Council Meeting

Minutes

Meeting No. 632

16 April 2024

Commenced at 7.00pm

Council Chamber

301 Hampshire Road, Sunshine,

Victoria

Fiona Blair

Chief Executive Officer

19 April 2024

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Council

Cr Ranka Rasic

Mayor (Apology)

Cr Jae Papalia

Deputy Mayor

Cr Victoria Borg

Cr Sarah Branton

Cr Thuy Dang

Cr Sam David

Cr Maria Kerr

Cr Bruce Lancashire

Cr Jasmine Nguyen

Cr Thomas O’Reilly

Cr Virginia Tachos

Municipal Monitors

Ms Penelope Holloway Municipal Monitor

Executive Leadership Team

Ms Fiona Blair

Chief Executive Officer

Ms Lynley Dumble

Director Community Wellbeing

Ms Georgie Hill

Director People, Partnerships and Performance

Mr Chris Leivers

Director Infrastructure and City Services

Mr Mark Stoermer

Director Corporate Services

Mr Kelvin Walsh

Director City Futures

Governance Team

Mr Danny Bilaver

Manager Governance and Risk

Mr Tony Vo

Coordinator Council Business

Ms Jessica Zelenbaba Council Business Officer

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Table of Contents

1 Opening (Including Acknowledgement Of Country) ......................................5

2 Council Commitment.....................................................................................5

3 Apologies/Leave Of Absence ........................................................................5

4 Disclosure Of Conflicts Of Interest ................................................................5

5 Designation Of Items As Confidential ...........................................................5

6 Confirmation Of Minutes Of Previous Council Meetings .................................6

7 Condolences .................................................................................................6

7.1 Les Twentyman ...................................................................................6

7.2 Bondi Tragedy .....................................................................................6

8 Congratulations ............................................................................................7

8.1 Julian Reynolds ...................................................................................7

9 Public Question Time ....................................................................................7

10 Petitions .....................................................................................................17

10.1 Tree Removal ....................................................................................17

11 Minutes/Reports Of Delegated Committees ................................................18

12 Officer Reports............................................................................................19

12.1 Draft Financial Plan 2024-2034, Draft Annual Budget 2024/2025

(Including Draft Capital Works Budget) And Draft Council Plan Annual

Action Plan (Year 4) 2024/2025 .......................................................19

12.2 Governance Report April 2024 ..........................................................26

12.3 Keilor Sports Club Social Room Extension .........................................35

12.4 Planning Activity Update And Delegate Decisions And Planning

Scheme Amendments Update - March 2024 ......................................46

12.5 Planning Compliance Activity Update - 1 January To 31 March 2024 .50

12.6 Application To Amend Planning Permit P772/2014 For 697-703

Ballarat Road, Ardeer ........................................................................52

12.8 Impact And Mitigation Of Aircraft Noise Inquiry Draft Submission....61

12.9 Securing Victoria's Food Supply Inquiry Draft Submission ................66

12.10 Approval Of Borrowings ....................................................................70

12.11 Green Gully Reserve Northern Precinct Enhancement Plan Project

Update ..............................................................................................73

12.12 Proposed Additional Accessible Parking In Front Of Brimbank

Community & Civic Centre .................................................................83

12.13 Municipal Maintenance Agreement (Department Of Transport

Formerly Vicroads)............................................................................87

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12.14 Final Draft Alfrieda Street Public Realm Master Plan .........................94

12.15 Contract No. 21/2994 - Graffiti Removal And Inspection Services -

Contract Extension ..........................................................................101

13 Notices Of Motion......................................................................................104

14 Notices Of Rescission ................................................................................104

15 Urgent Business........................................................................................104

16 Confidential Business................................................................................104

17 Meeting Closure ........................................................................................104

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1 Opening (Including Acknowledgement Of Country)

The Deputy Mayor, Cr Jae Papalia, opened the meeting at 7pm and welcomed all in

attendance.

The Deputy Mayor stated:

On behalf of Brimbank City Council, I respectfully acknowledge and recognise the

Wurundjeri and Bunurong Peoples as the Traditional Custodians of this land and pay

respect to their Elders, past, present and future.

2 Council Commitment

The Deputy Mayor, on behalf of the Council, read the Council Commitment:

As the Council, we will act in the best interests of the Brimbank community and consider

the immediate and long term impacts of our decisions. We will make these decisions

fairly and without bias.

We will uphold all of our obligations under the laws of Victoria and Council’s local laws,

and will act in accordance with our Code of Conduct.

3 Apologies/Leave Of Absence

The Deputy Mayor noted Cr Ranka Rasic submitted an apology for this meeting.

4 Disclosure Of Conflicts Of Interest

Cr Thomas O'Reilly indicated he would raise a conflict of interest in relation to Item 12.1

Draft Financial Plan 2024-2034, Draft Annual Budget 2024/2025 (Including Draft Capital

Works Budget) And Draft Council Plan Annual Action Plan (Year 4) 2024/2025 and Item

12.7 Final Draft Brimbank Housing and Neighbourhood Character Strategy – Adoption.

5 Designation Of Items As Confidential

Motion

That Council declares confidential in accordance with section 66(2)(a) of the

.

Confidential Attachment 1 to report 12.15 Contract No. 21/2994 - Graffiti Removal and

Inspection Services - Contract Extension as it relates to Council business information,

being information that would prejudice Council’s position in commercial negotiations if

prematurely released (s 3(1)(a) of the

Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Maria Kerr

That Council declares confidential in accordance with section 66(2)(a) of the

.

Confidential Attachment 1 to report 12.15 Contract No. 21/2994 - Graffiti

Removal and Inspection Services - Contract Extension as it relates to Council

business information, being information that would prejudice Council’s position

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in commercial negotiations if prematurely released (s 3(1)(a) of the

CARRIED

6 Confirmation Of Minutes Of Previous Council Meetings

Motion

That Council confirms the Minutes of Council Meeting No. 631, held on 19 March 2024.

Resolution

Moved Cr Victoria Borg/Seconded Cr Virginia Tachos

That Council confirms the Minutes of Council Meeting No. 631, held on 19 March

2024.

CARRIED

7 Condolences

7.1 Les Twentyman

Motion

That Council notes the passing of Les Twentyman, and extends condolences to his

family.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Maria Kerr

That Council notes the passing of Les Twentyman, and extends condolences to

his family.

CARRIED

7.2 Bondi Tragedy

Motion

That Council notes the tragic events in Bondi and extends condolences to everyone

effected.

Resolution

Moved Cr Maria Kerr/Seconded Cr Virginia Tachos

That Council notes the tragic events in Bondi and extends condolences to

everyone effected.

CARRIED

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8 Congratulations

8.1 Julian Reynolds

Motion

That Council congratulates Julian Reynolds for his effort of cleaning up dumped rubbish

for the community.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Maria Kerr

That Council congratulates Julian Reynolds for his effort of cleaning up dumped

rubbish for the community.

CARRIED

9 Public Question Time

9.1 61/24

Question

K Thomson

What considerations or Options in regards to Car Park at Durham Rd??

9.2 62/24

Question

E Marabeliotakis

My father is an elderly citizen of Sunshine and regularly uses the health clinic 2 doors

down to the Durham Road carpark, at least 2 times a week. He relies on the car park to

access the clinic, especially as it means he doesn’t have to cross which makes him

breathless. I recently found out that council is looking to sell part of it, which was

concerning as its full every time I use it. Very disappointed by this proposal as are

hundreds of local residents, I feel that locals are being sold out. No-one has anything

against the museum but we need the carpark; especially elderly, local businesses,

disabled, vulnerable, neighbours, all that will be devastated. The reduction will mean

that we will no longer be able to get to the clinic. I thought that council was meant to

make good decisions in the interests of local residents, not for other organisations. I feel

let down by the councillors, especially those representing Sunshine. Will council put

locals first in this instance?

Answer

The Deputy Mayor advised that at the last Council meeting, Council resolved to sell part

of the Durham Road Car Park to the Vietnamese Museum Australia.

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As part of this decision, Council considered all the community consultation submissions

received, where the majority of submissions supported the sale of land.

There will be 30 publicly accessible spaces retained at the Car Park, including two

disabled spaces.

Council has also agreed to undertake a range of measures to increase the supply and

turnover of car spaces within the streets around the site.

9.3 63/24

Question

J Murray

What are my rights as a salvation army transitional house Tennant when it comes to

being evicted because the property owner don't want to renew the lease with dhhf (my

property is a head leased property) I have been stable in this house after 26 years of

reoccurring homelessness how can my housing be ripped out from under my feet like

this during the worst housing crisis

Answer

The Deputy Mayor advised that we recommend contacting Tenants Victoria regarding the

landlord’s obligations as a social housing provider under the Residential Tenancies Act.

Inquiries are directed to lawyers with specialist knowledge of Victorian rental laws.

Tenants Victoria can be contacted via phone 1800 068 860.

9.4 64/24

Question

A Koomen

Brimbank has one of the highest rates of urban heat in Melbourne. It’s no surprise when

the bulk of the landmass affected is made up of private yards that are filled with

concrete and artificial turf with hardly any natural green cover. What is the Council doing

to improve this serious situation and encourage ratepayers to plant more trees and

gardens?

Answer

The Deputy Mayor advised that some examples of how we are taking action to address

urban heat impacts are:

• Delivering the My Smart Garden Program to help residents grow food, shelter

their homes from the sun and wind, create homes for native plants and animals

and use water wisely.

• Taking a lead role in Greening the West since 2013, a collaboration with other

councils and public landowners to increase tree canopy in Melbourne’s West.

• Brimbank was one of the first council in Melbourne to require trees in the front

and back yards of single lot developments and we have a local law to protect

significant trees on private land.

9.6 67/24

Question

R Rizk

Street parking on Roseleigh Boulevard Sydenham between Moonlight Terrace and Kings

Road is always full due to residents in house number 23 Roseleigh Bvd Sydenham

permanently parking 8 to 10 cars in this section of the street and leaving the cars for

months without moving them. They are running some sort of a business from their

residential home and only 2 or 3 people permanently live in the property. This essentially

takes up all the parking spots in the whole street and doesn’t give street residents or

their visitors the chance to park their vehicles. Multiple Neighbours are frustrated with

this issue. What's the council doing to address this issue or regulate the parking in this

section of the road.

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Answer

The Deputy Mayor advised that Council officers acknowledge the concern raised and will

investigate whether a business is operating from the site. A business may operate from

the site provided the requirements for a home based business under Cl 52.11 of the

Brimbank Planning Scheme are met. If the resident would like to contact Council’s

Planning Compliance Unit directly, they can provide an update following the

investigation.

