Agenda of Meeting of the Port Phillip City Council

Meeting of the Port Phillip City Council

16 April 2025

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, 16 April 2025 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 19 March 2025.

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............................................................................... 5

7.1 Petition: Keep Albert Park Peaceful. Relocate this commercial activity to an industrial area 5

8 Presentation of CEO Report

8.1 Presentation of CEO Report Issue 116 - February 2025................................. 11

9 Inclusive Port Phillip

Nil

10 Liveable Port Phillip

Nil

11 Sustainable Port Phillip

Nil

12 Vibrant Port Phillip

Nil

13 Well Governed Port Phillip

13.1 Draft Plan for Port Phillip (including Budget) 2025-35 and Budget 2025-26: Release for Public Consultation (to be published as a supplementary agenda)

13.2 Conservation Management Plan: Port Melbourne Town Hall.......................... 55

13.3 Proposed Discontinuance and Sale of Part Laneway R1229 Merton Place, Albert Park 209

13.4 Councillor Expenses Monthly Reporting - March 2025.................................. 216

13.5 Records of Informal Meetings of Council........................................................ 222

14 Notices of Motion

Nil

15 Reports by Councillor Delegates

16 URGENT BUSINESS

17 Confidential Matters....................................................................................... 237

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 CEO Declaration of extraordinary circumstance and approval of new contract/service agreement for paid parking machine data system

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: The report contains consideration of an exemption under the procurement policy due to extraordinary circumstances. Releasing this report prematurely, before Council endorsement, could prejudice Council's future ongoing commercial negotiations.

Meeting of the Port Phillip City Council

16 April 2025

7.1

Petition: Keep Albert Park Peaceful. Relocate this commercial activity to an industrial area

A Petition containing 182 signatures, was received from local residents.

The Petition states the following:-

To the Mayor and Councillors of the Port Phillip City Council - Please note the petition below.

KEEP ALBERT PARK PEACEFUL. RELOCATE THIS COMMERCIAL ACTIVITY TO AN INDUSTRIAL AREA.

The ISKCON Temple at 195 Danks Street in Albert Park has operated as a 'Place of Worship' for nearly 50 years. Now, however, its increasing commercial activities are creating huge problems for people living in the neighbourhood.

The Temple is running a large commercial kitchen providing three meals a day on site and takeaway food, as well as supplying restaurants in the CBD. They claim on their website to produce up to 25,000 meals per week. Opened in 2016, the kitchen has driven a dramatic increase in numbers attending the site. Hundreds, sometimes thousands (at special festivals), of visitors regularly gather here.

THE PROBLEMS

Traffic and parking - Local residents unable to park near their homes because ISKCON visitors with no resident or visitor permits park in permit-only areas.

Noise - Crowd noise from the site seven days a week (operating hours 4.00am to 9.20pm), very loud chanting and drumming, and unsupervised children screaming and shouting.

Kitchen deliveries and waste removal - Large trucks regularly driving down and often blocking Little Page Street, a very narrow one-way residential street.

Pollution - Oil and kitchen waste discharged regularly into Little Page Street creating a treacherous surface; leakage of waste into stormwater drainage system causing environmental hazard.

Foot traffic - Hundreds of visitors daily disturbing formerly quiet streets.

Odours - Pungent smells from the large-scale food production pervading the environment.

THERE IS A SOLUTION. We the following petitioners hereby request Port Phillip City Council to facilitate the relocation of the Temple industrial kitchen from our Neighbourhood Residential Zone to a more appropriate industrial site.

OFFICER COMMENT

Background information - Site History

The Hare Krishna Temple is located at 197-205 Danks Street, Albert Park. Since approximately 1975, and continuing to the present day, the land has been used for purposes associated with International Society for Krishna Consciousness (ISKCON). The land is the principal place of worship for the Hare Krishna movement in Victoria.

The activities currently occurring on the land, include:

· Administration activities associated with ISKCON.

· The provision of accommodation “for visitors from all over the world”. The website states that their “priority is to accommodate travelling preachers”.

