Council Minutes - Section B: Reports - 2 February 2021

Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Notice of Motion

Reports tabled at the Ordinary Meeting of Council on Tuesday date held at the Council Conference and Reception Centre in City Hall, 57 Little Malop Street, Geelong.


  1. Council Submission to the Surf Coast Distinctive Area and Landscape – Phase 3 Public Consultation

  2. Central Geelong Marketing – Intention to Declare Special Rate

  3. 2021 SRV Community Grant Program - Cricket

  4. Powercor Lease – Substation Site 137-149 Mercer Street, Geelong

  5. Adopt the Sustainability Policy and Update of the Sustainability Advisory Committee

  6. Council to Staff Delegation

  7. Planning Authorisation – Council to Staff

  8. Revocation of Flood-Prone Area Designation of New Lots at Armstrong Waters Estate, Stage 7

  9. 2020-21 Grants – Community Infrastructure Confidential


CouncillorKontelj declared a Conflict of Interest in Agenda Item 1, Council Submission to the Surf Coast Distinctive Area and Landscape – Phase 3 Public Consultation, in that an interested party is a customer of the business of which he is a Director. Councillor Kontelj left the meeting room prior to discussion at 6:47pm.


1. Council Submission to the Surf Coast Distinctive Area and Landscape – Phase 3 Public Consultation

Source:

Planning, Design & Development – Strategic Planning

Director:

Gareth Smith


Purpose

  1. To seek endorsement of the Council’s submission (Attachment 2) to the draft Statement of Planning Policy prepared for the Surf Coast Distinctive Area and Landscape to the Standing Advisory Committee appointed by the Minister for Planning.


Background

  1. In September 2019 the Surf Coast was declared a Distinctive Area and Landscape (DAL). The declaration triggers the preparation of a Statement of Planning Policy (SPP) which is being led by the Department of Environment, Land, Water & Planning (DELWP).

  2. The declaration area includes areas within the Greater Geelong municipality: Mount Duneed (south of the Armstrong Creek growth area) and Breamlea (Attachment 3).

  3. The Greater Geelong City Council is a ‘Registered Public Entity’ (RPE) under the DAL legislation. It must be consulted in the preparation of the SPP.

  4. The final SPP will provide guidance for RPEs on the management and protection of the area.

  5. RPEs must not act inconsistently with a binding provision in the SPP and must have regard to the SPP when developing or implementing policies or programs within the declared area.

  6. Landholders in the Mount Duneed area were concerned with the transparency of the declaration process.

  7. On 10 December 2019 Council resolved that it did not support the inclusion of the area north of Mount Duneed Road (within the City of Greater Geelong) within the Surf Coast DAL declaration area and that Council would write to the Minister for Planning.

  8. The Minister responded on 23 February 2020 noting the Council’s position and outlining the process going forward. The Mount Duneed area was not removed from the declared area.


Key Matters

  1. Officers generally support the draft SPP subject to the consideration of matters that effect the Greater Geelong municipality as outlined in the submission (Attachment 2).

  2. Submissions will be considered by the Distinctive Area and Landscape Standing Advisory Committee who will provide an independent report to the Minister for Planning.

  3. The final Surf Coast SPP must be considered by all RPEs for endorsement.

Councillor Grzybek moved, Councillor Harwood seconded -

  1. That Council:

    1. Endorse the submission (Attachment 2) to the draft Surf Coast Planning Policy Statement being forwarded to the Distinctive Area and Landscape Standing Advisory Committee for consideration.

Carried.


Attachment 1

Financial Implications

  1. There is no cost associated with making a submission and presenting to the Advisory Panel beyond Officer preparation and presentation time.

  2. DELWP will run the planning scheme amendment process to implement the SPP into the planning scheme.

  3. The further work identified within the SPP to undertake a boundary review is supported in the current budget.

  4. Once implemented there will be no ongoing or additional operational costs.


Community Engagement

  1. DELWP have been responsible for the community engagement on this project. This has included local media releases, public workshops, online information sessions and written notice to affected landholders:

    1. Phase 1: Public Engagement - understanding the environment, landscape and lifestyle values the community want to protect (14 May 2019 - 14 June 2019);

    2. Phase 2: Public Engagement - feedback was sought on a draft vision statement and potential policy approaches to inform the draft SPP (18 October 2019 - 15 November 2019); and

    3. Phase 3: Public Consultation - consultation on draft SPP and proposed landscape planning controls public submissions (19 November 2020 - 22 January 2021).