9.7 68/24

Question

G Blore

What penalties are in place for Brimbank Councillors who falsely and deceitfully claimed

in their campaign material to have NO affiliation with any political party prior to being

elected to office in 2020, and were in fact members of political parties?

Answer

The Deputy Mayor advised that the Victorian Electoral Commission and the Local

Government Inspectorate are the authorities responsible for investigating and applying

penalties in relation to complaints about local government elections. Any complaints in

relation to campaign material would need to be directed to the VEC.

9.8 69/24

Question

G Blore

Brimbank Council claim to support and develop physical activity participation as part of

its broader health and wellbeing approach, which includes the stated principles of:

Availability and affordability; Accessibility and equity; and Valuing and respecting

diversity. Why is it that despite repeated requests for ONE set of Aussie Rules goalposts

at Kevin Flint Reserve Cairnlea, even 4 weeks after the start of the season they have still

not been replaced, and why were they removed anyway, also noting that there are no

female change rooms at Kevin Flint Reserve?

Answer

The Deputy Mayor advised that Council has provided one set of AFL goal posts at Kevin

Flint Memorial Reserve for informal use by the community. These goals, like AFL goals

across Council’s formal competition sports grounds are removed for the summer season

as the venues are used for cricket with the goals being an obstruction to the cricket field

of play. The set of goals at Kevin Flint are being installed in the coming weeks. Kevin

Flint has four change rooms all of which are suitable for female participation.

9.9 70/24

Question

M Lynn

Hello Brimbank Council. My name is Mat Lynn and I'm asking my questions today on

behalf of Melbourne Zero, an ambitious, city-wide movement to end rough sleeping by

2030. I have two questions.

What are Council's official plans to increase affordable housing and end homelessness,

and how is this coordinated with others, including

nearby councils?

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Answer

The Deputy Mayor advised that in 2022 Council endorsed a Homelessness

Implementation Plan and works closely with neighbouring councils and peak bodies on

joint advocacy to Federal and state governments to increase funding for both

homelessness service responses as well as social and affordable housing provision.

9.10 71/24

Question

M Lynn

Does Council know how many people are sleeping rough across the LGA? How is Council

collecting this vital health information?

Answer

The Deputy Mayor advised that according to the 2021 census, there were 46 people are

sleeping rough in the municipality.

9.11 72/24

Question

D Hurlston

What amount of waste enforcement costs in the current financial year 2023/24 has the

Council included in its waste levies charged to residents? (if any)

Answer

The Deputy Mayor advised that there is no amount of waste enforcement costs in the

current financial year 2023/24 that Council included in its waste levies charged to

residents.

9.12 73/24

Question

D Hurlston

What amount of revenue has council included in the current financial year 2023/24 from

waste enforcement actions?

Answer

The Mayor advised that Council has not included any revenue in the current financial

year 2023/24 from waste enforcement actions. Council has Litter Enforcement Officers.

Through infringement and prosecution Council is estimated to receive $200k in fines

from dumped rubbish offenders in the current financial year 2023/24.

9.13 74/24

Question

D Cappelli

Can BCC consider a policy mandating a declaration of political affiliations/memberships

for: candidates, elected councillors, and staff?

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Answer

The Deputy Mayor advised that as per the notice of motion passed by Council at its

February 2024 meeting, Councillors are to provide quarterly updates on their current and

previous political memberships.

Council has no authority to mandate that candidates for Council elections provide such

information. Council staff are bound a code of conduct that specifies that they are not to

use work time, facilities or resources in relation to their personal interests including

political organisations.

9.14 75/24

Question

D Cappelli

Did BCC complete a due diligence report on the proposed sports grounds at Green Gully

Reserve, where can residents review the report?

Answer

The Deputy Mayor advised that Council has completed a number of reports as part of the

planning for this Project; these cover bio diversity (native grass), contaminated land and

cultural heritage.

These reports have not been made public, but have informed planning for the Project

and the advice provided to Council.

9.15 76/24

Question

Brimbank Disability & Neurodiversity Advocacy Group

Despite promising the disability community that Council would Beta test their new

website and seek feedback for improvement prior to launch, Council hard launched the

new website in December 2023, without Beta testing. The website has many issues

concerning accessibility and it seems much of the feedback that has been provided by

the community, has not been included in the new website. Can Council advise why it

chose to renege on its promise to have the site beta tested by the disability community

and how it plans to address these issues without adequate consultation.

Answer

The Deputy Mayor advised that the new website, launched in February, includes a range

of features that enhances accessibility. Unfortunately, it was not feasible to undertake

testing with the disability community prior to the launch due to the complexity of the

site. Many parts of the site were behaving differently in the test environment from how

they would behave in the live environment and we have been working to resolve and

refine key parts of the live site before undertaking community testing. The new website

is organic and will continue to change and evolve. Feedback is always welcomed from

community about the website and we will actively seek feedback in the months ahead,

including from members of the disability community.

9.16 77/24

Question

Brimbank Disability & Neurodiversity Advocacy Group

Can Council please provide a date for when easy read and plain English versions of

policies and documents - including Council meeting agendas and minutes, will be

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provided for the disability community to access, as it has been promised by Council for

years, but not yet provided?

Answer

The Deputy Mayor advised that Council is moving toward using plain English in more of

our communications to ensure they are accessible to all. This has already been

implemented in some communications already including community consultations on our

Your Say webpages. We are continuing to explore how we can communicate more simply

and effectively with our community.

9.17 78/24

Question

Brimbank Sustainability & Climate Action

With news that parks in Victoria have been impacted by Asbestos contamination, can

Council confirm if any other parks besides Fitzgerald Square Reserve, have been or are

due to be tested, which parks have been or will be tested, and what the results of any

tests that have been conducted are.

Answer

The Deputy Mayor advised that officers have advised that no other parks have been, or

are due to be, tested for asbestos by the EPA.

With reference to Fitzgerald Square Reserve, EPA identified asbestos in a test sample

from this reserve; it was in 'bound form' and was determined to have been illegally

dumped their along with building rubble. This has since been removed and the site has

been cleared as safe. No other asbestos has been identified in parks in Brimbank.

9.18 79/24

Question

Brimbank Sustainability & Climate Action

In Council's YourSay feedback opportunities, there is always a question that asks “In

case we have questions about your feedback, do you consent to being contacted by a

Council Officer?”

Has anyone ever been contacted with regards to their feedback and if so, how many

people have been contacted and when was the last time someone was contacted?

Answer

The Deputy Mayor advised that the question in our Have Your Say portal is framed so

that if the Project Manager needs more information, they can obtain it, whilst adhering

to the

requirements.

When the Project Lead is reviewing the feedback, there may be an occasion when they

wish to follow up with the respondent. However, our records in Parks and Public Realm

show that no follow up has been required in the past 12 months of community

engagement on projects. This is because the questions are designed to illicit the

feedback needed - through surveys, open ended questions and sometimes voting on

options.

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Resolution

Moved Cr Virginia Tachos/ Seconded Cr Victoria Borg

That Council extend Public Question time for another 15 minutes.

CARRIED

9.19 80/24

Question

S Meilak

Since passing a motion of support for Palestine, can Council please advise if it is

providing trauma counselling, accommodation, and other localised support to its

Palestinian community, and what specific support it has began providing since the

motion was passed?

Answer

The Deputy Mayor advised that Council provides advice on specific Council supports as

well as those services provided by other organisations that may be able to assist

members of the Palestinian community based on their individual needs. The Government

has also confirmed that People fleeing the Israel-Palestine conflict who arrived in

Australia on a visa subclass 600 (Visitor visa) will have free access to health services in

Victoria.

9.20 81/24

Question

S Meilak

Council recently advised members of the Brimbank Community Voice that all

consultations will now be managed in-house, as the agreement with Deliberately

Engaging will be coming to an end. Can Council advice how participants for consultations

will be selected going forward, if member information will be de-identified to establish

fair and adequate representation of diverse groups, and what strategies will be

implemented to ensure transparency in the selection process and that no biased

selection of participants is made.

Answer

The Deputy Mayor advised that after Council takes over management of Brimbank

Community Voice, Panel members will continue to receive Expression of Interest emails

and have the ability to register to participate in consultations, excepting for occasions

where we are seeking feedback on a project from a specific demographic group. Panel

member information will be de-identified to establish fair and adequate representation of

diverse groups. The Community Engagement Team will be responsible for organising

panel member participation in consultations for activities to prevent bias and ensure a

diverse range of people can participate.

9.21 82/24

Question

F Pistillo

On the 20th of February 2024, the Brimbank Council unanimously passed a motion in

support of Palestine entitled “Ceasefire in Gaza.” The motion requested that the

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Brimbank Council lobby the Australian Government, on behalf of Brimbank residents,

calling for a permanent ceasefire in Gaza, to allow for urgent humanitarian aid and an

end to the occupation and apartheid in Gaza.

The Brimbank Solidarity Group for Palestine are seeking confirmation about what, if any,

action or lobbying the Brimbank Council has undertaken since the passing of this

motion?

If so, please provide details about the actions that Brimbank Council have implemented.

If not, can Council outline any proposed actions, along with target dates to ensure this

matter progresses accordingly?

Answer

The Deputy Mayor advised that a letter has been sent to the Prime Minister in

accordance with the motion passed at the meeting in February.

9.22 83/24

Question

F Pistillo

The Brimbank Solidarity Group for Palestine would like to offer support and ideas about

how council can lobby the Australian Government around this issue. Is a partnership

something that Brimbank Council would be open to and if so, please provide further

details on how we can achieve this collaboratively?

Answer

The Deputy Mayor advised that Council staff will contact the Brimbank Solidarity Group

for Palestine regarding their offer support.

9.23 84/24

Question

D Havelas

Once again Brimbank City Council is dismissing the importance of disabilities in the

municipality. Can Brimbank City Council explain why in our draft budget page 49 the

words People with additional needs was used instead of the correct word of Disabilities

being acknowledged as a community need?

Answer

The Deputy Mayor advised that the wording within the Mayors message that you have

referenced is part of a list of priorities identified by community through the consultation

process. In this instance the wording ‘People with additional needs and/or who are at

risk’ extends to those experiencing homelessness, new arrivals, as well as people with

disabilities. Further information about the consultation findings is included in Attachment

4. The Annual Action Plan in attachment 3 includes actions that are specific to people

with disabilities. It includes encouraging local employment of people with disability and

implementing the Disability Action Plan.

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9.24 85/24

Question

D Havelas

Brimbank City Council needs to advocate the State and Federal Governments for

Disabilities. What is Brimbank City Council doing to actually include this very important

residents that are part of our community including adults ?

Answer

The Deputy Mayor advised that Council has a diversity of services and programs that

community can access, including people with disability. Council also are able to connect

community members into other existing services and supports provided by local

community organisations. Council’s advocacy efforts will continue in alignment with the

Together We Are Brimbank Plan; we will respond to community needs and matters as

they are identified.