· A kitchen used to prepare food, serving free food from the premises three times a day and operating the “Melbourne Food Relief” distributing free and low-cost meals throughout Melbourne.

· Bhakti Yoga classes.

· The celebration of Hare Krishna festivals.

· Weddings.

· Hare Krishna ceremonies known as ‘Pujas’ to mark occasions such as births, deaths, entering school, graduations, house warmings.

A planning permit has never been issued for the use of the land, however ISKCON are currently undertaking a separate planning process in which they are seeking to demonstrate that they benefit from an existing use right to use the land for these purposes. Council will decide on this request in the near future.

Council Action

The use of the land at 197-205 Danks Street has generated complaints from nearby residents ranging from excessive noise, waste management, odour, and parking. Following the Covid-19 Pandemic there has been an increase in complaints about the use.

Since 1 January 2024, Council has responded to approximately 125 Customer Service Requests and conducted two internal investigations into the matter.

Below is a summary of some of the action taken to address complaints about the use.

Traffic and parking

Parking Officers undertake proactive and reactive patrols in the area because of complaints regarding on-street parking availability. The area around ISKCON has a higher inspection rate than other areas in the municipality. Between 28 March 2024 and 21 March 2025, 1,519 infringement notices were issued along Danks Street between Mills Street and Kerferd Road.

Noise

In response to noise complaints, Council engaged an acoustic engineer to undertake noise measuring during two festivals held by the temple. The results were that the noise emissions were within legally acceptable limits. There was no evidence that noise is causing or causes a nuisance with respect the provisions of the Public Health and Wellbeing Act 2008.

Kitchen deliveries, waste removal and pollution

Council’s Environmental Health Officers (EHO) and Local Law Officers (LLO) have responded to complaints regarding food preparation, waste management and odour.

Since 2023, EHOs have investigated approximately 40 requests and attended the land on approximately 30 occasions. Council’s regulatory control of food preparation is via the Food Act 1984. No breaches of the Food Act 1984 or Public Health and Wellbeing Act 2008 were found.

Concerns about traffic management or food deliveries to and from the site are not elements that are considered. Concerns about illegal or dangerous driving must be directed to Victoria Police.

Council addresses waste management and odour under our Local Laws. In August 2022, LLOs found a significant waste management breach and liquid spill in an adjoining laneway and in 2023 found several additional minor breaches. ISKCON and the collection company were notified, and the breaches were addressed.

Between January 2024 to March 2025, 24 requests were received regarding oil spills associated with ISKCONs waste management. LLOs attended on each occasion and where a spill has been evident, ISKON arranged for the spill to be cleaned in an appropriate way utilising Council-approved spill kits. Spills are not of a scale that would be considered a health risk.

In addition to any reactive investigations in response to complaints LLOs have implemented weekly inspections of the site.

Foot traffic

Complaints about foot traffic often coincide when larger religious festivals occur, such as Sri Krishna’s birthday. For last year’s birthday festival, Council and Victoria Police worked with operators to minimise amenity impact by having two City Amenity officers, two additional Parking Enforcement officers and local police in attendance.

Odours

As mentioned above, Council’s regulatory control of food preparation is under the Food Act 1984 which includes the requirement for a properly functioning exhaust canopy. Council is satisfied that the odour control mechanisms in place comply with the Food Act.

Council has found the odour does not contravene the nuisance provisions of the Public Health and Wellbeing Act 2008.

Temple Action

Officers have met with the ISKON temple, explained the impact of their activities on the amenity of the neighbours and have sought to identify ways to ameliorate those impacts.

ISKCON Temple has advised that in response to complaints related to noise, they have transferred all major events off-site to four locations: Casey, Wyndham, Craigieburn and locally at either MSAC or the Timberyard. Temple management has noted that smaller events are becoming increasingly popular amongst the Melbourne Hindu population and are considering relocating these events to alternative locations where possible.

Temple management has advised that they have amended weekend mealtimes, scheduling evening events to commence an hour earlier in response to resident concerns. The Temple have dedicated additional resources to ensure implementation of these new times.

