Agenda of Meeting of the Port Phillip City Council

Meeting of the Port Phillip City Council

5 June 2024

Welcome

Welcome to this Meeting of the Port Phillip City Council.

Council Meetings are an important way to ensure that your democratically elected representatives are working for you in a fair and transparent way. They also allow the public to be involved in the decision-making process of Council.

About this meeting

There are a few things to know about tonight’s meeting. The first page of tonight’s Agenda itemises all the different parts to the meeting. Some of the items are administrative and are required by law. In the agenda you will also find a list of all the items to be discussed this evening.

Each report is written by a Council officer outlining the purpose of the report, all relevant information and a recommendation. Council will consider the report and either accept the recommendation or make amendments to it. All decisions of Council are adopted if they receive a majority vote from the Councillors present at the meeting.

Public Question Time and Submissions

Provision is made at the beginning of the meeting for general question time from members of the public.

All contributions from the public will be heard at the start of the meeting during the agenda item 'Public Questions and Submissions.' Members of the public have the option to either participate in person or join the meeting virtually via Teams to ask their questions live during the meeting.

If you would like to address the Council and /or ask a question on any of the items being discussed, please submit a ‘Request to Speak form’ by 4pm on the day of the meeting via Council’s website:

Request to speak at a Council meeting - City of Port Phillip

Meeting of the Port Phillip City Council

To Councillors

Notice is hereby given that a Meeting of the Port Phillip City Council will be held in St Kilda Town Hall and Virtually via Teams on Wednesday, 5 June 2024 at 6:30pm. At their discretion, Councillors may suspend the meeting for short breaks as required.

AGENDA

1 APOLOGIES

Nil

2 MINUTES OF PREVIOUS MEETINGS

Minutes of the Special Meeting of the Port Phillip City Council 14 May 2024.

Minutes of the Meeting of the Port Phillip City Council 15 May 2024.

3 Declarations of Conflicts of Interest

Nil

4 Public Question Time and Submissions

5 Councillor Question Time

6 Sealing Schedule

Nil

7 Petitions and Joint Letters

7.1 Petition: Submission for irrigation in Gill Reserve............................................... 6

8 Presentation of CEO Report

8.1 Presentation of CEO Report Issue 107 - April, 2024.......................................... 9

9 Inclusive Port Phillip

9.1 State of Children’s Services 3rd Annual Report............................................... 38

9.2 Fair Access in Sport Policy and Action Plan................................................... 114

10 Liveable Port Phillip

Nil

11 Sustainable Port Phillip

11.1 Draft Urban Forest Strategy - for Engagement............................................... 151

11.2 Community Electric Vehicle(EV) Program...................................................... 327

12 Vibrant Port Phillip

Nil

13 Well Governed Port Phillip

13.1 Proposal to Lease - 129 Beaconsfield Parade, Albert Park........................... 381

13.2 City of Port Phillip Strategic Memberships Review 2024............................... 387

13.3 Proposed Discontinuance of Road (in part) Johnson Street, South Melbourne 408

13.4 Status of Council Decisions and Questions Taken on Notice recorded by Council: 1 January - 31 March 2024................................................................................................ 414

13.5 Records of Informal Meetings of Council........................................................ 441

14 Notices of Motion............................................................................................... 461

14.1 Notice of Motion - Councillor Louise Crawford - Caravan Parking................. 464

14.2 Notice of Motion - Councillor Louise Crawford Elster Creek Litter................. 465

15 Reports by Councillor Delegates

Nil

16 URGENT BUSINESS

Nil

17 Confidential Matters....................................................................................... 465

The information contained in the following Council reports is considered to be Confidential Information in accordance with Section 3 of the Local Government Act 2020.

17.1 VCAT matter - confidential

3(1)(e). legal privileged information, being information to which legal professional privilege or client legal privilege applies.

Reason:

This matter reports on confidential without prejudice negotiations as part of a VCAT Compulsory Conference process.

17.2 Park Street Streetscape Improvement Project and Road Reconstruction

3(1)(a). Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

Reason:

Council will be undertaking procurement during the time of the Council
meeting. If the briefing is not confidential, this may impact the value of quotes
submitted to undertake these works.

17.3 Shrine to Sea Masterplan Advocacy and Implementation

3(1)(c). land use planning information, being information that if prematurely released is likely to encourage speculation in land values

3(1)(e). legal privileged information, being information to which legal professional privilege or client legal privilege applies.

Reason:

While Council have endorsed the draft Masterplan, the final Masterplan is yet to approved by the Minister for public release. This is expected to be in the next few months.

The MOU/Victorian funding agreement between agencies contains legally privileged information and financial information that is unable to be shared prior to the public release of the Masterplan.

17.4 Legal Matter

3(1)(e). legal privileged information, being information to which legal professional privilege or client legal privilege applies.

Reason:

This report contains sensitive information on Council's position in a legal matter.

Meeting of the Port Phillip City Council

5 June 2024

9.1	State of Children’s Services 3rd Annual Report
Executive Member:	Tarnya McKenzie, Interim General Manager, Community Wellbeing and Inclusion
PREPARED BY:	Karla Coombes, Coordinator Family Services

1. PURPOSE

1.1 In line with the implementation of the Every Child, Our Future Children’s Services Policy (the Policy), the draft The State of Children’s Services Within Port Phillip Annual Report 2024 (Draft Annual Report 2024) has been prepared to give a snapshot of Children’s Services in the municipality.

1.2 The purpose of this report is to present the Draft Annual Report 2024 for endorsement by Council, which provides an update on the implementation of the of the Children’s Services Policy throughout 2023 and through the life of the Policy, including the performance of Council managed children’s centres.

2. EXECUTIVE Summary

2.1 The Every Child, Our Future Children’s Services Policy took effect on 1 July 2020.

2.2 When endorsing the Policy, it was agreed that an Annual Report of Children’s Services would be prepared to understand the performance of Children’s Services in Port Phillip and any additional factors impacting the implementation of the Policy.

2.3 This is the third annual report to be prepared since the adoption of the Policy, (see Attachment 1 The Draft:The State of Children’s Services Within Port Phillip Annual Report 2024) and focuses on achievements in 2023, noting that 2022 data has been included where it was not available for the inclusion in the previous report.

2.4 The Draft Annual Report 2024 includes performance data for Council’s five early education and care centres, noting that these services did not meet anticipated financial targets and continue to experience operational challenges. However, Council managed services continue to support more families and children, across a range of vulnerability types, as a proportion of all licenced places compared to community managed services operating from Council facilities.

2.5 Key Policy implementation actions undertaken in 2023 include:

2.5.1 Implementation of a performance improvement action plan to address declining utilisation and financial performance of Council’s five early education and care centres. The plan continues to be a priority in 2024 and includes a focus on the key areas of marketing and promotions, physical environments, workplace culture, staffing recruitment and retention, and service development.

2.5.2 Installation of new play equipment at Skinners Adventure Playground following consultation with children who frequent the playground, staff members, and the wider community.

2.5.3 Consultation on the conceptual designs for the renovation and redevelopment of six early education and care facilities over the next seven years, including:

· Risk analysis and mitigation planning.

· Advocacy for and inclusion of natural materials in the design.

· Appointment of Senior Advisor Children’s Services Infrastructure role to work closely with the centres to plan and address service operational matters in the lead up and throughout the future building and construction.

· Disability Discrimination Act compliance and works to increase the number of available, free kindergarten places for three- and four-year old children.

· Continued advocacy for a funding contribution from the Federal Government of $10m over the next five years.

2.5.4 Implementation of the Children’s Services Integrated Registration and Enrolment (CSIRE) system has progressed, with the new scheme to be operationalised in May 2024. Work has also commenced to include stand-alone kindergarten programs in the CSIRE from 2025.

2.5.5 Work began with the Department of Education to update the Kindergarten Infrastructure Services Plan, using updated demographic data and considering the impact of State Government early years reforms on kindergarten demand.

2.5.6 The Maternal and Child Health client survey of 304 families highlighted the importance families place on the MCH service and their nurse.

2.5.7 An additional one-off grant was provided to Toy Libraries to support service growth and new initiatives.

2.5.8 MCH and Supported Playgroup collaborated with the Royal Women’s Hospital to support vulnerable families in the Cornelia Program.

2.5.9 Collaboration and funding agreements with Better Health Network and St Kilda Gatehouse for improved health and wellbeing outcomes of residents experiencing vulnerability and disadvantage through the provision of targeted parenting supports.

2.5.10 A realignment of roles in 2023 allowed the Middle Years and Youth Services team to strengthen their relationship and referral pathways with local schools, Victoria Police, and Adventure Playgrounds. Referrals significantly increased in 2023, demonstrating the program's growing impact on identifying and supporting at-risk youth.

2.5.11 Successful funding application to the State Government’s Multicultural Storytime grant program, with Storytime sessions in Mandarin, Hindi, Arabic and Oromo to commence in 2024.

2.5.12 Barring Djinang Kindergarten and Coventry Children’s Centre were assessed under the National Quality Standards (NQS) and awarded a rating of Exceeding Quality Standards. This raised the percentage of Council services Exceeding National Standards to 100%, highlighting the value of investing in systems and structures that support services to deliver high-quality education and care.

2.5.13 In partnership with the Department of Education and the Early Learning Association Australia, Albert Park Kindergarten was supported to review and update their governance arrangements.

2.6 Key themes and challenges highlighted through the Draft Annual Report 2024 include:

2.6.1 The financial performance of Council’s five early education and care centres continues to be a focus. Council managed services monitor key performance metrics monthly to oversight operations, consider current and future community needs, and respond to the State Government Early Years Policy Reforms. Despite a concerted effort, the financial performance of Council services did not meet its anticipated targets and the overall operating result declined in 2022/23 compared to the year prior. The factors of high labour shortages and reform implementation had the highest ongoing impact on improved performance which continued to be a priority.

2.6.2 Supporting families in transitional accommodation and or navigating housing issues continues to add to the complexity of our case work, particularly where families may be staying with friends or other family members in Port Phillip, but their address listed with Centrelink is not in Port Phillip.

2.6.3 Four-year-old kindergarten participation in Port Phillip increased from 78.3% in 2021 to 84.1% in 2022. The introduction of Free Kindergarten is likely to have contributed to this however the limited availability of Sessional Kindergarten in Port Phillip will be an ongoing barrier to achieving participation in line with the State average of 91.6%.

2.6.4 Waiting lists, the complexity of state and federal funding and the differences across early education and care services (such as Centre policies and bonds) continue to impact families’ participation in early education and care.

2.6.5 Family Services has seen an increase in referrals, including where families are needing support to navigate material aid such as food, clothes, and nappies.

2.6.6 We continue to monitor the performance of Council’s five early education and care centres in how effectively services are supporting vulnerable children. With three years of data collection demonstrating the quantum of vulnerable children participating in Councils’ services, we have seen Council managed services provide consistent support to children accessing inclusion support funding and the Preschool Field Officer program (both externally provided supports) and the number of children from Aboriginal and Torres Strait Islander backgrounds.

3. RECOMMENDATION

That Council:

3.1 Endorses the draft The State of Children’s Services Within Port Phillip Annual Report 2024.

4. KEY POINTS/ISSUES

4.1 At the 4 September 2019 Ordinary Council Meeting, Council resolved to formally adopt Every Child, Our Future Children’s Services Policy which committed Council to continue its delivery of existing early childhood services and provide greater support to the children and families that benefit most from and are least likely to access services.

4.2 At the 6 April 2022 Ordinary Council Meeting, Council noted the first Annual Report 2022 and that Council’s operation of childcare continues to meet public interest due to the ongoing support provided for children and families experiencing disadvantage and vulnerability.

4.3 The second Annual Report 2023 provided new data on children in Port Phillip, including AEDC data, kindergarten participation data and how families accessed and participated in Council-managed and Council-funded children’s services. The report included comparison data, trends over time, Council’s performance and highlighted the work of Council-run and Council-funded services towards the three policy outcomes of the Every Child, Our Future Children’s Services Policy.

4.4 The third Annual Report 2024 provides similar information, with the advantage of additional data for comparison in some measures, including kindergarten participation, enrolment and attendance in Supported Playgroup, Toy Library memberships, MCH engagement and service satisfaction. Where the collection and presentation of data has changed since the previous report, this has been acknowledged, noting that reporting requirements for externally funded programs may have changed, we rely on the sharing of data from our partners, noting sometimes data doesn’t align with reporting timeframes, we continue to strive for improved collection and reporting of data. The Draft Annual Report 2024 shows the success over the life of the Policy since its adoption in and its commitments, including:

4.4.1 An increasing need for assertive outreach and subsidises to support children experiencing vulnerability to access childcare and kindergarten.

4.4.2 A 25% increase in referrals to the Family Services Lead Family Worker program, with 67 of the 81 referrals received from MCH, highlighting the important early intervention role MCH provide for families.

4.4.3 Ongoing monitoring of services ensures we have up to date data and adequate provision of services now and into the future, evident particularly in our work with the Department of Education and the planning for kindergarten places.

4.4.4 Investment in coordination services, networking, resource sharing, and strong governance supports partnerships that provide an integrated response to families and improved health and wellbeing outcomes for residents experiencing vulnerability.

4.4.5 Facilitating outdoor learning environments is highly valued and consultation with children, young people and families continues to highlight the need for well-planned and purposeful formal and informal outdoor play opportunities.

4.4.6 Targeted funding for our stakeholders is crucial to support changing community needs, to bridge health inequalities, and meet the unique challenges faced by small not-for-profit organisations.

4.4.7 Advocating for all children to have access to high quality and accessible children’s services requires a multi-pronged approach and should consider the broader social, environmental, and economic impacts of Council’s investment.