9.25 86/24

Question

B Bligh

The Council's recent initiative to restrict parking on Dubbo St, Albion is a good one,

particularly in the context of Albion as a densely populated and highly walkable

neighbourhood. However the new rules are widely flouted and cars are often parked next

to the no parking sign. Is Council considering active enforcement of the new rules to

increase compliance?

Answer

The Deputy Mayor advised that Council is currently routinely patrolling the Dubbo Street

area. Compliance officers have carried out educational enforcement of the no stopping

signage in the street and have also issued a number of infringements to those found

parking illegally. Council Officers will continue to monitor and patrol the area in an

attempted to change unsafe driver parking behaviour.

9.26 87/24

Question

B Bligh

Furthermore will Council additionally consider a resident permit only parking approach

for neighbourhoods like Albion to effectively ration the limited public resource that on

street parking is?

Answer

The Deputy Mayor advised that the streets within Albion, closer to the Albion Train

station currently have ‘Resident Permit Parking’ to manage parking demands between

commuters and residents. At this stage there is are no proposals to implement further

‘Resident Permit Parking’ throughout Albion, as the introduction of permit parking is

generally only implemented around train stations, schools, Hospitals and Activity Centres

where there is competing demands for parking. Permit Parking is not implemented in

streets where the demand for on-street parking is generated by residents.

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9.27 88/24

Question

M DeBrincat

Looking at Brimbank's Final Draft Brimbank Housing And Neighbourhood Character

Strategy. In reading the submissions to the original draft and the corresponding Officer

Responses, I can't help but feel that the council has only listened to concerns expressed

by external corporates (Melbourne Airport, WorkSafe & River Valley Estate) but has

otherwise disregarded the concerns of its residents. In response to certain concerns, it

reads as though the Officer has just responded with a regurgitation of what the draft

strategy says on the particular topic (ie. a regurgitation of the very thing the objector

was concerned about) but doesn't seek to resolve the concern noted as all objections by

the public were marked as not changes being made. What was the process of reviewing

these concerns by local residents how much consideration was put to them? Did council

members review these & the Draft Strategy themselves or are they just relying on the

summary provided in the agenda.

Answer

The Deputy Mayor advised that not all matters raised in submissions to the draft Housing

and Neighbourhood Character Strategy resulted in changes to the final draft Strategy.

This is because some matters raised by submitters were outside the scope of the project

or not strategically justified. The process of reviewing the submissions included an officer

assessment which was reviewed by the supervisor, project control group; consultants;

Manager; Director; Executive Leadership Team and Councillors, who also received a full

copy of all submissions received. Submitters were also given an opportunity to present

their submission to Councillors at the Planning Forum on 12 March 2024.

10 Petitions

10.1 Tree Removal

Petition received with 15 petitioners requesting Council to remove a tree in front of 1

Sorghum Way, Delahey.

Motion

That Council:

a. Receives a petition from 15 petitioners, requesting Council to remove a tree in

front of 1 Sorghum Way, Delahey.

b. Refers the petition from 15 petitioners in relation to the removal of a tree in front

of 1 Sorghum Way, Delahey to the Chief Executive Officer for consideration and

response.

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Resolution

Moved Cr Maria Kerr/Seconded Cr Thomas O'Reilly

That Council:

a. Receives a petition from 15 petitioners, requesting Council to remove a

tree in front of 1 Sorghum Way, Delahey.

b. Refers the petition from 15 petitioners in relation to the removal of a tree

in front of 1 Sorghum Way, Delahey to the Chief Executive Officer for

consideration and response.

CARRIED

11 Minutes/Reports Of Delegated Committees

Nil.

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12 Officer Reports

12.1

Draft Financial Plan 2024-2034, Draft Annual Budget 2024/2025 (Including Draft Capital Works Budget) And Draft Council Plan Annual Action Plan (Year 4) 2024/2025

12.1

Draft Financial Plan 2024-2034, Draft Annual Budget

2024/2025 (Including Draft Capital Works Budget) and

Draft Council Plan Annual Action Plan (Year 4)

2024/2025

Directorate

People, Partnerships and Performance; Corporate Services

Director

Georgie Hill, Mark Stoermer

Managers

Rachel Deans, Andrew Brae

Attachment(s)

1. BCC Draft Financial Plan 2024-2034 [

12.1.1

- 32 pages]

2. Draft BCC Annual Budget 2024-2025 [

12.1.2

- 84 pages]

3. Draft Council Plan - Year Four Annual Action Plan 2024-

2025 [

12.1.3

- 8 pages]

4. Report of Phase One Community Consultation for 24-25

Annual Budget and Council Plan A [

12.1.4

- 19 pages]

Purpose

For Council to consider the draft Financial Plan 2024–2034, the draft Annual Budget

2024/2025 and draft Council Plan Annual Action Plan (Year 4) 2024/2025 for

endorsement prior to community consultation.

Officer Recommendation

That Council:

a. Notes the diverse and complex strategic financial challenges facing Council including

rate capping, a growing asset base, increasing asset renewal obligation, the impact of

climate emergency and that the budget has been developed within Council’s objective

of being financially sustainable with the focus on value for money and best community

outcomes.

b. Endorses the draft Financial Plan 2024 – 2034 at Attachment 1 to this report for

consultation.

c. Endorses the draft Annual Budget 2024/2025 at Attachment 2 to this report for

consultation.

d. Endorses the draft Council Plan Annual Action Plan (Year 4) 2024/2025, at Attachment

3 to this report for consultation.

e. Gives public notice, of the draft Financial Plan 2024 – 2034, the draft Annual Budget

2024/2025 and the draft Council Plan Annual Action Plan (Year 4) 2024/2025, in the

Star Weekly and on Council’s website and invites written online submissions from 22

April 2024 until 16 May 2024.

f. Notes the Phase One Community Consultation Report, that has informed development

of the draft Council Plan Annual Action Plan (Year 4) 2024/2025 and draft Budget

2024/2025, at Attachment 4.

g. Receives a further report outlining community consultation and online submissions,

about the draft Financial Plan 2024 – 2034, the draft Annual Budget 2024/2025 and

the draft Council Plan Annual Action Plan (Year 4) 2024/2025, and presenting a final

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draft Annual Budget 2024/2025, final draft Financial Plan 2024 - 2034 and final draft

Council Plan Annual Action Plan (Year 4) 2024/2025.

Background

‘Together We are Brimbank’ is an integrated plan that describes the Council Plan 2021-

2025, Community Vision 2040, and Municipal Public Health and Wellbeing Plan. Adopted

on 19 October 2021, ‘Together We are Brimbank’ sets the four-year strategic direction for

Brimbank City Council, whilst working towards the long-term Community Vision 2040 and

the Municipal Public Health and Wellbeing priorities.

The Local Government Act 2020 (LGA 2020) requires Council to develop a 4-year Council

Plan following a municipal general election. To ensure implementation of the strategic

directions outlined in the Council Plan, Annual Action Plans are developed and monitored.

Quarterly Council Plan Annual Action Plan reports are presented to Council and annual

achievements are published in the Brimbank City Council Annual Report, in line with

legislative requirements of the Local Government Act 2020.

Additionally, the LGA 2020 states that a Council must:



Prepare and adopt a budget for each financial year and the subsequent 3 years

by 30 June each year – Section 94(1)(a)



Develop the budget and any revised budget in accordance with the financial

management principles – Section 96 (1)(a)



Develop the budget and any revised budget in accordance with its community

engagement policy – Section 96 (1)(b).

In respect of the Financial Plan, the LGA 2020 states a Council must:



Develop, adopt and keep in force a Financial Plan in accordance with its

deliberative engagement practices – Section 91(1)



Develop or review the Financial Plan in accordance with its deliberative

engagement practices and adopt the Financial Plan by 31 October in the year

following a general election – Section 91(4).

Matters for Consideration

Draft Financial Plan 2024-2034

The draft Financial Plan (FP) is linked to Brimbank’s objectives of providing high levels of

appropriate services and a strong capital expenditure program (

Attachment 1

). It is

developed to provide a long-term view of the resources that are expected to be available

to Council and the proposed application of those resources over a 10-year period.

The FP is designed as a high-level summary document that outlines future planning of

Council’s financial resources. It outlines Council's objective of being financially

sustainable in the short, medium and long-term to deliver on future projects and address

challenges, while upholding strong financial management principles.

It is important to note, however, that Council faces several diverse and complex

strategic financial challenges including:



Maintaining services and managing growth at a level to meet community

expectations while rates, being Council’s main source of income, are capped in

line with the Victorian Government’s rate capping system.



The risk and liability that Council and the community face if Council does not

invest in asset renewal at an adequate rate.

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

Continuing to provide an appropriate range of services to an evolving and

changing community



Climate change and the impact of the climate emergency



Land contamination in areas of Brimbank and;



Maintaining a sound financial position in light of these challenges.

The draft FP includes a 10-year forecast across the following key financial statements:



Income statement



Cash flow statement



Balance sheet



Statement of changes of equity



Capital work statement



Statement of human resources.

Draft Annual Budget 2024/2025

The draft Annual Budget 2024/2025, at

Attachment 2

, provides for a total operating

expenditure of $263.2 million and a capital works program of nearly $58.7 million. The

budget includes a total rate increase of 2.75 per cent across all properties.

In 2024/2025 Council will invest $263.2 million into operations. The operational budget

funds 76 diverse services ranging from arts and culture and maternal and child health to

statutory planning and urban design.

The operational budget allocates $25.6 million for Waste Services, $13.9 million for

Libraries, Arts and Culture and our Neighbourhood Houses and Community Centres, $6.5

million to deliver Maternal and Child Health services across Brimbank and $15 million

towards Leisure services (which includes the Brimbank Aquatic and Wellness Centre and

Sunshine Leisure Centre).

Next year Council will spend an increased amount, $17.6 million, on Parks and Trees

across the municipality as well as:



$4.6 million towards Environmental Sustainability and Conservation



$10.7 million for Road Maintenance and Cleansing Services



$3.4 million on Statutory Planning and;



$2.6 million for Animal Management across Brimbank.

An investment of $58.7 million will be made into the capital works program in 2024/

2025. Highlights include:



$27.9 million on roads and drainage upgrades



$5.2 million for playgrounds, parks and gardens



$2.1 million on walking and cycling paths to connect our city



$18.8 million on improvements to community facilities including sports and early

learning facilities



$0.9 million on assets including $800,000 for library books, and;



$3.8 million for the cyclical replacement of plant and vehicle fleet.

Shifting demographics, changes to Government policy, service model reforms, and

ensuring social equity and access in a constrained financial environment, are creating

pressure on the way services and infrastructure are funded and delivered.