In addition, the Temple has indicated that they monitor all activities on site and will consider options to address any concerns.

Relocation Request

The petitioners have called on Council to “facilitate the relocation of the Temple industrial kitchen from our Neighbourhood Residential Zone to a more appropriate industrial site”.

Council has powers to regulate the impacts associated with the kitchen operation, consistent with the ways that it has been managed to date. While Council will continue to work with the Temple on ways to ameliorate the impact on the community, including that of the kitchen, Council cannot compel the relocation of the kitchen.

ISKCON claim that they benefit from an existing use right in respect of the temple uses including food preparation. The legality of this claim is being considered by officers and will be brought to a council meeting for councillor consideration.

RECOMMENDATION

That Council:

1. Receives and notes the Petition.

2. Notes the request to relocate the kitchen.

3. Notes that Council does not have the power to relocate the kitchen to a different site.

4. Notes that officers are using Council’s existing powers to address any breaches of State or Council laws and Council will continue to work with the Temple and the Community to ameliorate any adverse amenity impacts.

5. Requests officers write to the lead petitioner thanking them for their petition and advising them of the outcome.

ATTACHMENTS

Nil

Meeting of the Port Phillip City Council

16 April 2025

13.2

Conservation Management Plan: Port Melbourne Town Hall

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Vicki Tuchtan, Manager Property and Assets

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

Terrence Le, Property Development Associate

1. PURPOSE

1.1 This report presents for Council’s noting a Conservation Management Plan for Port Melbourne Town Hall.

Image Above: Port Melbourne Town Hall from Bay Street

2. EXECUTIVE Summary

2.1 The Port Melbourne Town Hall (PMTH) is one of the three halls within the municipality.

2.2 To support our stewardship of the asset, a Conservation Management Plan (Plan) has been prepared (included at Attachment 1) that updates and supersedes the 2000 plan.

2.3 The policies and key actions prescribed by the Plan will guide the near-term remediation and renewal works, to help ensure that such work enriches rather diminishes the hall’s heritage values.

2.4 The Plan will also be incorporated into the PMTH Asset Management Plan for long term maintenance and cyclical renewal, and helps prioritise those works.

2.5 Upcoming work already planned for the PMTH includes façade restoration, an electrical upgrade and upgrading the heating, ventilation and air-conditioning systems.

2.6 The planning and execution of such work benefits from the deeper understanding of the heritage significance of the building provided by the Plan.

2.7 Additionally, the Plan helps Council consider any potential future alteration, upgrade or change in use of the PMTH such as that relating to investment in the Port Melbourne Library.

3. RECOMMENDATION

That Council:

3.1 Notes the Port Melbourne Town Hall Conservation Management Plan (2025), which updates and supersedes the 2000 version.

3.2 Notes that the Conservation Management Plan will help ensure that the future use, management and upgrades of the Port Melbourne Town Hall enrich rather that diminish its assessed heritage values.

3.3 Thanks the contributors to the Conservation Management Plan.

3.4 Notes that the Conservation Management Plan is to be revised to reflect the recent upgrading and reconfiguration of the front service counter, and the updating of the Port Melbourne Town Hall’s hazardous materials audit, and delegates to the CEO to authorise those minor changes.

4. KEY POINTS/ISSUES

The asset

4.1 PMTH is located on Crown land, and the building is managed by City of Port Phillip.

4.2 Its architectural, historical and social significance is well acknowledged, including by:

4.2.1 Port Phillip Planning Scheme as HO41, Citation Number 242 for the 1883 Municipal Offices, Citation Number 686 for the 1915 Town Hall, and within the Heritage Overlay area listing for Port Melbourne (HO1).

4.2.2 National Trust of Australia (Victoria), Place ID 66379.

4.2.3 Register of the National Estate, Place ID 15413.

4.3 Built in 1868, the PMTH has had a long history of alteration and adaptation in response to changes in use and the evolving functional requirements of its users.