4.5 In 2022 we focussed on building relationships, recognising that implementation of the Policy was impacted by COVID-19, including connections between services, organisations, and families. We saw this markedly in community playgroups and Toy Libraries and in co-located services. In 2023 we increased engagement with our stakeholders and used considered and well-planned engagement to co-design programs and projects.

5. CONSULTATION AND STAKEHOLDERS

5.1 The Policy was developed through broad and diverse community consultation and engagement in 2019.

5.2 Delivery of the Policy requires ongoing consultation and engagement with stakeholders and the community as the environment in which services are delivered changes and early years reforms progress. Recent and current engagement topics include:

5.2.1 Consultation with children, staff and the community on new play equipment at Skinners Adventure Playground.

5.2.2 Partnership with the Early Years Education and Care Network and community consutlation to create a shared vision for children and families in Port Phillip and development of the CSIRE.

5.2.3 Evaluation of the Lead Family Worker Program and the Solihull Parenting Program to inform programs offered in 2024.

5.2.4 Middle Years and Youth Services attended St Kilda Festival, engaging with over 130 young people, seeking input of what matters to young people as well as issues currently faced by local young people. The results of the survey will inform a Youth Summit event.

5.2.5 MCH client survey experienced an increase from 24% to 32% of enrolled families responding to the survey.

5.2.6 An expanded Parenting Information Program Annual Survey provided additional topic suggestions and delivery models, recognising families’ interest in returning to face-to-face activities and more opportunities to connect with each other.

5.2.7 Consultation on the conceptual designs for the redevelopment of the six early education and care facilities is underway, including risk analysis and mitigation planning.

6. LEGAL AND RISK IMPLICATIONS

6.1 The recommendations in this report are not considered to have any material legal or risk implications.

7. FINANCIAL IMPACT

7.1 The recommendations in the Draft Annual Report 2024 have no financial impact. The draft 2024/2025 budget has been prepared on the basis of continued service delivery for the suit of services provided by Council as detailed in the Draft Annual Report 2024.

7.2 Sound financial management of Council run childcare centres continues to be a focus, with Council monitoring a performance improvement action plan to lift and improve performance.

7.3 Funding and grant seeking to support both service delivery and infrastructure development is a continual focus to support the community needs.

7.4 Every dollar invested in high-quality early childhood education returns between $1.50 and nearly $3, and the return grows to double digits for children from families experiencing disadvantage (source: Victorian Government, Early Childhood Reform Plan, 2017, https://www.education.vic.gov.au/Documents/about/educationstate/ec-reform-plan.pdf)

8. ENVIRONMENTAL IMPACT

8.1 The recommendations of this report are not considered to have any material environmental impact.

8.2 Issues relating to sustainability and the climate crisis are high on the agenda of children, young people, and families in general. Several commitments in the Policy address the need to prioritise opportunities for children to access outdoor learning environments and promote children’s connection to nature and environmental sustainability practices. These commitments are evident in a substantial increase to the operational funding provided to Toy Libraries in 2023, improvements to outdoor play spaces, offering of outdoor playgroups and collaborating with the EcoCentre to promote environmental sustainability.

9. COMMUNITY IMPACT

9.1 The implementation of the Policy is seeking to deliver on the following community impacts:

9.1.1 All children living in Port Phillip are supported to develop their full potential.

9.1.2 Parents, carers and families are supported to increase their capacity and capability.

9.1.3 The effects of disadvantage on children’s development are minimised.

9.2 The Draft Annual Report 2024 seeks to outline the extent to which we are achieving these outcomes and assess the impact programs are having on children and their families in our community. The Draft Annual Report 2024 contributes to Council’s data and benchmarking body of knowledge, to track impact over the life of the policy.

9.3 The Policy has been a strong guiding tool for internal and external services, improving decision-making, and strengthening partnerships. The Draft Annual Report 2024 highlights Council’s investment in programs that generate social benefits not just for families attending programs but also acknowledging the important contribution volunteer parent committees bring to the suite of Children’s Services in Port Philip, building a sense of civic responsibility, agency, and connection well beyond the time families are engaged in a service.

9.4 Governments subsidise early childhood education and care services due to the benefits these services provide to society. The Productivity Commission identifies the social benefit of investment in early childhood education and care policies as including:

9.4.1 Greater workforce participation, noting 92% of the early childhood workforce are women. Barriers to accessing early childhood education and care was a main barrier to labour force participation for about 275,000 parents, of whom 95% were women.

9.4.2 Increasing gender equality and disrupting intergenerational disadvantage.

9.4.3 Reducing the ‘motherhood penalty’ by providing avenues to help mothers to return to work earlier and helps to increase workforce supply to other sectors of the economy.

9.5 Research tells us that our investment in early interventions and community programs provide invaluable economic benefit. The cost benefit analysis of playgroups shows that there is a $3.60 return on investment for every $1.00 spent on Australian community playgroups. Over the next ten years, this suggests a $584 million net benefit to Australia”^{^[1]}. The Australian Child Maltreatment Study^{^[2]} highlights the cost-effectiveness of family support models addressing psychosocial risk factors for child physical and emotional abuse, such as parenting support programs.

9.6 The Productivity Commission identifies childcare as important for parents and guardians, enabling them to work, volunteer, train, or study to support income, career development and other contributions to the community. At scale, the ability for parents and guardians to work, volunteer, train or study has productivity benefits for the Australian economy.

9.7 The Front Project, an independent national enterprise, commissioned A Smart Investment for a Smarter Australia, working with PwC, to quantify the benefits of early childhood education now and into the future and to reveal the enormous opportunity when we invest in children. The economic analysis examined the measurable costs and benefits for children, governments, families, and businesses. The evidence indicates for every dollar invested now; Australia receives $2 back over a child’s life. The benefits include:

9.7.1 Children become confident learners, are prepared for school, and are put on a path to better educational achievement and therefore higher earnings throughout their lives.

9.7.2 Parents have the opportunity to return to work or increase their hours, increasing workforce participation.

9.7.3 Government benefits from increased taxation as a result of higher workforce participation and increased taxation now, and the higher earnings of today’s children in years to come.

9.7.4 Business benefits from a more educated, efficient, and adaptable workforce.

9.8 The Australia Institute identifies how matching the investments of other industrial countries would create hundreds of thousands of new jobs in childcare centres and related industries, tens of billions of dollars in new GDP, and billions of dollars in government tax revenue.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 The Annual Report 2024 aligns to the Council Plan 2022-2031:

10.1.1 Proudly Port Phillip: a liveable and vibrant City that enhances the wellbeing of our community.

10.1.2 Strategic Direction Inclusive Port Phillip: A City that is a place for all members of or community, were people feel supported and comfortable being themselves and expressing their identities

10.2 The Policy describes Council’s role in children’s services and what we will do to support the wellbeing and development of children and families in our community.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

11.1.1 Many of the Policy commitments are now embedded in the work of Council programs however it continues to inform the annual Family Youth and Children Department Plan and the co-ordination of projects. The plan highlights the commitment activities that require targeted resources and is monitored internally through the Family Youth and Children Leadership team quarterly and externally through The State of Children’s Services Within Port Phillip Annual Report.

11.1.2 The plan is updated as stakeholders are engaged at various stages, informing the direction and next steps of each priority. Consultation with the Early Years Education and Care Network and young people are examples where the Department plan has been informed by feedback.

11.1.3 If endorsed by Council, the Annual Report 2024 will be shared with children’s services stakeholders and partners as a tool to inform and develop future Department plans, the new Council Plan and annual budget submissions.

11.1.4 Following The State of Children’s Services Annual Report 2025, renewal of the Policy will begin. With four years of data, the report will include the performance and achievements over the life of the Policy and inform consultation with stakeholders for the setting of the new Policy and commitments.

11.2 COMMUNICATION

11.2.1 If endorsed by Council, the Annual Report 2024 will be shared with Children’s Services stakeholders and partners as a tool to be used to inform and further develop Children’s Services in Port Phillip.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

1. DRAFT The State of Children's Services within Port Phillip Annual Report 2024⇩

Meeting of the Port Phillip City Council

5 June 2024

9.2

Fair Access in Sport Policy and Action Plan

Executive Member:

Tarnya McKenzie, Interim General Manager, Community Wellbeing and Inclusion

PREPARED BY:

Dana Pritchard, Manager Open Space Recreation and Community Resilience

Susan Cannell, Coordinator Sport and Recreation

Alexis Carydis, Sports and Recreation Gender Equity Officer

1. PURPOSE

1.1 To provide the final draft Fair Access in Sport Policy and Action Plan for endorsement, including outcomes from community engagement.

2. EXECUTIVE Summary

2.1 In 2022, the Office for Women in Sport and Recreation, in partnership with Sport and Recreation Victoria and VicHealth, recognised the inequities experienced by women and girls in sport and the need to make change, releasing a Fair Access Roadmap (the ‘Roadmap’) for all Local Government Authorities to follow.

2.2 In order to be eligible for future State Government funding, Council is required to have endorsed a Fair Access in Sport Policy and Action Plan by June 2024.

2.3 Fair access is supporting gender equitable outcomes in sport and recreation participation and facility use. It means that women and girls can participate in all types of sport, have equitable access to the best sportsgrounds, courts and facilities, are consulted with timings and are afforded the same opportunities as men and boys.

2.4 There are 45 sports clubs utilising Council owned or managed facilities in the City of Port Phillip. In May 2023, Council surveyed these clubs, asking about the current participation of women and girls in sports. More than half of clubs responded. We heard that:

· There were less women and girls participating in formal sports than men and boys.

· There were low numbers of women in committee and coaching roles.

· There were no senior women’s cricket teams.

· Most clubs considered ‘fairness’ of facility allocations for women and girls sport (e.g., sportsground, court, pitch, training nets) when planning their schedules.

2.5 The draft Fair Access in Sport Policy (Attachment 1) has been developed in line with the State Government template, feedback from the community, our Council priorities and our sporting community demographic.

2.6 The draft Fair Access in Sport Action Plan (Attachment 2) sits alongside the Policy, outlining the actions Council and sports clubs will need to undertake to meet the Policy objectives.

2.7 In March 2024, the draft Fair Access in Sport Policy and Fair Access in Sport Action Plan went out to community for engagement, including community sports clubs. The engagement report (Attachment 3) identifies community support for the Policy and Action Plan and has been made available on Council’s Have Your Say page.

3. RECOMMENDATION

That Council:

3.1 Endorses the Fair Access in Sport Policy and Fair Access in Sport Action Plan.

4. KEY POINTS/ISSUES

Background

4.1 While many sports clubs are making improvements to provide opportunities for women and girls to participate, lead and coach in a sports club, there are changes that still need to happen to ensure equitable usage and access to sport.

4.2 In August 2022, the Office for Women in Sport and Recreation, in partnership with Sport and Recreation Victoria and VicHealth, recognised the inequities experienced by women and girls in sport and the need to make change. The Victorian Government announced the Fair Access in Sport Policy Roadmap (the ‘Roadmap’) to support gender equitable access and utilisation of community sports infrastructure in Victoria.

4.3 The Roadmap seeks Local Government Authorities to create a policy that will fast track equitable outcomes and support clubs in removing barriers for women and girls to provide fair access to participate in sport and recreation.

4.4 This Roadmap will require significant policy and program work over the next three years and requires local governments to take a lead in order to meet the following Fair Access targets that have been established:

· From 1 July 2024, The Victorian Government will introduce funding criteria for community sport infrastructure and will require Councils to have a gender equitable access and use policy adopted and enforced.

· From 1 October 2024, all Local Governments in Victoria will have gender equitable access and use policies (or equivalent) in place for community sports infrastructure.

· By 1 July 2027, reports of more women and girls having positive experiences in participating in community sport and equitable access to community sports infrastructure.

4.5 Further information on the Roadmap can be found on the Change Our Game website - Change Our Game: Fair Access Roadmap

Fair Access: What Does It Mean?

4.6 Fair Access means that women and girls are supported and presented with the same opportunities as men and boys in sport.

4.7 Delivery of Fair Access will result in an increase in participation, hours of use, accessibility for more teams to access the facility/ground/pitch/court. It will contribute to a change in club culture, allowing all club members to be engaged and supported, eliminating key barriers of participation, increase perceptions of safety and advancing gender equality more broadly within our municipality.

Current State

4.8 The City of Port Phillip is one of the most active municipalities in the State, with residents participating in a wide range of organised and informal sport and recreation activities.

4.9 In May 2023, data provided by Port Phillip Clubs showed that most clubs have low percentages of women and girls actively participating in sport, on committees or as coaches.

Policy

4.10 The draft Policy has been prepared in recognition of fair access for women and girls in sport, consistent with the focus of the Roadmap and the policy template, the information obtained from Port Phillip sports clubs and the 2015 Inquiry into Women and Girls in Sport and Active Recreation.

4.11 The Policy and Action Plan is based around these Principles to:

· Provide community sports infrastructure and environments that are genuinely welcoming, safe, and inclusive.

· Ensure women and girls can fully participate in all aspects of community sport and active recreation, including as a player, coach, administrator, official, volunteer and spectator.

· Adopt and implement gender equitable access and use practices for all community sport infrastructure.

· Ensure women and girls are equitably represented in leadership and governance roles within community sports clubs.

Action Plan

4.12 The Action Plan will drive the Policy implementation, as it details clear actions and proposed timelines to cement fair access in sport in Port Phillip.

4.13 The draft Action Plan was established with consideration of relevant Council strategies, plans and policies, in consultation with the State Government and selected members of State Sporting Associations and sports clubs to inform the realistic and measurable nature of the actions.

4.14 The Policy and Action Plan acknowledge that fair access is a shared responsibility between Council (management level) and sports clubs (operational level). The draft Action Plan includes actions for both Council and Sporting Clubs, with reference to the role and support of State Sporting Associations.