The preparation of the draft Annual Budget 2024/2025 has been influenced by the

following external factors:

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Rate Base:

The Victorian State Government introduced a cap on rate increases in 2016/2017. The

cap for 2024/25 has been set at 2.75%. This rate cap poses significant challenges to

Council as it is set well below CPI.

State Government:

The landfill levy payable to the State Government upon disposal of waste into landfill has

increased from $6.59 million in FY2023/2024 to $7.61 million in FY2024/2025 and is

included in Council's waste management budget.

The Fire Services Property Levy is a State Government levy, which is collected by Council

on behalf of the State Government.

Legislative Changes:

The Federal Budget delivered in 2021 announced increases in the Superannuation

guarantee percentage for the 2021/22 financial year, moving the rate from 9.5% to

10.0%, and a further 0.5% increase, each financial year, until the rate reaches 12.0% in

the 2025/26 financial year. These Superannuation guarantee percentage increases have

been factored into the Draft Annual Budget 2024/25, and outer year figures.

Legislative changes have and will continue to have an impact on the operating costs for

many Council services. One example is the impact of traffic management planning

accreditation and provision on Parks Services, which costs an additional $250,000 per

annum.

Cost Shifting:

As funding from the Federal and State Governments either lessens or remains the same,

the 'gap' between the true cost of running Council services and the level of subsidy

continues to grow. Grant revenue as a proportion of total revenue is budgeted to

decrease from a position of 10.65% in 2023/2024 to 10.37% in 2024/2025.

Global influences:

The construction industry relies on global supply chains for materials, equipment, and

labour. Capital works costs have grown from 5% to 15% over baseline (FY2024 to FY

2034 budget). This has increased the average annual spending from $3M (5% uplift) to

$8.8M (15%uplift).

Climate Emergency:

Impact of Climate Emergency is contributing to increased costs for many Council

services. One example is the Parks Service, where prolonged Spring seasons result in

greater vegetation growth and more frequent and severe storm events increase

maintenance costs.

Borrowing Rates:

The cost of borrowings are forecast to be significantly impacted by future interest rate

movements. The current loan balance at 30 June 2023 is $88.3m, where the majority of

the balance is locked in at historically low rates of less than 2%. The projected 10-year

Treasury Corporation of Victoria Bond Rate is expected to reach 4.55%.

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Community Expectations:

Community are at the heart of Council’s work and drive service provision. Over time

Council have seen an increase in expectations relating to the use of technology, and

access to Council services online. This is having an impact on technology infrastructure

and systems that are ageing and in need of significant uplift.

Draft Council Plan Annual Action Plan (Year 4) 2024/2025

The draft Council Plan Annual Action Plan (Year 4) 2024/2025

(Attachment 3)

outlines

Council’s annual commitment towards the implementation of ‘Together We are

Brimbank.’ The draft Annual Action Plan progresses work towards the Council Vision, ‘A

transformed Brimbank that is beautiful, thriving, healthy and connected’.

The draft Annual Action Plan contains 81 actions related to the four Strategic Directions

of ‘Together We are Brimbank’:



People and Community - A welcoming, safe and supported community – an

inclusive place for all



Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - a green place for all



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

opportunities to learn and earn - a prosperous place for all



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.

Some actions reflect the progress of initiatives from the previous Annual Action Plan,

acknowledging that ‘Together We are Brimbank’, spans the term of this Council.

Community Engagement

The draft Annual Budget 2024/2025 and draft Annual Action Plan have been developed

to reflect information provided by community through engagement processes completed

in 2023. This first phase of consultation included:



Community Voice sessions with 66 participants and;



Engagement with an additional 55 people as follows:



Youth Focus Group at Visy Hub (12 participants)



Brimbank Aboriginal and Torres Strait Islander Consultative Committee

(BATSICC) consultation at Cooinda (2 participants)



Older persons ‘pop-up’ at St Albans Community Centre (12 participants)



Disability Advisory Committee at the Keilor Hub (7 participants).

A report detailing Phase One Community Consultation is available at

Attachment 4.

Subject to endorsement, the draft Annual Budget 2024/2025 and draft Annual Action

Plan will be made publicly available for online submissions and feedback from 22 April

2024 until 16 May 2024 via the Your Say Brimbank website and other community

engagement activities.

This will be promoted and supported by:



placing an advertisement in the local newspaper to notify the public of the

opportunity to make comment

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

printed copies being made available to view in-person at the Brimbank

Community and Civic Centre, 301 Hampshire Road, Sunshine.

After the second phase of community consultation, Council will receive a report that

summarises all the feedback received from the community. This report will also include

the final Draft Annual Budget for 2024/2025 and the final Draft Council Plan Annual

Action Plan for 2024/2025 for consideration.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2024/2025.

Financial

: significant financial impacts

• Yes - Council must ensure that it has implemented the principles of sound financial

management including prudently managing financial risks faced by Council, pursuing

spending and rating policies consistent with a reasonable degree of stability, ensuring

decisions are made and actions taken having regard for the financial effects on future

generations, and ensuring full, accurate and timely disclosure of financial information

relating to Council.

This report and its attachments address the risks associated with demonstrating

Council’s commitment to the principles of sound financial management by developing a

Budget, Financial Plan, Revenue and Rating Plan that outlines the future planning of

Council's financial outcomes, particularly in relations to key components such as rate

levels, service levels to the community, major infrastructure asset replacement and

renewal, loan borrowings and cash reserves.

Regulatory

: legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – Legal requirements, as per background section above.

Legislation/Council Plan/Policy Context

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

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 strives to enhance services

and liveability for the Brimbank community.

This report complies with the Local Government Act 2020.

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

conflicts of interests to declare.

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Resolution

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council:

a. Notes the diverse and complex strategic financial challenges facing Council

including rate capping, a growing asset base, increasing asset renewal

obligation, the impact of climate emergency and that the budget has been

developed within Council’s objective of being financially sustainable with the

focus on value for money and best community outcomes.

b. Endorses the draft Financial Plan 2024 – 2034 at Attachment 1 to this report

for consultation.

c. Endorses the draft Annual Budget 2024/2025 at Attachment 2 to this report

for consultation.

d. Endorses the draft Council Plan Annual Action Plan (Year 4) 2024/2025, at

Attachment 3 to this report for consultation.

e. Gives public notice, of the draft Financial Plan 2024 – 2034, the draft Annual

Budget 2024/2025 and the draft Council Plan Annual Action Plan (Year 4)

2024/2025, in the Star Weekly and on Council’s website and invites written

online submissions from 22 April 2024 until 16 May 2024.

f. Notes the Phase One Community Consultation Report, that has informed

development of the draft Council Plan Annual Action Plan (Year 4)

2024/2025 and draft Budget 2024/2025, at Attachment 4.

g. Receives a further report outlining community consultation and online

submissions, about the draft Financial Plan 2024 – 2034, the draft Annual

Budget 2024/2025 and the draft Council Plan Annual Action Plan (Year 4)

2024/2025, and presenting a final draft Annual Budget 2024/2025, final

draft Financial Plan 2024 - 2034 and final draft Council Plan Annual Action

Plan (Year 4) 2024/2025.

CARRIED

, 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, 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.

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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

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).

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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.

Delegate’s and Representative’s Reports

(Attachment 2)

were received for the

following meetings:

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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.

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Resolution

Moved Cr Virginia Tachos/Seconded Cr Victoria Borg

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,

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,

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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.

CARRIED

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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.

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;

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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



the current financial constraints,



the project is not a strategic priority identified in the Sports Development

Plan 2023,



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,



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.

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

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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:

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

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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

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

paying Council the funds due under it.

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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



A proposed project budget of:

o

$700,000 State Government

o

$700,000 Brimbank City Council

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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

Total project

Keilor Sports Club and

Melbourne Airport

Sponsorship

$400,000

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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.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Maria Kerr

That Council:

a. Provides the Keilor Sports Club with funding of $550,000 in 2024/25 in

line with the in-principle support resolved at the June 2023 Ordinary

Council Meeting for the club's proposed expansion of the Keilor Sports

Club Social Rooms, subject to the club-appointed builder successfully

completing a Corporate Score Card Report.

b. Requires Keilor Sports Club guarantors to provide Council with bank

guarantees prior to the commencement of construction for the $650,000

committed to the project, should it be required.

CARRIED

For:

Cr Victoria Borg, Cr Thuy Dang, Cr Sam David, Cr Maia Kerr, Cr Bruce Lancashire,

Cr Thomas O’Reilly, Cr Jae Papalia and Cr Virginia Tachos.

Against:

Cr Sarah Branton and Cr Jasmine Nguyen.

Abstained:

Nil.

CARRIED

Brimbank Council Meeting No. 632 16 April 2024

46 of 104

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

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

Brimbank Council Meeting No. 632 16 April 2024

47 of 104

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

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

Brimbank Council Meeting No. 632 16 April 2024

48 of 104

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.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Victoria Borg

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

Brimbank Council Meeting No. 632 16 April 2024

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prepare an amendment under section 20(4) of the

.

CARRIED

Brimbank Council Meeting No. 632 16 April 2024

50 of 104

12.5

Planning Compliance Activity Update - 1 January To 31 March 2024

12.5

Planning Compliance Activity Update - 1 January to 31

March 2024

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert

Attachment(s)

1. Service Requests Received and PINS Issued - 1

January to 31 March 2024 [

12.5.1

- 1 page]

2. Location of Requests for Services Received - 1 January

to 31 March 2024 [

12.5.2

- 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.

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.

Brimbank Council Meeting No. 632 16 April 2024

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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 Planning and Environment Act 1987 (the Act) 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.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Sam David

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

January to 31 March 2024.

CARRIED

Brimbank Council Meeting No. 632 16 April 2024

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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.

Brimbank Council Meeting No. 632 16 April 2024

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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.

Brimbank Council Meeting No. 632 16 April 2024

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Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Bruce Lancashire

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.

CARRIED

Brimbank Council Meeting No. 632 16 April 2024

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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.

Brimbank Council Meeting No. 632 16 April 2024

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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:

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

Brimbank Council Meeting No. 632 16 April 2024

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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.

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.

Brimbank Council Meeting No. 632 16 April 2024

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

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

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.

Brimbank Council Meeting No. 632 16 April 2024

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

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.

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.

Brimbank Council Meeting No. 632 16 April 2024

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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.

Resolution

Moved Cr Victoria Borg/Seconded Cr Bruce Lancashire

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.

CARRIED

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

conflicts of interests to declare.

Brimbank Council Meeting No. 632 16 April 2024

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Resolution

Moved Cr Maria Kerr/Seconded Cr Sam David

That Council:

a. Notes that the borrowings are in line with Council’s adopted Financial

Plan and Annual Budget.