The Conservation Management Plan

4.4 The Conservation Management Plan (Plan) is the principal guiding document for the conservation and management of the PMTH – from routine maintenance to large scale change.

4.5 It identifies the heritage values/significance of the PMTH, conservation policies to protect that significance, and a conservation action plan.

4.6 It helps City of Port Phillip as owner and asset manager, and approval authorities, make sound decisions about that heritage place.

4.7 The Plan defines the kinds of changes that can be made without compromising the heritage significance of the place.

4.8 It supports good heritage management and is an integral part of a total asset management approach.

The 2000 Conservation Management Plan

4.9 The care and management of the significant heritage features of the PMTH has been guided by the Port Melbourne Town Hall Conservation Analysis & Management Plan prepared in 2000 by Allom Lovell and Associates.

4.10 The 2020 plan is now twenty-five years old.

4.11 There are also gaps in its information. For instance, it does not consider the potential investment in the existing library as envisaged in the Library Action Plan and the associated Library Facilities Plan (under development).

The new (2025) Conservation Management Plan

4.12 Conservation Management Plans need to be revisited periodically.

4.13 Accordingly, City of Port Phillip has commissioned a new Plan to meet the Heritage Council of Victoria “Conservation Management Plans: Managing Heritage Places – A Guide” 2010.

4.14 The Plan is included with this report as Attachment 1.

4.15 The Plan has been prepared by Conservation Studio P/L (Conservation Studio), with significant contribution by the Port Melbourne Historical and Preservation Society.

4.16 Conservation Studio is a firm of architects and heritage consultants specialising in conservation. It has operated for decades. It has experience in preparing Conservation Management Plans includes Fitzroy Town Hall and Malvern Town Hall. It has also been involved in state significant assets such as Shrine of Remembrance and Royal Exhibition Building.

Findings

4.17 The Plan confirms that the Town Hall building complex is of local significance.

4.18 It notes that:

4.18.1 The old building (along Bay Street) is predominately high significance.

4.18.2 Changes in use of the facility over time has resulted in some significant physical alterations, with relatively very few rooms within the complex retaining their original form.

4.18.3 Annual monitoring by structural engineer is being undertaken due to the lean of the clock tower.

4.18.4 Renewal priorities include the lead plumbing and waterproofing membranes on the roof of the old 1883 Municipal Offices, which are at end of life. The replacement of the roof will be prioritised in Council’s building renewal programs.

4.18.5 It notes to ensure active, long-term use of the building, costly and unavoidably invasive interventions may be required, to achieve compliance for disability access, building/construction regulations, and seismic compliance.

Image below – ground level floorplan, showing the assessed heritage level of significance of parts of the Port Melbourne Town Hall

Image below – upper-level floorplan, showing the assessed heritage level of significance of parts of the Port Melbourne Town Hall

5. CONSULTATION AND STAKEHOLDERS

5.1 In preparing the Plan, input/feedback has been sought from Council’s Heritage Officer, Council’s Team Leader Arts & Heritage, Council’s Collections Registrar, the City of Port Phillip’s Cultural Heritage Reference Committee, and Port Melbourne Historical Preservation Society.

6. LEGAL AND RISK IMPLICATIONS

6.1 The consequences of ineffective heritage asset management include reduced asset life, loss of civic esteem, community dissatisfaction, delays to project delivery, unscheduled or unexpected major expenditure, and functional inefficiencies due to the asset being used ineffectively/inappropriately.

6.2 Council is currently updating the hazardous materials register for the building. This update will combine the other data sources and investigations that were undertaken for projects completed at the PMTH including the Assist and Library Counter upgrade, the pending HVAC replacement and electrical and other works.

6.3 The Plan also provides recommendations on frequencies for preventative maintenance across the facility. Whilst Council’s cleaning, maintenance and inspection frequencies generally meet or exceed these frequencies, they will be reviewed and updated to accord to the Plan where practical.

