Agenda of Meeting of the Port Phillip City Council

Meeting of the Port Phillip City Council

4 September 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, 4 September 2024 at 6:30pm. At their discretion, Councillors may suspend the meeting for short breaks as required.

AGENDA

1 APOLOGIES

2 MINUTES OF PREVIOUS MEETINGS

Minutes of the Meeting of the Port Phillip City Council 21 August 2024.

3 Declarations of Conflicts of Interest

4 Public Question Time and Submissions

5 Councillor Question Time

6 Sealing Schedule

Nil

7 Petitions and Joint Letters

7.1 Petition: Sporting future of Elwood Park....................... 8

7.2 Joint Letter: Objection to the proposed lane reduction on Park Street ............................................................ 18

8 Presentation of CEO Report

8.1 Presentation of CEO Report Issue 109 - July, 2024.. 22

9 Inclusive Port Phillip

9.1 City of Port Phillip Reconciliation Action Plan 2024 – 2026............................................................................ 53

10 Liveable Port Phillip

10.1 Johnson Street Park and Signalised Crossing - Works-in-kind Project Delivery (Fishermans Bend)............... 98

11 Sustainable Port Phillip

11.1 Port Phillip EcoCentre Funding Agreement............. 165

11.2 Stormwater Harvesting and Elster Creek................. 214

12 Vibrant Port Phillip

Nil

13 Well Governed Port Phillip

13.1 Governance Arrangements - HousingFirst and Port Phillip Housing Trust................................................. 264

13.2 Presentation of Annual Report: Palais Theatre Year 7.................................................................................. 267

13.3 Council and Planning Committee Meeting Timetable for 2025..................................................................... 298

13.4 Records of Informal Meetings of Council................. 303

13.5 Changes to Planning Delegations (5 September 2024 until the first sitting of the 2024-2028 Council)......... 326

14 Notices of Motion

14.1 Notice of Motion – Mayor Cunsolo – Support for Food Relief Services.......................................................... 331

14.2 Notice of Motion – Councillor Nyaguy – Housing Emergency................................................................ 333

15 Reports by Councillor Delegates

16 URGENT BUSINESS

17 Confidential Matters................................................ 334

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 Property Matter

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

3(1)(g(ii)). private commercial information, being information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.

Reason: If the information was publicly released this would likely compromise Council’s position in commercial negotiations or compromise the tenant’s business undertakings and reveal commercially sensitive information.

17.2 Strategic Property Matter

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

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

3(1)(g(i)). private commercial information, being information provided by a business, commercial or financial undertaking that relates to trade secrets

Reason: Contains commercially sensitive information that would be unreasonable to disclose as it affects the commercial position of the City of Port Phillip and bidders.

17.3 Public Open Space - Potential Acquisition

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

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

Reason: Includes information about potential future land use that is likely to encourage land speculation, and commercial and strategic information that if disclosed would undermine Council's commercial position.

17.4 Lagoon Reserve Redevelopment - Stage 2 Pavilion Contract Award

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

Reason: The Council Report and the attached Tender Evaluation Report contain procurement and contractual information that are confidential in nature.

17.5 Award of Electrical Maintenance Services Panel Contract

3(1)(g(i)). private commercial information, being information provided by a business, commercial or financial undertaking that relates to trade secrets

Reason: The report outlines a proposed contracting arrangement and commercially sensitive information that if made public would potentially expose parties to unfavourable disadvantage

17.6 RFT000302 Specialised Pressure Cleaning Maintenance Services Contract

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

Reason: The report contains information on Council approved budgets and budget allocations to the subject service. It also includes the names and titles of Officers from internal and external Local Government Authorities within the tender evaluation process. The report contains information and attachments about the tenderers submitted annual pricing and pricing structure, and other private business information such as insurances and assets.

17.7 RFT000258 Microsoft Enterprise Agreement

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

Reason: The report contains confidential contractual information that if released would impact Councils ability to negotiate and finalise the contract

17.8 Audit and Risk Committee - Independent Member Appointment

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

3(1)(f). personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

Reason: If released the information to be received, discussed or considered in relation to this Agenda item may impair Council’s ability to effectively negotiate contractual arrangements. The report also contains personal information that would not be reasonable to release. Once appointment has been accepted and notification to unsuccessful applicants completed, Council may make details of this report public in the future.

Meeting of the Port Phillip City Council

4 September 2024

9.1

City of Port Phillip Reconciliation Action Plan 2024 – 2026

Executive Member:

Tarnya McKenzie, Interim General Manager, Community Wellbeing and Inclusion

PREPARED BY:

Maggie Smith, Aboriginal Gathering and Development Advisor

Bradley Lougheed, Housing and Homelessness Services Team Leader

Leo Kelly, Acting Manager Community Building and Inclusion

1. PURPOSE

1.1 To present the Reconciliation Action Plan September 2024 – September 2026 (RAP) for adoption.

2. EXECUTIVE Summary

2.1 In the Council Plan 2021 - 2031 under strategic direction Inclusive, the development of Council’s ‘third Reconciliation Action Plan that continues our commitment to work with the Boon Wurrung Traditional Owners, the two Registered Aboriginal Parties for the City, and local Aboriginal and Torres Strait Islander people to achieve reconciliation’ is included as an initiative.

2.2 Council further resolved at the 4 October 2023 Council meeting its ‘commitment to develop Reconciliation Action Plan 3’.

2.3 The Port Phillip RAP will deliver Council’s vision for a City of Port Phillip that prioritises the voice of First Peoples, enables self-determination and ensures equity, cultural inclusiveness, and culturally safety.

2.4 The preparation of the draft plan followed preliminary discussion with Traditional Owners, First Peoples, service providers and local members of the aboriginal and Torres Strait community. Input was also provided through internal consultation with Council’s established RAP Working Group, a review of Council’s ‘Reconciliation Barometer’ (2019), Council’s RAP2 (2021) and ‘Exploration of Gathering for the Aboriginal Community Report’ (2021).

2.5 At the Ordinary Council Meeting on the 1 May 2024, Council resolved to ‘Release the draft Port Phillip Reconciliation Action Plan 3 for a 4-week period of community consultation from 2 May to 30 May 2024’ and ‘notes that a report will be presented to Council in July 2024 outlining feedback received through the consultation period and any proposed changes to the plan.’

2.6 The Draft RAP 3 was submitted for its first review to Reconciliation Australia in February and response was received in April 2024 just prior to the commencement of the consultation period.

2.7 The vision, key themes, and actions in the RAP have been prepared to align with the Reconciliation Action Plan Innovate RAP template requirements and is aligned with the Victorian Aboriginal Affairs Framework 2021-2023 template and structure provided by Reconciliation Australia and includes feedback from the first and subsequent second review.

2.8 Broader community feedback on the draft RAP3 was conducted for a 4-week period during May 2024. In addition, the draft plan was sent to Traditional Owners and all First Peoples service providers who had participated in the development of the Draft RAP 3 inviting feedback and providing opportunity to meet with Council officers.

2.9 Officers have reviewed all the feedback received and made changes to the plan. Changes principally relate to the review feedback received from Reconciliation Australia and will support certification of the plan. It is noted feedback received and considered from the broader community consultation generally supported, or were already actions or deliverables within, the Draft RAP 3.

2.10 The second review from Reconciliation Australia was received on 21 August 2024.

2.11 Consideration has been given to feedback received, and where relevant have informed changes now incorporated into the revised RAP (Attachment 1). Care has been taken to ensure the inclusion of all actions and deliverables as discussed through the development of the draft with Traditional Owners, First Peoples Service Providers, First Peoples in our community and Reconciliation Australia.

2.12 This will be Council’s third Reconciliation Action Plan marking a significant milestone in Council’s reconciliation journey.

3. RECOMMENDATION

That Council:

3.1 Endorses and adopts the City of Port Phillip Reconciliation Action Plan (Attachment 1), subject to endorsement and certification from Reconciliation Australia.

3.2 Thanks, Traditional Owners, First Peoples Service Providers, First Peoples in our community and the broader community for providing feedback on the draft RAP.

3.3 Authorises the Chief Executive Officer, or their delegate, to make minor editorial updates to the Plan, including final feedback from Reconciliation Australia, if required.

4. KEY POINTS/ISSUES

4.1 Our city's colonial legacy has profoundly impacted First People in our community. This legacy is marked by enduring struggles including land dispossession, violence, and systemic racism. Port Phillip has consistently shown leadership by acknowledging these challenges. Council has sustained and driven meaningful change in this community by promoting reconciliation since our first RAP (2012-2015) through to RAP2 (2017-2019, extended and expired in 2021).

4.2 Council’s third RAP will continue Council’s reconciliation journey by fostering relationships, building respect, and providing opportunities for First Peoples.

4.3 The Port Phillip (RAP) will deliver Council’s vision for a City of Port Phillip that prioritises the voice of First Peoples, enables self-determination and ensures equity, cultural inclusiveness, and culturally safety.

4.4 Council’s last Reconciliation Action Plan expired in 2019 and was extended to 2021. The period of 2020 to 2023 presented a number of challenges that further impacted the progression of our third RAP. These have included:

4.4.1 A focus on recovery efforts and engagement with vulnerable First Peoples during and following COVID-19

4.4.2 New relations with traditional owner groups following the Victorian Heritage Council decision in June 2021 to name the Bunurong Land Council and the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation as Registered Aboriginal Parties, and an identified change to traditional boundaries that apply to our city.

4.4.3 Supporting long and established relationships with the local Boonwurrung Land and Sea Council.

4.4.4 Allowing time for the National Voice Referendum 2023 to occur outside of local policy development.

Development of the Reconciliation Action Plan

4.5 The preparation of a draft plan followed preliminary discussions with Traditional Owners, First Peoples service providers and local members of the aboriginal community. Review and input were also provided through internal consultation with Council’s established internal RAP Working Group, a review of Council’s ‘Reconciliation Barometer’ (2019), Council’s RAP2 (2021) and ‘Exploration of Gathering for the Aboriginal Community Report’ (2021).

4.6 On the 27 February 2024, the draft RAP was submitted for its first review to Reconciliation Australia. A response was received on 15 April 2024 just prior to the commencement of the consultation period.

4.7 At the Ordinary Council Meeting on the 1 May 2024, Council resolved to ‘Release the draft Port Phillip Reconciliation Action Plan 3 ‘for a 4-week period of community consultation from 2 May to 30 May 2024’ and ‘Notes that a report will be presented to Council in July 2024 outlining feedback received through the consultation period and any proposed changes to the plan.’

4.8 Broader community feedback on the draft RAP 3 was conducted for a 4-week period between the 2 May 2024 – 30 May 2024. These activities are outlined in further detail in section 5.

4.9 A second review was undertaken by Reconciliation Australia and feedback was received on 21 August 2024.

4.10 Officers have reviewed feedback, including that received:

4.10.1 From Reconciliation Australia in their first review received in April 2024 and second review on an updated version following consultation, received on 21 August 2024.

4.10.2 Through the community consultation period (Key Issues raised and officer response in section 5)

4.11 A number of changes have been made to the plan. Changes principally relate to feedback received from Reconciliation Australia and are required to enable endorsement and certification. It is noted feedback received through the broader community consultation period generally provided support or were already deliverables within the draft RAP 3. Consideration has been given to feedback received and where relevant these have been incorporated into the revised RAP now provided in Attachment 1.

4.12 As required under the Victorian Gender Equality Act 2020, a Gender Impact Assessment (GIA) has been completed for Council’s 2024 – 2026 Reconciliation Action Plan (RAP). During the planning stages of the RAP, a GIA workshop was completed to explore gender and equity issues.

4.13 Key recommendations from the GIA have been applied to this Action Plan, including actions focused on governance, employment and recruitment, workplace data collection and monitoring. This will be further supported as actions are designed and implemented, to ensure an equity and intersectional lens are applied.

5. CONSULTATION AND STAKEHOLDERS

Reconciliation Australia

5.1 Reconciliation Australia are acknowledged as the national expert body on Reconciliation. They offer a structure and procedure for the certification of Reconciliation Action Plans (RAPs). In seeking the plans future certification, officers have worked with Reconciliation Australia to adopt a suitable template.

5.2 The Reconciliation Australia template also supported additional actions and priorities garnered through our initial engagement period with Traditional Owners and First Nations Stakeholders. This included the consolidation of similar deliverables and restructuring to group like actions.

5.3 Officers have reviewed Reconciliation Australia feedback and provided changes as required.

5.4 Careful consideration has been given by officers to each piece of feedback received, and where relevant changes have been incorporated into the RAP.

Community Consultation

5.5 Engagement has been centred around enabling self-determination and voice by local First Peoples in our community and working collaboratively and closely with our Aboriginal community members and Traditional Owners. This was conducted prior to seeking broader community feedback and response to any plan prepared.

5.6 The initial First Peoples engagement period was conducted through February and early March 2024 and included the following consultations:

5.6.1 Five meetings with individual Traditional Owners including the two Registered Aboriginal Parties, the Bunurong Land Council and the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, and local traditional owners the Boonwurrung Land and Sea Council

5.6.2 First Nations Community Service Providers and Stakeholders, Access Health, Sacred Heart Mission, Launch Housing, Victoria Police, Police and Citizens Youth Club (PCYC) and Port Phillip Citizens for Reconciliation.

5.6.3 Local aboriginal communities through community consultations at Womenjika BBQ’s and gatherings with elders (through First Nations Community Service Providers).

5.7 Following this initial engagement period officers finalised the draft RAP 3 for consultation to reflect the key issues and actions raised through these discussions Notably these included:

5.7.1 The diversity of our First Peoples community in Port Phillip.

5.7.2 The need to continue efforts to build trust and support self-determination by providing culturally safe platforms within Council that enables First Peoples voice.

5.7.3 Complexities following the Victorian Aboriginal Heritage Council (VAHC) decision in July 2021, and subsequent approach to relationship building with two Registered Aboriginal parties while honouring our enduring reconciliation efforts and connections with local Traditional Owners.

5.7.4 Recognition of First Peoples perspectives and experience and providing opportunities for interpretation of shared history in settings.

5.7.5 Continuing to provide culturally appropriate support and coordination to improve outcomes for at risk individuals in our community.

5.8 The second broader community engagement period followed. Have Your Say was conducted for a 4-week period between the 2 May 2024 – 30 May 2024 and included:

5.8.1 Promoting the draft Plan on Council’s Have Your Say website.

5.8.2 A broader community online survey (49 responses were received, 24 of which have been considered by the project team)

5.8.3 First Peoples specific survey (2 responses received) supported by post cards distributed through early learning centre and family youth and children services team.

5.8.4 Posters and providing hard copies of the plan at ASSIST and libraries.

5.8.5 Attendance at four Neighbourhood Engagement Pop-Up sessions (65 in attendance).

5.8.6 Meeting with the LGBTIQA+ Advisory Committee (2 in attendance)

5.8.7 Feedback received via Council’s Community Broker through Face-to-Face Community Chat at Community BBQs and gatherings (47 points of contact)

5.8.8 Emails of the plan to all three Traditional Owners and First Peoples service providers that participated in the development of the draft plan inviting feedback and providing opportunity to meet with the project team.

Key Issues Raised through Consultation

5.9 The key issues raised within the draft reconciliation action plan 3 Have Your Say consultation period and a discussion of how these are addressed through the revised plan are summarised below.