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

Government Act 2020, delegates to the Chief Executive Officer, and any

Acting Chief Executive Officer, the power to authorise and execute loan

documentation, for the value of $6 million, to fund capital works projects

carried out during 2023/2024, in accordance with the Addendum to the

S5 Instrument of Delegation from Council to the Chief Executive Officer,

at Attachment 1 to this report.

c. Authorises the Chief Executive Officer and Mayor to sign and seal

mortgage documentation, if required to secure the loan for the value of

$6 million, to fund capital works projects carried out during 2023/2024.

CARRIED

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12.11

Green Gully Reserve Northern Precinct Enhancement Plan Project Update

12.11

Green Gully Reserve Northern Precinct Enhancement

Plan Project Update

Directorate

Infrastructure and City Services

Director

Chris Leivers

Manager

Dominic Di Martino

Attachment(s)

Nil

Purpose

For Council to consider an update on the Green Gully Reserve Northern Precinct

Enhancement Plan.

Officer Recommendation

That Council:

a. Notes the status update on Green Gully Reserve Northern Precinct Enhancement

Plan.

b. 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;

c. After considering the options available for development of the Green Gully site,

and noting the known complexities and uncertainty about the ability to proceed,

the uncertainty of the full costs to deliver the project at this site, and the

relatively poor value for money represented by this project, determines not to

proceed with the planned sports facilities at the site;

d. Subject to the decision not to proceed with the planned sports facilities at the

site, refers the site to the upcoming Creating Better Parks Open Space and

Playground Policy and Plan update to determine the most suitable informal use of

the site in future.

Background

Council’s Sports Facility Development Plan 2023 (Sports Plan) identifies the sporting

trends and sporting infrastructure needs of the Brimbank community, and establishes

ways to provide people of all ages, abilities and gender, the opportunity to access and

participate in a range of sporting activities. The Sports Plan identified that the current

and future demand for sports facilities outweighs the current provision, with the

community requiring a further seven soccer pitches, three AFL ovals and two rugby

pitches by 2027. Council has been investing significantly in existing and new facilities to

reduce this demand gap.

The Sports Plan includes a rolling program for the development of new sports facilities,

with Green Gully Reserve the highest priority for a new sports ground and supporting

infrastructure. To ensure the appropriate layout of required facilities in the vacant

Northern Precinct of the Reserve, the Green Gully Reserve Northern Precinct

Enhancement Plan (Enhancement Plan) was developed and subsequently adopted by

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Council at the Council Meeting on 21 July 2020 following a six-week community

consultation process on the Draft Enhancement Plan.

The adopted Enhancement Plan provides Council with a proposed site layout of Green

Gully Reserve Northern Precinct (the Site) including the following facilities which are

recommended to be included to provide additional sporting and recreational

opportunities for the Brimbank community:

• Senior size oval to cater for numerous sports

• Multipurpose pavilion with two change rooms

• Sports lighting (100 lux)

• Coaches boxes

• High ball protection fencing

• Car parking (100 spaces)

• Picnic and playground area

• Pathway network

• Road extension (McRae Boulevard)

At the Council Meeting on 18 August 2020 Council considered a report on the Final Draft

2020/2021 Annual Budget, including the Capital Works Budget. The Capital Works

Budget included an initial allocation of $1.4M for the implementation of the Green Gully

Reserve Northern Precinct Enhancement Plan Project (Project), to fund the

commencement of detailed design and fund the procurement of native vegetation offsets

required to progress the development of the sports facilities.

At the Council Meeting on 16 February 2021, Council received a report on the status of

the implementation of the Project and noted Council’s Chief Executive Officer, under

delegation, had submitted an Application for a Ministerial Exemption for the procurement

of native grass offset. In July 2021, Council received the Ministerial Exemption to enable

Council officers to progress the procurement of the native grass offset and finalisation of

Commonwealth and State Government approvals to enable development to proceed.

At the Council Meeting on 15 March 2022, Council received a report with an update on

the implementation of the Green Gully Reserve Northern Precinct Enhancement Plan and

in

exercise of the power conferred by section 11(1) of the Local Government Act

2020, delegated to the Chief Executive Officer, and any Acting Chief Executive Officer,

the power to execute the agreement with Crichton Properties from Council to the Chief

Executive Office, for the purchase of native grass offsets.

During concept design and due to increasing project costs and budget constraints, Green

Gully Close access road, a secondary car park on the Green Gully Close access road and

storm water harvesting system dam upgrade were removed from the scope of works (A

full scope of works and costs can be found at

Attachment 1

).

Matters for Consideration

Brimbank, like all Victorian councils, have been subject to Rate Capping since 2016. This

has had a cumulative impact at Brimbank of in the order of $126M to date and will

continue to impact the financial sustainability in future years. Brimbank Council also has

a large asset base, a significant obligation to maintain and renew these assets and an

ambitious agenda to continue to deliver assets that support community participation and

support broader wellbeing. As such, it is critical that capital investments are well

considered, and provide good value for money.

It is also important that Council fully understand both the cost of projects and any

complexity that risks delivery of the project, cost increases, or both.

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Recent developments relating to the Project have raised questions regarding the viability

of the Green Gully Project, with Aboriginal artefacts being discovered; these will require

further investigations to understand the full implications and the cost. The current cost

estimate for the project is $16,150,000, however due to the further cultural heritage

investigations, and potential actions required, this could escalate to an estimate of

$17,700,000 or more, with the final upper amount unable to be confirmed.

Analysis

Native Grass

Council’s consultant Ecology and Heritage Partners (EHP) have provided expertise and

advice to assist with this specialist process.

An investigation by EHP consultants identified native vegetation that is protected as per

the requirements of Commonwealth Government and Victorian State Government. The

native vegetation is an endangered ecological community “Natural Temperate Grassland

of the Victorian Volcanic Plain” (NTGVVP), protected under the Commonwealth

and the “Western

(Basalt) Plains Grassland” ecological community, protected under the State Government

In cases where protected native grass is identified, the development can only proceed if

it is ‘offset’ as per Commonwealth and State Government requirements. Given the

limited native grass offset sites available i.e. only one suitable site identified to meet

requirements, and the

procurement requirements for

tendering of goods and services, a Ministerial Exemption was required to progress the

procurement of native grass offset exempting tendering process. Based on this, Council’s

Chief Executive Officer, under delegation, submitted an Application for a Ministerial

Exemption in November 2020.

In July 2021 Council was notified by the Minister for Local Government that the request

to enter into a contract with landowners identified on the Department of Environment,

Land, Water and Planning’s (DELWP) Victorian Native Vegetation Credit Register, for the

management and purchase of native vegetation offsets at Green Gully Reserve Northern

Precinct in Keilor Downs, was successful.

Upon review of all parties, it was submitted to Commonwealth Department of

Agriculture, Water and the Environment (DAWE) for review. After extensive reviews and

two rounds of community consultation, the Preliminary Document and Offset

Management Plan was finalised. During this process, a variation to the submission was

submitted to omit Stage 2 of the development, as securing costly offsets at this stage

was not viable.

The Planning Permit was approved August 2023, following over 12 months of extensive

negotiations with Department of Energy, Environment and Climate Action (DEECA).

Until DEECA confirmed the scope of the native grass removal, detailed design for the

precinct was unable to progress, as site design set out could not be confirmed.

Following Planning Permit approval, native grass offsets were required to address State

Government requirements and were secured October 2023.

An agreement was formed with Crichton Properties Pty Ltd and DELWP which required

Council to pay $1.477 million for the purchase or native grass offsets.

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Cultural Heritage

As part of the Project site is an ‘area of cultural heritage sensitivity’, Council undertook a

CHMP, as part of a best practice approach and to mitigate potential risks to the project.

If the project was undertaken without a CHMP it could risk damaging a cultural

significant site; in addition, if any artefacts that were subsequently discovered during

construction, the project would be required to immediately cease until those artefacts

were recovered and appropriate approvals obtained, resulting in significant delays and

costs to the Project.

An on-site archaeological investigation (standard & assessment) survey commenced

October 2023, following the approved Planning Permit and approval for removal of the

native grass. Artefacts were found during fieldwork, in four separate locations, in ground

and on the surface, and as a result a further phase of archaeological fieldwork are

required. Should additional Aboriginal cultural heritage items be discovered in the next

phase of testing, further phases of excavation would be required until no further

artefacts are found. The programming of the next phase of fieldwork can take months to

secure in a booking.

Following the completion of the fieldwork, a meeting with the Registered Aboriginal Party

(RAP) would be required to discuss the results and proposed management conditions.

The RAP has long lead times for both fieldwork and meetings and this process could take

up to 5 months.

If a Cultural Heritage Management Plan (CHMP) is undertaken to progress the planning

for this project, on completion of the fieldwork a CHMP will be submitted for approval

and proceed to register the Aboriginal Place(s), which can take up to nine months. For

any salvage work undertaken, the Heritage Archaeologist is required to prepare a

separate Salvage Report. If the Aboriginal Place/s discovered during this time cannot be

protected from harm, salvage requirements may be required by the Registered

Aboriginal Party.

Salvage would be endorsed during the CHMP process and would need to occur before

any works could occur onsite. This process can add an additional 12 months to the

project timeline, also resulting in significant costs. Council officers cannot confirm

possible salvage costs at present because they do not know what the final size of each

registered Place will be until after the fieldwork is complete, making the cost and

timeframe uncertain.

Cost Analysis

To address budgetary considerations for this project, Council at the August 2022 Council

Meeting endorsed extending the project timeline by an additional twelve months, with

the revised completion date June 2025.

Financial Year

Allocated Budget

Expenditure

2020/2021

$1,400,000.00

$381,659.22

2021/2022

$1,400,000.00

$11,612.58

2022/2023

$4,700,000.00

$183,339.20

2023/2024

$3,850,000.00

$1,613,942.82

Total

$9,950,000.00

$2,190,553.82

The current Stage 1 Precinct Plan includes the development of one multipurpose ground,

car parking, landscaping, footpath network and road access from McCrae Boulevard. The

cost of this development is estimated to be $16,150,000 (See

Attachment 2

). However,

due to the cultural heritage of the site, could escalate to an estimate of $17,700,000 or

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more. Unfortunately, with the current level of site complexity and uncertainty, officers

cannot provide an upper limit to the potential cost of the Project.

The Project has had only one confirmed potential funding opportunity, being Sport and

Recreation Victoria’s Local Sports Infrastructure Fund, with an application currently

submitted for $300,000. The Grant, whilst welcome, would cover only a very small

portion of the project cost, if Council were successful with its application. This is also a

highly competitive grant program with limited funding available, with the complexities

around native grasses and cultural heritage likely to make this a less attractive project to

fund. As such, the majority it not all funding for the project will be required from

Council’s Annual Capital Works budget. Given that costs are now significantly higher than

anticipated when initially approved by Council, and with the upper limit currently

unknown, Council would be required to reallocate fund in future years Capital Works

Program for this Project, which would necessarily be at the expense of other high priority

projects.