  2. DELWP held a special meeting for Mount Duneed land holders on in November 2019 to discuss the project, take questions and hear from landholders.

  3. The community can also participate in the Standing Advisory Committee Panel in early 2021.


Social Equity Considerations

  1. There are no social equity implications.


Policy/Legal/Statutory Implications

  1. The draft SPP will need to be finalised and the Council must consider its endorsement. The SPP will form part of the Greater Geelong planning scheme and will need to be considered by all RPEs when making planning or land management decisions within the declared area.


Alignment to Council Plan

  1. The draft SPP aligns with the Planned Sustainable Development strategic priority within the Council Plan. It will support managing the impact of development on the unique character of our townships and preserving nature reserves, rural and coastal environments.


Conflict of Interest

  1. No Council officers involved in the development of the strategy and preparation of the report have a general or material interest in the issue to which this report relates.


Risk Assessment

  1. Participation in the submissions and Panel process for the Surf Coast DAL will ensure the City’s views are known and considered when the draft SPP is finalised.


Environmental Implications

  1. The draft SPP incorporates the United Nations Sustainable Development Goals. The policy domains address: environment and biodiversity, environmental risks and resilience, landscape significance, and natural resources and productive land of significance.

Councillor Kontelj declared a Conflict of Interest in Agenda Item 2, Central Geelong Marketing – Intention to Declare Special Rate, in that he owns a property in the CBD which attracts and is impacted by the Central Geelong Marketing levy. Councillor Kontelj left the meeting room prior to discussion at 6:47pm.


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2. Central Geelong Marketing – Intention to Declare Special Rate

Source:

Economy, Investment & Attraction – Central Geelong & Waterfront

Acting Director:

Tim Ellis


Purpose

  1. To commence the statutory process to renew the Central Geelong Special Rate and Charge Scheme, for the 1 July 2021 to 30 June 2026 period, for the purpose of marketing, promotion and business development of the Central Geelong CBD.


Background

  1. Central Geelong Marketing (CGM) has provided a placemaking function in Central Geelong through marketing, activation, business development and events throughout Central Geelong since 2001 via the Central Geelong Special Rate. The Committee, made up of 14 business and stakeholder representatives, fully supports the continuation of the program.

  2. The award-winning activities of CGM have consistently demonstrated considerable economic, social and strategic benefit for the Central Geelong business community and the wider municipality who work, study, shop, dine, visit professional services and spend leisure time in Central Geelong. The CGM program has provided an average return on investment of $15.90 for every $1 invested within the current special rate period.

  3. The Geelong CBD Engagement Task Force Findings Report tabled at the Ordinary Council Meeting on 21 September 2020 indicated general support for the services delivered by the but felt the program also provided broad benefits to the entire Greater Geelong municipality and that the costs related to the delivery of the program should not be borne by the Central Geelong businesses and property.

  4. Supporting a vibrant, ever growing CBD and assisting business recovery for those sectors hit hardest by COVID-19 is critical to region’s ongoing success. There were approximately 54% of Central Geelong businesses closed during April 2020 with only 13% indicating they were trading as normal. Approximately 92% of the businesses in Central Geelong were impacted by the pandemic.


Key Matters

  1. Without a Council resolution to consider a further five-year Special Rate program or alternate recurrent funding models, the current five-year Special Rate program ends 30 June 2021 and all activities delivered by Central Geelong Marketing will cease immediately.

  2. For the CGM program to continue in its current form, the process requires Council to decide to proceed with an Intention to Declare a Special Rate, followed by a consultation process with commercial and business property owners including a hearing of submissions. Council would receive a further report for decision to declare the Special Rate based on the engagement phase including the result of the Council Hearing Panel process and any amendments made by that Panel.