Key Issue Raised	Discussion
Move beyond words towards tangible actions	Following Reconciliation Australia’s review, the plan has been reworked to provide concrete actions and detailed deliverables through all four pillars, consistent with the Reconciliation Australia Framework.
Engagement with First Peoples, including the grassroots, local community and young people	Engagement with Traditional Owners and First Peoples has informed the priorities and vision of the draft plan. In moving forward, it will be critical to build respectful relationships through regular connection. This engagement will be supported by all nine deliverables under Action 1 in our RAP which outlines the deliverables on how Council will engage with Traditional Owners and First Peoples in our community ‘Establish and maintain mutually beneficial relationships with Aboriginal and Torres Strait Islander stakeholders’.
Representation of First Peoples’ voices in Council’s decision-making processes.	Action 1 Deliverable 1.5 provides the opportunity for Council to work with First Peoples and Local Traditional Owners to consider how meaningful participation from First People in a local government setting can be embedded. This may include reviewing how Council receives input, how it is used to inform Council decisions and discourse whether this be through our engagement approach or a more formalised Voice to Council.
Creating a place for gathering healing and culture.	Issues raised through consultation include the lack of support, poor conditions of community spaces, inadequate places for cultural programs, and the need in inner-south to improve access to first peoples services. Gathering places can serve as locations where cultural identity flourishes, social bonds can be strengthened, and a sense of community can thrive. Through consultation we have heard of the importance of a physical stand-alone facility, and how this can be used to empower, foster social connections and emotional well-being for users. Further it is noted in Melbourne's southeast, there is opportunity to build on the presence of First Peoples service such as health. This will be supported through Deliverables 11.1 Maximize the use of Council buildings and places to support cultural gatherings and meetings. This will include conversation and evaluation of options for a culturally safe, standalone facility, incorporating direction from the Gathering Place Report 2021.
Cultural awareness and education incorporating First Peoples’ perspectives and shared history.	No change required. Cultural awareness is not just a formality but a is based on respect and shared understanding. By embracing First Peoples culture, we not only honour those we work with and the community we serve but can foster connections and meaningful relationships. This included under Action 5 Deliverable 5.5 ‘Ensure Cultural Awareness Training is available and promoted to all employees including through the onboarding process for new employees and Councillors.’
Support for days of significance (Reconciliation Week / NAIDOC Week) and support for engagement with schools and the wider community.	No change required. Ceremony, celebration and education are addressed within the Plan.
Support for First Peoples’ events, activities and the arts in promoting awareness of culture.	No change required to the plan. Port Phillip, since Council amalgamation, has played a role in Indigenous Arts producing a range of events and programs focusing on Aboriginal culture and artists. This continuation will be delivered through Action 7- Celebrate and preserve Aboriginal and Torres Strait Islander heritage and cultures.
Use of language and traditional naming of places.	Using traditional names for places is a way to recognise, celebrate and honour the connection of First People to Port Phillip. As a practice we can also play our part in sustaining and preserving Aboriginal languages. This will be addressed through the Reconciliation Action Plan under Deliverable 7.7 In collaboration with Traditional Owners and Elders, incorporate place naming and signage in language to strengthen connections and understanding.
Truth telling sessions to acknowledge historical injustices.	Truth telling can share the painful realities of colonial conflict and dispossession but also honors the enduring resilience of Aboriginal and Torres Strait Islander peoples in this community. This will be addressed through the Reconciliation Action Plan under Deliverable 7.9 Support meaningful Truth Telling and storytelling programs led by First Nations people within established gathering programs, agency partnerships and dedicated community engagement opportunities.
Sustainability initiatives aligned with cultural practices that engage the community.	The RAP incorporates these elements through two key deliverables. Deliverable: 5.8 Allow all members of our community to participate in protecting, restoring or enhancing indigenous landscapes and watercourses and Deliverable: 6.7 Support the delivery of sustainability initiatives that provide connection and care for Country, using cultural management practices and approaches.

6. LEGAL AND RISK IMPLICATIONS

6.1 With the Victorian Aboriginal Heritage Council (VAHC) decision in July 2021, Council is mandated under the Aboriginal Heritage Act 2006 to engage with the Bunurong Land Council and the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation concerning responsibilities for the management and protection of Aboriginal Cultural Heritage on Country. The development of the RAP has coincided with the Council's establishment of working relationships with both Registered Aboriginal Parties.

6.2 In this context, the Council officers will continue our enduring commitment to the Boonwurrung Land and Sea Council while simultaneously building upon new relationships with the two formally recognised Registered Aboriginal Parties.

6.3 In meeting legislative requirements, all actions within the RAP that involve Registered Aboriginal Parties will explicitly identify the Bunurong Land Council and Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation. Concurrently, we will persist in partnering, consulting, and engaging with the local Traditional Owners, the Boonwurrung Land and Sea Council.

7. FINANCIAL IMPACT

7.1 The development of the RAP does not impact existing budgets.

7.2 RAP actions are generally aligned to Council’s service delivery commitments and existing operational activities.

7.3 Opportunities that arise for Council during the RAP implementation that exceed current budgets will go through Council’s annual budgetary processes for consideration.

8. ENVIRONMENTAL IMPACT

8.1 Actions referenced in RAP include connection and care for Country using cultural management practices and approaches. It is hoped with the delivery of the RAP through the RAP Working Group, opportunities will enable the Port Phillip community to participate in protecting, restoring, or enhancing indigenous landscapes and watercourses, and where relevant through project partners.

9. COMMUNITY IMPACT

9.1 Reconciliation Action Plans are instrumental in enhancing equality and community cohesion and are a central strategy for articulating our respect for Aboriginal and First People.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 The development and endorsement of the RAP aligns with Council Plan direction:

10.1.1 Inclusive: A city that is a place for all members of our community, where people feel supported and comfortable being themselves and expressing their identities.

Council does not have a current plan to guide reconciliation efforts, with RAP2 having expired in 2021. To address the gap in Council’s policy suite, it is integral a new plan be established and that it addresses the current context.

11. Next Steps

11.1 Officers will seek final endorsement and certification of the RAP from Reconciliation Australia.

11.2 Officers will update the Have Your Say page with current status.

11.3 Officers will commence/progress key actions from the RAP.

11.4 Officers will confirm final endorsement and certification of the RAP from Reconciliation Australia on receipt of final advice of certification from Reconciliation Australia.

12. 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. City of Port Phillip Reconciliation Action Plan September 2024 - September 2026⇩

Meeting of the Port Phillip City Council

4 September 2024

10.1

Johnson Street Park and Signalised Crossing - Works-in-kind Project Delivery (Fishermans Bend)

Executive Member:

Brian Tee, General Manager, City Growth and Development

PREPARED BY:

Gareth Nevin, Senior Program Manager Fishermans Bend

Sarah Bufton, Coordinator Open Space and Recreation Portfolio

1. PURPOSE

1.1 This report presents the Johnson Street Park and Signalised Pedestrian Crossing Project Design Scope and Concept Design, for Council endorsement.

1.2 This report also seeks authorisations for the Chief Executive Officer (or their delegate) to facilitate an associated works-in-kind agreement including in respect to the development contributions payable and a voluntary public open space contribution, and planning scheme amendment to deliver the project.

2. EXECUTIVE Summary

2.1 Johnson Street Park is a priority infrastructure project in the Victorian Government’s Fishermans Bend Framework, originally planned for delivery by 2025.

2.2 Gamuda Australia Pty Ltd (the Developer) received planning permission for a mixed use development at 272-280 Normanby Road, South Melbourne through Amendment C207Port to the Port Phillip Planning Scheme. The planning permission enables the potential use of voluntary Public Open Space Contributions (collected and managed by Port Phillip City Council) and Development Contributions (collected and managed by the Victorian Planning Authority) for the delivery of Johnson Street Park and an intersection and Boundary and Normanby Road, which adjoins the development.

2.3 The delivery of Johnson Street Park and Signalised Pedestrian Crossing (the Project) is proposed through a ‘works-in-kind’ agreement (WIK Agreement). The means the Developer delivers the physical assets, known as ‘works-in-kind’, instead of paying the financial contributions – the Development Contributions and the voluntary Public Open Space contribution. The works-in-kind approach requires support from Council, the Victorian Planning Authority (VPA), and the Department of Transport and Planning (DTP). The design of the works and requirements and processes for plan approvals, constructions supervision, maintenance requirements and bonding associated with the works must also be to the satisfaction of Council.

2.4 Council officers have been working with DTP and the Developer to explore the Project’s concept planning, design and costing, and to determine the project’s general feasibility.

2.5 DTP has advised the Project will be eligible for a maximum creditable amount of $7,232,500 (using figures from the Draft Fishermans Bend Urban Renewal Area Development Contributions Plan). Under the proposal, Council’s financial contribution to the Project will be limited to the Developer’s voluntary public open space contribution of 8% of the value of the land specified in the Incorporated Document – preliminarily estimated at approximately $808,000. All values are preliminary estimates, and subject to indexation and confirmation through the agreement.

2.6 This Council report presents the Johnson Street Park and Signalised Pedestrian Crossing Project Scope and Concept Design, for Council endorsement, which will provide a framework for Council officers to assess and enter into agreements and approve the detailed designs. The report also provides for Council acknowledgement and authorisation of Project’s financing and delivery, including: negotiating and entering into a works-in-kind delivery agreement; the use of the voluntary public open space contributions for the project; and requesting a draft planning scheme amendment to resolve planning permission requirements to facilitate the project’s delivery.

2.7 The project’s next steps include negotiating and entering into the works-in-kind agreement (late 2024); requesting a planning scheme amendment (late 2024) detailed design and approvals (late 2024-early 2025), construction (2025), handover and maintenance (2026 onwards).

3. RECOMMENDATION

That Council:

Project Design

3.1 Endorses the Project Design Scope (Attachment 1) and Concept Design (Attachment 2) to inform the delivery of Johnson Street Park and Signalised Pedestrian Crossing.

3.2 Authorises the Chief Executive Officer (or their delegate) to approve changes to the Project Design Scope and Concept Design, if those changes do not alter the overall intent of the design, and if required through any value management exercise.

Works-in-kind Section 173 Agreement

3.3 Acknowledges delegation under the Instrument of Delegation – Members of Staff (7 June 2023) to negotiate and enter into an agreement under section 173 of the Planning Environment Act 1987 in accordance with the Incorporated Document for 272-280 Normanby Road, South Melbourne, June 2023 in the Port Phillip Planning Scheme (Incorporated Document) and informed by the Project Design Scope and Concept Design (Attachments 1 and 2).

3.4 Notes this includes including credits in respect to the use of public open space contribution funds towards the Project and appropriate terms in the works-in-kind Section 173 Agreement pursuant to the Incorporated Document, limited to 8% of the site value of the land.

Planning Scheme Amendment

3.5 Adopts the draft planning scheme amendment documentation (Attachment 3), and requests the Minister for Planning (Minister) to prepare, adopt and approve Amendment C233port to the Port Phillip Planning Scheme, without notice, in accordance with the Minister’s powers of the Planning and Environment Act 1987 (Vic) (Act).

3.6 Authorises Officers to consult with the Minister, in accordance with sections 8(1)(b), 20(4) and 20(5) of the Act, to assist the Minister to prepare, adopt and approve the planning scheme amendment.

3.7 Authorises the Chief Executive Officer (or their delegate) to make changes to Amendment C233port to give effect to the outcomes in this report, if those changes do not alter the overall intent of the planning scheme amendment, or if the changes are requested by the Department of Transport and Planning.

Community Engagement

3.8 Notes the community engagement feedback which informed the Project and Planning Scheme Amendment, outlined in the Johnson Street Park Community Engagement Summary Report, June 2024 (Attachment 4) and Council Meeting Report 5 June 2024, Item 13.3, for Proposed Discontinuance of Road (in part) Johnson Street, South Melbourne.

4. KEY POINTS/ISSUES

Strategic Alignment – Delivering Johnson Street Park in Fishermans Bend

4.1 The Fishermans Bend Framework (‘the Framework’) is the Victorian Government’s plan for transformation of Fishermans Bend. The Framework sets a transformative vision for the area, including a network of parks, schools, roads, transport and community facilities and services to be delivered over the next 30 years.

4.2 The Montague Precinct in Fishermans Bend is experiencing substantial development and its new community is quickly growing. In 2019, Council partnered with the State Government to deliver Kirrip Park, which provides convenient open space access in the southern part of the precinct. Johnson Street Park has been identified to meet growing demand in the northern part of the precinct.

4.3 Johnson Street Park is identified for delivery by 2025 in the Victorian Government’s Fishermans Bend Framework (released 2018). The project is also supported by the Government’s more recent releases including the Draft Fishermans Bend Urban Renewal Area Development Contributions Plan (released December 2023) and Draft Montague Precinct Implementation Plan (released December 2023).

Project Overview

4.4 The Project broadly includes:

4.4.1 The construction and embellishment of a neighbourhood park at the southern end of Johnson Street, between Munro Street and Normanby Road

4.4.2 The construction of a signalised pedestrian crossing across Normanby Road at the intersection of Boundary Street, Normanby Road and Johnson Street

4.4.3 Associated work such as demolition, land preparation and remediation, installation or upgrading of utilities, services and infrastructure.

4.5 The project is defined in the attached Project Design Scope (Attachment 1) and Concept Design (Attachment 2).

4.6 These attachments have been prepared for Council endorsement, to provide a framework for officers to assess the detailed design and delivery of the Project through a future works-in-kind agreement under section 173 of the Planning and Environment Act 1987 (Vic).

4.7 The Concept Design will inform detailed design, and while the overall framework of the design will remain constant, changes may be made in the final design to meet budget requirements or to achieve better benefits from the project.

4.8 The Concept Design has taken onboard community consultation feedback, which is summarised in the ‘Consultation and Stakeholders’ section of this Council report and set out in detail within Attachment 4.

Project Design - Park

4.9 A concept design (outlined in Attachments 1 and 2 and illustrated below) has been developed in consultation between the Developer, Council and Department of Transport and Planning. It includes:

· Central open grassed area.

· Play equipment, with space for swings and slide.

· Barbecue facilities with shade structure, tables and seating.

· Park furniture including other seating, bins and bicycle parking.

· Pedestrian and cycle routes forming part of the precinct’s broader movement networks.

· Adequate space on the footpath adjacent to the tenancies on the eastern side for potential outdoor dining/activation adjacent to the park.

· Garden beds providing for biodiversity, vegetation and tree canopy, and addressing urban forest objectives and providing safety, noise and amenity buffers from vehicle movements.

· Water Sensitive Urban Design.

· Irrigation/ water access for plant establishment and periods of extreme drought.

Project Design - Cycling Lanes

4.10 The Victorian Government’s Draft Fishermans Bend Urban Renewal Area Development Contributions Plan (Draft DCP), and Draft Montague Precinct Implementation Plan (Draft MPIP), envision a cycling corridor crossing Normanby Road and running along the length of Johnson Street. The corridor is to provide a safe cycling link in one of the area’s lower-traffic streets, connecting into the planned strategic cycling network at Montague Street, heading to-and-from Melbourne’s CBD. The full length of Johnson Street, including the cycling corridor, is to be funded by the Draft DCP and planned for delivery in the first 10 years by 2033 through two parts:

4.10.1 Johnson Street (north) – Upgraded Street with linear park and dedicated cycling lanes

4.10.2 Johnson Street (south) – Neighbourhood Park with dedicated cycling lanes (this Project)

4.11 The Park Design will support cycling, and be future proofed for the provision of a dedicated cycling lanes:

4.11.1 The concept design illustrates a footpath, landscaping and bi-directional cycling lanes on the western side of the park – which is an example of the potential ultimate solution.

4.11.2 The Project can consider delivering the cycling lanes upfront (painted / line marked) or focus on delivering a wide shared path (supporting pedestrian and cycling movements) with hardstand surfacing at an adequate width for future conversion (i.e. line making) into separated pedestrian footpath and dedicated bi-directional cycling lane.

Project Design - Intersections

4.12 The Project includes funding for a signalised pedestrian crossing to connect across Normanby Road, to Johnson Street Park. This will facilitate safe north-south walking and cycling movements across Normanby Road.

4.13 Council endorsement of the crossing design is not required. The crossing is funded by the State managed development contributions fund, will be a future State asset, and must be to the satisfaction of DTP. Council’s role is to ensure that the design meets relevant standards and does not create adverse impacts to local streets or necessitate ancillary upgrades at the cost of Council. Council will also seek to ensure that the intersection can safely address the existing and future context at Boundary Street and Normanby Road, accounting for pedestrian movements, cycling lanes, linear parks, vehicle lanes and bus routes.

4.14 While the vision for Johnson Street is well resolved by the Victorian Government, there is a risk in relation to the crossing design and future-proofing for Boundary Street:

4.14.1 The Fishermans Bend Framework envisions Boundary Street as vibrant urban corridor, realigned with upgraded pedestrian paths, protected bike lanes and linear parks. To realise this vision, a fully signalised intersection at Boundary and Normanby Road is likely required to ensure safe connectivity across all transport modes.

4.14.2 The Draft DCP proposes funds for the installation of Pedestrian Operated Signals (POS) at the eastern side of Boundary Street and Normanby Road to facilitate safe crossing at the eastern side of the intersection.

4.14.3 The Draft DCP does not provide funding for Boundary Street, or the Full Boundary Street x Normanby Road intersection upgrade. While the State’s Fishermans Bend Framework envisions the transformation of Boundary Street, there is no confirmed funding pathway.

4.14.4 In Council’s submission to the Victorian Government’s Planning Scheme Amendment GC224 for the Draft DCP (endorsed by Council on 20 March 2024), Council advocated for DCP funding of Boundary Street and a Signalised Intersection to align with the State’s vision. At the time of writing this report, the planning scheme amendment process is still underway, and those submissions have not been heard through the planning scheme’s advisory committee process.

In facilitating the Johnson Street Park and Signalised Pedestrian crossing project, the following is noted:

· That there is no identified funding pathway for upgrades at Boundary Street or Boundary x Normanby Road fully signalised intersection.

· That the Project (Signalised Pedestrian Crossing) should safely address the existing and future context at Boundary Street and Normanby Road, accounting for pedestrian movements, cycling lanes, linear parks, vehicle lanes and bus routes, as far as practical within the confines of the project budget.