7. FINANCIAL IMPACT

7.1 Council is responsible for allocating public money to the management of the municipal property portfolio. The Plan will help City of Port Phillip appropriately care for this important building and ensure that financial investment made in it will enhance its heritage value.

7.2 The Plan helps prioritise expenditure and reduces delays when undertaking changes to the building by ensuring that heritage considerations are addressed up front.

7.3 Council’s ten-year financial plan and portfolio allocates funding for the renewal of Council’s assets. As outlined in the plan, a priority for Council in addition to the existing short-term planned investment at the Port Melbourne Town Hall (HVAC, seismic monitoring, façade works, electrical upgrades, and accessibility upgrades) is to plan for the renewal of the roof and the lead plumbing over the old Council offices section of the building. Based on the updated plan, Council officers will prioritise these works within the current renewal programs and coordinate with the results of the seismic monitoring of the clock tower.

7.4 Grants programmes to fund heritage works typically require a Plan.

7.5 The Plan and supporting studies have cost approximately $70,000 (excl GST) to prepare, plus officer time.

8. ENVIRONMENTAL IMPACT

8.1 The Plan supports City of Port Phillip to improve the environmental performance of the PMTH without adversely impacting its heritage significance.

9. COMMUNITY IMPACT

9.1 Heritage buildings create a sense of place, adding local character and identity.

9.2 The Plan supports City of Port Phillip in its custodianship and management of the heritage asset on behalf of the community.

10. Gender Impact Assessment

10.1 The recommendations of this report are not considered to have material gender impacts.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Effective heritage asset management aligns with Council Plan strategic directions “Liveable Port Phillip” and “Well Governed Port Phillip”.

12. IMPLEMENTATION STRATEGY

12.1 With this report the Port Melbourne Town Hall Conservation Management Plan is formalised.

12.2 COMMUNICATION

12.2.1 City of Port Phillip is committed to prudently managing its heritage assets.

12.2.2 The new Plan helps clarify and embrace the inherent heritage qualities and values of the PMTH.

12.2.3 It provides guidance on how the heritage significance should be respected in any future use, management, alteration or repair of the building complex.

13. OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1. Port Melbourne Town Hall Conservation Management Plan⇩

Attachment 1:

Port Melbourne Town Hall Conservation Management Plan

Meeting of the Port Phillip City Council

16 April 2025

13.3

Proposed Discontinuance and Sale of Part Laneway R1229 Merton Place, Albert Park

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Vicki Tuchtan, Manager Property and Assets

Michael Major, Team Leader Property Operations

1. PURPOSE

1.1 For Council to consider whether part of the Laneway R1229 adjoining 18 Merton Place, Albert Park, being part of the Land contained within Certificate of Title Volume 3931 Folio 017 (described as Road Lot 1 on Title Plan 740609P) shown hatched in red on the image below (“the Road”), should be discontinued pursuant to the Local Government Act 1989 (Vic) (“the Act”) and sold to an adjoining property owner.

2. EXECUTIVE Summary

2.1 The portion of Road in question is approximately 9.2 square metres in total land area and is currently fenced in with an adjoining property, namely 18 Merton Place, Albert Park.

2.2 The Road is listed on Council’s Register of Public Roads, also known as part Laneway R1229.

2.3 This section of the Road is no longer reasonably required for general public use, as it is not used for vehicular or pedestrian access by the public to access the adjoining properties.

2.4 The owner of 18 Merton Place, Albert Park (“the Owner”) has requested that Council discontinues and sells part of the Road to them (“the Proposal”).

2.5 The adjoining property owners of 5 and 7 Little Finlay Street, Albert Park respectively have provided written support (30 November 2020 and 14 September 2021 respectively) for the Proposal made by the applicant to purchase the said land.

2.6 Council has no current or future municipal use of the road, thus providing the land to have a more compatible use with the adjoining owner/s.

2.7 At its meeting held on 11 December 2024, Council resolved to:

· Remove the part of the Road in question from the Public Road Register; and

· Commence the statutory procedures and give notice pursuant to sections 207A and 223 of the Act of its intention to discontinue and sell the Road to the Owner for market value.