  3. The special rate is declared for the purpose of fully funding CGM to develop programs to bring boosted visitation and increased economic benefit through the promotion of businesses and activity delivery within the Central Geelong precinct on the basis that the outputs of the CGM will be a special benefit to those persons required to pay the special rate in the area as shown in Attachment 2.

Councillor Aitken moved, Councillor Asher seconded -

  1. That the report be deferred.

Carried.

Councillor Kontelj returned to the Council Chamber at 6.55pm.


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3. 2021 SRV Community Grant Program - Cricket

Source:

Community Life - Social Planning and Investment

Director:

Robyn Stevens


Purpose

  1. To consider the priority projects and funding contribution required to support the City’s application to Sport and Recreation Victoria’s Community Cricket Program.


Background

  1. In late November 2020, the State Government announced the release of its annual Community Cricket Program.

  2. The criteria in assessing priorities for application to the funding program include alignment to Council’s strategic direction (Social Infrastructure Plan, G21 Cricket Strategy); asset condition and compliance; overall community benefit and project readiness.

  3. All applications to the funding program require a $1: $1.5 contribution between Council and State Government, respectively. A maximum of $200,000 is made available to each Council.

  4. All applications to be lodged by 1 February 2021, and any financial contribution of Council needs to be confirmed by Council. The funding for the program would form part of the 2021-2022budget.


Key Matters

  1. An assessment of known projects has been undertaken against the Sport and Recreation Victoria (SRV) funding criteria. Officers have also consulted with the presidents of the Geelong Cricket Association (GCA) and the Bellarine Peninsula Cricket Association (BPCA) to outline identified priorities and seek feedback.

  2. The priority projects proposed for funding under the Community Cricket Program are:

    1. St Leonards Cricket Club (Lake Reserve) for installation of automated irrigation and appropriate drainage to Oval 1. Total project cost $200,000 with a required contribution from Council of $100,000; and

    2. South Barwon Cricket Club (South Barwon Reserve) for development of new cricket nets/cricket practice facility. Total project cost $350,000 with a required contribution from Council of $250,000.

Councillor Nelson moved, Councillor Harwood seconded -

  1. That Council:

    1. Endorse the submission for two applications to the SRV Community Cricket Program for St Leonards Cricket Club and South Barwon Cricket Club; and

    2. Make a pre-commitment of $350,000 toward these projects for the 2021-2022budget.

Carried.


Attachment 1

Financial Implications

  1. The City will be required to pre-commit funding within the 2021-2022budget to meet the SRV criteria for making application.

    1. The maximum funding allocated to any individual project by the State is $100,000. Should a project be successful in securing State funding, the City will be required to contribute the remaining budget required to complete the project.

    2. High level preliminary costings have been obtained for each project and are outlined below:

      1. St Leonards Lake Reserve – (Automated Irrigation): $200,000; and

      2. South Barwon Reserve (Cricket Training Facility): $350,000.

    3. Preliminary costings for projects may change throughout detailed design and construction.


Community Engagement

  1. Officers have consulted with, and obtained letters of support from the following stakeholders:

    1. Cricket Victoria;

    2. Geelong Cricket Association;

    3. Bellarine Peninsula Cricket Association;

    4. South Barwon Cricket Club;

    5. St Leonards Cricket Club; and

    6. St Leonards Soccer Club.


Social Equity Considerations

  1. If successful, the delivery of these projects will provide a high level of community benefit and increased participation opportunities for the broader community.

  2. St Leonards Lake Reserve is currently the only level 1 community oval that does not have automated irrigation. Installation would see a substantial improvement in the ground condition, improve player safety and make it fit for purpose.

  3. South Barwon Reserve experiences a high level of usage and visitation, with the cricket nets currently in poor condition, requiring both renewal and expansion to accommodate growth in the club. Redevelopment of the current training nets for the South Barwon Cricket Club will ensure safe, compliant training facilities for the club and will provide ongoing community access.

  4. The delivery of projects will increase the capacity of facilities within the City’s outdoor sport and recreation network.


Policy/Legal/Statutory Implications

  1. There are no known legal or statutory impediments to the arrangement proposed in this report.


Alignment to Council Plan

  1. This proposal aligns with the strategic objectives of the Council Plan, specifically in response to ‘Improved Social Infrastructure and Planning’, which aims to provide new sports and leisure facilities and upgrade existing ones and engage with sporting clubs and community groups to improve access to community and sporting facilities.