· That through the detailed design process, Officers will be seeking further information from DTP regarding the impact of their proposed infrastructure on the Boundary Street corridor's strategic objectives.

· Officers are seeking confirmation that the proposed infrastructure will support, rather than compromise, the future form of Boundary Street.

· In the event that a Pedestrian Operated Signal is chosen as the ultimate signalised infrastructure at this intersection, DTP must confirm its intent for the Boundary Street and intersection upgrades in the future, how the design features of the proposed Pedestrian Operated Signal can be adapted and seamlessly integrated with this infrastructure.

4.15 The northern intersection at Johnson and Munro Street will be altered by introduction of the new park at its southern edge. The northern intersection is not a funded project. The Project must account for the creation of a new kerbline at the Johnson and Munro Street intersection, and may require interim treatments such as linemarking and signage at that intersection to support and safely manage the kerbline changes on an interim basis until Johnson Street (northern part) is delivered in the future.

Project Design – Other relevant matters

4.16 The Project’s construction and embellishment will include associated civil works and infrastructure, such as demolition, land preparation and remediation, installation or upgrading of utilities and services and infrastructure, and road works to deliver safe and fit-for-purpose public space.

4.17 Site investigations are underway to inform the land preparation, utility and service requirements. Utility providers and service authorities will be consulted with an intent to consolidate and underground services and utilities as far as practical within the design and budget.

4.18 CitiPower is being consulted on cost effective options to minimise above-ground power lines on both sides of the park, which may include undergrounding low voltage lines using existing unused conduits, and relocating the high voltage lines to the western side of the future park to improve park amenity providing more opportunity for an expanded central grassed area and better tree canopy opportunities. The park concept design may change to respond CitiPower’s input.

4.19 The Project will be designed and constructed to the relevant Council, DTP and Australian Standards and policies.

4.20 Value management in the concept design may be required to keep the project delivery cost to budget (information on project cost provided below).

4.21 Works-in-kind is separate from works that are normally required with developments, such as necessary footpath upgrades and infrastructure connections at site frontages. In this case, the development at 272-280 Normanby Road, South Melbourne would still be expected to fund certain works associated with delivery of their development at the Johnson Street frontage, which would not be credited against the works-in-kind project.

Works-in-kind Delivery Model

4.22 Development Contributions provide a mechanism for funding infrastructure in Fishermans Bend. Development Contributions can take different forms including: the payment of money; providing land; or constructing the physical infrastructure (referred to as ‘works-in-kind’).

4.23 Gamuda (Australia) Pty Ltd (‘the Developer’) has offered to deliver the Project through a works-in-kind agreement model (‘WIK agreement’). In this context:

4.23.1 The Developer has an approved development at 272-280 Normanby Road, South Melbourne, which adjoins the proposed Johnson Street Park.

4.23.2 The approved development received planning permission in June 2023 through Amendment C207port to the Port Phillip Planning Scheme.

4.23.3 The planning permission takes the form of an Incorporated Document in the schedules to Clauses 45.12 and 72.04 of the Planning Scheme pursuant to section6 (2)(j) of the Planning and Environment Act 1987 (Vic) (the Act).

4.23.4 The Incorporated Document includes Clause 4.47 that requires the owner to enter into an agreement under section 173 of the Act to pay development contributions which are to be collected and managed by the Victorian Planning Authority (‘the VPA’). Clause 4.47 of the Incorporated Document allows the owner to deliver ‘works-in-kind’ including the Johnson Street Park and the intersection upgrade at Normanby Road and Boundary Street projects (collectively, the Project) and to receive credit for the works against the development contributions.

4.23.5 The Incorporated Document also enables the owner to agree to provide works-in-kind and be credited for those works in respect to the public open space contribution equal to 8% of the site value of the land reflected in the Section 173 Agreement.

4.23.6 Clause 4.3 of the Incorporated Document contemplates that, any future permit allowing subdivision of the land must include a condition requiring payment to Council of a public open space contribution equal to 8% of the site value of the land unless it has been demonstrated to the satisfaction of Council that the public open space contributions equal to 8% of the site value of the land has already been satisfied.

4.23.7 In the event of works-in-kind equivalent to 8% of the site value for public open space being provided under the Section 173 Agreement, this would satisfy the public open space contribution for the land upon any future subdivision of the land.

4.23.8 The planning permission and statutory context enables the relevant parties to enter a WIK agreement pursuant to section 173 of the Planning and Environment Act 1987 that provides for:

· the Developer to deliver the Project in return for project credit values to be offset against their contribution liabilities (more details on project budget and finance are set out later in this report).

· The parties to the proposed works-in-kind agreement would be Council, VPA as responsible authority for interim development contributions in Fishermans Bend, and Gamuda (Australia) Pty Ltd as owner of the land relating to the Incorporated Document.

· Typically, section 173 agreement for WIK projects cover the nature of the works including relevant plans and specifications, project credit amounts, planning, design and approval requirements and processes, insurance and risks, construction, handover and maintenance terms, to the satisfaction of the relevant responsible authority.

· Any works-in-kind agreement will ensure that the park will be designed and constructed to the relevant Council and Australian Standards and policies, to the satisfaction of Council in consultation with the DTP.

· Council will seek and be guided by independent legal advice to ensure that design standards, costs, construction and delivery risks are appropriately managed.

· Any works-in-kind agreement will be subject to separate consideration and approvals by the State government.

4.24 Council has delegations to enter into a works-in-kind agreement to facilitate the Project in accordance with section 173 of the Planning Environment Act 1987, under the Port Phillip City Council Instrument of Delegation to Members of Council Staff, June 2023.

4.25 The agreement will be informed by the Project Design Scope and Concept Design (Attachments 1 and 2) proposed for Council endorsement; and address the requirements of the Port Phillip Planning Scheme Incorporated Document for 272-280 Normanby Road, South Melbourne, June 2023.

Project Cost and Value Management

4.26 DTP released the Draft Fishermans Bend Urban Renewal Area Development Contributions Plan (Draft DCP) through proposed Planning Scheme Amendment GC224 in December 2023.

4.27 DTP have advised that, subject to the necessary approvals, the Project would be eligible for a maximum creditable amount of $7,232,500 (subject to indexation) as a total fixed, all inclusive project cap. This has been determined using the following project costs in the Draft DCP:

4.27.1 $4,857,000 for the Johnson Street Park embellishment and

4.27.2 $2,357,500 for the Signalised Pedestrian Intersection at Boundary Street and Normanby Road.

4.28 Council authorisation is requested to direct and authorise the use of public open space contribution funds towards the Project. Council’s financial contribution to the Project is proposed to be limited to the Developer’s open space contribution liability specified in the Port Phillip Planning Scheme Incorporated Document for 272-280 Normanby Road, South Melbourne, June 2023.

4.28.1 Council requires that, in the event of any future permit allowing subdivision of the land a condition must be included requiring the developer to pay: ‘a public open space contribution equal to 8% of the site value of the land, unless it has been demonstrated to the satisfaction of Port Phillip City Council or its successor that the public open space contributions equal to 8% of the site value of the land has already been satisfied.’

4.28.2 Whilst the development approved in the Incorporated Document does not provide for subdivision, in the event the public open space contribution is satisfied by works-in-kind in the Section 173 Agreement, this would mean the public open space contribution will have been satisfied in the event of subdivision at a later stage.

4.28.3 The 8% of site value public open space contribution is estimated at $808,000 from a 2022 land valuation. The final value of the contribution will be confirmed based on updated site valuations.

4.29 In summary, the total project value is $7,232,500, comprising Council’s open space contribution of approximately $808,000 and the remainder funded via the Victorian Planning Authority’s managed development contributions fund for Fishermans Bend. All values presented in this report are preliminary estimates, reflective of 2022/23 financial year costings and are subject to indexation.

4.30 It is proposed that final project cost and contribution liabilities will be determined via the WIK agreement negotiations and approvals. The design and cost will be subject to a value management process, ensuring the inclusions deliver appropriate value within the maximum creditable amount.

4.31 The priority in the value management process will be to resolve land preparation including services, and remediation works, and deliver the park to a basic and essential standard. Higher standards of embellishment may be considered if the cost can be accommodated within the maximum creditable amount, or if additions are voluntarily contributed by the Developer, to the satisfaction of the Council and the VPA.

4.32 The concept is subject to changes that result from engagement with Traditional Owners.

Road Discontinuance

4.33 At its meeting on 5 June 2024 (Link to report), Council approved the discontinuance and retention of the relevant segment of Johnson Street between Normanby Road and Munro Street, South Melbourne (Road), directing that a notice pursuant to clause 3 of Schedule 10 of the Local Government Act 1989 be published in the Victorian Government Gazette.

4.34 The road discontinuance supports the Project and Planning Scheme Amendment.

Planning Scheme Amendment

4.35 Draft Planning Scheme Amendment C233port has been prepared to:

4.35.1 Facilitate the timely delivery of the project by allowing its use and development to commence, and

4.35.2 Clearly identify the area as a park in line with the strategic policy documents and maps in the Port Phillip Planning Scheme and ensure that it is subject to appropriate planning controls.

4.36 The draft Amendment C233port proposes to:

4.36.1 Rezone the Johnson Street road reserve between Munro Street and Normanby Road from Capital City Zone Schedule 1 to Public Park and Recreation Zone; and

4.36.2 Apply the Specific Controls Overlay to the Project Area to give effect to an Incorporated Document (Johnson Street Park, August 2024).

4.36.3 The proposed draft Incorporated Document comprises a concept plan and associated conditions that would control the use and development of the site. It would function in a similar manner to a planning permit but would be embedded in the planning scheme and exempt the need for a further planning permit approval.

4.37 It is proposed that Council write to the Minister for Planning requesting the Minister prepares the amendment, noting:

4.37.1 Fishermans Bend is a State Significant project. The delivery of Johnson Street Park forms part of the State’s Framework plan for the area and the project is identified in the Draft DCP and Draft Montague PIP.

4.37.2 The project is in accordance with the designated road discontinuance and park project in maps to the Schedule 1 to the Capital City Zone in the Port Phillip Planning Scheme.

4.37.3 The extent of public engagement undertaken to date by the State in the preparation of the strategic documents for Fishermans Bend, and public consultation led by the City of Port Phillip on the Johnson Street Park concept design and the road discontinuance process (see “Consultation and Stakeholders” below for further information on prior consultation).

4.37.4 Section 20 (4) of the Planning and Environment Act 1987 (the Act) enables the Minister for Planning to exempt an amendment, which the Minister prepares, from the public notification requirements of sections 17, 18 and 19 of the Act or the regulations.

4.37.5 There is a timing imperative for the amendment to facilitate the park’s delivery. The Fishermans Bend Framework identifies the Johnson Street Park as a key project for delivery by 2025. This aligns with the Developer’s proposed delivery window, providing a unique opportunity to secure delivery of the park for the rapidly growing new community by works-in-kind partnership.

4.37.6 This planning scheme amendment approach is similar to that adopted for the delivery of Kirrip Park (2-4 Buckhurst Street, South Melbourne) under Planning Scheme Amendment C135 (Port Phillip Planning Scheme - Amendments).

4.38 The draft Amendment C233port documentation, including Explanatory Report, Incorporated Document, Instructions Sheet, Public Park and Recreation Zone Schedule, and Specific Controls Overlay Schedule, and associated mapping are provided in Attachment 3 and presented for Council adoption.

4.39 Council authorisation is required for officers to request that the Minister for Planning prepare, adopt and approve Amendment C233port to the Port Phillip Planning Scheme in accordance with the Minister’s powers under sections 8(1)(b) and section 20(4) of the Planning and Environment Act 1987 (Vic) (Act).

4.40 The preliminary views of DTP, including State Planning Services and Fishermans Bend team, have been considered in the preparation of the amendment.

4.41 The views of the Developer, community, statutory authorities and utility providers have also been sought in developing the Project and have been considered during the preparation of the amendment.

5. CONSULTATION AND STAKEHOLDERS

5.1 The following State Government engagement processes have informed the broader community about Johnson Street Park’s proposed location and upcoming delivery:

5.1.1 Fishermans Bend Framework (Planning Scheme Amendment GC81) – The State government’s engagement and planning scheme amendment process occurred in 2017 and 2018;

5.1.2 Draft Fishermans Bend Urban Renewal Area Development Contributions Plan (proposed Planning Scheme Amendment GC224) – The State Government’s engagement occurred December 2023 to February 2024 and continues through the Precincts Standing Advisory Committee. DTP Precincts advises no submissions objecting to the Johnson Street Park or Signalised Crossing project were received through this process.

5.1.3 Draft Montague Precinct Implementation Plan – The State Government’s engagement occurred December 2023 to February 2024. DTP Precincts advises that positive community feedback was received on the park and crossing project from local residents through the public engagement sessions.

5.2 Council completed a community engagement process associated with the Johnson Street Park and Signalised Crossing Project:

5.2.1 Council officers have engaged extensively with DTP and the Developer (Gamuda Australia Pty Ltd) to develop the project scope and concept design, with an intent to inform a works-in-kind agreement and the draft Planning Scheme amendment to facilitate the Project.

5.2.2 Council completed a statutory engagement process associated with the Johnson Street (part) Road Discontinuance – This is summarised below and can also be accessed in the Council meeting report and minutes, dated 5 June 2024, item 13.3 (Link to report).

5.2.3 Council completed community engagement on the Project’s Concept Design – Refer to the Johnson Street Park Community Engagement Summary Report in Attachment 4. The engagement occurred over April-May 2024 with affected owners and occupiers, relevant statutory authorities and the wider community on the Project.

5.2.4 Engagement communications on the park design noted that feedback will help inform the park’s design and a proposal to amend the Port Phillip Planning Scheme to enable rezoning and park delivery.

5.3 Johnson Street (part) Road Discontinuance statutory engagement process:

5.3.1 Council commenced the statutory procedures and gave notice pursuant to sections 207A and 223 of the Local Government Act 1989 of its intention to discontinue the Road and retain the land in the Road for public open space.

5.3.2 Council 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 engagement occurred for a minimum of four weeks, with the deadline for submissions set on 17 May 2024. No submissions were received in response to the public notice.

5.3.3 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.

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

· DTP.

· Statutory authorities, including:

o South East Water.

o Melbourne Water.

o Citipower.

o Multinet Gas.

o Australian Gas Networks.

o AusNet Electricity Services.

o United Energy.

o NBN.

o APA.

o Telstra Corporation.

o Optus.

5.3.5 Optus advised they have assets in the Road that may need to be relocated. Council did not receive responses from the DTP or other statutory authorities through the road discontinuance engagement process.

5.4 Johnson Street Park and Signalised Pedestrian Crossing Concept Design:

5.4.1 Community engagement occurred from 6 May and 31 May 2024.

5.4.2 Four posters were placed on Johnson Street near the proposed works.

5.4.3 1654 postcards were mailed to owners and occupiers, linking to the Council ‘HaveYourSay’ portal and notifying them of the Project and future amendment. The mailout was sent to owners and occupiers in the local catchment, being properties within a 250-400 metre radius bounded by Montague Street, Buckhurst Street, Bay Street, Raglan Street, Williamstown Road, Ingles Street Woodruff Street, Boundary Street, White Street and Bradley Street.

5.4.4 Project information was distributed in Council’s monthly ‘DiverCity’ newsletter, ‘Help Shape our City’ newsletter and social media posts.

5.4.5 Council’s engagement website, ‘Have your say’ included a page for the Project, with information on the process, a timeline, contact details, and opportunities to engage. The website included a feedback survey.

5.4.6 This project delivered one “pop-up” in around the proposed park. Participants were invited to hear about the project or complete an online or paper survey.

5.4.7 Engagement communications noted that feedback will inform the park’s design and a future proposal to amend the Port Phillip Planning Scheme to enable rezoning and park delivery.

5.4.8 There were 357 have your say website visitors, with feedback received from 44 online participants and 6 on-site pop-up participants.

5.4.9 The Johnson Street Park Community Engagement Summary Report outlines the community feedback, which can be summarised as:

· Key areas of support included the inclusion of pedestrian crossing (40% or 24 comments); open green space (34% or 17 comments) tree canopy cover (16% or 8 comments) and picnic areas (10% or 6 comments).

· Key issues disliked or requiring improvement included: questions about bike path connections or safety concerns (24% or 12 comments); pedestrian safety around the crossing and bike path (16% or 8 comments); adding a BBQ (12% or 6 comments); and fencing / barriers around the playground for safety (10% or 4 comments).

5.4.10 The design addresses the feedback including: providing a signalised pedestrian intersection on Normanby Road for safe crossing; Expanded central open green space for open passive recreation; extended play area to include play equipment like swing and slides; added BBQ and tables area; updated design of landscape buffers at park edges to provide separation from roads and cycling lanes; and tree planting and overall greening in the design.