4.15 The following elements have been considered when preparing the draft Action Plan:

· Some sports clubs are more advanced in how they demonstrate, activate and celebrate gender inclusivity within their clubs.

· That clubs have limited resources, including a high number of volunteers that manage their operations.

· Some State Sporting Associations have their own gender equity requirements and action plans for clubs to align with, with varying levels of support provided to date amongst different sports.

5. CONSULTATION AND STAKEHOLDERS

Stage 1 Consultation: Data Collection

(Completed May 2023)

5.1 Data to inform current state was collected via a survey provided to all sports clubs utilising Council owned facilities The data requested was in relation to the gender breakdown for club participants, committee members, volunteers and coaches.

5.2 The key stakeholders consulted to inform the draft Policy and Action Plan included: Port Phillip sporting clubs, internal Council departments, State Sporting Associations, Office for Women in Sport and Recreation and other Councils.

Stage 2 Consultation: Engagement on the draft Policy and Action Plan

(Completed March 2024)

5.3 Port Phillip sports clubs, the Office for Women in Sport and Recreation and other community stakeholders were asked for feedback on the current draft Policy and Action Plan to ensure the actions are realistic and supported and seek commitment from sports clubs to deliver.

5.4 Community engagement was undertaken online on Council’s Have Your Say page, via completion of a survey, direct engagement with interested sports clubs and the opportunity to attend two online forums.

5.5 Information was collected via Have Your say from 17 survey respondents. Out of these respondents, five represented sports clubs (three that use Council owned or managed facilities).

5.6 Key findings from community engagement were in relation to:

· Funding allocations

· Affordability and access to facilities

· Suitability and availability of facilities to support women and girls’ participation

· Pressure on clubs to support the Policy

· Equitable distribution of funding

· The gap in club development

· Engagement with people from marginalised communities

· Trans and gender diverse inclusion in sport

5.7 The Policy received some positive support for Council’s position to support fair access in sport with comments such as: “We fully support this policy and action plan and are really excited to be a part of it for the future”; and “I think it is awesome we are considering females in all our sports and encouraging younger women to join in”. Council was also asked to support clubs by providing more club development opportunities and links to community organisations (Action 1.9).

5.8 The community feedback included comments about the participation of trans women in sports clubs. As competition regulations and game day rules are determined by State Sporting Associations and leagues, this is considered out of scope of the Policy. However, Council’s LGBTIQA+ Action Plan 2023-26 has been referenced in the Policy to highlight Council’s view that sports clubs should be inclusive off all genders: “As per our LGBTIQA+ Action Plan 2023-26, Council supports sport clubs to be inclusive of all genders and those who are gender diverse”.

5.9 Action Plan feedback shows that the community wants Council to support clubs that do not have adequate facilities for women and girl’s participation in sport, and to ensure funds are being equitably allocated.

5.10 Feedback also requested that clubs based in Albert Park should be considered in the Action Plan. As these clubs are managed by Parks Victoria, action 1.5 identifies Council’s role in supporting these clubs.

5.11 The full engagement report can be found in Attachment 3.

6. LEGAL AND RISK IMPLICATIONS

6.1 Due to requirements from the State Government, if a Fair Access in Sport Policy was not developed and endorsed by Council before July 2024:

· Council would not be meeting its requirements under the Gender Equality Act 2020 to work towards achieving gender equality when delivering policies that impact the public

· Access to sport and recreation for women and girls within the Port Phillip community would continue to be inequitable, contributing to unbalanced gender norms and poorer health and wellbeing outcomes.

· Council would not be eligible to receive State Government funding for sport and recreation capital works and open space projects or delivery of health and wellbeing programs. The impacts of this would mean that Council, alongside sports clubs, would solely be reliable to budget for all upcoming major capital projects.

7. FINANCIAL IMPACT

7.1 The adoption of this Policy will mean that Council remains eligible for State Government funding for sport and recreation infrastructure and programs.

7.2 Once adopted the Policy and Plan will help inform and prioritise future sport related projects within the municipality, and associated budgets would be considered through the formal Council Budget process.

8. ENVIRONMENTAL IMPACT

8.1 The Policy and Action Plan will be implemented in consideration of minimising environmental impacts and making informed decisions to maximise use of community facilities.

8.2 The Policy aims to result in an increase of women and girls participating in sport which could result in an increase in grounds usage (and therefore maintenance), lights usage, and an increase in transport as participation increases. It could also positively impact the environment as more women and girls are active resulting in other active modes of transport such as walking, running and cycling.

8.3 In developing capital infrastructure upgrades for community sport, sustainable practices and design will be considered in line with Council’s Act and Adapt Policy considering water, greening and other sustainable practices

9. COMMUNITY IMPACT

9.1 The Policy and Plan will demonstrate Council’s support of gender equality and advocacy for fair access in sport.

9.2 The Policy recognises the important role Council plays to deliver sport and recreation facilities for community benefit and engaging women and girls to participate in sport or active opportunities.

9.3 The community impact associated with adopting the Policy is that it will:

· Increase opportunities for women and girls to participate in sport.

· Improve the access to, and use of, community sports infrastructure for women and girls.

· Ensure all sports clubs are considering the role they play in supporting gender equality.

· Support the broader community by ensuring value is placed on women and girls and therefore playing a role in shifting negative attitudes towards women.

· Bring awareness to the inequities that exist for women and girls in sport which will bring about change and challenge social norms which can play a role in preventing gendered violence.

· Support the goal that by 2027, more women and girls in the City of Port Phillip report equitable access to community infrastructure and improved experiences participating in sport as a result of implementing the Fair Access in Sport Policy.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 The Fair Access in Sport Policy and Action Plan aligns with Strategic Direction 1 – Inclusive Port Phillip.

10.2 Specifically, these documents support the following action in the Council Plan - We will work with sport and recreation providers to improve access and gender equality within their programs.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

From July 2024 onwards:

11.1.1 Implementation of the Fair Access in Sport Action Plan commences, with various timelines for each action – short term (2025), medium term (2026), long term (2027) and ongoing. Council will also work with clubs to determine specific goals for each sports club and to continue to track and monitor progress of how these actions are being addressed and achieved.

11.1.2 Council will be eligible to receive Victorian Government community sport infrastructure funding.

11.1.3 Council will continue to monitor compliance and submit Progress Reports as part of Gender Equality Act (2020) requirements

11.1.4 The Policy will be reviewed in 5 years, with ongoing monitoring and data to monitor its progress each year.

11.2 COMMUNICATION.

11.2.1 Once the Fair Access in Sport Policy and Action Plan is endorsed, community sports clubs will be informed of the outcome.

11.2.2 Council’s Have Your Say page will be updated and respondents during the consultation period will receive updates

11.2.3 A Women in Sport breakfast event will be hosted mid-June 2024, this will provide an opportunity to further celebrate and share the launch of the Fair Access in Sport Policy and Action Plan.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

1. DRAFT Fair Access in Sport Policy⇩

2. DRAFT Fair Access in Sport Action Plan⇩

3. DRAFT Fair Access in Sport Policy and Action Plan
Engagement Report ⇩

Meeting of the Port Phillip City Council

5 June 2024

11.1

Draft Urban Forest Strategy - for Engagement

Executive Member:

Tarnya McKenzie, Interim General Manager, Community Wellbeing and Inclusion

PREPARED BY:

Jennifer Witheridge, Urban Forest Planner

Dana Pritchard, Manager Open Space Recreation and Community Resilience

1. PURPOSE

1.1 To present the draft Urban Forest Strategy to Council for endorsement to go out for community engagement.

2. EXECUTIVE Summary

2.1 We are developing a new Urban Forest Strategy, which will replace the Greening Port Phillip: An Urban Forest Approach Strategy 2010. Attachment 1: Draft Urban Forest Strategy (UFS)

2.2 The new UFS will build on the achievements of the existing strategy and incorporate more advanced urban greening practices. It will set a vision to 2040, a direction to work towards, and a set of shared principles, to guide the decisions and actions we take to achieve the vision.

2.3 The new UFS will be delivered through a set of five-year action plans, to achieve the longer-term goals. A monitoring and review process and new action setting is structured into each five-year period.

2.4 The objectives, measures, and action plan have been developed through benchmarking, research and community feedback.

2.5 The strategy includes the following objectives:

Increased canopy cover on public and private land for a liveable, sustainable and vibrant city

Cooler and greener city which is more climate ready (or resilient) to face more extreme weather and changes in rainfall.

Our community is engaged, and trees and plants are valued and we build partnerships to green our urban environment across all land types.

A well-managed forest, including healthy trees and tree quality, pest and disease management and succession planning for iconic species and locations

A biodiverse urban forest with diverse species, healthy ecosystems, and habitat

2.6 Targets are set for canopy cover on streets and in parks and reserves, tree health and diversity, community initiatives, interventions for permeability including in heat vulnerability hotspots and for biodiversity. Other targets including canopy on private land and overall canopy cover will be set following certainty with the ESD Planning Scheme Amendment is achieved.

2.7 The actions in this draft strategy are developed to target areas of urban forest growth, management and maintenance that are essential to achieve our 2040 vision and objectives.

2.8 For year one the action plan will be delivered within the current budget envelopes, including capital projects, maintenance and operational. Further funding will be considered in year two through the Council Plan and Budget development process.

2.9 In year one the focus will be on enhancing current planting and establishing programs for future years. Including targeting infill programs and improving greening outcomes in capital programs.

2.10 It is expected that will we plant 1,500 trees and 50,000 biodiverse vegetation annually as part of the delivery of this strategy. This includes greening in capital projects.

2.11 Significant community engagement has been undertaken in the development of the strategy to this point, with feedback being largely very positive.

3. RECOMMENDATION

That Council:

3.1 Releases the draft Urban Forest Strategy for community consultation.

3.2 Authorises the CEO, or their delegate, to make amendments to the draft Urban Forest Strategy to reflect any changes through this resolution and to make minor editorial adjustments to prepare the document for consultation.

4. KEY POINTS/ISSUES

Background

4.1 The City of Port Phillip was one of the first Councils to develop its existing Greening Port Phillip: An Urban Forest Approach Strategy 2010 (GPP).

4.2 Since that time, urban forestry and urban greening have been recognised globally as a means to manage Urban Heat Island (UHI), water quality, improve health outcomes and as an important contributor for biodiversity, ecosystems and habitat.

4.3 We are now developing a new Urban Forest Strategy (UFS).

4.4 The new UFS will deliver an integrated, long-term framework to guide the planning, provision, protection, integration, and management of the urban forest across Port Phillip. The new UFS will have a timeframe out to 2040 with regular review and evaluation periods.

4.5 The UFS is being developed in three stages:

· Stage 1: Current State (complete)

· Stage 2: Strategic Directions (complete)

· Stage 3: Policy Development (in progress).

4.6 On 1 November 2023 Council adopted the following Strategic Directions, which have formed the basis for the UFS development.

Our 2040 Vision

In the City of Port Phillip, urban greening is healthy and abundant, biodiversity is valued and supported, and nature connects community.

Our shared principles

Collectively with Council, community, and industry partners:

1. We retain first, respecting established character, and adapt by adding more resilient plant species where they are most needed to reduce heat and flood vulnerabilities.

2. We invest in thriving integrated urban greening in streetscapes, buildings, parks, and gardens.

3. We work together to value, protect, grow and care for healthy and sustainable greening in streets, parks, gardens and private land.

4. We prioritise biodiversity, supporting healthy ecosystems and creating habitat.

5. We value the urban forest as a long-term asset that is critical to the health and wellbeing of our community and to our City’s character and function, through quality design, construction and maintenance.

4.7 A number of reports were commissioned to inform this work including benchmarking, vegetation, tree and biodiversity reports. They can all be found on the document library on the project’s Have Your Say page - Urban Forest Strategy - Background Reports.

4.8 The Urban Forest Strategy 2040 Background and Benchmarking Report has been updated and will be released with the Draft Urban Forest Strategy for the community engagement. Attachment 2: Urban Forest Strategy Background and Benchmarking Report – June 2024 Update.

Delivery Plan

4.9 The strategy will be delivered with long-term outcomes and short-term action plans. The short-term action plans will be delivered in five-year intervals, to recognise that the sooner green assets are planted the sooner they will grow and lead to outcomes.

4.10 At the five year point a new action plan will be developed to continue to progress towards the long-term targets. This will mean we can build on what we have achieved and include any new industry best practice in the next action plan.

4.11 Guided by our principles, the measures and actions in the strategy are developed to target areas of urban forest growth, and management and maintenance that are essential to achieve our 2040 vision and objectives.

4.12 This Strategy builds on existing work and ongoing activities across Council divisions crucial to current success that need to continue (e.g., annual planting, depaving program, community greening activities).

4.13 There are also crucial elements, such as sustainability, asset and public space management, which are directed by other strategic documents.

Measures, Baselines, Targets and Actions

4.14 Each of our objectives are partnered with measures, baselines, targets and actions.

4.15 The following were considered when developing Strategy measures and targets:

· Our tree canopy baseline data is from 2022, and heat island baseline data is from 2018, and is contingent on DEECA review periods.

· Initial canopy growth is slow as new trees take time to establish and grow. This will mean that in five years when we measure our targets there may not be much canopy increase. However, if we plant enough trees over the next five years the canopy is expected to reach the long-term targets on streets and public space.

· It is difficult to set a 2040 overall canopy target without a better understanding of what is happening on private land (which makes up 49% of our municipality) and non-council managed public space (such as Albert Park Lake). A big influence on private canopy cover will come through the ESD Planning Scheme amendment, a favourable outcome will give improved certainty to be able to model canopy cover of private land. Due to this the overall canopy target and private land canopy cover target has not been included at this point and will be developed as the information becomes available. As private land canopy cover varies between neighbourhoods, the overall/private land canopy cover targets will be developed as urban forest precinct plans are developed.