From a cost benefit perspective, if Council were to proceed with the Project, this

investment will provide for one winter tenant and one summer tenant. Officers note an

investment of this level (circa $17M) at other sites identified in the Sports Facility

Development Plan, could deliver 4-5 new sportsgrounds and provide significantly greater

benefits for the community.

The new sportsground priority order (in the adopted Sports Development Plan) includes,

Keilor Park Reserve, new synthetics in the South, outdoor netball courts, Sassella Park

Pitch 1 Deer Park, Keilor Lodge Pitch 4 Taylors Lakes with an expected cost of

$15,000,000 to deliver all 5 facilities, which officers believe would benefit the wider

Brimbank community.

The current Project site at Green Gully has no current infrastructure and requires a

complete redevelopment; whereas the alternative priority sites identified in the Sports

Facility Development Plan are project ready and do not have any significant overlays that

would prevent future development.

Options

Option A (Recommended)

A. Upon a thorough analysis and careful consideration, the Project does not

proceed due to financial constraints and extensive feasibility issues, resulting in

significant delays. Noting that there may be some future community use of the

site, and that this future use can be referred to Council’s Creating Better Parks

Open Space and Playground Policy and Plan for consideration. Noting also

however that the Design Development stage of this project is complete, and a

cost plan has been developed, and Preliminary Contract Documentation has

commenced (Architectural only), with base documentation created; this would

provide the basis for the project to be revisited in future if deemed necessary

and good value.

Option B (Not recommended)

B. Proceed with planning for the Project, be undertaking the second phase of

archaeological fieldwork, noting that should additional cultural heritage items be

discovered, subsequent phases of excavation will be required, extending the

process by at least 12-18 months or more and increasing costs. Noting also that

if there is a discovery of critical artefacts, salvage treatments and

recommendations would be made, which would impact construction

commencement, which would be delayed until April 2025 or later; there is also

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potential for these recommendations to have considerable impact on the ability

to deliver the proposed Stage 2 in this precinct. If Council determined to

proceed with the Project, cognisant of the various risks outlined in this report,

the project contract documentation would be completed, with a further cost

increase reflected in the Design Consultant Contract.

Implementation

Option 1 – Not proceed

Based on Council decision to proceed with Option 1, Council will formalise the Deed of

Termination and Release with the Design Consultant, eliminating any further design

costs and cease CHMP investigations.

Communications with relevant stakeholders and the broader community will take place

to explain the decision not to proceed.

Given the complexity of Green Gully Reserve regarding its environmental and cultural

values and its size, making improvements will require time and careful consideration;

this will be guided by the Green Gully Northern Precinct Master Plan. To date there have

been delays and budget constraints in delivering on elements of the Master Plan;

however detailed design and Cost Plan C (Design Development Stage) has been

completed. Preliminary Contract Documentation (architectural only) has commenced so

that it can be ready if Council make a decision to proceed with the project (subject to

design consultants contract fee being revised to reflect the project budget increase).

Option 2 - Proceed

On the basis of Council decision to proceed with Option 2 and based on the current

information and advice received to date, the completion of the CHMP due to the many

variables and a salvage type process could push the timelines out as follows:



Next phase of Archaeological fieldwork

April 2024



CHMP process thereafter, based on a 9 month period

January 2024



RAP determines salvage required, additional 12 months

December 2025



Construction commences**

April 2026

**Assumes the Tender and Tender evaluation process occurs during the CHMP or

salvage process.

Note: The timelines may change if there are unforeseen delays in the CHMP process, and

any decision to tender the project would need to be reviewed/re-evaluated.

If Council decided to support this option and proceed with further archaeological work

and the CHMP process in 2024/25, officers would need to budget for this work in

2024/25 and this would require an amendment to the draft 2024/25 Capital Works

Program; this would necessarily be at the expense of other projects currently listed in

the draft 2024/25 Capital Works Program.

In addition, a variation of $388,876.40 excluding GST would be required for Contract No.

21/430211 Design and Consultancy Contract due to the revised project budget. It is

highly likely that this Contract will continue to increase in costs as the design and

investigations progress leading to further variations required.

Green Gully Reserve Northern Precinct Enhancement Plan - Stage 2

The Green Gully Site includes an additional land parcel designated for potential future

development, pending further investigations and approvals. However, given the

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prolonged and intricate approval processes endured, such as securing Commonwealth

and State native grass approvals and obtaining cultural heritage approval, coupled with

the future development area being situated within a high voltage electricity power line

easement, its development potential is significantly constrained. And whilst the costs to

achieve sporting use is unknown, based on current knowledge is likely to be significant

(assuming approvals can be received), and poor value for money.

During the initial Stage 1 consultation process with Department of Energy, Environment

and Climate Action (DEECA), the scope of native grass removal was reduced by over

4,000m2 and it is expected that there would not be support for the removal of the

remaining native grass located in Stage 2; and if approval was received, it would come

at a substantial cost, given that suited sites are scarce for Commonwealth protected

native grasses.

Expert advice has indicated that due to the location of the future playing fields being

within the ‘area of cultural heritage sensitivity’, and over an existing ‘Heritage Place’, a

new Cultural Heritage Management Plan for Stage 2 would be required. With artefacts

found within the proposed development area (existing heritage Place), the likelihood of

finding further artefacts is increased.

Stage 2 includes an overhead transmission easement making it challenging for an

additional competition sportsground due to the overhead restrictions that will restrict the

optimum location of floodlighting. Without being able to achieve optimum levels of

lighting, this site would likely restrict any future sportsground be training grounds only.

Considering these limitations, particularly in floodlighting installation and the need to

navigate extensive approval processes including a new Planning permit, the viability of

the future development option of Stage 2 appears to be increasingly untenable.

Alternative Use

The Master Plan includes existing Council strategies, policies and plans and frameworks

were reviewed and considered in the development of this Project. The key documents

that have influenced the development of the project include, Sports Facility Development

2018, Cycling and Walking Strategy, Creating Better Parks Policy and Plan, Urban Forest

Strategy, Biodiversity Strategy, Habitat Connectivity Plan, ESD Framework and

Sustainable Water Management Strategy.

Subject to Council agreeing with the recommendation not to proceed with the Pavilion

and Sportsground project in this location, future alternative use of the site would be

referred to Councils’ Creating Better Parks Open Space and Playground Policy and Plan

(CBP) for consideration.

Community Engagement

During the development of the Green Gully Northern Precinct Enhancement Plan,

extensive consultation with the community and key internal stakeholders was carried

out.

Council will continue to engage with stakeholders and the community to inform the

future use of the site following Council’s decision if the recommended option is adopted.

Communications with the community will take place following Council’s decision on this

matter via Council’s website and other methods as appropriate.

The Project is at high risk, of significant delays and uncontrollable cost escalations. If

Council accept officers' recommendation not to proceed, officers will inform stakeholders

and the broader community of the decision and rationale; if the recommended option is

not endorsed Council will provide status updates via Council’s website to ensure the

Community is kept informed of the Project progress.

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Resource And Risk Implications

The resources required for current planning and design can be met within the Annual

Budget 2023/2024, however noting that Option 2 would have a significant impact on

multiple years budgets and a direct impact on the ability to deliver prioritised projects.

Refer to

Confidential Attachment 2

for project financials.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - The Sports Facility Development Plan identifies that additional sports facilities are

required in order to meet current and future demand. However, there would be

substantially more community benefit from investing the likely cost of proceeding with

the sports facilities at Green Gully Reserve, in other high priority sportsground projects

at other sites. It is highly likely that investing upwards of $16-17M for one winter and

one summer tenant would not be considered by many in the community as a wise

investment of Council funds.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes - Environmental investigations have been undertaken to provide Council with a

clear understanding of the site and the required actions to develop the site. These

investigations have revealed the site has high native flora and cultural heritage values

that is resulting in it being a very complex site for development for sports facilities.

Financial:

significant financial impacts

• Yes – If the project were to proceed, it will require additional funding in future years

over the allocated and approved budget of $9,950,000.00. The cost estimate at this

stage, whilst still not finalised is currently approximately $16,150,000, with the potential

for the project cost to be $17,700,000 or more. On that basis, officers’ advice is the

project represents a financial risk and does not represent good value for money.

This report addresses the financial risks with this project and endorsement of Officer

Recommendation outlines that Council is managing its budgets in a sustainable and

responsible manner and look to invest in sites less complex resulting in a better outcome

for the community.

There are no regulatory or safety implications of note.

Legislation/Council Plan/Policy Context

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

1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

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 Council Plan 2021-2025, Community Vision 2040, Sports

Facility Development Plan 2018, Creating Better Parks Policy and Plan 2016, Sustainable

Water Management Strategy 2013-2023, Community Services and Infrastructure Plan

2018 and Cycling and Walking Strategy 2016.

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

conflicts of interests to declare.

Motion

Moved Cr Bruce Lancashire/Seconded Cr Virginia Tachos

That Council:

a. Proceeds with planning for the Green Gully Reserve - Northern Precinct

Enhancement Plan (the Project) which will involve undertaking the second phase

of archaeological fieldwork in 2024-2025, noting that this will require an

amendment to the draft 2024/25 Capital Works Program.

b. Notes that subsequent to the investigations carried out in 2024/2025, Council

Officers will provide a report back to Council.

LOST

For:

Cr Maria Kerr, Cr Bruce Lancashire and Cr Virginia Tachos.

Against:

Cr Victoria Borg, Cr Sarah Branton, Cr Thuy Dang, Cr Sam David, Cr Jasmine

Nguyen, Cr Thomas O’Reilly and Cr Jae Papalia

Abstained:

Nil.

LOST

Resolution

Moved Cr Jasmine Nguyen/ Seconded Cr Sam David

That Council:

a. Notes the status update on Green Gully Reserve Northern Precinct

Enhancement Plan.

b. 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;

c. After considering the options available for development of the Green

Gully site, and noting the known complexities and uncertainty about the

ability to proceed, the uncertainty of the full costs to deliver the project

at this site, and the relatively poor value for money represented by this

project, determines not to proceed with the planned sports facilities at

the site;

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d. Subject to the decision not to proceed with the planned sports facilities

at the site, refers the site to the upcoming Creating Better Parks Open

Space and Playground Policy and Plan update to determine the most

suitable informal use of the site in future.

CARRIED

For:

Cr Victoria Borg, Cr Sarah Branton, Cr Thuy Dang, Cr Sam David, Cr Jasmine

Nguyen and Cr Jae Papalia.

Against:

Cr Maria Kerr, Cr Bruce Lancashire and Cr Virginia Tachos.