6. LEGAL AND RISK IMPLICATIONS

6.1 The proposed request for the Minister for Planning to prepare the Planning Scheme Amendment would enable the park to be delivered in accordance with existing State policy in a State significant precinct, in a timely manner generally in line with the project’s 2025 delivery timeframes within the Fishermans Bend Framework and the Developer’s delivery program. A Ministerial Amendment recognises the importance of the project to the State and would reduce Council’s involvement and risk.

6.2 This Council report seeks acknowledgement of the delegation to the CEO, General Manager City Growth and Development and the Manager City Development in respect to negotiating and entering into a works-in-kind section 173 agreement pursuant to the Incorporated Document including consideration of credit in respect to the use of public open space contributions funds (limited to 8% of the value of the land) towards the Project and informed by the Project Design Scope and Concept Design (Attachments 1 and 2).

6.3 The delegate would ensure that the agreement and design approvals align with the proposed scope and concept plan, subject to value management as outlined in this report, and will seek legal advice to ensure that the future agreement mitigates organisational risks.

6.4 The Developer has identified their construction timelines for development. Failure to approve and progress the proposal in a timely manner could lead to abandonment of the Developer’s proposal, and will impact the ability for the park to be delivered by the 2025 delivery timeframe set out in the Fishermans Bend Framework.

6.5 A risk has been identified under sub-heading ‘Project Design – Intersections’ in relation to the future funding and delivery of Boundary Street, which relates to proposed upgrades at Boundary Street and Normanby Road intersection.

6.6 Council has limited influence over the signalised pedestrian crossing design on Normanby Road, which is primarily the responsibility of DTP. A detailed concept for the intersection will be developed and tested through the Project’s detailed design phase. The primary purpose of the intersection is to achieve a north-south walking and cycling link across Normanby Road. The early concepts consider a central median strip on Normanby Road which would prevent vehicle through and right-hand turning movements into Boundary Street. A final design has not been determined, and further analysis and testing is required. Council officers will provide input into the design to achieve safety requirements, but will not be responsible for the ultimate design approval. Council officers will seek that DTP’s communicates with stakeholders as relevant on changes affecting the intersection.

7. FINANCIAL IMPACT

7.1 The financial impact is set out in detail under the previous sub-heading: ‘Project Cost and Value Management’. In summary

7.1.1 Council’s financial contribution to the Project will be limited to the Developer’s voluntary open space contribution specified in the Port Phillip Planning Scheme Incorporated Document for 272-280 Normanby Road, South Melbourne, June 2023 – preliminarily estimated at $808,000.

7.1.2 The total project value is $7,232,500, comprising the voluntary open space contribution of approximately $808,000 and the remainder funded via the Victorian Planning Authority’s managed development contributions fund for Fishermans Bend. All values presented are preliminary estimates, reflective of 2022/23 financial year costings and are subject to indexation. Final costs will be confirmed in the works-in-kind agreement.

7.2 The park is proposed to be delivered by the Developer through the works-in-kind delivery model. The Incorporated Document enables the agreement to set out requirements and processes for plan approvals, construction supervision, maintenance requirements, and bonding associated with the proposed works, to the satisfaction of Port Phillip City Council and the Department of Transport and Planning. Council intends to request that its relevant costs are addressed and recovered through the works-in-kind model.

8. ENVIRONMENTAL IMPACT

8.1 The Project prioritises urban greening in the design, including an open grassed area, landscaping and canopy trees. The Project will address integrated water management needs. The Project will be subject to environmental audit to address land contamination removal and remediation requirements.

9. COMMUNITY IMPACT

9.1 The open space will be a valued local asset, providing passive open space, recreation and greening opportunities for the community.

9.2 The open space will contribute to the vibrancy of the activity centre, providing benefits for local residents, workers and businesses in the surrounds.

9.3 The provision of key community infrastructure like open spaces showcases and contributes to the liveability of Fishermans Bend and assists in maintaining market and development uptake.

9.4 The provision of pedestrian crossing will provide safety and convenience for pedestrians and other active transport users.

9.5 The construction process is anticipated to have relatively minimal impact on local businesses:

9.5.1 Vehicle access from directly adjoining sites on the east and west side of Johnson Street is to be removed through the Road Discontinuance process. These sites will have continued access from other streets including Boundary Street, Munro Street and Normanby Road during construction and after.

9.5.2 The adjoining site at 272-280 Normanby Road, South Melbourne is not in operation, the building has been demolished and the new development will be under construction at the same time as the park.

10. Gender Impact Assessment

10.1 The initial concept plan has been designed with gender impact considered, particularly safety and amenity. A formal gender impact assessment will be completed by Council at detailed design and approvals stage.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The Project aligns with Council Plan Strategic Direction 2 – Liveable Port Phillip, this includes delivering well-designed places that have safer access to quality open space, amenities and services.

11.2 The Council Plan supports partnering with the Victorian Government to deliver outcomes in Fishermans Bend.

11.3 Johnson Street Park is identified for delivery by 2025 in the Victorian Government’s Fishermans Bend Framework (released 2018). The project is also supported by the Government’s more recent releases including the Draft Fishermans Bend Urban Renewal Area Development Contributions Plan (released December 2023) and Draft Montague Precinct Implementation Plan (released December 2023).

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 Planning Scheme Amendment Request (late 2024)

12.1.2 Works-in-kind Agreement (late 2024)

12.1.3 Detailed Design and Approvals (late 2024 to early 2025)

12.1.4 Construction (2025)

12.1.5 Project completion and launch (2026)

12.1.6 Maintenance periods and handover (2026 onwards)

12.2 COMMUNICATION

12.2.1 Public media and communications on the Project’s approval will be progressed once the future works-in-kind agreement is signed by the Parties.

13. OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1. Johnson Street Park and Signalised Crossing - Project Design Scope⇩

2. Johnson Street Park and Signalised Crossing - Concept Design⇩

3. Draft Planning Scheme Amendment C233port documentation⇩

4. Johnson Street Park Engagement Summary Report⇩

Meeting of the Port Phillip City Council

4 September 2024

11.1	Port Phillip EcoCentre Funding Agreement
Executive Member:	Brian Tee, General Manager, City Growth and Development
PREPARED BY:	Julian Donlen, Principal Sustainability Partnerships Officer

1. PURPOSE

1.1 To present the proposed new EcoCentre Funding Agreement for the period 1 July 2024 to 30 June 2029 for approval by Council.

2. EXECUTIVE Summary

2.1 Council has had a Funding Agreement for services delivered by the Port Phillip EcoCentre (‘the EcoCentre’) since its establishment in 1999.

2.2 A new Funding Agreement is proposed for the period 1 July 2024 to 30 June 2029.

2.3 Council has approved budget for the new Funding Agreement as part of the 24/25 Council Plan and Budget process.

2.4 The proposed new funding agreement varies from the previous Funding Agreement in the following ways, it includes:

2.4.1 increased funding to cover cost increases to maintain current services levels, as approved through the 24/25 Council Plan and Budget process.

2.4.2 funding for an 18-month trial to operate on weekends, as approved through the 24/25 Council Plan and Budget process.

2.4.3 updated purpose, outcomes and Key Performance Indicators (KPIs) to align with the Act and Adapt Sustainable Environment Strategy 2023-28.

2.4.4 KPIs updated to better capture the percentage of participants intending to take follow up actions because of their involvement with the EcoCentre.

2.4.5 an update to one of the KPIs (number of community participants in programs) to better align with the 24/25 Council Plan and Budget and to reflect the level of service delivered with the given funding.

2.4.6 the addition of indicators to be measured during the 18-month trial to allow for evaluation of the weekend opening hours.

2.5 The proposed 2024-2029 EcoCentre Funding Agreement is included as Attachment 1

3. RECOMMENDATION

That Council:

3.1 Enters into a Funding Agreement with the Port Phillip EcoCentre Inc. for the period 1 July 2024 to 30 June 2029. Attachement 1.

3.2 Delegates authority to the Chief Executive Officer to sign the Funding Agreement with the Port Phillip EcoCentre and correct any typographical and other errors not impacting the intent of the Agreement.

4. KEY POINTS/ISSUES

24/25 Council Plan and Budget

4.1 Council’s current EcoCentre Funding Agreement (2019-24) for services delivered by the Port Phillip EcoCentre has expired. A new Funding Agreement is proposed for the period of 1 July 2024 to 30 June 2029.

4.2 Council approved funding for the EcoCentre as part of the 2024/25 Council Plan and Budget at its meeting on 26 June 2024. This included the following changes to the annual funding provided in 2023-24 under the previous agreement.

· An increase of $51,000 to the annual funding provided to the Eco-Centre to fund above inflation cost pressures.

· Annual funding of $68,000 for an 18-month trial period to facilitate the Eco-Centre to operate on both Saturday and Sunday.

4.3 Additional funding for the 18-month trial of weekend operations will be provided by Council: $34k (ex GST) in 2024-25, and $68k (ex GST) in 2025-26. The 18 month trial is proposed to commence in January 2025, to allow the EcoCentre to relocate to the completed redevelopment and prepare for the trial.

Background

4.4 Port Phillip EcoCentre was established by Council and the community in 1999. Since then, Council has supported the Port Phillip EcoCentre via an annual Funding Agreement and through a subsidised lease agreement.

4.5 Due to constraints on growth, comfort levels, and an assessment that the building was not ‘fit-for-purpose’, the 2019/20 Council Plan and Budget included a commitment to redevelop the EcoCentre. Redevelopment of the EcoCentre Facility in the St Kilda Botanical Gardens is due for completion in 2024.

4.6 The most recent annual report to Council on EcoCentre’s performance against the KPIs in the Funding Agreement showed fifteen of the seventeen KPIs in the 2019-24 Agreement were above target, with two KPIs ‘Off Track’ (Details of performance against the targets in 2019-2024 Agreement are outlined in Attachment 2):

4.6.1 The KPI of ‘Number of community participants in programs’ was impacted by COVID restrictions and was ‘off track’. The COVID restrictions appear to have changed the ongoing way people engage with the EcoCentre, beyond that time.

4.6.2 COVID restrictions and programming also affected the ability to achieve the target for the indicator: ‘Number of young people participating in addition to school programs (aged 12-25)’ in the last reported year of the Agreement.

Draft Funding Agreement 2024-2029 (Attachment 1)

4.7 The new Funding Agreement aims to maintain the current levels of service and capture additional outcomes associated with the trial opening on weekends for 18 months.

4.8 The new Funding Agreement has also been updated to align with current Council policies and strategies.

4.9 As a result, the key changes in the new Draft EcoCentre Funding Agreement include:

4.9.1 Increased funding to cover rising costs to maintain current levels of services.

4.9.2 Funding for an 18-month trial to operate the redeveloped EcoCentre on weekends.

4.9.3 Purpose, outcomes and key performance indicators updated to deliver on the Council Plan by addressing the priorities and initiatives of the Act-and-Adapt-Sustainable Environment Strategy-2023-28.

4.9.4 More detailed indicators to better capture the percentage of participants intending to take follow up actions because of their involvement with the EcoCentre.

4.9.5 An update to the Key Performance Indicator (number of community participants in programs) to better align with the 24/25 Council Plan and Budget and to reflect the level of service able to be delivered within the given funding.

4.9.6 The addition of indicators to be measured during the 18-month trial to evaluate the benefits of weekend opening hours.

Changes to Key Performance Indicators (KPIs)

4.10 New KPIs have been included so the EcoCentre will report on outcomes (changes to behaviours etc. rather than outputs (number of hours, services, etc). The new KPI’s are outlined in Table 1.

Table 1- New Key Performance Indicators (KPIs)

Indicator	Target
Participants who gain knowledge and awareness about the local environment	90%
Participants who gain skills or confidence	70%
Participants who build connections to new people or community groups	75%
Participants who plan to take new action(s) following EcoCentre participation. Plus % planning per type of actions reported: (a) Energy efficiency or emissions reduction (b) Improving resilience to extreme weather (c) Reducing waste or improving circularity (d) Water saving (e) Greening or biodiversity (f) Other	90%

Targets

4.11 As reported in the EcoCentre annual reports the annual target of 19,000 participants has not been met throughout the last funding agreement (5 years). During that period, the EcoCentre averaged 14,843 participants. Accordingly, the 23/24 Council Plan and Budget target for participants in EcoCentre programs during 23/24 was reduced 12,500 to reflect this outcome and COVID conditions. The draft agreement proposes a target of 16,500 participants annually for the period of the weekend trial and 15,000 thereafter. This considers factors including,

4.11.1 Funding has only been increased to maintain existing services levels.

4.11.2 The participation rate will increase because of the 18-month trial of weekend openings which has a target participation rate of 1500. (refer to Table 2).

Reporting and Evaluation of the 18-month Weekend Trial

4.12 The KPI table includes indicators to be reported on during the 18-month pilot to enable evaluation. The KPIs which will capture performance during this time include:

· Additional number of community participants in programs.

· Additional number of community activities supported.

· Additional number of responses to community enquiries.

Table 2- Key Performance Indicators (KPIs)

This table outlines the proposed targets in the Draft 2024-29 Funding Agreement.

	Indicator	Annual Target during pilot period (when open on weekends)	Annual target outside weekend pilot period	Twice a year report	Annual report
1	Number of Participants in programs	16,500	15,000	x
2	Number of Volunteers	3,000	3,000	x
3	Number of Volunteer hours	16,000	16,000	x
4	Participants who gain knowledge and awareness about the local environment	90%	90%		x
5	Participants who gain skills or confidence	70%	70%		x
6	Participants who build connections to new people or community groups	75%	75%		x
7	Participants who plan to take new action(s) following EcoCentre participation Plus % planning per type of actions reported: (a) Energy efficiency or emissions reduction (b) Improving resilience to extreme weather (c) Reducing waste or improving circularity (d) Water saving (e) Greening or biodiversity (f) Other	90%	90%		x
8	Total number of community activities supported	750	700	reported on six monthly during trial period	x
9	Total number of responses to community enquiries (midweek and weekend)	8300	4300	x
10	Number of young people participating in addition to school programs (aged 12-25)	700	700
11	Number of Port Phillip schools that receive support and advice	18	18	x
12	Number of Port Phillip school students that participate in environmental and climate leadership activities	80	80	x
13	Number of Port Phillip teachers and educators that participate in professional development	15	15	x
14	Number of Port Phillip schools and early childhood centres that deliver projects that reduce greenhouse emissions, water use, and waste and/or increase biodiversity	4	4		x
15	User satisfaction rating (across all programs)	95%	95%		x

5. CONSULTATION AND STAKEHOLDERS

5.1 The Port Phillip EcoCentre featured in almost 70% of the 186 comments received as community feedback on the draft Council Plan Budget (Year 4) for 2024/25. 106 comments supported the continued or increased funding of the EcoCentre, and 36 comments specifically referenced support for the new weekend hours.

5.2 Issues pertaining to the redevelopment, Funding Agreement, lease, and operations of the Port Phillip EcoCentre are discussed with Council officers and the EcoCentre President and Executive Officer at the EcoCentre Steering Committee every six weeks.

6. LEGAL AND RISK IMPLICATIONS

6.1 Changes to the support and annual funding for services delivered by the EcoCentre may present a risk to Council’s reputation, given the long-term partnership and support from Council, and profile of the EcoCentre in the community.

7. FINANCIAL IMPACT

7.1 Council provides the EcoCentre with financial support by way of a subsidised lease. The proposed annual rent of the facility is $406 plus GST. This compares with the estimated market rent of $148,000.

7.2 Total Expenditure for EcoCentre services under the annual Funding Agreement 2024-29 and 18-month weekend trial is set out below.

8. ENVIRONMENTAL IMPACT

8.1 The redeveloped EcoCentre facility aims to achieve a high ‘6 Star’ Green Star rating (Design and As Built).

8.2 The Port Phillip EcoCentre delivers environmental programs and training to increase the ability of the community to reduce their environmental impact and takes actions to deliver environmental benefits for our bay, beaches, rivers and other environments.

9. COMMUNITY IMPACT

9.1 As detailed in the EcoCentre Annual Report for 2022-23, the EcoCentre delivers programs and partnerships. The EcoCentre survey of participants found that, because of their EcoCentre experience:

· 88% of participants feel more involved in their community and

· 82% of participants surveyed felt a better sense of belonging and wellbeing because of their EcoCentre experience.

10. Gender Impact Assessment

10.1 The redeveloped facility will enable an improved space to support social inclusion programs based on connection to the local environment, such as the current program supporting local single mothers to connect with nature.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Council has committed to supporting Port Phillip EcoCentre and environmental education programs in the Council Plan 2017-27, and in its Act and Adapt Sustainable Environment Strategy 2023-28.