· Some long-term targets will also be set once the precinct plans are developed, and biodiversity mapping has occurred. These plans will identify all planting locations/opportunities and areas where trees/vegetation cannot be planted (middle of roads, sports grounds, over services, under powerlines, near street corners etc).

· There are also some gaps in data, without which a baseline cannot be set, this includes the overall health of our trees and survival rate of new trees. While we work towards the baseline data for these areas, we are able to set the target of where we need to be in 2029 (85% healthy and surviving).

4.16 The draft strategy includes actions underway and new actions. It also recognises that continuing to deliver our everyday operational programs of work are essential to building a greener city.

4.17 Actions are a combination of direct on-ground greening actions (e.g. expand habitat corridors), enabling (support for planting on private land), advocacy (aerial powerline bundling), policy, supportive (e.g. review & improve establishment process of new vegetation planting) and strategic (e.g. develop precinct plans which will improve outcome of an existing core function street tree planting).

Key Greening Challenges

While developing the strategy the following key issues were identified:

4.18 Increasing canopy cover can provide the highest benefits for the urban forest. We aim to achieve this through maximising our opportunities with additional street tree planting, filling empty tree plots, good succession planning and additional planting in parks and reserves, and improved green outcomes in our capital works programs.

4.19 Planting for the future: Recognising that the sooner green assets are planted, the sooner the benefits will be realised. The strategy includes actions for better identification of sites through - improvements to the infill planting program; delivery of the new Street Tree Planting Program; delivery of the new Foreshore and Hinterland Vegetation Management Plan (FHVMP) and development of Precinct Greening Plans.

4.20 There are also some gaps in the distribution of greening across our City, and we aim to achieve improved tree canopy in each neighbourhood and where we need it most. This may not look the same everywhere.

4.21 Social justice is also a critical greening issue because higher levels of disadvantage are generally correlated with lower levels of greening and higher levels of urban heat. We can provide greater equity by focusing on high heat vulnerable areas and in key pedestrian areas, to make walking, cycling, and catching public transport comfortable and to ensure our parks are cool and shady.

4.22 The importance of advocacy, education and planning controls as over 49% of land in the municipality is not managed by Council (private residences, Albert Park Lake, Transport corridors, and Schools), and regulations around infrastructure restricts planting. Many of these spaces have decreasing canopy cover.

4.23 Increasing planting and canopy on private property is a key challenge for the strategy. The potential amendments to the ESD Planning Scheme will assist. The amendment includes: Green infrastructure – which involves the implementation of green infrastructure design measures, including tree canopy retention, amelioration and plating of appropriate species, to positively contribute towards the ecological value, biodiversity, health, and public realm amenity of a development, as well as, societal and communal impacts.

Budget

4.24 The annual Greening Port Phillip capital program and Parks operational budgets will focus on funding the delivery of the strategy.

4.25 However, there are a number of programs that will significantly fund greening across the municipality. These include:

· Capital Works Projects – including Shrine to Sea; Gasworks Arts Park Upgrade; Lagoon Reserve; Pakington Street expansion; Johnson Street Park; Danks Street; Elwood Foreshore Masterplan and the conversion of the Australia Post Site.

· Minor Capital Works – dune fencing etc.

· Footpath Renewals – which will include funding for depaving and new nature strips

· Transport Projects – Inkerman Street and Bank Street

· Sustainability Projects will also deliver projects which will enhance greening outcomes and integrated water management.

5. CONSULTATION AND STAKEHOLDERS

5.1 Extensive community engagement has been undertaken in the development of this Strategy and Action Plan. Including:

· Have Your Say Surveys

· Precinct Community Workshops

· Mayors Round Table

· Neighbourhood conversations

· On-Site Pop Ups

· The Bunurong Land Council

5.2 Engagement reports can be found on the Have Your Say Page - Urban Forest Strategy Engagement

5.3 The final round of community engagement is scheduled in June and will continue into July. Engagement activities will include opportunities to give feedback on the draft strategy, and general information and education about our urban forest. Planned activities include:

· Information on the HYS page,

· A feedback form on the HYS page,

· In person booked sessions

· Social media campaign to advertise the engagement.

· Posters advertising the strategy engagement at key locations throughout the City

· Option for a community planting event (subject to timing and resources)

6. LEGAL AND RISK IMPLICATIONS

6.1 No significant legal implications identified.

6.2 The UFS will include measurable outcomes and timeframes for Council to monitor the progress of the delivery of each action in the strategy. 

7. FINANCIAL IMPACT

7.1 Most actions can be delivered within current budget envelopes including – Greening Port Phillip Capital Program, Parks, Maintenance, Minor Capital works and Urban Forest Planning Team.

7.2 The current actions are developed for a 5-year time frame with a review period and new action development.

7.3 As precinct plans and further targets are developed it is expected that further funding may be required.

7.4 In year four (4) program funding will be focused on the next round of mapping and data collection to test our progress and set a new action plan for years six (6) to 10.

7.5 There is an option to increase funding from year two/three to enhance planting in those years as the precinct plans start to be developed. This would increase canopy, vegetation and biodiversity sooner to enhance our current urban forest and therefore improving outcomes for our future urban forest.

7.6 Any requests for additional funding will be considered through future annual budget processes and will be linked to any future targets set.

7.7 The implementation of this strategy will increase tree numbers and areas of vegetation which will likely require increases in maintenance budgets over time.

8. ENVIRONMENTAL IMPACT

8.1 The UFS aims to:

· Increase canopy cover on streets to 30%

· Plant 1500 trees annually

· Plant 50,000 biodiverse vegetation per annum that support biodiversity

· De-pave 19,000sqm of non-permeable surfaces

8.2 Habitat loss and fragmentation is a main factor in the decline and disappearance of many species in Port Phillip and throughout Australia. Protecting and enhancing the biodiversity throughout Port Phillip benefits local plants and wildlife and encourages our urban forest to become more balanced, resilient and vibrant. The UFS will ensure that Council can protect and enhance our urban forest in the face of these challenges.

8.3 In Port Phillip, our urban forest is made up of all the trees and plants on public and private land and this is vital to maintaining comfortable urban environments for humans and non-humans alike. The UFS will ensure that Port Phillip has an urban forest that provides shade and cooling benefits, helping to mitigate the Urban Heat Island effect; supports biodiversity and wildlife with a diverse range of vegetation that helps support local wildlife and maintain our local ecosystems; and cleans our air and waterways.

8.4 The shared principles will ensure that the UFS has positive environmental impacts for Port Phillip, by protecting established trees, strengthening our City’s climate resilience, strengthening food security, encouraging a variety of plant species and reclaiming space for greening.

8.5 The new UFS will build upon the positive environmental impacts that Greening Port Phillip (GPP) has achieved, including an increase in tree canopy on public land, a decrease in loss of tree canopy on private land and the expansion of the concept of the ‘urban forest’ to include all vegetation on public and private land.

9. COMMUNITY IMPACT

9.1 The Urban Forest Strategy aims to create benefits across the community including:

· Reduction in Urban Heat Island Effect (cooling communities)

· Improving biodiversity and ecosystems

· Greening outcomes to mitigate against flooding

· Education programs to improve greening and outcomes for plants, birds, animals and insects

· Improve amenity, sense of place and opportunities for community connections

· Improved health and wellbeing outcomes

· Increased opportunities for community-led greening

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Council Plan 2021-31

Sustainable Port Phillip - Port Phillip has a sustainable future, where our environmentally aware and active community benefits from living in a bayside city that is greener, cooler, cleaner and climate resilient. 

We will provide - Urban forests to increase tree canopy, vegetation, greening and biodiversity and reduce urban heat, in line with Council’s Greening Port Phillip and Act and Adapt Strategies prioritised within available budgets each year 

10.2 Delivery of the UFS is a short-term action within the Places for People Public Space Strategy 2022-32.

10.3 The UFS aligns with the Act and Adapt: Sustainable Environment Strategy 2018-2028 (A&A). Council have recently reviewed the A&A and to ensure that there are matching targets in each strategy, the UFS targets will be added to A&A post adoption.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

11.1.1 Make final changes post engagement and bring Urban Forest Strategy for formal adoption in August 2024.

11.2 COMMUNICATION

11.2.1 The results of the engagement will be posted on the project’s Have your Say web page.

11.2.2 The draft budget will be brought to an open Council meeting for adoption in August 2024.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

1. Draft Urban Forest Strategy⇩

2. Urban Forest Strategy - Background and Benchmarking Report - June 2024 Update⇩

Meeting of the Port Phillip City Council

5 June 2024

11.2

Community Electric Vehicle(EV) Program

Executive Member:

Brian Tee, General Manager, City Growth and Development

PREPARED BY:

Sowmya Nagaraj, Senior Sustainability and Climate Change Officer

Beth McLachlan, Head of Sustainability and Climate Change

1. PURPOSE

1.1 To recommend options to progress the delivery of the Community Electric Vehicle (EV) Program.

2. EXECUTIVE Summary

2.1 Demand for electric vehicles (EVs) in Port Phillip is growing, but uptake is hampered by the lack of charging infrastructure, residents without off-street parking, and in multi-unit apartment blocks cannot install private chargers on their property.

2.2 Council is supporting the uptake of EVs by investigating, trialling and facilitating the installation of public and private charging infrastructure and removing barriers to charging infrastructure in developments (Act and Adapt Sustainable Environment Strategy 2023-28, Initiative 30).

2.3 Council is working with providers to install fast public charges and pole-mounted chargers and has received an MoU from a provider (EVX Pty Ltd) to investigate pole-mounted chargers. Over 50 sites are being assessed for technical feasibility.

2.4 Due to the absence of public charging infrastructure, and to support residents with no off-street parking access private EV charging, Council in mid-2021 endorsed a pilot to permit up to 10 EV charges in the public footpath for individual households. Between March 2022 and February 2024 eight private chargers were installed.

2.5 The pilot demonstrated that private EV charges can fill a gap until public chargers are delivered. However, an independent review found that the program can only be accessed by a small portion of the community, is resource intensive for Council to administer and had several risks for Council. The identified risks associated with private EV infrastructure include liability and insurance concerns, potential constraints to future Council public works on Council roads and footpaths, lack of competition in procurement, and the appropriateness of Council’s local laws to facilitate the installation of private EV chargers on a permanent basis. The potential impact of these risks increases as more charges are installed.

2.6 Subsequently, at the 1 May 2024 Council meeting (Attachment 1) Officers recommended only progressing with the delivery of public charging infrastructure and not proceeding with the private EV charger pilot. At the meeting, Council deferred consideration of the private EV charger pilot resolution to the 5 June 2024 meeting.

2.7 In response to the Council resolution on 1 May 2024, Officers further examined options for continuing to permit private EV chargers and progress public chargers. This report considers three options.

2.8 Option 1 is to cease the private kerbside EV charger pilot and focus on public EV infrastructure initiatives. While Council is yet to deliver public EV chargers, a public EV charging model is a better policy outcome. This option is recommended because of limited Council resources and the risks and limitations associated with a private model.

2.9 Option 2 involves Council continuing with private EV charging and progressing public infrastructure. Under option 2, existing Council resources would focus on delivering public infrastructure and an additional $80,000 is required for 2024/25 to partially offset the cost of continuing with the private infrastructure model ($50k for staff (0.4FTE) to administer applications, and $30k for legal and other advice). Funding for 2025/26 will be considered as part of the 2025/26 budget process.

2.10 Under the trial of private EV Chargers, Council relied on Council’s Local Law (Clause 28) to permit private EV chargers. Council‘s legal advice is that, Clause 28:

2.10.1 is not intended to regulate the installation, use and ultimate removal of EV chargers.

2.10.2 is unsuited for regulating assets of a more permanent nature.

2.10.3 cannot address all issues of risk and liability (considered below).

2.11 The legal advice is that, should Council pursue private EV chargers on a more permanent basis, a combination of a new bespoke local law, EV charger policy and/or the use of Section 121 Agreements (recorded on a property title) should be considered.

2.12 The implementation of Section 121 Agreements will add significant costs to the permit applicant and Council. Similarly, a new local law is a resource intensive legalistic process that will require extensive community engagement and 18 months to 2 years to complete. Instead, to mitigate the risk associated with the current local law, this report recommends that the delivery of private EV infrastructure should be a timebound temporary measure pending the delivery of public EV infrastructure.

2.13 Council’s legal advice and an independent report identified other risks to Council and the community associated with the delivery of private infrastructure projects. To help manage the identified risks (as detailed in section 6.2) the following requirements are recommended:

· To manage limited Council resources and noting that demand for private EV chargers is uncertain, Council would consider permit applications in batches. New calls for applications will be made as existing batches are completed. Under this approach, if there is a large number of applications, there may be delays meeting demand. The adequacy of the funding will be considered as part of the 2025/26 budget or earlier if applications cannot adequately be assessed with existing resourcing. Officers will continue to investigate ways to make the assessment process more efficient.

· In response to Council’s legal advice that existing local laws are not designed to permit permanent private charger infrastructure, it is recommended that Council review the need for private EV infrastructure after 4 years OR the installation of 100 private EV chargers to see if private EV chargers are still necessary or if Council can stop supporting private EV chargers because there are viable alternative public charging models.

· Permits will be renewed annually, with audits to ensure compliance of permit conditions. Permit renewals could be declined if the location of private EV chargers constrains Council works on Council roads and footpaths.

· Permit holders will be strongly encouraged to hold appropriate insurance cover and are made aware by Council of the risks and their legal liability in the absence of appropriate cover.

· All current and future permit holders will be required to register their chargers with Before You Dig Australia and renew their registration as required.

· Applications for properties in flood prone areas, will not be considered until relevant authorities’ recommend approval.