Conflict of Interest

  1. There are no staff involved in the preparation of this report who have an undisclosed conflict of interest.


Risk Assessment

  1. The risk to Council may be that the existing preliminary costs obtained for each project may change/increase as detailed design and construction is completed. If this was to occur the City would be required to increase its contribution to deliver the project.


Environmental Implications

  1. There are no known environmental implications.


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4. Powercor Lease – Substation Site 137-149 Mercer Street, Geelong

Source:

Customer & Corporate Services – Property, Procurement and Assets

Director:

Michael Dugina


Purpose

  1. To seek approval to issue public notice of the intent to enter into a thirty (30) year lease with Powercor Australia Limited (Powercor) for the site of a power substation at 137-149 Mercer Street, Geelong 3220.


Background

  1. An indoor Powercor substation is required to be installed in the Leased Area the ground floor of the new Civic Accommodation building currently under construction at 137-149 Mercer Street, Geelong (Premises). Attachment 2 is the locality plan.


Key Matters

  1. Powercor require the Greater Geelong City Council (City) to enter into a lease for the Leased Area within the Premises, for a term of thirty (30) years.

  2. The City requires Council approval to advertise its intent to grant the lease, by public notice and invite submissions in accordance with sections 190 and 223 of the Local Government Act 1989.

  3. Powercor’s substation is necessary to provide adequate electricity supply to the Premises. Any future restriction or caveat Powercor will have, shall not affect the City’s right to sell the Premises, instead simply protect Powercor’s configuration within the substation, to protect the asset.

Councillor Aitken moved, Councillor Asher seconded -

  1. That Council:

    1. Approve the publishing of a public notice of the City’s intention to enter into a lease with Powercor Australia Limited for a maximum term of thirty (30) years for the Leased Area to locate its substation site at 137-149 Mercer Street, Geelong 3220;

    2. Invite submissions by any person affected by the proposed lease and that if submissions are received and wish to be heard, convene a Submissions Review Panel to hear and report to Council, on any submissions in relation to the proposed lease; and

    3. Note that a report will be provided to Council, following the public notice process, to consider any submissions received and determine whether to enter into the lease.

Carried.


Attachment 1

Financial Implications

  1. Powercor are responsible for maintaining the substation for the term of the lease and any period of overholding. The City is not required to budget for any expenses.

  2. The City shall not charge a lease fee, in line with other agreements with Powercor.


Community Engagement

  1. The City will advertise its intention to enter into a thirty (30) year lease with Powercor by public notice, seeking submissions.


Social Equity Considerations

  1. There are no social equity considerations.


Policy/Legal/Statutory Implications

  1. As the lease is for a term of more than ten (10) years, the Council must, in accordance with section 190 of the Local Government Act 1989, at least four weeks before the lease is made, publish a public notice of the proposed lease. A person has a right to make a submission under section 223 of the Local Government Act 1989, on the proposed lease and may request to be heard in respect of their submission.


Alignment to Council Plan

  1. The recommendation supports the key priority relating to Organisational Leadership, Strategy & Governance of “proactively managing our assets, including land holdings”.


Conflict of Interest

  1. There is no identified conflict of interest for any officer involved in the preparation of the lease or the submissions process.


Risk Assessment

  1. The substation enclosure proposed shall be two-hour fire rated and shall comply with all building codes, regulations and Powercor standards.

  2. The lease establishes Powercor’s management rights and obligations for its asset to mitigate risks to the City.


Environmental Implications

  1. The City’s new office in the Civic Precinct, will achieve the highest environmental standards in design, energy, waste and water usage, with a six star – green star design.


Attachment 2

Powercor Power Substation Locality Plan



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5. Adopt the Sustainability Policy and Update of the Sustainability Advisory Committee

Source:

Governance, Strategy & Performance – Strategy and Performance

Director:

Rebecca Leonard


Purpose

  1. For Council to adopt the Sustainability Policy and to provide an update on recruitment of community members for the new Sustainability Advisory Committee.