11.1.1 Act and Adapt Sustainable Environment Strategy 2018-28 commitments include:

· Lead the Port Phillip EcoCentre redevelopment and invest in EcoCentre programs that support an environmentally aware community.

· Promote the redeveloped EcoCentre as a hub for community-led action, empowering youth, schools, residents and visitors to address climate change impacts by connecting with the local environment.

11.1.2 Council Plan and Budget 2021-31 commitments include:

· Sustainable Port Phillip initiatives:

o We will partner with the EcoCentre, the Victorian Government and other key stakeholders, to deliver programs that support an environmentally aware community and to redevelop the EcoCentre building.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 Pending Council approval of the Funding Agreement, officers will arrange co-signing of the Funding Agreement with Port Phillip EcoCentre representatives.

12.1.2 The signed Funding Agreement will form an attachment to the Lease of the redeveloped facility.

12.1.3 Performance against the Funding Agreement will be reported by the EcoCentre and reviewed in collaboration with Council officers to ensure that the outcomes in this funding agreement are achieved and challenges are addressed.

12.2 COMMUNICATION

The following key messages will be used to communicate the approved Funding Agreement.

12.2.1 As part of Council’s commitment to a sustainable future, City of Port Phillip has a longstanding partnership with the Port Phillip EcoCentre.

12.2.2 Council’s commitment to the EcoCentre includes partnering with the Victorian Government to deliver a more functional and sustainable EcoCentre building. The new building will increase the EcoCentre's ability to deliver sustainability programs, meet compliance requirements, and provide a leading example of environmentally sustainable design.

12.2.3 To maximise the benefits of the redeveloped EcoCentre facility, Council has funded for a further 5 years to 2029.

12.2.4 In addition to increasing funding to maintain EcoCentre’s services, Council is providing funding for the Eco-Centre to operate on both Saturday and Sunday for an 18-month trial period.

13. OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1. Draft Port Philip EcoCentre Funding Agreement 2024-2029⇩

2. EcoCentre Funding Agreement Report to CoPP 2022-23⇩

3. Port Phillip EcoCentre Funding Agreement 2019-24⇩

Meeting of the Port Phillip City Council

4 September 2024

11.2

Stormwater Harvesting and Elster Creek

Executive Member:

Brian Tee, General Manager, City Growth and Development

PREPARED BY:

Natalie Barron, Principal Water Officer

Beth McLachlan, Head of Sustainability and Climate Change

1. PURPOSE

1.1 To seek Council endorsement for funding opportunities and to progress to the next stage of delivery of the Elwood Park Expansion Stormwater Harvesting Scheme.

2. EXECUTIVE Summary

2.1 Since 2018 the City of Port Phillip (CoPP) has been investigating stormwater harvesting opportunities to reduce our reliance on potable water for irrigation and to reduce stormwater pollution entering Port Phillip Bay.

2.2 To manage risks associated with the delivery of a Stormwater Harvesting Scheme and to maximise external funding opportunities, this report identifies options to deliver the Elwood Park Expansion Stormwater Harvesting Scheme in four stages.

2.3 Stage 1 extends the existing stormwater harvesting system at Elwood Park which receives treated stormwater from Yalukit Willam Nature Reserve to MO Moran Reserve. It includes planting along Elwood Canal to deliver environmental benefits to local native species. It is proposed that Stage 1 be delivered, in part, with funding from the Federal Government’s Urban Rivers and Catchments program and Council funding.

2.4 Stages 2 to 4 includes an underground storage tank at MO Moran Reserve, and pipe extension to Marina Reserve (Stage 2), St Kilda Foreshore (Stage 3) and Peanut Farm Reserve (Stage 4). Stage 2 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme is proposed to be part funded by Council and external funding.

2.5 CoPP was successful in our submission for $1.7M from the Federal Government’s Urban Rivers and Catchments Program. The program is administered by the State Government (Department of Energy, Environment and Climate Action, DEECA).

2.6 The funding agreement with the Federal Government (Department of Climate Change, Energy, the Environment and Water, DCCEEW) has a Federal Government requirement to include and contribute CoPP funding to Elwood Canal plantings. This was to align the project with the Federal Government objectives to improve on ground environmental outcomes.

2.7 Costings of the Elwood Park Expansion Stormwater Harvesting Scheme of $5,462,000 were provided to Council on 21 February 2024. The updated cost is $7,104,000. These figures include a 40% construction contingency.

2.8 This cost increase is due to annual inflation and cost escalation ($463k), staging costs ($373k), delivery of the Elwood Canal Planting Plan ($505k), design contingency ($93k) and construction contingency ($1.75M). While the total project cost has increased, the CoPP contribution has decreased due to external funding opportunities.

2.9 The total project cost estimate for the Elwood Canal planting and Stage 1 is $3,142,000 (including 40% contingency). With $1.7M funding from the Urban Rivers and Catchments program, $1,442,000 would need to be funded by Council which can be covered through existing project budget.

2.10 Cost estimate for Stages 2 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme is $3,962,000 (including 40% construction contingency). Officers will apply to South East Water’s Greening and Open Space Program for Stages 2 to 4. Funding applications are expected to open in August 2024, with a decision expected by the end of 2024. To meet the South East Water’s grant requirements, Council would contribute 50% (i.e. $1,981,000) which can be covered through the existing project budget.

3. RECOMMENDATION

That Council:

3.1 Notes the updated phasing for the Elwood Park Expansion Stormwater Harvesting Scheme to deliver the project in four stages.

3.2 Delegates authority to the CEO to enter a Funding Agreement with the Department of Energy, Environment and Climate Action (DEECA, State Government) on behalf of the Department of Climate Change, Energy, the Environment and Water (DCCEEW, Federal Government) for $1.7M from the Urban Rivers and Catchments Federal Program.

3.3 Agrees to proceed to detailed design for Stage 1 of the Elwood Park Expansion Stormwater Harvesting Scheme subject to Council entering the Funding Agreement as stipulated in 3.2.

3.4 Notes that following the detailed design stage 1 the project will be presented to Council should a further decision be required to address any elements of the project if they are identified as being off track

3.5 Agrees to utilise $1,442,000 from the existing Council budget in the Stormwater Harvesting Design Project (Project 1490) for delivery of Stage 1 of the Elwood Park Expansion Stormwater Harvesting Scheme and delivery of the Elwood Canal Planting Plan.

3.6 Agrees to engage with South East Water for the provision of technical expertise on the delivery of Stage 1 of the Elwood Park Expansion Stormwater Harvesting Scheme.

3.7 Endorse a submission to South East Water’s Greening and Open Space Program for the delivery of Stages 2 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme.

4. KEY POINTS/ISSUES

4.1 In the past 10 years Council's water use has more than tripled, with approximately 50% of our water use due to irrigation.

4.2 The Act and Adapt Strategy includes commitments to investigate and implement stormwater harvesting to reduce potable water use and reduce stormwater pollution entering Port Phillip Bay.

4.3 The Council Plan 2021-31 includes an action to “assess feasibility of stormwater harvesting projects”.

4.4 In September 2019 a CoPP: Alternative Water Use Study identified four stormwater harvesting opportunities.

4.5 Council’s 2021/2022 budget approved funding to investigate the four projects. Council was briefed on high-level concept designs of the four potential schemes, along with initial costings and a Benefit-Cost Ratio analysis in October 2022. The Benefit-Cost ratio found that two of the four projects had a positive investment impact: Fitzroy Street/Catani Gardens and Elwood Park Expansion.

4.6 On 21 February 2024 Council decided to:

(a) Place Fitzroy St/Catani Gardens Stormwater Harvesting Scheme on hold.

(b) Pursue potential partnering and funding opportunities for the Elwood Park Expansion Stormwater Harvesting Scheme.

4.7 The Stormwater Harvesting Design budget has approximately $5M for 2024/25 to 2027/28.

The Project – Elwood Park Expansion Stormwater Harvesting

4.8 There is an existing stormwater harvesting scheme drawing water from Elster Creek in Yalukit Willam Nature Reserve/Elsternwick Park. The system is managed by Bayside City Council (Bayside) and CoPP. CoPP has an allocation of 30ML/year from the 100ML/year scheme. Water is connected to the Elwood Croquet Club and Head Street Reserve.

4.9 To expand this scheme a booster pump and pipe would be installed in Elwood Park to allow water to be distributed further north and along the coast to an underground storage tank with an irrigation pump station at MO Moran Reserve. Further piping will then be installed along the coast and to Peanut Farm Reserve.

4.10 The project will provide an additional 20-30ML/year of water from Yalukit Willam Nature Reserve to meet 85% of the demand of Elwood Park, Peanut Farm Reserve, St Kilda Marina, St Kilda foreshore and MO Moran Reserve.

4.11 The project requires approximately 3.5km of new stormwater pipe and, up to four pump stations (likely just one), to transfer water from Elwood Park to St Kilda Foreshore. The fall from Yalukit Willam Nature Reserve to St Kilda Foreshore is approximately -0.5m.

4.12 The location of the project components is provided on the map below:

4.13 To manage risks associated with the delivery of a Stormwater Harvesting Scheme and to maximise external funding opportunities, it is proposed to deliver the Elwood Park Expansion Stormwater Harvesting Scheme in four stages. A schematic of the stages is provided as Attachment 1. Stage 1 can be delivered independently of Stages 2-4.

4.14 A summary of the staging is as follows:

· Stage 1: Yalukit Willam Nature Reserve to MO Moran Reserve. Involves:

o Tying into the existing stormwater harvesting system at Elwood Park which receives treated stormwater from Yalukit Willam Nature Reserve.

o Construction of approximately 1.7km of pipework from Elwood Park to MO Moran Reserve.

o Booster pump at Elwood Park to transfer treated stormwater to MO Moran Reserve.

o Irrigation connections within MO Moran Reserve.

o Delivery of Elwood Canal Planting Plan to meet Federal Funding requirements and deliver environmental benefits to local native species.

o Improving structural connectivity of the Elwood Canal as an ecological corridor to support local fauna including threatened species, such as the Eastern Great Egret and Plumed Egret, Gang-gang Cockatoo, Grey-headed Flying Fox, and Swift Parrot.

o Provision of up to 12ML/year of treated stormwater for irrigation.

o Estimated reduction of 44kg/year of Total Nitrogen entering the Bay.

o Total cost estimate of $3,142,000 delivered with $1.7M Federal Funding and $1,442,000 of Council Funding.

· Stage 2: MO Moran Reserve to Marina Reserve. Involves:

o Underground storage tank at MO Moran Reserve.

o Booster pump at MO Moran Reserve to aid delivery of treated stormwater along coast.

o Construction of approximately 0.7km of pipework from MO Moran Reserve to Marina Reserve.

o Irrigation connections within Marina Reserve.

o Provision of up to 2ML/year of treated stormwater for irrigation.

o Estimated reduction of 7kg/year of Total Nitrogen entering Port Phillip Bay.

o Recommended to be delivered with stages 3 and 4, with 50% cost share between CoPP and external funding (e.g. South East Water).

· Stage 3: Marina Reserve to St Kilda Foreshore. Involves:

o Construction of approximately 0.8km of pipework from Marina Reserve to St Kilda Foreshore.

o Irrigation connections within St Kilda Foreshore.

o Provision of up to 5ML/year of treated stormwater for irrigation.

o Estimated reduction of 18kg/year of Total Nitrogen entering the Bay.

o Recommended to be delivered with stages 3 and 4, with 50% cost share between CoPP and external funding (e.g. South East Water).

· Stage 4: Marina Reserve to Peanut Farm Reserve. Involves:

o Construction of approximately 0.3km of pipework from Marina Reserve to Peanut Farm Reserve.

o Irrigation connections within Peanut Farm Reserve.

o Provision of up to 12ML/year of treated stormwater for irrigation.

o Estimated reduction of 44kg/year of Total Nitrogen entering the Bay.

o Recommended to be delivered with stages 3 and 4, with 50% cost share between CoPP and external funding (e.g. South East Water).

4.15 The total cost estimate for Stages 2 to 4 is $3,962,000. Council to contribute 50% (i.e. $1,981,000), through existing project budget.

Federal Funding Agreement: Stage 1 Elwood Park Expansion Stormwater Harvesting and Elwood Canal Plantings

4.16 Council applied for $1.7M from the Federal Government’s Urban Rivers and Catchments Program in May 2023. The program was a Federal Election commitment by Josh Burns MP to naturalise Elster Creek. In July 2023 Council was advised that we were successful in obtaining the funding.

4.17 In April 2024 the Federal Government advised that the project had to be delivered by June 2028, delivery could not rely on unsecured third-party funding and the project had to align with the Urban Rivers and Catchments Program objective of providing on ground environmental benefits.

4.18 In response, the stormwater harvesting project has been split into four stages, with Stage 1 being delivered with the Urban Rivers and Catchments funding and Council funding.

4.19 To meet the objective of delivering on ground environmental benefits, the Elwood Canal Planting Plan developed in 2023 and scheduled for long-term completion, has been bought forward and included in this project.

4.20 The Elwood Canal Planting Plan will establish and improve the quality of riparian habitat along Elwood Canal through targeted vegetation management works. This includes planting approximately 22,521 indigenous plants in newly created vegetation management zones and approximately 4,461m² of Elwood Canal Reserve cleared of dead, dominant and senescing vegetation.

4.21 The improvement in riparian habitat, includes more mid and understorey vegetation that will enhance the structural connectivity of the Elwood Canal as an ecological corridor to support local fauna including threatened species known to occur in the surrounding landscape. This includes establishing more roosting habitat for listed aquatic birds such as the Eastern Great Egret and Plumed Egret.

4.22 Planting palettes developed as part of the Elwood Canal Planting Plan consider the approximate Ecological Vegetation Class of the vegetation present on site and includes flora species that will attract and provide habitat for listed threatened fauna species that inhabit the riparian vegetation along the canal including (but not limited to) the Gang-gang Cockatoo, Grey-headed Flying Fox, and Swift Parrot.

4.23 Melbourne Water have provided a letter of support for plantings along Elwood Canal and our stormwater harvesting plans. Josh Burns MP and his office have advised Minister Plibersek’s office of their support for the project.

4.24 Discussions with the Federal Government are seeking to meet the following objectives:

4.24.1 The ability for Council to discontinue the project at any stage if the project is no longer feasible. For example, after detailed design Council may want to stop the project without re-funding any spent Commonwealth money.

4.24.2 That the planting plan can be delivered independently of the stormwater harvesting project, should that project become unfeasible and vice versa.

4.25 A copy of the standard funding agreement terms is provided as Attachment 2. This includes (but is not limited to) clauses around reporting requirements, dispute resolution, project scope, project variation, intellectual property, privacy, confidentiality, insurance, risk management and termination of the agreement.

Bayside City Council Agreement: Elwood Park Expansion Stormwater Harvesting

4.26 The existing stormwater harvesting scheme draws water from Elster Creek in Yalukit Willam Nature Reserve/Elsternwick Park which is in the City of Bayside, with Bayside City Council managing the infrastructure in the Reserve.

4.27 Officers are discussing an agreement with Bayside to expand the stormwater harvesting extraction to include water needed for Stages 1 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme. This agreement may include an annual contribution to the operating costs of the system; however, this is not expected to be significant.

4.28 In order to enter into this agreement Bayside first need to complete their wetlands design work and obtain approval from Melbourne Water to divert more water from the main drain. Ongoing discussions with Bayside have provided assurance the availability of water will not be an issue.

South East Water Funding: Stages 2 to 4 Elwood Park Expansion Stormwater Harvesting

4.29 South East Water have advised that applications for funding to South East Water’s Greening and Open Space Program are likely to open in the second half of 2024 with a decision expected by the end of 2024.

4.30 Officers are also in discussions with South East Water on an agreement for South East Water being a technical advisor on Stage 1 of the project. The involvement could include reviewing the tender specifications and participation on CoPP’s project control group. Including South East Water as technical advisor helps de-risk the delivery of the project as they are experts in the delivery of pipe and pump networks.

4.31 Total project cost estimate for Stages 2 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme is $3,962,000 (including contingency). Council would be required to contribute 50% of the costs (i.e. $1,981,000), through existing project budget allocation.

5. CONSULTATION AND STAKEHOLDERS

5.1 Officers are engaging with the Federal Government, South East Water and Bayside City Council as detailed above.

5.2 Officers have provided Melbourne Water a copy of the concept layout for Stage 1 so that the stormwater harvesting connection can be retained during the Elwood Main Drain Duplication. They expect no issues with our approach. Officers will continue to identify opportunities and efficiencies with projects that may be occurring concurrently with the Elwood Park Expansion Stormwater Harvesting project.

5.3 Governance structures have been initiated to cover Elwood projects for City of Port Phillip, Melbourne Water and Bayside City Council, which includes stormwater harvesting.