Abstained:

Nil.

CARRIED

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12.12

Proposed Additional Accessible Parking In Front Of Brimbank Community & Civic Centre

12.12

Proposed Additional Accessible Parking in front of

Brimbank Community & Civic Centre

Directorate

Infrastructure and City Services

Director

Chris Leivers

Manager

Adrian Ashford

Attachment(s)

Nil

Purpose

To provide a report in response to the Notice of Motion adopted at the Council meeting

of 17 October 2023, seeking advice on the feasibility, costing and options for the

redesignation of the existing parking bays at the entrance to the Brimbank Community

and Civic Centre (BCCC) to accommodate an additional accessible parking bay.

Officer Recommendation

That Council:

a. Notes this report has been provided in response to a Notice of Motion endorsed

by Council in October 2023;

b. Notes the findings of the feasibility, costings and options report;

c. Endorses Option C in this report, which would retain the existing parking bays

along Hampshire Road (comprising of one accessible bay and two short term

parking bays).

Background

This report has been drafted in response to a Notice of Motion adopted at the Council

meeting of 17 October 2023.

The Brimbank Disability Advisory Committee (DAC) has been established to provide

input and advice to Council and to champion accessibility and inclusivity for people with

disability. The DAC has advocated for additional accessible parking at the entrance to the

Brimbank Community and Civic Centre (BCCC).

As part of the construction of the BCCC (opened in July 2016), three parking bays were

provided along Hampshire Road to provide short term parking (15 minutes) and

opportunities for loading and unloading.

Since the opening of the BCCC, people with a disability have raised concerns at the lack

of parking at the entrance. In November 2016, one of the car parking bays along

Hampshire Road (outside the BCCC) was converted to an accessible car parking bay and

additional accessible car parking bays were constructed outside Visy Hub.

On 12 September 2023, DAC members encountered misuse and disregard for the

existing accessible bay, creating a barrier for people with a disability wanting to enter

the building. This is an ongoing issue that has been raised at previous DAC and

Brimbank Disability Network Group meetings.

At Council’s meeting held on October 17, 2023, the following motion was moved:

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Matters for Consideration

Options

A. Convert one existing short term car parking bay to an accessible car parking

bay. This would allow for two accessible car parking bays and one short term

parking bay. To accommodate these works, modifications to the kerbing and

streetscape along Hampshire Road would be required as the parking bays would

need to be widened to comply with the Australian Standards. The existing

accessible car parking bay would also be required to be modified as it currently

does not comply with the Australian standards. The cost estimate for this option

is $85,000.

B. The existing short term parking bays (x2) are converted to accessible car

parking bays. This would require modifications to the kerbing and streetscape as

the parking bays would need to be widened to comply with the Australian

Standards. The existing accessible bay would also need to be modified as it

currently does not comply with the Australian standards. This would result in

three accessible car parking bays with no provisions for short term parking for

members of the community who are not a holder of a disabled parking permit.

The cost estimate for this option is $100,000.

C. Existing parking bays along Hampshire Road (comprising of one accessible bay

and two short term parking bays) remain as they are, with enforcement to

ensure appropriate use. The current parking conditions allow for short term

parking for members of the community to access the BCCC and library while

also providing a parking space for someone with a disability. Holders of a

disabled parking permit are permitted to park for longer periods within the

short-term parking bays. There is no additional cost for this option.

Analysis

As part of the construction of the BCCC, three parking bays were constructed along

Hampshire Road to provide short term parking opportunities for members of the

community accessing the BCCC and Library. In November 2016, one car parking bay

was converted to an accessible car parking bay to allow for parking opportunities for

people with a disability. As part of these works, additional accessible parking spaces

were also constructed outside Visy Hub.

There are currently eight accessible carparks within close proximity of the BCCC and

further accessible car parking bays in the shopping precinct. A Parking Occupancy survey

from 2019 for the Sunshine Town Centre showed that the occupancy rate for disabled

bays was 74% across the Centre.

Anecdotal evidence suggests there is high demand for short term parking in this location

and that these parks are highly valued by those accessing shops and services in the

area, including by members of the community with mobility issues that do not have a

permit to park in bays designated as disabled parking.

Council officers have undertaken a feasibility costings and options study for the

conversion of the existing car parking bays to allow for an additional accessible car

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parking bay. To ensure the accessible car parking bay is constructed in accordance with

the Australian standards, the street furniture along Hampshire Road would need to be

removed to allow for the parking bay to be widened and the pram ramps constructed.

The existing accessible car parking bay would also be required to be upgraded to the

current Australian Standards. In addition, service relocation works would be required to

accommodate the installation of the accessible car parking bays.

The cost to convert one short term car parking bay, upgrade the existing accessible car

parking bay and associated works is estimated at $85,000, resulting in two accessible

car parking bays and one short term car parking bay.

As part of the study, an alternative option was considered where the existing two short

term car parking bays are converted to accessible car parking bays. This would result in

three accessible car parking bays, limiting the car parking outside the BCCC to only

disabled parking permit holders. The cost to undertake these works is estimated at

$100,000.

The third option is for the car parking arrangement to remain as it is, which provides one

accessible car parking bay and two short term car parking bays. Note, Disabled parking

permit holders are permitted to stay for longer durations within the short-term car

parking bays.

Implementation

Given the estimated $85,000 cost of converting one short term parking bay to disabled

parking, or $100,000 to convert two short-term parking bays to accessible parking bays,

and noting there seems to be sufficient disabled parking bays in the Sunshine Town

Centre to accommodate the demand at most times, it is recommended that the existing

parking restrictions remain.

Community Engagement

Report back to the DAC and Brimbank Disability Network Group meeting with the

outcome of the Council decision.

Resource And Risk Implications

No additional resources are required.

Community:

Ongoing concerns from DCA due to lack of accessible car parking outside

the BCCC if an additional accessible car parking bay is not provided.

There are no Environmental, Financial, Regulatory or Safety impacts.

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

.

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

conflicts of interests to declare.

Resolution

Moved Cr Maria Kerr /Seconded Cr Thomas O'Reilly

That Council defers item 12.12 Proposed Additional Accessible Parking in front

of Brimbank Community & Civic Centre, to be considered at the next practicable

Council Meeting.

CARRIED

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12.13

Municipal Maintenance Agreement (Department Of Transport Formerly Vicroads)

12.13

Municipal Maintenance Agreement (Department of

Transport formerly VicRoads)

Directorate

Infrastructure and City Services

Director

Chris Leivers

Manager

Tom Razmovski

Attachment(s)

Nil

Purpose

For Council to consider the cost and implications of maintaining the Department of

Transport and Planning (formerly VicRoads) assets; and seek an increased contribution

for the maintenance responsibilities on various Urban Arterial Roads included in the

Municipal Maintenance Agreement between the Department of Transport and Planning,

formerly VicRoads and Brimbank City Council.

Officer Recommendation

That Council:

a. Requests the CEO to write to the Secretary of the Department of Transport staff

seeking an increased contribution towards the upkeep of various arterial roads

included in the Municipal Maintenance Agreement between the Department of

Transport and Planning and Brimbank City Council, requesting a response be

provided before 30 June 2024.

b. Writes to the Hon. Minister Roads and Road Safety, and local members (State

Government) seeking an increased contribution towards the upkeep of various

arterial roads included in the Municipal Maintenance Agreement between the

Department of Transport and Planning and Brimbank City Council, requesting a

response be provided before 30 June 2024.

c. Receive a further report detailing the responses from senior Department of

Transport and Planning staff, Hon. Minister for Roads and Road Safety, Secretary

of the Department of Transport and local members (State Government), and

officer advice in response.

Background

In 2014, Brimbank Council entered into a Municipal Maintenance Agreement (MMA) with

VicRoads (now Department of Transport and Planning) whereby Council took over

specified maintenance responsibility (mainly grass cutting and associated works) for

those parts of the Urban Arterial Road Network (mainly medians) for which DTP is the

Responsible Road Authority. Around the same time, other councils where also entering

these MMAs for similar reasons.

The MMA covers Urban Arterial Roads north of Ballarat Road, while Urban Arterial Roads

south of Ballarat Road continue to be maintained by DTP’s contractor Ventia (formerly

Broad Spectrum).

In summary the MMA requires Council to provide all labour, plant/ equipment, traffic

management, etc. to undertake the following activities:



Grass Mowing;

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

Edge Trimming;



Grass and Weed Control;



Tree and Shrub Management;



Noxious Weed Control; and



Litter Control.

Council’s delivery against the MMA has improved the presentation and appearance of

these roads by delivering a higher level of service because Parks Services has delivered

a more frequent and higher quality service than was otherwise being provided by DTP.

The DTP service specification for this work, captured within the MMA, only requires 3-4

cuts per year, whereas Council aims to provide around 12 cuts per site per year in line

with the level of maintenance it provides in the areas ‘behind the back of kerb’ where

Council has maintenance obligations as the Responsible Road Authority.

Council’s current total annual spend to deliver the MMA is around $475,000 (excl. GST)

and DTP currently contributes around $109,090 (excl. GST), leaving a net cost to Council

of around $355,000 (excl. GST). With increases to relevant service Contracts, this

difference is likely to increase in coming years if there is no change.

Over the period since this agreement was signed, and in response to fatalities and ‘near

misses’ elsewhere on the DTP road network, DTP has acted to mitigate the risks

associated with the traffic management arrangements being adopted for works on the

DPT road network. These measures include:



A more robust works approvals process;



Placing restrictions on the spread of hours during which works are permitted,

including a requirement for certain works to be done of an evening;



The nomination of DTP ‘prequalified’ traffic management service providers to

provide traffic management for works on the DTP road network, including all

applications for approvals and Memorandums of Authorisation; and



DTP no longer deals directly with councils in relation to these approvals.

These improvements have improved safety but have also added significantly to Council’s

costs to deliver the MMA. However, while the payment received by Council from DTP is

indexed annually, the MMA makes no provision for these additional costs to Council.

Under similar increasing cost pressures, some councils who have these MMAs with DTP

have made a conscious decision to stop maintaining these DTP assets, handing them

back to DTP to manage, along with any complaints and service requests received from

the community.

Matters for Consideration

Analysis

Roles and Responsibilities under the

Notwithstanding the MMA Council has with DTP to maintain parts of the Urban Arterial

Road Network for which VicRoads is the Responsible Road Authority (under the

), Council is likewise the Responsible Road Authority, and has

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maintenance responsibilities, for the areas within the road reserve either side of the

through carriageways (the diagram below describes this arrangement).

For certainty, it should be noted, the area that Council maintains on behalf of DTP, which

is the subject of this report, is the median, and is within the area identified as VicRoads

responsibility under the RMA.