· To partially offset Council costs, permit application fees to be increased from $132 to $500 (with changes considered as part of the annual council budget process). Noting that this will not significantly recover the costs to Council to assess and enforce permit applications. All other fees outlined above remain the same.

· Under the pilot a bond of $500 is paid and refunded within upon completion of installation and reinstatement of footpaths as per Council standards. A separate bond of $500 is recommended to ensure removal of charger and reinstatement of the footpath. The bond value will be assessed and increased if required based on site conditions.

2.14 Option 3 is for Council resources to be allocated to deliver private EV charger infrastructure (only). This option delays the delivery of public charging infrastructure which has a greater public benefit compared to private EV chargers. Conditions for Private EV chargers identified in option 2 above will be applied to this option.

Recommended option

2.15 In the absence of public EV charger infrastructure, private EV charger infrastructure provides access to EV chargers to a small section of the community. However, an independent review of the private EV trial found that the delivery, installation, operation and removal of private EV infrastructure is resource intensive for Council and imposes risks for Council. The independent review recommended that Council discontinue the EV charger pilot and focus on public EV charging infrastructure that will benefit a greater proportion of the community.

2.16 In this report officers have considered ways to mitigate the risks imposed by private EV chargers and considered the resources required to deliver both public and private EV infrastructure. However, in view of the ongoing risks associated with EV chargers and the requirement for additional resources to administer both public and private EV charger infrastructure, this report recommends that Council only pursue Option 1, Public EV infrastructure.

3. RECOMMENDATION

That Council:

3.1 Notes the decision at the 1 May 2024 Council meeting to “support the continued exploration and installation of on-street Public Utility Pole-Mounted and Kerbside EV Charger technology including using the following criteria to determine the locations for on-street EV Chargers:

3.1.1 Prioritise street locations outside Permit Zones unless the Permit Zone street has no access to off-street parking and there is high demand for EV chargers.

3.1.2 Consider safety implications in determining the location of on-street EV Chargers.

3.1.3 Prioritise the spread of locations across the City of Port Phillip to provide access to EV charging across the municipality.

3.1.4 Consider the outcome of community engagement with residents in the streets where on-street EV chargers are proposed to be installed.”

3.1.5 And delegates authority to the CEO to enter agreements with EVX Pty. Ltd to deliver public EV charging infrastructure based on above endorsed criteria.

3.2 Authorises the CEO or their delegate to enter agreements with public EV charger providers that meet the criteria in 3.1.

3.3 Endorse the discontinuation of the private electric vehicle (EV) charger pilot and cease accepting new permit applications and will:

3.3.1 Allow the permitted private chargers to remain for a minimum five years, starting from the date of their installation subject to compliance with permit and other conditions.

3.3.2 Undertake a review prior to the expiry of the 5 year permit period to determine if the permits should be extended and, if yes, for how long.

4. KEY POINTS/ISSUES

4.1 Of Port Phillip’s community greenhouse gas emissions, 13% come from transport releasing 172,000 tons of CO2 annually. 82% of dwellings in Port Phillip have at least one car. Vehicles powered by fossil fuels contribute significantly to urban air pollution which impacts human health.

4.2 Council’s commitment in the Act and Adapt Sustainable Environment Strategy 2023-28 is to ‘accelerate support for the uptake of electric vehicles (EV) in the community by investigating, trialling and facilitating the installation of public charging stations, private charging infrastructure and removing barriers to charging infrastructure in new developments and existing buildings’. (Initiative 30)

4.3 Electric vehicle ownership is growing and the number of EVs registered in Port Phillip has almost doubled since 2019 with almost 340 EVs registered in 2022. Independent consultants estimate that demand for EVs in Port Phillip will continue to accelerate. (source: Institute of Sensible Transport 2023)

4.4 In Port Phillip, it is estimated that 90% of dwellings may have challenges charging EVs at their homes, due to limited off-street parking and limited access to infrastructure in multi-unit dwellings.

Timeline
May 2024	Council considered the Private Kerbside Electric Vehicle (EV) Pilot and the Public Utility Pole-mounted and Kerbside Chargers resolved that: · Council defer consideration of the Private Kerbside Electric Vehicle (EV) Charger Pilot to the 5 June Council Meeting. · Council support the continued exploration and installation of on-street Public Utility Pole-Mounted and Kerbside EV Charger technology.
November 2023	Council endorsed the Act and Adapt Sustainable Environment Strategy 2023-2028 and committed to support uptake of EVs and explore installation of public charging stations in CoPP. (Initiative 30)
November 2021	Council supported Public Fast EV charging project and an agreement with preferred supplier EVIE Networks.
September 2021	Council endorsed the Kerbside EV Charger Pilot to permit up to ten residents with no off-street parking to install private kerb chargers.
June 2018	Council’s 2018 Act and Adapt Sustainable Environment Strategy committed to support uptake of EVs and explore installation of public charging stations in CoPP. (Action 21)

4.5 The status of key projects underway within the Community EV program include:

4.6 Public Utility Pole-Mounted and Kerbside EV Charger Project (11kW - 22kW)

4.6.1 Council supported the exploration and installation of on-street Public Utility Pole-Mounted and Kerbside EV Charger technology in May 2024. Council adopted the following criteria to locate on-street EV Chargers:

· Prioritise street locations outside Permit Zones unless the Permit Zone Street has no access to off-street parking and there is high demand for EV chargers.

· Consider safety implications in determining the location of on-street EV Chargers.

· Prioritise the spread of locations across the City of Port Phillip to provide access to EV charging across the municipality.

· Consider the outcome of community engagement with residents in the streets where on-street EV chargers are proposed to be installed.

4.6.2 Installation of utility pole-mounted public chargers may not require specific licences / lease agreements as they are installed on poles owned by Distribution Network Service Providers (CitiPower/Powercor/United Energy). Council’s role is engagement with the community as part of the approval to access adjacent parking bays and manage changes to parking restrictions.

4.6.3 Utility pole-mounted public chargers have been installed in NSW Councils (Northern Beaches Council, City of Newcastle, and others). In Victoria, Bayside, Merri-bek, Yarra and Stonnington Councils are exploring utility pole-mounted chargers.

4.6.4 Council is working with Intellihub, who received a grant of $1.35m from the Victorian Government’s Zero Emissions Vehicle Emerging Technologies (ZEVET) program to install 100 EV chargers mounted on power poles across three inner city local government areas, including the City of Port Phillip.

4.6.5 Council is working with EVX Australia Pty Ltd to investigate pole-mounted chargers. Council has received an MoU from EVX. Under this MoU, council’s obligations are to:

· Facilitate changes to parking, signage and line marking for the mutually agreed sites.

· Undertake community engagement to inform and obtain feedback on proposed sites for installation of pole-mounted EV chargers.

· Provide data and reporting on the installed chargers including community feedback to EVX.

4.6.6 Over 50 sites have been shortlisted and are being assessed for technical feasibility by the two suppliers (EVX and Intellihub).

4.6.7 Costs associated with implementing Council’s obligations under the MoU to deliver pole-mounted chargers can be funded from within the existing Community EV Program budget. (see section 7.1)

4.6.8 Noting that the Council obligations under the EVX MoU are aligned with the criteria adopted by Council at its 1 May 2024 meeting and that Council’s obligations can be delivered with existing resources, this report recommends that Council delegates to the CEO approval to enter into the MoU.

4.7 Public Fast EV Charging Infrastructure Project (50kW -120 kW)

4.7.1 Council supported an agreement with a preferred supplier of EV charging (EVIE Networks) to install public ‘fast’ charging infrastructure at no cost to Council in November 2021. This project focuses on investigating off-street car parks on Council and Crown land.

4.7.2 The installation of public EV charger infrastructure requires a lease and / licence with the EV charging suppliers to install public EV chargers in Council off-street car parks. This mechanism has been applied in several Australian LGAs to install public EV infrastructure on public car parks.

4.7.3 Officers are working with EVIE Networks to investigate two locations on Council and Crown land viable locations for EV charging infrastructure including resolving issues such as flooding risk, upcoming redevelopment, inadequate power supply and Crown land leases. The outcome of the technical suitability investigations is expected in 2024.

4.8 Private Kerbside Electric Vehicle (EV) Charger Pilot (7kW)

4.8.1 Council endorsed the Private Kerbside EV Charger Pilot on 1 September 2021. The pilot offered residents without off-street parking an opportunity to charge their EV outside their home using their own electricity. The pilot permitted the installation of up to 10 kerbside charger units.

4.8.2 The pilot received fifty Expressions of Interest and twelve applications were submitted between March 2022 and February 2024.Two applications were rejected due to their location within a flood zone and ten applications were approved with permits issued. Eight chargers have been installed to date.

4.8.3 Users of the pilot chargers are reportedly satisfied with the infrastructure which provides convenient access to a charger.

4.8.4 Council engaged the Institute of Sensible Transport to review the pilot. While the report (Attachment 2) found some benefits, the overall recommendation was that ‘the pilot cease accepting new applications and all resources be reallocated towards facilitating a public charging network.’

4.8.5 The report found that the Pilot limited Council’s ability to meet its objectives to support the ‘whole’ community to access EV charging infrastructure. Instead, the report recommended public EV charger initiatives because they might have broader application; demonstrate greater capability to respond to the anticipated uptake in demand; are less complex to administer and do not involve the same degree of legal complexity and risk. Identifying and addressing risks and complexities is detailed in section 6.2.

4.9 Officers identified three options for the future delivery of the EV charging infrastructure.

OPTION 1 (recommended)

Focus exclusively on public EV chargers & cease private EV charger installations

OPTION 2

Pursue both public EV charging infrastructure and private EV charger models

OPTION 3

Focus exclusively on private EV chargers and cease development of Public EV charging models

Detail

Continue working with providers to install public EV charging stations.

Continue to collaborate with public EV charging providers and accept private EV charger applications.

Continue to assess private EV charger applications to enable individuals to install private EV chargers

Risks

Refer section 6 for more detail

1. Some risks associated with permitting infrastructure on Council land can be mitigated through agreements and insurance held by public providers.

2. Focusing only on public charges means the community will have limited EV charging infrastructure option until public chargers are delivered.

1. Without additional resources, delivery of private charging will continue to delay delivery of public charging programs.

2. Council’s legal advice recommends that Council not pursue private EV chargers on a permanent basis.

3. Specific risks outlined in Options 1 and 3 also apply to Option 2

1. Council's legal advice is that the current mechanism to permit private chargers on Council footpaths is not appropriate for more permanent assets.

2. Further delaying publicly accessible pole-mounted and fast charging will make it difficult for most of the municipality to access EV charging infrastructure.

3. Increased risk from legacy EV chargers: management of abandoned chargers in the longer term, impact on proposed Council footpath and street works.

Benefits

Enables broader community access to EV charging infrastructure. One charger can service a number of users.

Benefits of 1 and 3 apply.

Provides a convenient charging option for an eligible individual households to charge a vehicle on a parking bay outside their property.

Next steps

Public EV charging model

Council enters MoU with EVX to progress Public EV chargers and continues to work with Intellihub and Evie to finalise site locations.

Public infrastructure model is developed, tested and implemented.

Private EV charging model

Discontinue the private electric vehicle (EV) charger pilot and cease accepting new permit applications and:

o Allow the permitted private chargers to remain for a minimum 5 years, starting from the date of their installation subject to compliance with permit and other conditions.

o Undertake a review prior to the expiry of the 5 year permit period to determine if the permits should be extended and, if yes, for how long.

As per option 1 and 3.

Assess and where appropriate approve private EV charger permit applications.

Private EV charging permits will be renewed annually and a review will be undertaken after 4 years, OR when 100 chargers have been installed or sooner if there are adequate alternative public EV chargers are available.

Adoption of an appropriate mechanism to deliver private chargers to mitigate risks. Refer section 6.2.4

5. CONSULTATION AND STAKEHOLDERS

Each Community EV Program project has involved project specific engagement with stakeholders:

5.1 Public Utility Pole-Mounted and Kerbside EV Charger Project

5.1.1 Officers:

· Engaged with councils in NSW that participated in a Utility Pole-Mounted Charger Trial to consider key learnings.

· Had ongoing discussions with charging technology providers Intellihub and EVX to identify opportunities.

· Advocated to regulatory authorities and the Victorian Government (DECCA) to enable faster resolution of issues.

5.1.2 In November/December 2023 Council undertook community consultation via our ‘Have your say’ webpage to seek suggestions on the locations of utility pole-mounted EV chargers. Council heard from 89 contributors mostly from Port Melbourne, St. Kilda and South Melbourne. 173 locations were suggested and 51% of respondents suggested more than one location.

5.2 Public Fast EV Charging Infrastructure Project

Officers have:

5.2.1 Engaged across Council to identify opportunities, risks, future plans of potential sites for public EV charging.

5.2.2 Ongoing discussions and advocacy to Melbourne Water and the Victorian Government (DECCA) regarding flood impact, risks, safety and regulations associated with EV chargers.

5.2.3 Discussions with EVIE Networks regarding potential opportunities and learnings.

5.2.4 Investigated private partnership opportunities with Ampol, Coles, etc to facilitate public EV charging.

5.3 Private Kerbside Electric Vehicle (EV) Charger Pilot

Officers have had:

5.3.1 Updated the webpage (Electric vehicles - City of Port Phillip) regularly to include the key messages and latest information regarding the pilot.

5.3.2 Communicated the eligibility requirements, application process and timeframes for permit decisions to the community (including applicants) and the supplier of the private charging technology.

5.3.3 Provided information in response to enquiries from residents on the pilot.

5.3.4 Continued discussions with Council’s insurance broker, MAV on insurance related matters.

5.3.5 Obtained legal advice on Council’s risk exposure due to kerb chargers and the process of permitting private infrastructure on Council footpaths on a permanent basis.