5.4 Officers have also engaged with the Department of Transport and Planning (DTP) on the approvals process, and DEECA have included the Elwood Park Expansion Scheme as a priority action (in feasibility stage) in the IWM Action Plan for Dandenong Catchment.

5.5 Discussions with Port Phillip Emergency Climate Action Network (PECAN) are ongoing and more formal community consultation is proposed as part of detailed design.

6. LEGAL AND RISK IMPLICATIONS

6.1 A risk register has been established for the program, and is provided below:

Risk Name	Risk Description	Rating	Risk Response
Soil Contamination	Investigations have revealed soil contamination. The risk is the potential cost increase associated with offsite disposal of this material.	HIGH	Quantity surveying of project costs. Research and RFQ for soil contamination facilities to lock-in best price prior to construction.
Governance	This is a novel project for CoPP and will require good governance for it to proceed.	HIGH	Establish project PCG and ensure representatives from impacted teams are included, e.g. Sustainability, Assets, Civil, Project Delivery, Open Space, Waste.
Geotechnical Conditions	The ground conditions at MO Moran Reserve may not be conducive for underground storage tanks due to fill material and groundwater level.	HIGH	Complete geotechnical investigation at start of detailed design and make decision on suitability of MO Moran Reserve. If not suitable, search for new site, e.g., Marina Reserve, Robinson Reserve.
Federal Funding Timeline	$1.7m in Federal funding under Urban Rivers and Catchments Program, requires the project be completed by June 2028.	HIGH	Work with stakeholders (internal and external). Contingency has been included in project plan to meet this deadline.
Federal Funding	Potential to lose funding if our submission is deemed to not comply to the Urban Rivers and Catchments Program objectives.	MEDIUM	Engaged ecologist to review environmental benefits of the project. Budget allocated for the planting plan, and reduced stormwater harvesting infrastructure required in Stage 1.
Bayside Negotiations	Expanding the Elwood Park Stormwater Harvesting System requires agreement with Bayside City Council for additional treated water. While interactions have been positive to date nothing has been confirmed and they could require financial contribution.	MEDIUM	Formalise the agreement with Bayside on access, operation, maintenance, priority of water use (e.g. during drought) and other technical requirements.
Council Sign Off	Council may not consider prior to the Council election, leaving decision to new Council in early 2025. This delay may jeopardise funding deadline.	MEDIUM	Book in ELT and Council dates.
Design Uncertainty	During design phase costs could increase. Further investigation may be required. Different pipe routes, or reserves may need to be investigated impacting timeline.	MEDIUM	High design costs are budgeted for, and 20% contingency included on design phase. Staged process is proposed.
Environmental Risks	Environmental risks associated with construction activities such as soil decontamination, waste collection and discharge, noise, dust and pollution.	MEDIUM	Site Environmental Management Plan implemented.
CHMP Requirements	Current advice suggests CHMPs will be required for stormwater harvesting schemes. Potential impact to project timelines and cost.	MEDIUM	Begin process. Allow contingency in timeline. Project plan developed using timelines currently being experienced on CoPP projects.
Planning Permit Approval	Current advice is that a planning permit will be required for proposed stormwater harvesting schemes.	MEDIUM	Begin permit process. Project plan developed using permit timelines currently being experienced on CoPP projects. Allow contingency within project for delays.
Resourcing	Resources are not available or lack of qualified resources internally may impact quality of works, delivery program and cost.	MEDIUM	Project Delivery team to engage a suitably qualified project manager. Project to be transferred from Sustainability to Project Delivery.
Construction Cost	The construction costs associated with stormwater harvesting have close to tripled between 2021 and 2023. Costs will continue to increase.	MEDIUM	Quantity surveying and updating expected costs and build in contingency.
Market Cost Response	Project costs exceed allocated budget due to market response.	MEDIUM	Get quantity surveying done after concept and after detailed design. A decision point post detailed design will ensure that the project goes back to Council for decision if it is not on track.
Market Timeline Response	Project timing due to market response exceeds allocated timeline of grants.	MEDIUM	Staging of project to reduce construction requirements of Stage 1. Contingency included within project plan for delays.
MACA Consent	MACA consent required following detailed design and before construction could delay.	MEDIUM	Begin permit process. Project plan developed using permit timelines currently being experienced on CoPP projects. Allow contingency.
Internal Project Conflicts	Spatial placement and alignment with other projects as multiple projects planned in same area, e.g., Elwood Foreshore Masterplan, Pier Road and Bay Trail, St Kilda Promenade.	MEDIUM	Early and regular stakeholder engagement. Consideration of agility in concept plan, and alternatives that can be investigated during detailed design. Look for project alignments and potential savings (timeline/budget) through parallel delivery.
Stakeholder Engagement	Risk that stakeholders (internal and external) are not engaged, impacting deliverability of the project and positive project outcomes, e.g., links with other projects, resourcing.	MEDIUM	Hold Stakeholder Workshop/s, present at Design Round Table and at IWM Working Group. Set-up ongoing PCG for stormwater harvesting to interrogate risks, assumptions, and mitigation.
Fusarium wilt management	Spread of Fusarium wilt. Fusarium wilt is a serious disease of Canary Island Date Palms present in our soils.	MEDIUM	Implement Tree Protection Zones and contractor to apply CoPP Biosecurity Protocols for Fusarium wilt.
Yalukit Willam Nature Reserve	The design of Yalukit Willam Nature Reserve is being undertaken by Bayside City Council. This will change the current stormwater flow pattern impact stormwater volumes available for harvesting.	MEDIUM	Bayside is undertaking modelling which will allow us to understand the impact. This modelling will be reviewed by Melbourne Water. Continued engagement and meetings between the three organisations.
Head Street Drain Duplication	Melbourne Water are designing the Head Street Drain Duplication. The inlet for these works is Yalukit Willam Nature Reserve. There is potential conflict with our plans e.g., flow, connections, infrastructure layout.	MEDIUM	Work with Melbourne Water through their design process and advocate for our project. Regular stakeholder meetings to be organised and attendance at project working group.
Delivery of Treated Water	Treatment infrastructure is owned and operated by Bayside Council. Risk that water quality does not meet our requirements.	MEDIUM	Formalise requirements within Bayside agreement. Additional points of treatment and operation to be considered in detailed design.
Water Volume Reliability	Consideration of split of water between Bayside and CoPP during times of drought, or unexpected interruptions to supply.	MEDIUM	Confirm demand and future irrigation requirements. Scheme to be designed with minimum reliability. Include connection to potable supply. Reach agreement with Bayside.
Heritage Requirements	Heritage requirements could impact cost, timelines and design (e.g. pipe routes).	LOW	Begin permit process. Project plan developed using permit timelines currently being experienced on CoPP projects. Allow contingency.

7. FINANCIAL IMPACT

7.1 Costings of the entire Elwood Park Expansion Stormwater Harvesting Scheme of $5,462,000 were provided to Council on 21 February 2024. The updated cost since February is $7,104,000 (including 40% construction contingency).

7.2 The increase in cost is due to annual inflation and cost escalation ($463k), staging costs ($373k), delivery of the Elwood Canal Planting Plan ($505k), design contingency ($93k) and construction contingency ($1.75M). While the total project cost has increased, the cost to CoPP has decreased if external funding is secured.

7.3 To manage risks associated with the delivery of a Stormwater Harvesting Scheme and to maximise external funding opportunities, it is proposed to deliver the Elwood Park Expansion Stormwater Harvesting Scheme in four stages.

7.4 Staging the Elwood Park Expansion Stormwater Harvesting Scheme allows Stage 1 to be delivered with Federal funding, irrespective of securing subsequent additional funding (e.g. a South East Water grant). A requirement of the Urban Rivers and Catchments funding is that it needs to be delivered by June 2028. We risk losing Federal Funding if we cannot sign a funding agreement in 2024.

7.5 The Stormwater Harvesting Design Project (Project 1490) budget has approximately $5M allocated to it from 2024/25 to 2027/28.

7.6 Stage 1 delivery of the Elwood Park Expansion Stormwater Harvesting Scheme is estimated to cost $3,142,000 (including 40% construction contingency).

7.7 With $1.7M funding from the Urban Rivers and Catchments program, $1,442,000 would be funded from Council’s existing project funding budget (Project 1490 Stormwater Harvesting Design).

7.8 A summary of costs for the Elwood Canal planting and Stage 1 delivery of the Elwood Park Expansion Stormwater Harvesting Scheme is provided in the table below:

Category	Cost
*Planting Plan Summary*
Removal Dead, Dominant and Senescing Vegetation	$211,400
Indigenous Plantings	$294,172
Net Planting Plan Cost	$505,572
*Stage 1 Stormwater Harvesting Summary*
Preliminaries (e.g. permits, insurances, site set-up, vegetation protection, sediment control, fencing, rubbish removal, traffic management, demobilisation, site supervision, signage, equipment float)	$251,097
Construction (e.g. excavation, trenching, boring, contaminated soil removal, clean fill, access tracks, pumps, irrigation connections, landscaping to disturbed areas, electrical works)	$1,329,928
Net Construction Cost	$1,581,025
*Fees Summary*
Consultants' fees (10%)	$208,660
Project Management fees (2.5%)	$71,546
Net Fees	$280,206
*Contingencies Summary*
Planting Plan (20%)	$101,114
Stormwater Harvesting (40%)	$632,410
Design (20%)	$41,732
Net Contingencies	$775,256
Project Total	$3,142,000

7.9 Project cost estimate for Stages 2 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme is $3,962,000 (including 40% construction contingency) of which CoPP would fund 50% i.e. $1,981,000.

7.10 Summary of costs for Stages 2 to 4 is provided in the table below:

Category	Cost
*Construction Cost Summary*
Preliminaries (e.g. permits, insurances, site set-up, vegetation protection, sediment control, fencing, rubbish removal, traffic management, demobilisation, site supervision, signage, equipment float)	$243,181
Elwood Expansion Stages 2 to 4 (e.g. excavation, trenching, contaminated soil removal, clean fill, access tracks, pumps, irrigation connections, landscaping to disturbed areas, electrical works, underground tank)	$2,303,856
Net Construction Cost	$2,547,037
*Fees Summary*
Consultants' fees (10%)	$254,704
Project Management fees (2.5%)	$90,420
Net Fees	$345,124
*Contingencies Summary*
Construction contingency (40%)	$1,018,815
Design contingency (20%)	$50,941
Net Contingencies	$1,069,756
Project Total	$3,962,000

7.11 Summary of funding sources provided in table below:

Funding Source	Funding Amount
Stage 1 Stormwater Harvesting and Elwood Canal Plantings
Urban Rivers and Catchments Funding (Federal Government)	$1,700,000
Council Funded (Project 1490 Stormwater Harvesting Design)	$1,442,000
Project Total	$3,142,000
Stages 2 to 4 Stormwater Harvesting
Greening and Open Space Funding (South East Water) – potential funding	$1,981,000
Council Funded (Project 1490 Stormwater Harvesting Design) – if successful with South East Water submission	$1,981,000
Project Total	$3,962,000
Grand Total	$7,104,000

7.12 The project costs are in 2024 dollars. An additional 5% (minimum) would be added to project costs to cover inflation for every year the projects are not constructed. Costs are exclusive of GST.

8. ENVIRONMENTAL IMPACT

8.1 The Elwood Park Expansion Stormwater Harvesting scheme will reduce pollutants entering the bay, helping to achieve CoPP nitrogen, phosphorus, and sediment reduction targets in the Act and Adapt Environmental Sustainability Strategy. An estimated 113kg/year of Total Nitrogen is projected to be stopped from entering Port Phillip Bay through construction of Stages 1 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme.

8.2 Modelling suggests a reduction in potable water use for irrigation by 20-30 ML/year. The actual annual reduction will depend on rainfall levels.

8.3 Other environmental benefits include, climate adaptation, drought resilience, ability to irrigate during water restrictions and reduction in urban heat island effect.

8.4 Climate change projections are for hotter temperatures, with more extreme storms and intense downpours, along with declining winter rainfall. This may lead to water shortages. As such, supplementing our potable water supply with alternative water sources, such as stormwater, is a critical step in our resilience planning.

8.5 The Elwood Canal Planting Plan will establish and improve the quality of riparian habitat along Elwood Canal through targeted vegetation management works. This includes planting of approximately 22,521 indigenous plants in newly created vegetation management zones and approximately 4,461m² of Elwood Canal Reserve cleared of dead, dominant and senescing vegetation.

8.6 The improvement in riparian habitat, includes more mid and understorey vegetation that will enhance the structural connectivity of the Elwood Canal as an ecological corridor to support local fauna including threatened species known to occur in the surrounding landscape. This includes establishing more roosting habitat for listed aquatic birds such as the Eastern Great Egret and Plumed Egret.

8.7 Planting palettes developed as part of the Elwood Canal Planting Plan consider the approximate Ecological Vegetation Class of the vegetation present on site and includes selecting flora species that will attract and provide habitat for listed threatened fauna species that inhabit the riparian vegetation along the canal including (but not limited to) Gang-gang Cockatoo, Grey-headed Flying Fox, and Swift Parrot.

9. COMMUNITY IMPACT

9.1 Public access to nature will be improved by increasing and supporting native vegetation, improving water quality and hydrology, and enhancing biodiversity.

9.2 An alternative water source provides a level of drought resilience and climate change adaptation for open spaces, contributing to greener grass, healthier soils, trees, and vegetation.

9.3 Irrigation enhances the appeal of urban green spaces for community use by maintaining and increasing vegetation cover, supporting biodiversity, improving public access to nature, and increasing the provision of ecological services including clean air, mitigating the impacts of urban heat, and providing heat relief during hot periods through good soil moisture.

9.4 The reduction in stormwater flows to Elster Creek and the bay will reduce sediment and pollution entering the environment. In the longer-term, reducing nutrient loads in the bay will minimise potential algal blooms.

9.5 The stormwater storages are underground to minimise open space loss.

10. Gender Impact Assessment

10.1 A Gender Impact Assessment will be undertaken on designs and the principles considered throughout the design process.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Stormwater harvesting aligns with Strategic Action 3 – Sustainable Port Phillip of the adopted Council Plan 2012-31.

11.2 Council Plan 2021-31 includes an action to ‘Assess feasibility of stormwater harvesting projects’ in 2022/23.

11.3 The Act and Adapt Strategy, adopted in 2018 and reviewed in 2023 includes commitments to investigate and implement high value opportunities for stormwater harvesting to reduce potable water use and reduce stormwater pollution entering the bay.

11.4 Stormwater harvesting relates to Council’s declaration of a Climate Emergency, as it relates to water security.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 Overall key next steps for the Elwood Park Expansion Stormwater Harvesting Scheme are:

· July 2024 – December 2024: Negotiate a funding Agreement with Department of Climate Change, Energy, the Environment and Water (DCCEEW, Federal Government) and the Department of Energy, Environment and Climate Action (DEECA, State Government). DEECA is administering the Urban Rivers and Catchments Program on behalf of DCCEEW.

· August 2024 – September 2024: Submit a funding application for the South East Water Greening and Open Space Program, when available (estimated August/September 2024), and continue to discuss the role of South East Water in the delivery of Stage 1 of the Elwood Park Expansion Stormwater Harvesting Scheme.

· October 2024 – May 2025: Seek required agreement with Bayside City Council to deliver the Elwood Park Expansion Stormwater Harvesting Scheme.

12.1.2 To align the requirements of the Urban Rivers and Catchments to complete on ground works by June 2028, Stage 1 of the stormwater harvesting scheme would be phased as follows:

· Year 1 (2024): Project planning and contract negotiations, including agreements with the Federal Government and ongoing discussions with Bayside City Council.

· Year 2 (2025): Detailed design for Stage 1. Planting of 8,198 indigenous plants along Elwood Canal and dominant vegetation within 3,457m2 of Elwood Canal Reserve removed. Detailed design, planting and delivery are in the current Council workplan. Finalise Bayside City Council Agreement.

· Year 3 (2026): Complete design. A decision point post detailed design will ensure that the project goes back to Council for decision if it is not on track. Begin construction of Stage 1. Planting of 9,823 indigenous plants along Elwood Canal and dominant vegetation within 1,004m2 of Elwood Canal Reserve removed.

· Year 4 (2027): Complete construction of Stage 1. Planting of 4,500 indigenous plants along Elwood Canal.

· Year 5 (Jan – Jun 2028): Contingency.

12.1.3 To align with the expected requirements of South East Water’s Greening and Open Space Program, Stages 2 to 4 of the stormwater harvesting scheme could be phased as follows:

· Year 1 (2024): Project planning, including preparing funding proposal, discussing delivery partnerships, and undertaking contract negotiations (if successful).