Municipal Maintenance Agreement

Council first signed a Municipal Maintenance Agreement (MMA) to maintain DTP assets in

2014. This has been renewed several times, with the last Agreement signed in 2020. This

Agreement remains in place unless varied by one of the parties to the Agreement.

The level of service provided for by DTP under the MMA (being 3-4 cuts per year) does

not meet community expectations. Council has intervened to provide what it believes is

an acceptable level of service. There is a risk that Council retaining responsibility for the

maintenance of DTP assets but reducing the frequency of service and simply delivering

according to the MMA schedule, would leave Council open to criticism for not sufficiently

maintaining amenity – on that basis, this approach is not recommended.

The following schedule of roads forms part of the signed MMA between DTP and

Brimbank City Council:



Furlong Road



Keilor Park Drive



Keilor-Derrimut Road



Keilor-Melton Road



Kings Road



Main Road



McIntyre Road



Melrose Drive



Melton Highway



Sharps Road



St Albans Road



Sunshine Avenue



Federation Trail

NOTE: This is not a complete list of the Urban Arterial Roads within the municipality of

Brimbank. It is a list of the Urban Arterial Roads which forms part of the signed MMA

between DTP and Brimbank City Council.

The MMA is not the only agreement Brimbank has with DTP regarding maintenance on

Urban Arterial Roads. There are numerous other agreements in respect of Council’s

urban design type projects such as gateway landscaping, roundabouts, etc. These

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arrangements are separate to the MMA, there is no changes proposed to these

arrangements at this stage.

Traffic Management and the Approvals Process

The DTP is the Coordinating Road Authority for the Urban Arterial Network and as such is

responsible for the safety of road users. It is therefore DTPs statutory prerogative to

introduce policies and procedures around who undertakes traffic management on its

roads and the conditions attached to this activity.

One such requirement is that any application to the DTP for the approval to undertake

traffic management can only be made by a DTP ‘prequalified’ traffic management service

provider. A list of these providers is published on the DTP website.

Notwithstanding that Brimbank has its own traffic management powers and duties, it is

not a DTP ‘prequalified’ service provider in this space. Therefore, Brimbank uses an

accredited and ‘prequalified’ traffic management company to provide this service, at a

cost.

The roads Brimbank Council maintains on behalf of DTP require significant traffic

management, as a condition of the MMA, and to ensure safety of those performing the

works. This contributes to the complexity and cost of maintaining these roads on behalf

of DTP.

Restrictions on Hours of Work

The MMA includes a condition that no work shall be carried out on the Site outside the

period between 7.00 a.m. or sunrise, whichever is the later, and 6.00 p.m. or sunset,

whichever is the earlier. However, an overriding requirement for all sites is the need for

a DTP approved Memorandum of Agreement (MOA) to undertake works on each site.

The MOA approval generally is provided for a 12-month period.

Currently, the DTP restricts mowing and other associated landscape maintenance on

Urban Arterial Roads to generally between the hours 9.30am and 2.30pm (Monday to

Friday). This requirement is not ideal for Council in terms of facilitating productivity

and/or efficiency.

Furthermore, DTP is now hesitant to grant approvals for certain works (where the DTP

deems it unsafe to impede traffic) to be carried out during normal working hours. In

these instances, works can only be carried in the evening between 8pm and 4am. At

this stage no roads on the MMA are impacted by this requirement.

Advice from Department of Transport and Planning, formerly VicRoads (DTP)

In October 2023, senior staff at the DTP advised Council officers that there would be no

additional funding for an increased maintenance response (at least in the next 2 financial

years), and that if Council did not wish to continue under the current arrangements, the

agreement could be terminated, resulting in Council handing back the maintenance

responsibilities. The DTP further advised that their maintenance response prioritised risk

mitigation, rather than amenity.

Termination Clause

The MMA includes a termination provision that either party may, in its sole and

unfettered discretion, terminate the Agreement upon giving the other party six month’s

written notice.

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DTP Contractor Maintenance south of Ballarat Road

The standard of maintenance provided by DTP’s contractors south of Ballarat Road

(which are the responsibility of DTP) is considered satisfactory. Council has received

significantly less service requests (relating to long grass and litter) for roads maintained

by contractors on behalf of DTP on arterial roads south of Ballarat Road, than for the

arterial roads maintained by Council on behalf of DTP for arterial roads north of Ballarat

Road (204 compared to 88 for the last 2 years).

It should be noted that the length of arterial roads to the north is significantly higher in

comparison to the south; however proportionally the number of service request received

is higher for the north than the south of Ballarat Road. This appears to indicate the

contractors engaged by DTP are maintaining these roads to an acceptable standard.

Other council's

Several other councils with similar MMAs have made the decision to hand back the

maintenance responsibilities back to the DTP due to the cost/benefit inadequacies of the

current agreements. Officers understand a number of other Councils are considering

taking similar action.

Financial Impacts and Risks

The following cost estimates relates specifically to delivering the Municipal Maintenance

Agreement:

Wages

$ 150,000

Plant & Equipment

$ 55,000

Traffic Management

$ 240,000

Edging (4 cuts annually)

$ 30,000

Annual Total Spend

$475,000

Less Income (DTP Contribution)

($109,090)

Net Estimated Annual Total Spend

$365,910

Notwithstanding the costs associated with delivering the MMA, Council also spends

around $775,000 annually on roadside maintenance (grass cutting and associated

works) including roadside maintenance on that part of the Urban Arterial Road Network

for which Brimbank has maintenance responsibilities as the Responsible Road Authority.

There would be no change to this responsibility if Council handed back responsibility for

maintaining the DTP assets covered under the MMA.

Implementation

Subject to Council approval, correspondence would be sent to senior Department of

Transport and Planning staff, Hon. Minister for Transport and Infrastructure, Secretary of

the Department of Transport and local members (State Government) with a request for

Brimbank Council to receive an additional contribution to the upkeep of various arterial

roads included in the Municipal Maintenance Agreement between the Department of

Transport and Planning and Brimbank City Council.

Council officers propose to draft a subsequent report to Council detailing the responses

(if any) and proposed next steps.

Community Engagement

Consultation in relation to the Municipal Maintenance Agreement was undertaken with

relevant Council officers to ensure the maintenance requirements meet community

needs and expectations.

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Resource And Risk Implications

Council currently contributes an additional net cost of around $355,000 (excl. GST) to

achieve a desired standard of maintenance for the arterial network north of Ballarat

Road. It is anticipated this additional contribution is likely to increase in coming years.

The works associated with the Municipal Maintenance Agreement are currently part of

the Parks and Public Realm Operational Program approved by Council as part of the

Annual Budget process.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – Potential complaints and service requests, where maintenance standards do not

meet community expectations.

Financial:

significant financial impacts

• Yes - Budget expenditure is from Council funding; the Operational budget is subject to

Council approval.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – The Municipal Maintenance Agreement transfers specified maintenance

responsibilities for those parts of the Urban Arterial Road Network to Council for which

DTP is the Responsible Road Authority.

Safety

: health, safety or duty of care impacts

• Yes – Works carried out as part of the Municipal Maintenance Agreement are required

to maintain sites to required safety standards, including appropriate traffic management.

There are no Environmental 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

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 Council’s Road Management Plan and

through a Municipal Maintenance Agreement that transfers

specified maintenance responsibilities for those parts of the Urban Arterial Road Network

to Council for which the Department of Transport and Planning is the Responsible Road

Authority.

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

conflicts of interests to declare.

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Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Virginia Tachos

That Council:

a. Requests the CEO to write to the Secretary of the Department of

Transport staff seeking an increased contribution towards the upkeep of

various arterial roads included in the Municipal Maintenance Agreement

between the Department of Transport and Planning and Brimbank City

Council, requesting a response be provided before 30 June 2024.

b. Writes to the Hon. Minister Roads and Road Safety, and local members

(State Government) seeking an increased contribution towards the

upkeep of various arterial roads included in the Municipal Maintenance

Agreement between the Department of Transport and Planning and

Brimbank City Council, requesting a response be provided before 30 June

2024.

c. Receive a further report detailing the responses from senior Department

of Transport and Planning staff, Hon. Minister for Roads and Road Safety,

Secretary of the Department of Transport and local members (State

Government), and officer advice in response.

CARRIED

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12.14

Final Draft Alfrieda Street Public Realm Master Plan

12.14

Final Draft Alfrieda Street Public Realm Master Plan

Directorate

Infrastructure and City Services

Director

Chris Leivers

Manager

Lisa Davis

Attachment(s)

1. Draft Alfrieda Street Public Realm Master Plan Revised

Following Feedback March 2024 [

12.14.1

- 38 pages]

2. Draft Alfrieda Street Public Realm Master Plan

Respondent Feedback Summary [

12.14.2

- 5 pages]

Purpose

For Council to consider adopting the Final Draft Alfrieda Street Public Realm Master Plan

(the Final Draft ASPRMP), at

Attachment 1

.

Officer Recommendation

That Council:

a. Having considered feedback received as part of the consultation process for the

draft Alfrieda Street Public Realm Master Plan, adopts the Final Draft Alfrieda

Street Public Realm Master Plan, at Attachment 1.

b. Notes the intent to, as far as practicable within site conditions, create footpath

widths that are of approximately equal size on both sides of Alfrieda Street within

the Civic Walk section.

c. Consider funding for implementation of the Final Draft Alfrieda Street Public

Realm Master Plan in future budget processes.

d. Writes to St Albans Business Association thanking them for their feedback on the

draft Alfrieda Street Public Realm Master Plan and advising of Council’s decision.

Background

The Draft ASPRMP is a strategic document outlining the future direction for the main

street of the St Albans Activity Centre. St Albans is situated within the Sunshine National

Employment and Innovation Cluster (SNEIC) and Alfrieda Street is positioned to become

a vital community hub.

This Final Draft ASPRMP has been developed over the past three years, with input from

local businesses, industry, and residents, to guide the future of Alfrieda Street so that it

supports local economic growth, enhances public spaces, and improves connectivity.

The Final Draft ASPRMP encompasses the streetscape from Main Road West to Taylors

Road and identifies three distinctive zones: The Civic Walk, covering the shopping strip

within the activity centre, and the Nature and Neighbourhood Walks, situated within the

residential areas, each possessing a unique typology.

The development of the Final Draft ASPRMP is an action (7.4.1) in the Go St Albans Plan

2019-2024:

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

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Maria Kerr

That Council:

a. Approves extension of Contract No. 21/2994 - Graffiti Removal and

Inspection Services to Calcorp Services Pty Ltd for an additional two-year

period to 8 May 2026, based on the tendered Lump Sum Component and

Schedule of Rates.

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b. Authorises extension of Contract No. 21/2994 - Graffiti Removal and

Inspection Services to be signed.

CARRIED