6. LEGAL AND RISK IMPLICATIONS

6.1 Public EV charging projects (Utility Pole-Mounted, Kerbside and Fast Chargers)

6.1.1 The public EV charging projects have experienced ongoing delays due to complex negotiations between preferred suppliers and Distribution Network Service providers (CitiPower/ Powercor/ United Energy) to approve installation of EV chargers on utility poles.

6.1.2 Several off-street car parks are not appropriate locations for installation of EV chargers due to risk of flooding and associated public safety risks. A lack of appropriate Victorian Government policy/guidance means that only sites not impacted by flood overlays are being considered.

6.1.3 Installation of public EV chargers could hamper redevelopment proposed for carparks. This risk can be mitigated by entering leases/ licences with providers with an appropriate termination clause.

6.2 Private Kerbside Electric Vehicle (EV) Charger Pilot

6.2.1 The private kerbside electric vehicle charger pilot has several limitations and risks. These are outlined in the 1 May 2024 Council Report (Attachment 1). To better understand these limitations and risks, in May 2024 Council obtained legal advice in relation to the private kerbside EV Charger Pilot.

6.2.2 The legal advice notes that the risks associated with the delivery of private EV chargers increase exponentially with the growth in the number of chargers, and the rollout of the program on a permanent basis.

6.2.3 Legal advice confirmed that the Clause 28 of Council’s Local Laws, currently used to issue Street Occupation Permits are unsuited to permit residents to install private kerb chargers permanently on Council footpaths. Council can mitigate these risks by limiting the number of chargers, reviewing the need for and benefits of the model after four years or sooner if public charging infrastructure becomes available.

6.2.4 To mitigate the risks of a permanent private EV charger model, Council could enter Section 121 agreements with landowners pursuant to the Road Management Act 2004, and/ or draft a bespoke local law and EV charger policy.

· Section 121 agreements, included on the land title, would confirm Council ownership of the land and that obligations relating to the private EV infrastructure would transfer to the landowner. The agreement would cover public liability insurance, inspection, maintenance and reinstatement requirements. These matters are currently addressed in the permit issued pursuant to clause 28 of the Local Laws. Clause 28 is not suited for regulating assets of a more permanent nature. Section 121 agreements are necessary should Council support private EV chargers on a permanent basis. However, Section 121 agreements cannot address any inadequacy in insurance coverage for Council or residents. In addition, Section 121 Agreement’s would add to the cost of delivering private EV infrastructure. Development of the template and implementation would incur approximately $7k in the first year and each permit applicant could incur costs (estimated at $2k) to get advice and lodge the required documentation. This report does not recommend the installation of permanent private EV infrastructure.

· Draft new Local Law: Council’s legal advice is that a purpose-drafted Local Law with an overarching policy should be considered if Council pursues a permanent private EV charger model. A Local Law review would require extensive delays, additional resources and community engagement.

6.2.5 Future road and urban forest management:

· Installation of private kerb chargers across Port Phillip can inhibit future changes to streets including planting new trees, traffic management and WSUD infrastructure. Inclusion of requirements in the permit to remove the chargers where necessary may mitigate the risk. Removing kerb chargers could be resisted by permit holders due their capital investment in installing the charger, and a VCAT challenge is possible. This risk can be mitigated by not renewing the annual permits as required.

· There is a risk of private chargers being abandoned leaving Council to pay for removal and footpath reinstatement. This can be mitigated by securing an appropriate bond. Under the current private EV charger trial, a bond is collected and returned upon completion of works on Council footpaths to Council’s satisfaction. It does not cover cost associated with abandonment of the chargers or their faulty removal.

· A separate bond of $500 to ensure removal of charger and reinstatement of the footpath. The bond value will be reviewed and amended if required.

6.2.6 Flooding risk:

· A third of the municipality is impacted by flood overlays. This is expected to increase as water authorities and others review current flood modelling. Updated flood mapping may put some existing kerb chargers inside flood overlays.

· Melbourne Water recommendations and Council’s legal advice on the risks to council and the community needs to be considered when considering new permit applications or considering renewing existing applications.

· This report recommends that Council not accept or renew permit applications for properties in flood prone areas, until relevant Victorian Government policy guidance becomes available.

6.2.7 Sole Supplier Risk:

· Suppliers with other design options did not participate in the Pilot. The current model accommodates the only one supplier and its technology.

· This risk can be mitigated by encouraging other EV charging providers to participate in the delivery of private chargers.

6.2.8 Maintenance and Compliance Risk:

· To ensure the installation and removal of private EV chargers on Council footpaths meet Council standards, Council will ensure installers have Council’s engineering standards. In the event of noncompliance, Council will utilise the bond of $500 to reinstate the footpath.

· To obtain a private EV charger permit, applicants will need a Before You Dig Australia registration to protect service providers (NBN, gas, water etc) and / or Council when undertaking works in the vicinity of a charger.

· In addition, Council will audit compliance with permit conditions, including maintenance of the charger.

6.2.9 Liability and Insurance Risk:

· MAV Insurance has confirmed that Council’s Insurance will provide protection against the public liability risk exposure to Council caused by kerb chargers. This insurance protection does not indemnify the permit holder.

· Public liability hazards include property damage, or a member of the public being injured due to tripping, fire or electrocution.

· Permitholders may be exposed to a legal liability that arises from the Council permitted installation of a kerb charger. To mitigate this risk Council will strongly encourage permit holders to obtain appropriate insurance cover and ensure permit holders are aware of the risks, in the absence of insurance cover.

· MAV Insurance has advised Council that Council’s policy premium may increase if the claims arising from the kerb chargers reflects negatively on the loss ratio.

7. FINANCIAL IMPACT

7.1 Option 1 Public EV charger models

· It is not proposed that Council will contribute to the costs to install, operate and maintain the proposed public charging infrastructure. These costs will be incurred by the provider.

· Council’s EV program has budget allocated to accommodate costs associated with community engagement activities ($5k) and changes to parking ($1.5k per charger for signage installation, line marking etc).

· Council’s EV Program’s budget will cover costs for legal advice, electricity distribution network fees and other minor infrastructure upgrades.

7.2 Option 2 Implement both Private and Public charging models

7.2.1 Processing applications and administration of the private charger program is resource intensive. To deliver both Public and Private EV charger models will require additional resources.

7.2.2 The cost to implement a private charging model is:

o A resource of 0.4 FTE ($50k) to develop and administer private EV charger permits including managing applications from residents, coordination across Council teams (Sustainability, Assets, Transport, Arborist, Development permits, and Local Laws teams) and liaise with stakeholders (water authorities etc.).

o $30k for legal and consultant fees.

o To offset part of the council costs, this report recommends increasing the Permit application fee to $500 from $132.

o To work within the proposed additional resource constraints, applications will be assessed in batches. Requests for new applications will be made once the existing batch has been processed. Officers will continue to investigate ways to make the assessment process more efficient.

o The adequacy of the funding will be reviewed as part of the 2025/26 budget or earlier if applications cannot adequately be assessed with existing resourcing.

7.2.3 Costs associated with development of a new Local Law and section 121 Agreements will need to be considered if Council proposes more permanent private EV infrastructure.

7.3 Option 3 Private Kerbside Electric Vehicle (EV) Charger

7.3.1 The estimated costs associated with continuing to offer private EV chargers are described above as part of Option 2. If only Private EV chargers are pursued, existing resources could administer the program.

8. ENVIRONMENTAL IMPACT

8.1 Lower community greenhouse gas emissions and improved air quality through transition to EVs if charged using renewable energy (residential solar or green power).

9. COMMUNITY IMPACT

9.1 Option 1 Public EV charger models

9.1.1 Chargers are publicly accessible.

9.1.2 Public EV charging can contribute to improved economic activity for businesses around the vicinity of charging locations as the EV owners are likely to visit a nearby café, supermarket, etc while charging their EV.

9.1.3 No EV infrastructure will be available until public EV infrastructure is delivered.

9.2 Option 2 Implement both Private and Public charging models

9.2.1 Provides an interim solution to early EV adopters via private charging while the public infrastructure options are being delivered.

9.3 Option 3 Private Kerbside Electric Vehicle (EV) Charger

9.3.1 Provides access to convenient and private charging to a small number of residents.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Community Electric Vehicle Program aligns with Strategic Action 3 – Sustainable Port Phillip of the adopted Council Plan 2012-31.

10.1 The Act and Adapt Strategy, adopted in 2018 and reviewed in 2023 includes commitments to support uptake of EVs and explore installation of public charging stations in CoPP.

10.1 The Council Plan 2021-31 includes a Community Electric Vehicle Charging Program operating project to facilitate uptake of electric vehicle ownership. This action supports the Council and Victorian Government targets to achieve net zero community emissions by 2050.

10.1 Move, Connect, Live Action 42 say that Council will ‘Support the use of electric vehicles through a variety of measures including the investigation of options to use the planning scheme to facilitate electric vehicle charging infrastructure in new developments’.

11. IMPLEMENTATION STRATEGY

OPTION 1 (recommended)

Public EV chargers & cease private EV charger installations

OPTION 2

Both public and private EV charger models

OPTION 3

Private EV chargers & cease Public EV charging models

Timeline

Public charging model

Mid 2024: Shortlisted sites assessed for technical feasibility by providers.

June 2024: MoU executed by Council to progress utility pole mounted chargers June 2024.

Late 2024 Community engagement on feasible locations

Private charging model

June 2024: Council will not accept new permit applications and existing private EV chargers will be reviewed after 5 years.

Public charging model

Same as Option 1

Private charging model

Same as Option 3

Public charging model

MoU will not be executed by Council and progress of public EV infrastructure will be delayed.

Private charging model

June 2024: Adoption of an appropriate mechanism to deliver private chargers to mitigate risks. Refer section 6.2.4

Private EV charging permits will be renewed annually, and a review will be undertaken after 4 years, OR when 100 chargers have been installed or sooner if there are adequate alternative public EV chargers are available, whichever comes sooner.

Communication

Public charging model

Another community engagement will take place after finalising locations for EV chargers. This will involve a letter drop to residents and businesses in the vicinity of the nominated EV charger locations.

Private charging model

Officers will communicate and assist in enquiries regarding the Council decision to the community and each applicant / permit holder.

Public charging model

Same as Option 1

Private charging model

Same as option 2

Public charging model

Officers will inform community about council decision to cease public charging infrastructure projects.

Private charging model

Residents will be invited to nominate to participate in the private EV charging.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

1. May24 Council report⇩

2. Independent report private EV charger pilot⇩

Meeting of the Port Phillip City Council

5 June 2024

13.1

Proposal to Lease - 129 Beaconsfield Parade, Albert Park

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Vicki Tuchtan, Acting Manager Property and Assets

Anthony Savenkov, Head of Real Estate Portfolio (Development & Transactions)

James Ackroyd, Property Development Associate

1. PURPOSE

1.1 The purpose of this report is to outline the process for establishing a tenant for a new lease of the building at 129 Beaconsfield Parade, Albert Park, and to inform of key milestones involved in the process.

1.2 It is recommended that Council seek Expressions of Interest (EOI) to identify a preferred tenant and undertake the legislative processes to establish a new lease.

2. EXECUTIVE Summary

2.1 129 Beaconsfield Parade, Albert Park (‘the Property’) is a picturesque Edwardian era building, approximately 279 sqm in size.

2.2 Council manages the Property as Committee of Management for the Crown, and the Land on which it is located is reserved for Public Recreation.

2.3 The Property is in the central road reserve, opposite Kerferd Road Beach, as shown in Image 1 below.

Image 1 - 129 Beaconsfield Parade, Albert Park located in the central road reserve.

2.4 The Property is of local historical representative and aesthetic significance to the City of Port Phillip. It once served as the Municipal Refreshment Rooms, known as the Kerferd Road Tea Rooms.

2.5 The Property is currently vacant.

2.6 In line with Council’s Property Policy (September 2019), officers propose to lease the Property through an open and competitive Expression of Interest (EOI) process.

2.7 This approach is consistent with the Leasing Policy for Victorian Crown Land 2023, which requires that all lease allocation processes must be fair, open, and impartial. To comply, Council should apply a competitive selection process to commercial leases unless direct negotiations would achieve an outcome that better serves the community interest.

3. RECOMMENDATION

That Council:

3.1 Undertakes an Expression of Interest process to determine a preferred tenant for a long-term lease of 129 Beaconsfield Parade, Albert Park that seeks to maximise the benefits of a commercial lease for Council.

3.2 Evaluates submissions made in response to the Expression of Interest in accordance with the published Assessment Criteria.

3.3 Authorises officers to consult with the community on the lease proposal in accordance with Section 115 of the Local Government Act 2020 (Vic) and Council’s Community Engagement Policy by:

3.3.1 Advertising a Notice of Intention to Lease inviting submissions from interested persons and allowing 28 days for submissions to be received, and

3.3.2 Notifying submitters that they can speak in support of their submission at a future meeting of Council before submissions are considered and a final decision is made by Council on whether or not to grant a lease.

4. kEY points/issues

4.1 It is proposed that Council commence an EOI process to establish a new lease for 129 Beaconsfield Parade, Albert Park (‘the Property’). This would aim to:

· Create an open and competitive process in order to maximise the commercial benefits to Council through leasing that would include rent and tenant investment in upgrades of Council assets;

· Offer a long-term lease to encourage investment in the Property so it is well presented and maintained to satisfy the needs of the community; and

· Ensure any proposed new lease holder operates in a way that is sympathetic and complementary to the surrounds.

4.2 The Property is currently vacant.

4.3 Council manages the Property as Committee of Management for the Crown, and the Land on which it is located is reserved for Public Recreation.

4.4 The Property is approximately 118 years old and in fair condition, with internal dimensions of around 279 sqm.

4.5 The Property has been subject to a range of uses since its construction, including café’s confectioner, restaurant, and most recently a hair and beauty training salon.