Background

  1. In July 2020, following an extended community engagement period, a revised Sustainability Framework and Action Plan incorporating feedback received was adopted by Council and a draft Sustainability Policy was endorsed for consultation.

  2. In September 2020, terms of reference for a Sustainability Advisory Committee were endorsed by Council with a commitment to commence the expression of interest process for recruitment of community members in November 2020.


Key Matters

  1. draft Sustainability Policy (Attachment 2) was available for community feedback between 29 July 2020 and 9 September 2020. One submission was received which raised concerns about the absence of strategies, actions and targets in the policy.

  2. The Sustainability Framework and Action Plan outline the priority areas, objectives and actions for the City to focus on, and directly guide the measures and targets that we will report on (under development). The Sustainability Policy defines the key principles to ensure sustainability is considered right across the City’s services. These key principles govern decision-making for both the City and the Council.

  3. The Sustainability Advisory Committee expression of interest was widely advertised through print media, social media and direct email to an extensive stakeholder database. Applications closed on 18 December 2020 and a total of 72 applications were received.

  4. The selection process is now underway with community members expected to be appointed in early February 2021. The first meeting of the committee will be held in March 2021.

Councillor Moloney moved, Councillor Asher seconded -

  1. That Council:

    1. Adopt the Sustainability Policy; and

    2. Note the Sustainability Advisory Committee update.

Carried.


Attachment 1

Financial Implications

  1. The Sustainability Framework recognises the importance of a lens of sustainability across all financial processes and considerations, to contribute to the long-term sustainability of our community.


Community Engagement

  1. A Sustainability Advisory Committee comprising of members of the community with expertise and/or experience in sustainability will meet in early 2021 to consider, provide advice on and monitor the implementation of the Sustainability Framework.


Social Equity Considerations

  1. The Sustainability Framework recognises the importance of equity, access and inclusion as a key priority area contributing to the long-term sustainability of our community.

  2. It is intended the Sustainability Advisory Committee will comprise members with experience and/or expertise in social equity.


Policy/Legal/Statutory Implications

  1. A key part of the Sustainability Framework is the Sustainability Policy which identifies the principles that support sustainable decision-making across the organisation. The implementation of the Framework will also influence updates to relevant existing policies and the development of new policies.

  2. The Sustainability Framework and Sustainability Policy also aligns with the overarching governance principles of the Local Government Act 2020 which require Council to consider the economic, social and environmental sustainability of the municipal district, including planning for climate change risks and promoting them.


Alignment to Council Plan

  1. Sustainability and community engagement are key considerations/themes of Council Plan 2018–2022 and feature strongly throughout the community’s 30-year Clever and Creative vision.


Conflict of Interest

  1. There is no identified conflict of interest for any officer involved in the preparation of the policy or the expression of interest process.


Risk Assessment

  1. Failure to consolidate the City’s approach to sustainability could result in significant risk as the Sustainability Framework 2020 aims to deliver a culture of sustainable practice across the organisation, better preparing it and the community to meet the demands of the future.


Environmental Implications

  1. As the organisation and region face considerable environmental challenges, the Sustainability Framework provides the opportunity to strengthen our current and future approach to addressing climate change and other critical issues.


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6. Council to Staff Delegation

Source:

Governance, Strategy & Performance - Governance

Director:

Rebecca Leonard


Purpose

  1. To review and update the Greater Geelong City Council (Council) Instrument of Delegation (Instrument) to members of Council staff.


Background

  1. The Local Government Act 2020 (the Act) provides for the delegation of Council’s powers, duties and functions under that Act or any other Act.

  2. Council delegates its powers, duties and functions, subject to some exceptions and limitations, to the members of Council staff where they cannot be delegated through the Chief Executive Officer (CEO).

  3. Council last reviewed the delegation to members of Council staff on 1 September 2020.


Key Matters

  1. The powers conferred on the Council under some legislative instruments cannot be delegated through the CEO and must be delegated by resolution directly to members of Council staff.

  2. It is important to ensure that Council has properly delegated powers, duties and functions, in order to avoid any issues arising regarding the legality of a decision or an action purportedly made or taken on behalf of the Council.