· Year 2 (2025): Conclude contract negotiations and begin detailed design for Stages 2-4. Detailed design and delivery are in the current Council workplan.

· Year 3 (2026): Complete design of Stages 2 to 4, including delivery connection to Stage 1.

· Year 4 (2027): Begin construction.

· Year 5 (2028): Complete construction and contingency.

12.2 COMMUNICATION

12.2.1 Community engagement and consultation would be undertaken as part of the detailed design process.

12.2.2 Key message to the community is the alignment of stormwater harvesting projects with the Council Plan and commitments within the Act and Adapt Strategy and Climate Emergency Plan.

12.2.3 Key message to the community is the delivery of the Elwood Canal Planting Plan and its importance in providing improved habitat for local native and threatened species. Community planting days will also be planned as part of the project delivery.

13. OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1. Stormwater Harvesting - Staging - Concept Design⇩

2. Urban Rivers and Catchments - Standard Funding Agreement⇩

Meeting of the Port Phillip City Council

4 September 2024

13.2

Presentation of Annual Report: Palais Theatre Year 7

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 present the Palais Theatre Annual Report as required pursuant to Clause 16 (Annual Report and Forecast) of the Lease Agreement for the activities undertaken by Live Nation Australia Venues Pty Ltd (Lessee) for the period 1 April 2023 to 31 March 2024 (“reporting period”).

2. EXECUTIVE Summary

2.1 Council entered into a Lease with Live Nation Australia Venues Pty Ltd (“Live Nation”) for the Palais Theatre for a term of 30 years commencing 1 April 2017.

2.2 The lease requires Live Nation as Lessee to provide an Annual Report with prescribed content, to Council as Lessor.

2.3 Annual reporting is to include information around utilisation, high level demographic information, activity undertaken by Live Nation, upgrade works at the venue, and activity for the Palais Theatre Community Fund.

2.4 Live Nation have provided their Annual Report to Council for review and noting.

2.5 Council Officers are satisfied with the content of the report for the reporting period ending 31 March 2024.

3. RECOMMENDATION

That Council:

3.1 Notes and accepts the Palais Theatre Annual Report and declares it is satisfied with the activities undertaken by Live Nation for the period ended 31 March 2024.

4. KEY POINTS/ISSUES

4.1 The reporting requirements under the terms of the lease are divided into separate segments. A summary of each segment is provided as follows. The original document is attached for further detail.

4.2 Over the past twelve months, the Palais has been able to complete, following the COVID-19 pandemic, some large transformational enhancements to the 96-year-old venue. These include:

4.2.1 Stage On Seat Replacement;

4.2.2 Design and documentation of Stage Two Seat Replacement; and

4.2.3 Supply and installation of a new fit-for-purpose air conditioning and heating system within the auditorium.

Repairs and Maintenance Works

4.3 The total level of spend on ‘routine’ maintenance for the reporting period was $42,953.00.

4.4 The total level of spend on ‘reactive’ maintenance for the reporting period was $63,956.00.

4.5 The aggregate total for routine and reactive maintenance for the period 1 April 2023 to 31 March 2024 was $106,909.00.

4.6 A summary of the routine and reactive repairs and maintenance undertaken during the period is included on page 4 of the attached Annual Report (refer Attachment 1).

5. BOOKING SCHEDULE – Operations & events

2023/2024 Event Schedule

5.1 The event schedule has been presented by calendar year as all Live Nation reporting, tracking, and statistical analysis is undertaken on a per quarter basis over a calendar year.

5.2 Palais Theatre has continued to build momentum in this space and has experienced one of its busiest years in bookings with a record number of 142 shows conducted, representing an increase of 10 shows on the 2022/2023 reporting period.

5.3 The diversity of content was a highlight with a variety of local and international offerings including comedy, opera, ballet, film, live music, public speakers, schools, community, and performing arts.

5.4 The 2023/2024 event schedule is included on pages 9-12 inclusive of the attached Annual Report.

2024 and 2025 Event Schedule – Bookings Forecast

5.5 As at the date of this report, Live Nation have 102 confirmed and on sale shows.

5.6 Live Nation anticipate conducting up to 150 ticketed performances in the 2024-2025 reporting period.

5.7 The booking schedule for 2024/2025 is included on pages 15 to 17 inclusive of the attached Annual Report.

Community Benefit

Community Reservations

5.8 Under the terms of the lease, Live Nation agrees to hire the use of the Palais Theatre to Council at a one-off charge of $1 (including GST) plus the operating costs for up to 8 days for community purposes.

5.9 These events are to be nominated by the Landlord at least twelve months in advance.

5.10 Live Nation continued to offer a discounted rental rate for schools as an incentive to utilise the venue. Mentone Grammar, Firbank Grammar, MacRobertson Girl’s High, Parkdale Primary School, and Elwood Primary School held functions at the Palais Theatre during the 2023/2024 reporting period. This is a significant increase on the previous reporting period, noting only one school hired the venue in the 2022/23 reporting period.

5.11 Noteworthy community reservations outside of these reservation grants included:

· St Kilda Festival;

· St Kilda FC Screening;

· Dine with Heart; and

· Zionism Victoria.

Palais Theatre Community Fund

5.12 The Palais Theatre Community Fund (PTCF) was established in late 2017.

5.13 As at May 2024, the PTCF has raised $453,260.28 solely from Live Nation contributing $0.50 for every ticket sold at the venue.

5.14 The 9^th and 10^th round of the Grant program ran in July 2023 and December 2023 respectively.

5.15 The 11^th round of the Grant program officially launched in June 2024.

5.16 The 2023/2024 PTCF was able to run two grants, rewarding the highest amount of grants since the PTCF inception, totalling $108,779.

5.17 The following applicants were successful with funds totalling $108,779:

Palais Theatre Community Fund Round 9

Round 9 witnessed a record number of 20 successful applications with a total of $83,778 being awarded, ranging from $2,500 to $5,000 per grant. This figure represented the highest ever amount being awarded in a single Round.

The following organisations were successful with their applications:

· Albert Park College Art Show – Parents and supportive community members present the Albert Park Art Show to raise funds for the school.

· Australia National Memorial Theatre Limited – Funds are used to re-upholster many of the theatre seats that are beyond repair.

· Ballet Lab Temperance Hall – Funds are allocated towards the Melbourne Fringe Program.

· Christ Church Mission Inc. – The grant enables CCM Inc. to continue the provision of weekly Emergency Relief to vulnerable members of the community.

· Elwood St Kilda Neighbourhood Learning Centre – The grant allows the ESNLC to continue to provide a space for community members to utilise the Centre including kitchen facilities.

· Elwood Toy Library – Funds are utilised to update the Toy Library website.

· Gasworks Arts Inc – The funding contributes towards the replacement of the cyclorama cloth in the theatre.

· Hayley Halo – Funding is allocated towards the continual refurbishment of the space for roller skating, classes, and educational learning.

· Housing First – Funds are channelled to support the Housing First Art Exhibition.

· Linden New Art – Funds are allocated towards the “Brave New Artists Project”.

· Melbourne Fringe – The grant is allocated towards Design Fringe, a platform for independent and emerging designers and artists.

· Melbourne Shakespeare Company – Funds are allocated towards the production of ‘The Whale’ (film).

· Port Melbourne Secondary School – Funds will be directed into the Port’s Expert in Residency Program, dedicated to enriching students’ educational journey.

· Port Phillip Eco Centre – Funds are allocated to facilitate Sustainability Talks (a curated series of interactive seminars).

· Port Phillip Pickers – The grant will support the running costs of the ‘Olive Oil’ celebration event.

· South Melbourne Primary School – Funds will support the sensory overload experience by creating a temporary space / installation.

· Space2b Social Design – Funds support opportunities for newly arrived migrants to connect within the local community.

· St Kilda Police & Citizens Youth Club – Funds are allocated towards providing a structural environment for students to complete their homework with the support of local youth workers.

· St Kilda St Patricks Festival Inc. – Funds are allocated towards the St Patricks Festival, the local carnival and parade activated in Acland Street, St Kilda.

· The Pride Fund – The funds are allocated towards two concerts at ANAM based in the City of Port Phillip.

Palais Theatre Community Fund Round 10

Round 10 was delivered during the second half of 2023 with five grants of $5,000 issued to the following applicants:

· Phillip Adams Ballet Lab and Temperance Hall – The funds will be channelled into the Midsumma Festival 2024, contributing towards the performance for LGBTQI audiences in the heart of the City of Port Phillip.

· The Scout Association of Australia Victoria Branch Inc, 1^st Elwood Scout Group – Funds will be utilised to refresh outdated signage to provide greater reach to the young community in the City of Port Phillip.

· Rawcus Theatre Company Inc – Funds will be used for the Sea Symphony.

· We Support You Ltd – Chabad St Kilda will invite the community to celebrate Channukah - The Jewish Festival of Light in parks across Port Phillip. The celebration will include candle lighting, prayers, traditional food, and activities.

· National Theatre Ballet School – Funding will be used to modernise the studios to create a safe and welcoming space for ballet students, community events, and classes.

5.18 The balance in the Community Fund Bank Account as at the end of March 2024, was $65,717.31.

Corporate and Social Responsibility

5.19 As part of the commitment to their Sustainability Goal, Live Nation are in the process of reviewing its new Environmental Policy, with the aim of rolling this out in 2024. Work has been undertaken by Live Nation to ensure its policy is applicable to all of its venues.

5.20 Live Nation engaged a suitably qualified consultant to undertake a solar power feasibility study in relation to installing solar power to the venue. This report, and preliminary discussions with DEECA and Heritage Victoria have determined that the installation of solar panels on the building will be challenging due to various restrictions and limitations. Live Nation are actively exploring alternative options with respect to sustainability initiatives.

Annual Forecast (Management of Assets and Facilities)

5.21 The lease contains a provision for a ‘Building Improvement Sinking Fund’ (‘the BISF’) in which Live Nation contributes a sum of $500,000 per annum (annually indexed to CPI) across the life of the lease to be allocated toward a prescribed schedule of venue infrastructure improvements.

5.22 On completion of the Year 6 (2022/2023) Annual report, the total agreed spend as per the BISF was $2,813,494. This results in Live Nation having a debit balance within the BISF program in the amount of $342,627.

5.23 For the 2023/24 period, the indexed BISF obligation was $559,186.

5.24 Throughout the 2023/2024 reporting period, Live Nation undertook $1,095,000 of works on the following items:

Description of BISF Works	Amount as per BISF
Solar – Feasibility Design Work	$12,000
Seating Restoration – Stage One	$947,000
House Lighting Control	$3,500
Replacement of Split Systems (A/C)	$23,500
Back of House Kitchenette	$20,000
Heating / Cooling Upgrade	$89,000
TOTAL	$1,095,000

5.25 In addition to the BISF works, the table below lists the works pre-approved by the City of Port Phillip for the 2023/2024 BISF which are currently in progress:

Description	Pre-Approved Works	Spend to Date	Remaining Spend
Solar – Feasibility Design Work	$50,00	$12,000	$38,000
Stage Valance	$75,000	$0	$75,000
Heating/ Cooling Upgrade	$3,800,000	$155,000	$3,645,000
TOTAL	$3,925,000	167,000	$3,758,000

5.26 The following BISF works are scheduled to be undertaken during the 2024/2025 period, pending City of Port Phillip approval.

Description of BISF Works	Scope	Proposed Amount
Seating Restoration – Stage Two	Replacement of Theatre Seating BISF Contingency Fund (Additional Funding)	$1,200,000 $350,000
Heating/ Cooling Upgrade	BISF – Contingency Fund (Additional Funding)	$1,667,000
Replacement of Lighting Bar	BISF – Contingency Fund	$55,000
Video Feed to Dressing Rooms	BISF – Contingency Fund	$20,000
Enhance Disability Bathroom Doors	BISF – Contingency Fund	$20,000
Billboard Lighting	BISF – Contingency Fund	$10,000
TOTAL	$237,595	$3,332,000

5.27 Live Nation have recently completed a Tender process for the supply and installation of a new air conditioning and heating system. The estimated project cost including contingency is $5.467 million. (Live) Nation have requested a BISF budget increase of $1.667 million to facilitate the delivery of this project.

5.28 In addition, following a Tender process for the supply and installation of Stage Two Seating replacement, the budget for this project has been increased from $1.2 million to $1.55 million. (Live) Nation have requested a BISF budget increase of $350,000 to bring the total project budget to $1.55 million.

5.29 The following non BISF Venue Improvements were completed during the 2023/2024 reporting period.

Description of Non BISF Works	Amount
Local Artist Mural - Backstage	$19,000
BOH Repairs & Painting (Lower Level)	$31,000
Car Park Lighting Upgrade	$5,000
Guard House for BOH	$11,000
Conversion of Cloak Room to Office	$35,000
Router Upgrade	$50,000
TOTAL	$151,000

5.30 The following non-BISF works are scheduled to be completed during the 2024/2025 reporting period.

Description of Non BISF Works	Amount
Merchandise Caravan	$100,000
Container Cool room	$75,000
Repainting Backstage (Upper Level)	$35,000
On Stage Drapes Replacement	$75,000
Front Foyer Tile Replacement	$20,000
TOTAL	$230,000

Council Capital Works Program

5.31 Under the lease, Council in its capacity as Lessor continues to be responsible for maintaining the external walls, facade, roof, floor structure in a structurally sound and weatherproof condition.

5.32 The following capital works items are underway at the Palais Theatre:

Palais Theatre Concrete Spalling

5.33 In mid-2020, a condition assessment was conducted on the reinforced concrete of the backstage area of the Palais Theatre after a fragment of spalled concrete dropped from a mezzanine-soffit onto a work area below.

5.34 The assessment found concrete delamination and spalled concrete in the mezzanine slabs, supporting beams and columns.

5.35 Make safe works were immediately undertaken, conducting concrete ‘knock-offs’ to break off any further loose concrete and installing netting across the area to catch any further falling pieces while rectification works were established and delivered.

5.36 In October 2020 a project was approved for investigation, design, and construction to rectify the spalling with a total budget of $918,000.

5.37 Detailed designs have been completed with planning and permit approvals in train following consultation with DEECA and Heritage Victoria. Works are planned to commence in May 2025 however, this could be brought forward if approvals are obtained earlier.

Palais Theatre Tunnel Rectification Works

5.38 The back of the western side of the Palais Theatre houses underground tunnels that are primarily used for pulling AV wires from the stage to the sound system room.

5.39 The tunnels located were identified in poor condition and temporary propping was subsequently installed to support the tunnels where there were signs of deflection and slab failure to ensure the safety of staff utilising the tunnels.

5.40 A report commissioned at the time identified the roof of the tunnels to be in poor condition with evidence of water ingress through cracking, spalling and severe corrosion of the reinforcement. The report noted that temporary propping has been installed to support the roof structure and the condition of the timber and probs was in good condition.

5.41 The recommendation was for works to provide temporary safe worker access with the consultants proposing a more suitable support propping system to reinforce the tunnels which was subsequently installed the same year.

5.42 The design stage for the proposed filling of the tunnels is advanced and is expected to be finalised within the next two months with a Tender program to be undertaken in late 2024. Works are expected to commencement in March 2025 following the completion of Live Nation’s two major projects, namely Seating Restoration (Stage Two) and the upgrade of the HAC system that will occur in Quarter 4 / 2024 and Quarter 1 (2025).

6. CONSULTATION AND STAKEHOLDERS

6.1 The Cultural & Economic Development (Arts and Festivals) team engage with the Palais on the implementation of the various community benefits within the lease.

6.2 Live Nation engage directly with the public regarding the advertising and management of grants from the Palais Theatre Community Fund.

6.3 Live Nation engages directly with applicants for the hire of the facility.

6.4 Council officers will continue to engage with Live Nation regarding the improvements to the facility and the administration of the BISF.

7. LEGAL AND RISK IMPLICATIONS

7.1 The annual reporting requirement is a way to foster an informed relationship between the Lessor and Lessee, ultimately providing an opportunity to manage any inconsistencies between the lease and the service offering.

7.2 Live Nation to date is managing their obligations as required by the lease in an efficient manner.

8. FINANCIAL IMPACT

8.1 The initiatives under the lease are generating a source of community funding.

8.2 The BISF is implemented to ensure a sustainable asset management model and a fully functioning and compliant facility when it reverts to Council at the end of the lease.

8.3 To date, Live Nation has invested $2,813,494 of funding through the BISF Fund.

9. ENVIRONMENTAL IMPACT

9.1 Under the BISF schedule, mandated works include environmentally sustainable building upgrades. Live Nation has implemented strategies to reduce the carbon footprint of the site including the introduction of compostable cups and have eliminated the single use plastics in the venue.