4.6 The proposed lease area is shown in Image 2 below.

Image 2 – Proposed lease area of 129 Beaconsfield Parade, Albert Park.

4.7 The details of the most recent lease over the Property are shown in Table 1 below.

Tenant	Inner Melbourne VET Cluster Inc. T/A Avidity Salon
Commencement Date	2 June 2022
Expiry Date	31 December 2023
Rental	$104.00 per annum plus

Table 1 – Summary of most recent lease: 129 Beaconsfield Parade, Albert Park.

4.8 Officers propose that the Property be offered for lease as a development opportunity, to allow heritage sensitive adaptation of the building.

4.9 In terms of the Property’s heritage value:

· It is not currently listed in the Port Phillip Planning Scheme as an individually significant place;

· It is a contributory graded property within the Middle Park/St Kilda West Precinct (Heritage Overlay HO444);

· It is not identified on the Victorian Heritage Register, the Victorian Heritage Inventory, the National Heritage List, or by the National Trust of Australia; and

· Its Conservation Management Plan (Extent Heritage, 2022) identifies it as being of local historical, representative, and aesthetic significance to the municipality.

4.10 Given the significant capital investment that would likely be required for adaptation for a new occupier, a long-term lease would be appropriate to make the investment feasible.

4.11 Officers propose to offer a long-term lease no greater than 21 years in duration.

4.12 Leasing the Property on this basis is intended to secure a sustainable long-term use of the building and increase its public visitation.

4.13 In accordance with Council’s Property Policy (September 2019), it is proposed that the lease be offered to the market under an open, competitive, EOI process, and this be marketed to adequately achieve the best outcome – giving due weight in the evaluation to a future occupier’s long-term vision for the Property, and community benefit.

4.14 Through a competitive, open market process, the opportunity to lease would be open to a variety of submitters, including community organisations and commercial operators.

4.15 When evaluating submissions made in response to the EOI, officers will score against the following Assessment Criteria:

· Vision – including the proposed development and operation of the site and it complements the existing surrounds.

· Financial and any other commercial terms – including the financial investment in the asset.

· Relevant experience and track record – including what involvement and success the respondent has had with the development and operation of similar ventures.

· Capability and capacity to comply with the Lease – including an assessed level of risk associated with non-compliances.

· Social responsibility and environmental sustainability performance obligations – including alignment with Council’s community, quality, and environmental objectives.

4.16 To ensure Council achieves the aims of the EOI process, it is proposed submissions are evaluated in accordance with the Assessment Criteria described above.

4.17 Parties interested in submitting an EOI would receive details of the selection criteria as part of the process.

4.18 Submitters will be required to submit a lease proposal including length of term and commencing rent.

5. consultation and stakeholders

5.1 Internal stakeholders such as Heritage, City Development and Partnerships and Transport have been consulted in considering a potential leasing of the Property.

5.2 The Act requires that Council seek and consider community feedback prior to entering such a lease.

5.3 In accordance with Council’s Property Policy (September 2019), it is intended that the lease be offered to the market under an open, competitive, expression of interest process, and this be marketed to adequately achieve the best outcome – giving due weight in the evaluation to a future occupier’s long-term vision for the Property, and community benefit.

5.4 It is intended to offer the lease opportunity through a competitive open market process, and so would be open to responses from community organisations as well as commercial operators.

6. LEGAL AND RISK IMPLICATIONS

6.1 As the Property is Crown land, this falls under the purview of the Department of Energy, Environment and Climate Action (DEECA), and any new lease or licence is subject to the approval by the responsible Minister (or their delegate).

6.2 For any new lease longer than the prescribed term, or above a prescribed value, or leases requiring building or improvement, Council is required to comply with Section 115 of the Act, which requires Council to give public notice of its intention to enter a lease and to consider any submissions received prior to resolving whether to enter into a lease.

6.3 A change of use or development of the site will require consent under the Marine and Coastal Act 2018 (Vic), which will likely be deemed to also satisfy the requirements for consent under the Planning and Environment Act 1987 (Vic). It will also require City of Port Phillip’s consent, as landlord.

6.4 Management of, and change to, the Property is also impacted by the:

· National Construction Code;

· Disability Discrimination Act 1992 (Cth); and

· Aboriginal Heritage Act 2006 (Vic).

7. FINANCIAL IMPACT

7.1 Under a long-term lease, a tenant would be likely to undertake capital investment to improve and/or repurpose the building. Such investment offsets cost that Council might otherwise incur undertaking works.

7.2 In the event of a future community user, Council may need to undertake or fund the works to make the Property suitable for specific future community organisation use. The extent of work needed would be dependent on the requirements of the end user.

7.3 Costs associated with the EOI process include advertising and legal fees, estimated to be around $10-15k. Provision has been made for this in the operational budget.

7.4 A competitive EOI process should establish a true market rent, offset by any capital works program carried out by the tenant at their expense, to improve Council assets.

8. ENVIRONMENTAL IMPACT

8.1 This paper is not considered to raise any material environmental sustainability implications.

8.2 It is noted that the area surrounding the Property is likely to be impacted by development associated with the proposed Shrine to Sea project. Planned works include vegetation of the central road reserve.

9. COMMUNITY IMPACT

9.1 Development of the site under a lease is likely to improve the quality of the place, and therefore support a Liveable Port Phillip.

9.2 This proposed consultation initiative promotes transparent governance and an actively engaged community.

9.3 Stakeholders include:

· Council.

· DEECA.

· Surrounding business operators.

· Local residents and ratepayers.

· Visitors to the local area.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 This report directly supports Council Plan Strategic Direction Well Governed Port Phillip.

11. IMPLEMENTATION STRATEGY

Timeline

11.1 Should Council support the EOI process, key milestones include:

· June 2024 – Legislative process for proposed lease commences.

· July 2024 – Hearing and consideration of any submissions in relation to the proposed lease.

· October 2024 – EOI process commences with approach to market.

· December 2024 – Approach to market closes.

· February 2025 – Council considers outcome of EOI process and concludes legislative process for lease.

· February 2025 – Council executes lease and requests approval of new lease by the appropriate Minister.

Communication

11.2 Council actively manages its property portfolio, including leasing out property assets. When doing so, it observes the relevant statutory obligations.

11.3 The EOI process would be publicly advertised.

11.4 The proposed lease is subject to Council’s Community Engagement Policy. The Local Government Act 2020 (Vic) requires that public notice of the proposed lease be advertised inviting submissions from interested persons. Having received, heard, and considered submissions Council may then make a decision about whether to grant a lease or not grant a lease. The process would run concurrently with the EOI process.

12. OFFICER material OR general INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

Nil

Meeting of the Port Phillip City Council

5 June 2024

13.2

City of Port Phillip Strategic Memberships Review 2024

Executive Member:

Brian Tee, General Manager, City Growth and Development

PREPARED BY:

Chris Brayne, Coordinator Advocacy, Grants & Partnership

James Gullan, Head of Advocacy, Economic Development and Partnerships

1. PURPOSE

1.1 To consider the outcome of the 2024 review of Council's strategic memberships.

2. EXECUTIVE Summary

2.1 ‘Strategic memberships’ assist Council in leveraging advocacy and strategic outcomes through being part of a collective. By being a member, Council is supporting these organisations to advocate and undertake work on Council's behalf on key issues of mutual importance. They provide knowledge sharing, advocacy, policy development, policy implementation and other support opportunities.

2.2 Council is a member of seven organisations considered ‘strategic memberships’.

2.3 Council has undertaken strategic membership reviews in 2019, 2020, 2021 and 2022. Over this period, Council has withdrawn from 9 memberships. Council has not taken on any new strategic memberships in this period (noting that IMAP transitioned to M9).

2.4 Council currently conducts a biannual review to determine the ongoing value of retaining specific membership.

2.5 The 2024 review drew on a range of sources, including information provided by the organisation, publicly available information from the organisations’ webpages and annual reports, Councillor feedback and advice from Council officers.

2.6 The outcome of the Membership Review 2024 is included in Attachment 1.

3. RECOMMENDATION

That Council:

3.1 Notes the findings of the 2024 Membership Review as outlined in Attachment 1.

3.2 Maintains membership to the following organisations:

3.2.1 Association of Bayside Municipalities

3.2.2 M9

3.2.3 Metro Transport Forum (MTF)

3.2.4 Municipal Association of Victoria (MAV)

3.2.5 Victorian Local Governance Association (VLGA)

3.3 Maintains its membership to Committee for Melbourne but moves to a corporate level membership.

3.4 Maintains its membership to South East Councils Climate Change Alliance (SECCCA) at a rate of $40,000 for membership and an additional $38,000 for projects that are to be funded from the Act and Adapt budget. If SECCCA do not support Council’s continued membership at the proposed rate, Council investigates membership of alternative change alliances such as Eastern Alliance for Greenhouse Action (EAGA).

3.5 Notes that the next strategic membership review will occur in 2026 as part of the Advocacy Priorities report due that year.

4. KEY POINTS/ISSUES

Background of review:

4.1 Council priorities are identified in the Council Plan and core strategies including Move, Connect, Live Integrated Transport Strategy; Creative and Prosperous City Strategy; Act and Adapt Strategy; and Don’t Waste It Waste Management Strategy. The Council Plan specifies working with partners to develop, implement and evaluate projects, programs and policies that deliver our vision and improve the health and wellbeing of our people and place.

4.2 Strategic Memberships allow Council to leverage and pool resources to deliver shared priorities identified in our Council Plan and core strategies that Council may not be able to achieve by itself.

4.3 The Strategic Membership Review was first implemented in 2019 to ensure that Council periodically reviewed its memberships to ensure that they continued to provide benefit for the cost participation.

4.4 Council has undertaken strategic membership reviews in 2019, 2020, 2021 and 2022. Over this period council has withdrawn from 9 memberships (five in 2019, four in 2020), saving over $94,000 annually in membership fees.

What is a Strategic Membership?

4.5 ‘Strategic’ memberships are “memberships where Council is joining for primary purpose of leveraging advocacy and strategic outcomes through being part of a collective. By being a member, Council is supporting these groups to advocate and undertake work on Council's behalf on key issues of mutual importance.”

4.6 These memberships are distinct from ‘Operational and Professional’ memberships, which is where councils primarily receive services and tools that supports delivery of core Council functions and development of staff (i.e. these memberships do not act on members behalf in advocacy)”.

4.7 Where a membership provides a mixture of strategic, operational, and professional services - officers have considered whether the ‘strategic’ function is one of the primary purposes/benefits. Where that is the case, the membership has been considered as part of the review (i.e. ABM, MAV, VLGA).

2024 Strategic Membership Review:

4.8 In May 2024, Councillors supported an update to the Strategic Membership review format that included,

4.8.1 Updating definition of ‘strategic membership’ to ensure the difference between strategic and operational memberships was more clearly defined. As a result of this change to definition, memberships such as CASBE, BESS and LGPro, which have previously been considered under the Strategic Membership Review, will now be considered in line with other operational and professional memberships.

4.8.2 Limiting the Strategic Memberships Review to memberships that have annual fees of $2000 or more. This recognises that the membership review can be resource intensive. Review of these membership will be undertaken by relevant council officers periodically. Examples of strategic memberships that fall under $2,000 include Mainstreet Australia, Stormwater Victoria, Australian Disability Network, Victorian Tourism Industry Council.

4.8.3 Consolidating the membership review with the advocacy priorities report in 2026. The alignment will provide councillors a holistic overview of council individual and collective advocacy, as noted in the recently endorsed Advocacy Strategy.

4.9 The updated review engaged relevant council officers and membership organisations to collate the information on each strategic membership to inform recommendations. Information includes sections - about the membership/area of expertise; achievements including benefits to Council and training/development opportunities; alignment to Council Plan; cost; and plans and priorities for 2024/25.

4.10 Council officers will conduct the next Strategic Membership Review in June 2026.

5. CONSULTATION AND STAKEHOLDERS

5.1 As part of the 2024 Strategic Membership review, 20+ Council Officers were consulted.

5.2 Strategic memberships were notified of the membership review and invited to engage with this process through submitting information for consideration.

5.3 All memberships have been notified of the opportunity to present at this Council meeting on 5 June 2024.

6. LEGAL AND RISK IMPLICATIONS

6.1 Council officers will contact organisations to inform of Council decision around their membership.

6.2 Council officers will provide the required notice to each Strategic Membership where a decision is made to not continue the memberships.

6.3 Attachment 1 identifies the risks to Council should Council withdrawal from relevant memberships.

7. FINANCIAL IMPACT

7.1 Should the above recommendations be endorsed, this will result in a potential annual $48,000+ in savings for council.

7.2 See Attachment 1 for the estimated annual membership fees and associated costs of each Strategic Membership.

7.3 For some organisations, these fees are yet to be determined and officers will need to check in with organisations to clarify these.

8. ENVIRONMENTAL IMPACT

8.1 Several strategic memberships advocate for actions that support the environment. These are identified in Attachment 1.

9. COMMUNITY IMPACT

9.1 Attachment 1 describes each organisation’s priority areas of advocacy and relevant community impact.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Attachment 1 includes the alignment of each Strategic membership to the Council Plan/Priorities.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

11.1.1 Attachment 1 includes upcoming renewal dates for Strategic Memberships and links to find further information on the relevant contacts within these organisations.

11.1.2 For some organisations, renewal dates have not yet been determined and officers will need to check in with organisations to clarify these.