  3. The schedule to the instrument of delegation has been updated to reflect legislative changes as advised by Maddocks lawyers and position changes in the Planning, Design and Development Directorate.

Councillor Sullivan moved, Councillor Grzybek seconded -

  1. In the exercise of the powers conferred by the legislation referred to in the attached Instrument of Delegation, the Greater Geelong City Council (Council) resolves that:

    1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument (Attachment 2);

    2. The Instrument comes into force immediately upon the resolution of Council;

    3. The Instrument be signed by the Chief Executive Officer on behalf of Council;

    4. On the coming into force of the instrument all previous delegations from Council to members of Council staff (other than the Chief Executive Officer) are revoked; and

    5. 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.

Carried.


Attachment 1

Financial Implications

  1. There are no financial implications associated with this report.


Community Engagement

  1. The attached Instrument to members of Council staff has been prepared to reflect consultation with relevant Council officers.


Social Equity Considerations

  1. There are no social equity issues arising from the subject of this report.


Policy/Legal/Statutory Implications

  1. The powers conferred on the Council under some legislative instruments cannot be delegated through the CEO and must be delegated by resolution directly to Council officers.

  2. The Acts and Regulations referred to in Attachment 2 are among those which require direct delegation.

  3. Legislative updates as advised by Maddock’s lawyers include the new provisions the Residential Tenancies (Caravan Parks and Moveable Dwellings Registration and Standards) Regulations 2020.


Alignment to Council Plan

  1. The recommendation furthers the Council Plan 2018-22 strategic priority of organisational leadership, strategy and governance by supporting the key priority of making our processes more effective and efficient.

  2. There are many Acts and Regulations, which confer a responsibility on Councils to take action or determine matters. It is not practical for Council alone to exercise the many statutory powers, duties and functions bestowed on the Council.


Conflict of Interest

  1. No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.


Risk Assessment

  1. There are no high or extreme risks associated with the subject of this report.


Environmental Implications

  1. There are no environmental implications identified for the subject of this report.


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7. Planning Authorisation – Council to Staff

Source:

Governance, Strategy & Performance – Governance

Director:

Rebecca Leonard


Purpose

  1. To appoint City Officers as authorised officers under the Planning and Environment Act 1987 (P&EA).


Background

  1. City officers are appointed as authorised officers to exercise statutory powers under various Acts and regulations.  Appointments as authorised officers are to individual staff members.

  2. The P&EA regulates enforcement and is reliant on authorised officers acting on behalf of the responsible authority (Council).


Key Matters

  1. Where there is a specific power within an Act, Council should appoint authorised officers pursuant to that Act. This is the case for the P&EA.

  2. Two planning staff members are required to be authorised under the P&EA.

  3. Attachment 2 sets out the Instrument of Appointment and Authorisation under the P&EA and lists the staff members to whom this authorisation applies (instrument).

Councillor Grzybek moved, Councillor Harwood seconded -

  1. In the exercise of the powers conferred by s147(4) of the Planning and Environment Act 1987, Council resolves that:

    1. Members of City staff referred to in the Instrument (Attachment 2) be appointed and authorised as set out in the Instrument;

    2. The Instrument comes into force immediately upon the resolution of Council; and

    3. The Instrument be signed by the Chief Executive Officer on behalf of Council.

Carried.


Attachment 1

Financial Implications

  1. There are no financial implications arising from the subject of this report.


Community Engagement

  1. Relevant City managers have been consulted regarding this recommended appointment and authorisation.


Social Equity Considerations

  1. There are no social equity implications arising from the subject of this report.


Policy/Legal/Statutory Implications

  1. The recommended appointment and authorisation of the staff members complies with the relevant provisions of the P&EA and the Local Government Act 2020.


Alignment to Council Plan

  1. The recommended appointment and authorisation of the staff members supports the delivery of Council planning services.


Conflict of Interest

  1. No City officers who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.


Risk Assessment

  1. There are no significant or high risks associated with the subject of this report.


Environmental Implications

  1. There are no environmental implications arising from the subject of this report.


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8. Revocation of Flood-Prone Area Designation of New Lots at Armstrong Waters Estate, Stage 7

Source:

City Services – Engineering Services

Director:

Guy Wilson-Browne


Purpose

  1. To revoke Council’s designation of 12 December 2006 of flood affected land at Armstrong Waters Estate, Stage 7 as liable to flooding pursuant to regulation 153 of the Building Regulations 2018.