9.2 Live Nation’s Environmental Sustainability Charter identifies eight priority areas that make up their sustainability work, namely emissions and energy, resources use and waste, water food, public engagement, procurement, transport, and local impacts. Each area has been assessed in the context of their impact on and contribution to the relevant UN Sustainable Development Goals.

9.3 Over the past two years, Live Nation have undertaken a solar power feasibility study in relation to installing solar power to the venue. The study looked at the installation of solar panels on the roof to generate enough power to meet base (non-show mode) power needs of the venue.

9.4 Due to the positioning of the venue, the solar panels would need to be angled and slightly elevated to perform at any reasonable level and the panels would then impact on the external appearance of the venue.

9.5 Preliminary discussions with Heritage Victoria regarding the project indicated that the view of the panels would significantly impact on the exterior aesthetics of the venue to such an extent, that it would be highly unlikely that a heritage permit would be issued.

9.6 The Palais Theatre is working to identify alternative ‘Environmental Enhancement Initiatives’ that it can invest the $500,000 that was allocated to the solar panel project that will deliver a meaningful outcome.

9.7 Once the Palais Theatre has completed its investigations on alternative initiatives, it will work with Council to review preferred options before lodging a formal request to change BISF obligations from solar panels to the agreed new environmental enhancements.

10. COMMUNITY IMPACT

10.1 The 30-year lease is intended to harness and develop a long term mutually beneficial relationship between the Lessee and Lessor to provide an improved patron experience, increase community accessibility and deliver tangible financial benefits to the community through the Palais Theatre Community Fund initiative.

11. Gender Impact Assessment

11.1 In the opinion of Officers, this report has no detrimental gender implications.

12. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

12.1 The partnership and current tenancy agreement align with:

12.1.1 Direction 4 – Vibrant Port Phillip – “with a flourishing economy, where our community and local business thrive, and we maintain and enhance our reputation as one of Melbourne’s cultural and creative hubs”.

12.1.2 Direction 5 – Well Governed Port Phillip – “a leading local government authority, where our community and our organisation are in a better place as a result of our collective efforts”.

13. IMPLEMENTATION STRATEGY

13.1 TIMELINE

13.1.1 Live Nation will be required to submit their next report in July 2025.

13.2 COMMUNICATION

13.2.1 The next report will be presented at an Ordinary Council Meeting during September/October 2025.

13.2.2 Both Live Nation and City of Port Phillip are committed to the ongoing success of the Palais Theatre.

14. OFFICER MATERIAL OR GENERAL INTEREST

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

14.2 Chris Carroll, Chief Executive Officer, has previously declared a potential perceived and general conflict of interest in relation to this item due to their wife’s employment and business interests which sometimes see them as a competitor of Live Nation. They have had no involvement in the preparation of this report.

ATTACHMENTS

1. Palais Theatre Annual Report 2023/2024⇩

Meeting of the Port Phillip City Council

4 September 2024

13.3	Council and Planning Committee Meeting Timetable for 2025
Executive Member:	Joanne McNeill, Executive Manager, Governance and Organisational Performance
PREPARED BY:	Rebecca Purvis, Senior Council Business Advisor

1. PURPOSE

1.1 To amend the Council and Planning Committee Timetable for November and December 2024.

1.2 To present to Council a proposed timetable for Council and Planning Committee meetings for 2025.

2. EXECUTIVE Summary

2.1 Council’s Governance Rules require that Council must from time to time fix the date, time and place of all Council meetings and meetings of the delegated Planning Committee. Council may change the date, time and place of any Council meeting which has been fixed by it and must provide reasonable notice of the change to the public. The Chief Executive Officer, after consultation with the Mayor, in the case of an administrative matter or an emergency situation, may alter the date, time or location of a Council meeting by giving such notice to the Councillors and the public as is practicable.

2.2 It is proposed that in 2025 Council meetings continue the current process of being conducted on Wednesdays, and Planning Committee meetings conducted on Thursday. The monthly timetable is:

2.2.1 First Wednesday – 6.30pm Council meeting

2.2.2 Third Wednesday – 6.30pm Council meeting

2.2.3 Fourth Thursday – 6.30pm Planning Committee meeting

2.3 The proposed exceptions to the monthly timetable are (further details provided in paragraph 4):

2.3.1 The addition of a Special Meeting on the second Tuesday of May to hear feedback on the Council Budget.

2.3.2 The addition of a Special Meeting on the third Wednesday of June for Adoption of the Council Budget.

2.3.3 The removal of the Planning Committee meeting for the fourth Thursday of June due to the Special Meeting to adopt the budget occurring the night prior.

2.3.4 The removal of the Council meeting for the third Wednesday in July to allow for a break aligning with school holidays.

2.3.5 The removal of the Council meeting for the first Wednesday in October to allow for a break aligning with school holidays and to avoid coinciding with Yom Kippur.

2.3.6 Council meetings are delivered via a hybrid method that allows Councillors, officers and members of the public the option to meet in person (subject to State Government requirements) or to participate virtually through an online dial-in process.

2.4 Ordinarily the first meeting of the month is rotated between Port Melbourne and South Melbourne Town Halls. The South Melbourne Town Hall and Port Melbourne Town Hall are continuing to undergo building maintenance works and as such meetings are not proposed to be held there in 2025.

2.5 The timetable has been amended to avoid clashes with gazetted public holidays or days of significance.

Councillor Induction Programme

2.6 Officers are currently in the process of planning the induction programme for the incoming Council term. The planning process has meant some adjustments are required for the planned 2024 Council Meetings and Planning Committee Meetings to better align with the induction programme.

2.7 Officers will discuss the Council and Planning Committee Meeting timetable for 2025 with the incoming Councillors, who may choose to amend it.

3. RECOMMENDATION

That Council:

3.1 Adopts the Council and Planning Committee Meeting timetable for 2025 (Attachment 1).

3.2 Approves the following variations to the 2024 Council and Planning Committee Meeting timetable:

· Cancellation of the scheduled 20 November Council Meeting

· Cancellation of the scheduled 28 November Planning Committee Meeting

· Cancellation of the scheduled 4 December Council Meeting

· Cancellation of the scheduled 12 December Planning Committee Meeting

· Addition of a 27 November Council Meeting

· Addition of a 11 December Council Meeting

3.3 Notes that under the Governance Rules the Chief Executive Officer or delegate, after consultation with the Mayor, in the case of an administrative matter or an emergency situation, may alter the date, time or location of, or cancel a Council meeting by giving such notice to the Councillors and the public as is practicable.

3.4 Notes that following the 2024 Local Government elections, the incoming Council may choose to amend the Council and Planning Committee Meeting timetable for 2025 via formal resolution.

4. KEY POINTS/ISSUES

4.1 A Special Meeting of Council has been scheduled for 13 May 2025 to hear community feedback on the Council Budget. A Special Meeting of Council will also be held on 25 June 2024 for the Budget to be considered and adopted. No other items will be tabled at these meetings.

4.2 The proposed Council meetings schedule includes a Special meeting to be held on Wednesday 13 November 2024 to elect the Mayor and Deputy Mayor. Under the Local Government Act, if the Mayor is elected for a one year term, the next election of the Mayor must be held on a day that is as close to the end of the term as is reasonably practicable.

4.3 Under the Gender Equality Act 2020 Council has an obligation to advance gender equality in the workplace and when developing policies and programs and delivering services to the public. The effect that Council’s meeting schedule may have on people of different genders has been considered in the development of this schedule. Using opportunities to avoid meetings during the school holidays can make meetings more accessible for parents of school age children including community members, Councillors and officers.

5. LEGAL AND RISK IMPLICATIONS

5.1 Legal and risk implications are minimal. Council must give reasonable public notice of Council and Planning Committee meetings unless urgent or extraordinary circumstances exist.

6. FINANCIAL IMPACT

6.1 The current budget contains adequate financial and human resources to enable the preparation and conduct of all meetings as contained in the proposed 2025 schedule.

7. ENVIRONMENTAL IMPACT

7.1 The consideration by Council and adoption of the recommendations made in this report will not have any negative environmental impact.

8. COMMUNITY IMPACT

8.1 The timetable has been developed to allow for maximum participation by the community.

8.2 Livestreaming and Council’s Website

8.2.1 City of Port Phillip offers on-demand video and audio of Council meetings. Live streaming allows members of the public to view proceedings online without the need to attend Council meetings. This gives the community greater access to Council decisions and debate and eliminates geographic barriers preventing the public from attending meetings. Members of the public are able to access webcasts of live Council meetings, view archived meetings and follow links to meeting schedules, agendas and minutes, via Council’s website.

9. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

9.1 The setting of dates, times and places for Council and Planning Committee meetings are consistent with Council’s strategic direction 5 – Well Governed.

10. IMPLEMENTATION STRATEGY

10.1 Timeline

10.1.1 This report recommends setting a Council meeting and Planning Committee timetable for the 2024 calendar year.

10.2 Communication

10.2.1 Council is required by the Act to give notice of Council and Planning Committee meetings to the public. As often as practicable, an advertisement will be placed giving public notice of the upcoming Council and Planning Committee meetings. Council’s website will also be updated to reflect the meetings timetable adopted by Council.

11. OFFICER material OR general INTEREST

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

ATTACHMENTS

1. Council and Planning Committee Timetable 2025⇩

Meeting of the Port Phillip City Council

4 September 2024

13.5	Changes to Planning Delegations (5 September 2024 until the first sitting of the 2024-2028 Council)
Executive Member:	Brian Tee, General Manager, City Growth and Development
PREPARED BY:	Paul Wood, Manager City Development

1. PURPOSE

1.1 To delegate to the Chief Executive Officer (including the power to on delegate), the power to enable specific planning activities to be undertaken during the period of time between the last Ordinary Council meeting being 4 September 2024 prior to the Council election until the first sitting of the new Ordinary Council meeting.

2. EXECUTIVE Summary

2.1 During an election period, local government goes into ‘caretaker’ mode, being the period before an election starts. Ordinary Council meetings tend not to be scheduled to avoid certain actions and decisions as defined under the Local Government Act 2020.

2.2 Certain planning processes require decisions to be made by Council and cannot be reasonably delayed until the first sitting of the new Ordinary Council meeting or Planning Committee.

2.3 Council may be required to provide comments to the Minister for Planning within a specified time period and / or be required to negotiate a settlement or respond to an appeal where a permit applicant has lodged an application for review with VCAT.

2.4 Council may also be required to provide advice, direction and/or determine planning permit applications or amendments or extensions of time to planning permits and planning scheme amendments and applications before an advisory committee within the Fishermans Bend Urban Renewal Area (FBURA), and St Kilda Road North Sub-Precinct 2.

2.5 The final Ordinary Council meeting is being held on Wednesday, 4 September 2024 before the election period starts (often referred to as caretaker period). It is anticipated that the first Ordinary Council meeting will be Wednesday, 20 November 2024.

2.6 During this period, delegation to the CEO will enable specific planning matters detailed in this report to be determined prior to the first sitting of the new Ordinary Council meeting or Planning Committee.

3. RECOMMENDATION

That Council:

3.1 Delegates to the Chief Executive Officer (including the power to on delegate), effective for the period 5 September 2024 until the first sitting of the new Ordinary Council meeting on 20 November 2024, the power to:

3.1.1 Determine an application where:

· 16 or more objections are received and the application has not been refused under delegation.

· The application raises strategic or substantive policy issues.

· The application involves substantive non-compliance with the Planning Scheme or Council Policy, but officers consider the application should be supported.

· The application involves non-compliance with residential parking requirements.

· The application exceeds six storeys in height in the area covered by Sub precinct 2 in Schedule 26 to the Design and Development Overlay in the Port Phillip Planning Scheme, for the St Kilda Road North precinct.

3.2 To determine planning permit applications, amendments or requests for extensions of time to applications within the Fishermans Bend Urban Renewal Area including applications comprising use and/or development of accommodation.

3.3 To provide comments to the Minister for Planning for proposals, permit applications and/or planning scheme amendments in Council’s role as a referral authority.

3.4 To instruct Council’s Statutory Planners and/or Council’s solicitors in relation to any application lodged with VCAT under Part 4, Division 2 or 3 of the Planning and Environment Act 1987, or an application for a planning scheme amendment or an application before an Advisory Committee.

3.5 All determinations made during the period 5 September 2024 until the first sitting of the new Planning Committee will be reported to the Planning Committee in the November or December Statutory Planning Delegations Decisions Report.

3.6 This delegation does not preclude planning matters being considered by Council at its Ordinary Council meeting or Planning Committee.

4. KEY POINTS/ISSUES

4.1 Planning matters are considered by Council’s Planning Committee or an Ordinary Council meeting where:

· 16 or more objections are received and the application has not been refused under delegation.

· The application raises strategic or substantive policy issues.

· The application involves substantive non-compliance with the Planning Scheme or Council Policy, but officers consider the application should be supported.

· The application involves non-compliance with residential parking requirements.

· To determine planning permit applications, amendments or requests for extensions of time to applications within the Fishermans Bend Urban Renewal Area including applications comprising use and/or development of accommodation.

· To provide comments to the Minister for Planning for proposals, permit applications and/or planning scheme amendments in Council’s role as a referral authority.

4.2 The final Ordinary meeting of this Council is being held on Wednesday, 4 September 2024. It is anticipated that the first Ordinary Council meeting will be Wednesday, 20 November 2024.

4.3 During this period, Council may be required to provide comments to the Minister for Planning within a specified time period and / or be required to negotiate a settlement or respond to an appeal where a permit applicant has lodged an application for review with VCAT.

4.4 Council may also be required to provide advice, direction and/or determine planning permit applications or amendments or extensions of time to planning permits and planning scheme amendments and applications before an advisory committee within the Fishermans Bend Urban Renewal Area (FBURA), and St Kilda Road North Sub-Precinct 2.

4.5 Council as a statutory body receives referrals from the Minister for Planning under Amendment GC81 to the Port Phillip Planning Scheme, for applications within Fishermans Bend Urban Renewal Area (FBURA). Council has from 20 to 28 days to provide any comments.

4.6 Delegation to the CEO will enable specific planning matters detailed in this report to be determined prior to first sitting of the new Ordinary Council meeting or Planning Committee. This delegation does not preclude planning matters being considered by Councillors at an Ordinary Council meeting or Planning Committee.

4.7 One of the first priorities of the incoming Council will be to establish a Planning Committee.

4.8 To protect Council’s interests a delegation is requested to the Chief Executive Officer (including the power to on delegate) to undertake decision making responsibilities, provide comments to the Minister and to instruct Council’s Statutory Planners and / or Council’s solicitors to act on Council’s behalf, consistent with what has been provided previously, in particular over the December/January period and through previous elevation periods.

5. CONSULTATION AND STAKEHOLDERS

5.1 Not applicable

6. LEGAL AND RISK IMPLICATIONS

6.1 If Council fails to provide the Minister for Planning with comments or fails to participate in negotiations for an application before VCAT or the Minister for Planning or an Advisory Committee, then Council may lose the opportunity to influence the decision making process.

6.2 If Council does not support the recommendation, all planning permit applications for review lodged with VCAT and all planning permit applications or amendments or requests for extension of time to planning permits in the Fishermans Bend Urban Renewal Area, and St Kilda Road North Sub Precinct 2 will be put on hold until either November/December. This would increase Council’s risk of appeals to VCAT against Council’s failure to determine applications within the prescribed time and participating in matters considered by an Advisory Committee or the Minister for Planning directly.

7. FINANCIAL IMPACT

7.1 These matters are provided for in Council’s current budget.

8. ENVIRONMENTAL IMPACT

8.1 These matters will be considered as part of the decision making for individual items.

9. COMMUNITY IMPACT

9.1 Council’s input in applications ensures appropriate conditions around affordable housing, housing diversity and community infrastructure are included on any approval.

9.2 If the recommendation is not supported, Council’s reputational risk may increase.

10. Gender Impact Assessment

10.1 Not applicable

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The proposed delegations to the Chief Executive Officer (including the power to on delegate), specifically supports the “Council Plan 2021-31 Liveable Strategic Direction: 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” by ensuring Council’s interests are adequately represented and protected during the period where there are no formal Ordinary Council meetings or Planning Committee meetings scheduled.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 The proposed delegations to the Chief Executive Officer (including the power to on delegate), will only be effective for the period 5 September 2024 until the first sitting of the new Ordinary Council meeting.

12.1.2 All determinations made during the period 5 September 2024 until the first sitting of the new Ordinary Council meeting or Planning Committee, will be reported to the Planning Committee in the November/December Statutory Planning Delegations Decisions Report.

12.2 COMMUNICATION

12.2.1 Not applicable.

13. OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

Nil

13.1	Governance Arrangements - HousingFirst and Port Phillip Housing Trust
Executive Member:	Joanne McNeill, Executive Manager, Governance and Organisational Performance
PREPARED BY:	Xavier Smerdon, Head of Governance

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