11.2 COMMUNICATION

11.2.1 Where appropriate, Council will notify the strategic membership organisations of the outcome of the Council meeting.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

1. Strategic Membership Review 2024⇩

Meeting of the Port Phillip City Council

5 June 2024

13.3

Proposed Discontinuance of Road (in part) Johnson Street, South Melbourne

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Vicki Tuchtan, Acting Manager Property and Assets

Michael Major, Team Leader Property Operations

1. PURPOSE

1.1 To consider whether a segment of Johnson Street between Normanby Road and Munro Street, South Melbourne, shown shaded red on the image below (Road), should be discontinued pursuant to the Local Government Act 1989 (Act) and retained by Council.

A map of a neighborhood

Description automatically generated

2. EXECUTIVE Summary

2.1 Fishermans Bend is Australia’s largest urban renewal project, covering 480 hectares of land located in the heart of Melbourne.

2.2 Established by the State Government, the Fishermans Bend Framework is a vision for the land, including a network of parks, schools, roads, transport, and community facilities and services to be delivered over the next 30 years.

2.3 Johnson Street Park is an open space identified for delivery in the Fishermans Bend Framework.

2.4 At its meeting on 17 April 2024, Council resolved to:

· Remove the Road in question from the Register; and

· Commence the statutory procedures and give notice pursuant to sections 207A and 223 of the Act of its intention to discontinue the Road and retain the land in the Road for public open space.

2.5 On 19 April 2024, Council gave public notice by publication in The Age newspaper and on Council’s website.

2.6 Council did not receive any submissions in response to the public notice.

2.7 Council is now able to consider whether to discontinue and retain the Road.

2.8 Officers recommend that Council discontinues the Road and retains the land in the Road for public open space.

3. RECOMMENDATION

That Council:

Having considered that there were no submissions in response to the public notice regarding Council’s proposal to discontinue a segment of Johnson Street between Normanby Road and Munro Street, South Melbourne (Road):

3.1 Resolves to discontinue and retain the Road as it considers that the Road is not reasonably required for public use for the following reasons:

3.1.1 It is not required to maintain the urban character of the area;

3.1.2 It may result in a better use of land through the provision of public open space;

3.1.3 It is not required for access to other premises; and

3.1.4 It may result in amenity improvements through the delivery of a public park; and

3.2 Directs that a notice pursuant to clause 3 of Schedule 10 of the Local Government Act 1989 is published in the Victorian Government Gazette.

4. KEY POINTS/ISSUES

4.1 Council may support the discontinuance of a road within its municipality if it is considered in the best interest of the community.

4.2 Council can retain the land from the discontinued road for municipal purposes.

4.3 Any discontinuance of a road is to be carried out according to the provisions of clause 3 of Schedule 10 of the Act and Council’s Discontinuance and Sale of Roads Policy.

4.4 As the Fishermans Bend area continues to transition to a residential and business centre, some sections of road have been identified for closure to create parks and open spaces. This will create a more liveable environment for our new community.

4.5 Johnson Street Park is an open space identified for delivery in the Fishermans Bend Framework, as shown on the image below. The Framework sets out an infrastructure delivery program that is funded in part by infrastructure and open space contributions.

4.6 The segment of Road between Normanby Road and Munro Street, South Melbourne proposed for discontinuance is shown shaded red on the image below:

4.7 Council has statutory power to consider discontinuing the Road.

4.8 If the Road is discontinued, the Road will vest in Council (section 207B of the Act).

4.9 A traffic study has indicated that the proposed Road discontinuance would have no adverse impacts on the surrounding road network or intersections in the vicinity.

4.10 The proposed road discontinuance and retention of the land in the Road will enable it to be re-purposed for community benefit as a park.

4.11 It is considered that the Road is no longer reasonably required for general public use as the Road:

4.11.1 Is not required to maintain the urban character of the area;

4.11.2 May result in a better use of land through the provision of public open space;

4.11.3 Is not required for access to other premises; and

4.11.4 May result in amenity improvements through the delivery of a public park.

4.12 Council is now able to consider whether to discontinue and retain the Road.

4.13 Officers recommend that Council discontinues the Road and retains the land in the Road for public open space.

5. CONSULTATION AND STAKEHOLDERS

5.1 The proposal has been referred internally within Council and no objections have been received.

5.2 Council has notified the community of the Proposal through a public notice in The Age newspaper on 19 April 2024, and on Council’s website inviting submissions in accordance with section 223 of the Act. The deadline for submissions was on 17 May 2024. No submissions were received by Council in response to the public notice.

5.3 The three adjoining property owners expressed initial support for the proposed discontinuance. Council officers wrote to the adjoining property owners, sharing the public notice. Council has not received responses from adjoining property owners.

5.4 Council officers wrote to the following stakeholders, sharing the public notice:

5.4.1 Department of Transport.

5.4.2 Statutory authorities, including:

· South East Water.

· Melbourne Water.

· Citipower.

· Multinet Gas.

· Australian Gas Networks.

· AusNet Electricity Services.

· United Energy.

· NBN.

· APA.

· Telstra Corporation.

· Optus.

5.5 Optus advised they have assets in the Road that may need to be relocated.

5.6 To date Council has not received responses from the Department of Transport or other statutory authorities. Any existing assets in the road which should be saved under section 207C of the Act will be considered appropriately.

6. LEGAL AND RISK IMPLICATIONS

6.1 Under Clause 3 of Schedule 10 of the Act, a council has the power to discontinue roads located within its municipality and sell the land from that road or retain the land for itself. Council must first give notices in accordance with sections 207A and 223 of that Act.

6.2 Council has a Road Discontinuance and Sale of Roads Policy that enables roads that are no longer required for public access to be discontinued.

7. FINANCIAL IMPACT

7.1 The proposed discontinuance of the Road has no detrimental financial implications.

8. ENVIRONMENTAL IMPACT

8.1 The Proposal has no detrimental environmental implications.

8.2 If the Road is discontinued, Council proposes to retain the land in the Road for public open space.

8.3 It is proposed the open space would take the form of a park that would include nature play elements for children to engage with the environment, social recreation, and water management.

8.4 Strategies to reduce the impacts of urban heat include reduction in greenhouse gas emissions, increased permeable surfaces, increased vegetation, and green spaces.

9. COMMUNITY IMPACT

9.1 Council will facilitate the discontinuance of roads where appropriate consultation has occurred, legislative requirements have been met and it is considered that road discontinuance is in the best interest of the wider community.

9.2 The proposed discontinuance and retention of the Road would allow for the creation of a park, and this open space would create a more liveable environment for our community.

9.3 Johnson Street Park will provide additional open space and align with Council’s vision to create a well-connected network of public spaces that nurture and support the health, wellbeing, social connection, creative expression, and environment of our community.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 The proposed discontinuance of the Road aligns with the Strategic Directions:

10.1.1 Well-Governed in the Council Plan 2021-31: A City that is a leading local government authority, where our community and our organisation are in a better place as a result of our collective efforts; and

10.1.2 Liveable Port Phillip in the Council Plan 2021-31: A City that is a great place to live, where our community has access to high quality public spaces, development and growth are well-managed, and it is safer and easy to connect and travel within.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

· If the Proposal is approved:

o a notice will shortly be published in the Victorian Government Gazette to formally discontinue the Road.

· The estimated commencement of works for the Johnson Street Park is expected late in 2024.

11.2 COMMUNICATION

· The public notification process has provided the community with the opportunity to make submissions in respect of the Proposal. Having considered that no submissions were received, Council may now determine whether to discontinue and retain the Road

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

Nil

Meeting of the Port Phillip City Council

5 June 2024

13.4	Status of Council Decisions and Questions Taken on Notice recorded by Council: 1 January - 31 March 2024
Executive Member:	Joanne McNeill, Executive Manager, Governance and Organisational Performance
PREPARED BY:	Emily Williams, Council Business Advisor

1. PURPOSE

1.1 To provide Councillors with an update on the status of all Resolutions passed by Council at Council and Planning Committee Meetings between 1 January to 31 March 2024 and the status of actions that were previously reported as outstanding in the last quarterly status report.

1.2 To provide Council with an update on the status of Questions Taken on Notice during Council Meetings from 1 January to 31 March 2024.

2. EXECUTIVE Summary

2.1 Council Resolutions

2.1.1 The implementation status of Council Resolutions is a vital measure of Council’s performance. This process may also assist reporting for the Local Government Performance Reporting Framework.

2.1.2 There has been a total of 45 Resolutions (decisions) that have been made by Council, in Council and Planning Committee meetings open to members of the public, between the period of 1 January to 31 March 2024. Of these, 9 decisions remain open/outstanding.

2.1.3 There has been a further 4 decisions that have been made in Council and Planning Committee meetings closed to members of the public. These confidential decisions have been completed.

2.1.4 This report includes a further 7 decisions that remain outstanding and a further 3 decisions that have been completed from previous reporting periods (that is, prior to 1 January 2024).

2.1.5 This report is a report in time and is representative of decisions made by Council in the period 1 January to 31 March 2024.

Questions taken on notice

2.1.3 At each meeting, provision is made at the beginning for members of the public and for Councillors to ask general questions. Questions relating to a topic on the agenda are not permitted during this time however can be asked prior to the discussion of that item. When a question is unable to be responded to at the time, it is taken ‘on notice’ for a response to be provided.

2.1.4 The response status of Questions taken on Notice during Council meetings is a measure of Council’s engagement and communication with the community.

2.1.5 One question was taken on notice during the period 1 January to 31 March 2024 in Council meetings open to members of the public. A copy of the response to this question has been made available on the website and contained in Attachment 3 to this report.

3. RECOMMENDATION

That Council:

3.1 Notes the implementation status of Council and Planning Committee Resolutions as contained in Attachments 1 and 2.

3.2 Notes the response status of questions taken on notice during Council Meetings as contained in Attachment 3.

4. KEY POINTS/ISSUES

4.1 Accountability is a fundamental requirement of good governance. Council has an obligation to report, explain and be answerable for the consequences of decisions it has made on behalf of the community.

4.2 Reporting on the progress of the implementation of Council resolutions provides Council with the information it needs to demonstrate its accountability to the community.

4.3 Decisions of Council should be implemented in an effective, timely, appropriate, and responsive manner that makes the best use of the available people, resources, and time to ensure the best possible results.

4.4 Council Resolutions

4.4.1 A resolution made by Council is when an officer recommendation or a Councillor’s motion is adopted at a Council Meeting or Planning Committee (i.e., a decision has been made). Once a decision on a recommendation has been made, it turns into a resolution. These resolutions are tracked through an internal system.

4.4.2 Attachments 1 and 2 of this report include a summary of the actions taken to implement resolutions where required, or confirmation that Council has noted items where appropriate. The summary of actions has been compiled and divided into the following categories:

· Status of Resolutions made at Council Meetings – Outstanding

· Status of Resolutions made at Council Meetings and Planning Committee Meetings – Completed

4.4.3 The Status of Resolutions documents include resolution of officer’s reports, notices of motion, petitions and joint letters, and items of urgent business. Resolution of procedural motions (i.e., attendances and apologies, closing the meeting to discuss confidential items) have not been included.

4.4.4 Some of the reasons that resolutions have not been fully implemented may relate to consultation processes being undertaken, awaiting legal advice, or waiting for documents to be executed.

4.4.5 Where it is expected that a resolution may take a longer time to fully implement, the expected completion date has been extended.

4.5 Questions taken on notice

4.5.1 At each meeting, provision is made at the beginning for members of the public and for Councillors to ask general question/s. Questions relating to a topic on the agenda are not permitted during this time but can be asked prior to the discussion of that item. When a question is unable to be responded to at the time, it is taken ‘on notice’ for a response to be provided.

4.5.2 Attachment 3 of this report includes a summary of questions asked and a link to where the responses to those questions has been published on Council’s website.

5. CONSULTATION AND STAKEHOLDERS

5.1 This report provides Council and the community with an update on the implementation of outcomes of council decisions.

6. LEGAL AND RISK IMPLICATIONS

6.1 If decision-making is open and able to be followed by observers, it is more likely that all relevant legal requirements will be complied with.

7. FINANCIAL IMPACT

7.1 There are no financial impacts arising from this report.

8. ENVIRONMENTAL IMPACT

8.1 There are no environmental impacts arising from this report.

9. COMMUNITY IMPACT

9.1 Making decisions and having to account for them in an open and transparent way encourages honest consideration of issues by Councillors and promotes community confidence in the decision-making process.

9.2 Members of the community should be able to follow and understand the decision-making process. This means that they will be able to clearly see where a decision was made, and how this decision was implemented.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Reporting on the progress of council resolutions delivers on Direction 5 of the Council Plan (Well Governed Port Phillip), by providing a transparent and good governance approach to decision making.

10.2 Good decision-making processes helps people feel that Council will act in the community’s overall interest. It also encourages Councils to remember that they are acting on behalf of their community and helps them to understand the importance of having open and ethical processes which adhere to the law and stand up to scrutiny.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

Council receives ongoing reporting on the status of implementation of Council Decisions, and questions taken on notice at Council Meetings, on a quarterly basis.

12. OFFICER material OR general INTEREST

12.1 No officers involved in the preparation of this report have a material or general interest in the matter.

ATTACHMENTS

1. Outstanding Decisions Council Meetings as at 31 March 2024⇩

2. Completed Decisions Council and Planning Committee Meetings 1 January to 31 March 2024⇩

3. Questions taken on notice 1 January to 31 March 2024⇩

[1] Playgroup Australia. (2022). Playgroup Statement. https://www.playgroupaustralia.org.au/wp-content/uploads/2022/10/221018_Playgroup_Statement_final.pdf

[2] Australian Child Maltreatment Study. (2023). The prevalence and impact of child maltreatment in Australia: Findings from the Australian Child Maltreatment Study: 2023 Brief Report.

13.5	Records of Informal Meetings of Council
Executive Member:	Joanne McNeill, Executive Manager, Governance and Organisational Performance
PREPARED BY:	Emily Williams, Council Business Advisor