Background

  1. Council has a statutory obligation under the Building Regulations 2018 to designate land as liable to flooding where it reasonably knows it to be prone to flooding. Conversely, there is an obligation to remove the encumbrance of designation from land that is no longer considered to be flood-prone.

  2. The current designated flood mapping (Attachment 2) was designated by Council at its meeting of 12 December 2006.

  3. This revocation will result in another stage of new lots in Armstrong Waters Estate fronting 291-411 Charlemont Road, Connewarre being free of their flood prone status, paving the way for homes to be built on this land.


Key Matters

  1. The flood mapping is subject to a revision due to the subdivision and development at 291-411 Charlemont Road, Connewarre. Prior to subdivision the parent lot was considered liable to flooding. This development site, which is also known as Armstrong Waters Estate, Stage 7 achieves flood immunity for newly created lots for flood events up to and including the 100-year Average Recurrence Interval (ARI) event due to the completion of approved internal works.

  2. The recommendation by Council engineers that the flood prone status can be removed includes assessment of internal drainage, road construction and earthworks to contain potential floodwaters from the 100-year ARI event within road and drainage reserves (Attachment 3).

  3. It should be noted that designation is separate to the creation of flood overlays within the Planning Scheme, which generally follows designation. In the case of this development, the planning scheme amendment to create post-development flood zones or overlays is proposed after the design of the proposed precincts.

Councillor Nelson moved, Councillor Moloney seconded -

  1. That Council revoke the Council designation of 12 December 2006 of flood affected land at Armstrong Waters Estate, Stage 7 as liable to flooding pursuant to regulation 153 of the Building Regulations 2018.

Carried.


Attachment 1

Financial Implications

  1. There are no financial implications arising from the subject of this report.


Community Engagement

  1. A revocation of designation does not warrant public consultation as it constitutes the removal of an encumbrance on land.

  2. Relevant City databases and flood maps will be revised and updates sent to the Corangamite Catchment Management Authority and Building Control Commission.


Social Equity Considerations

  1. Council have a responsibility to the community to provide the best possible information on areas that are flood prone. The removal of flood prone designation allows owners to build on their land without a special permit from the City, and without raising the floor level of their home. It also reduces the cost of property insurance.


Policy/Legal/Statutory Implications

  1. The City has various statutory responsibilities for drainage management and flood management (prevention, response and recovery) as set out in the Local Government Act 1989, Local Government Regulations 1990, Planning and Environment Act 1987, Building Regulations 2018, Water Act 1989, Subdivision Act 1988 and Emergency Management Act 1986.

    6.The works have resulted in the lots being protected from flooding during a major storm event that has a one per cent probability of occurring in any one year, and occurs on average once in 100 years. This is the required standard for new subdivisions.


Alignment to Council Plan

  1. The recommendations of this report are consistent with the Council Plan, in relation to planned sustainable development.


Conflict of Interest

  1. No City officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.


Risk Assessment

  1. Council also has some risk exposure with any failure to disclose the flood-prone status of a property in a Land Information Certificate.

  2. The revocation of the designation is the final step in minimising Council’s risk.


Environmental Implications

  1. The revocation of flood-prone areas designation and designation of revised flood data through the design of this stage is considered unlikely to result in any known adverse environmental impacts.


Attachment 2 - Current Flood Map



Attachment 3 - Amended Flood Map



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9. 2020-21 Grants – Community Infrastructure

Source:

Customer & Corporate Services – Community Grants and Partnerships

Director:

Michael Dugina


Councillor Nelson moved, Councillor Mason seconded -

That Council consider this report at the conclusion of the meeting as it is designated confidential by the Chief Executive Officer as it contains confidential information for the purposes of section 3(1) of the Local Government Act 2020 because it is private commercial information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage; and this ground applies because the agenda item contains a level of detail which if released would diminish the organisation’s capacity to compete in a commercial environment.

Carried.


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