2.8 On 20 January 2025, Council gave public notice by publication in The Age newspaper and on Council’s website.

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

2.10 Council is now able to consider whether to discontinue and sell the Road to the Owner.

2.11 Officers recommend that Council discontinues and sells the land to the Owner for market value, being $66,900 (ex GST) plus reimbursement of Council costs to facilitate this transaction. The proceeds of the sale will be held in Council’s Strategic Property Reserves to support the acquisition and development of the property portfolio.

3. RECOMMENDATION

That Council:

Having considered that there were no submissions in response to the public notice regarding Council’s proposal to discontinue the road being the land contained within Certificate of Title Volume 3931 Folio 017 (described as Lot 1 on Title Plan 740609P):

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

· It is currently fenced in with an adjoining property, namely 18 Merton Place, Albert Park, and only accessible on the eastern boundary;

· It is only open to the general public for pedestrian access to the rear of the adjoining properties at 5 and 7 Little Findlay Street, Albert Park;

· It is not open to the general public for vehicular access; and

· It does not form part of a thoroughfare for pedestrian or vehicular traffic to any other public road; and

3.2 Resolves to sell the discontinued Road for market value plus reimbursement of Council’s costs to facilitate this transaction to the adjoining owner of 18 Merton Place, Albert Park (Owner);

3.3 Notes that proceeds from the sale will go into Council’s Strategic Property Reserves used to support the acquisition and development of the property portfolio;

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

3.5 Authorises the Chief Executive Officer or their delegate to negotiate, approve, and enter into such documentation to complete the discontinuance, sale, and transfer of the Road as described;

3.6 Directs that the Chief Executive Officer or their delegate signs an authorisation allowing Council’s solicitors to execute transfer documents and any other documents required to be signed on Council’s behalf in connection with the transfer of the discontinued Road to the Owner;

3.7 Directs that any easements, rights or interests required to be created or saved over the Road by any public authority be done so and not be affected by the discontinuance and sale of the Road; and

3.8 Directs that the Owner be required to consolidate the title to the discontinued Road with the title to the Owner’s land (or such part of it approved by Council) within 12 months of the date of the transfer of the discontinued Road.

4. KEY POINTS/ISSUES

4.1 The Road has an approximate area of 9.2 square metres and is currently fenced in with the adjoining property at 18 Merton Place, Albert Park.

4.2 The Owner of 18 Merton Place has requested that Council discontinues and sells this fenced-in portion of the Road to them (“the Proposal”).

4.3 The Owner has agreed to pay Council’s costs and disbursements associated with the proposed discontinuance of the Road, together with the market value for its transfer of the portion of the discontinued road.

4.4 At its meeting on 11 December 2024, Council resolved to:

· Remove the Road in question from the Register; and

· Commence the statutory procedures and give notice pursuant to sections 207A and 223 of the Act of its intention to discontinue and sell the Road to the Owner for market value plus legal fees.

4.5 On 20 January 2025, Council gave public notice by publication in The Age newspaper and on Council’s website.

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

4.7 Council is now able to consider whether to discontinue and sell the Road to the Owner.

ADJOINING PROPERTIES

4.8 The adjoining owner situated 7 Little Finlay Street, Albert Park has formally advised that they do not have an interest, nor any objection to the applicant purchasing the Land.

4.9 The adjoining owner situated at 5 Finlay Street, Albert Park originally objected to the proposal on the grounds that rear access to their property had been reduced and light to their garden restricted. Following discussions between the parties, the objection was formally withdrawn on the grounds that the acquired portion be reduced from 12.3 square metres to 9.2 square metres.

4.10 The indicated land value of $66,900 ($7,271 per square metre) is based on a revised valuation undertaken by Westlink Consulting dated 4 March 2025.

PROPOSAL

4.11 The Owner has agreed to pay Council’s costs and disbursements associated with the proposed discontinuance of the Road, together with the market value for the transfer of the discontinued Road to the Owner.

4.12 If the Road is discontinued and sold to the Owner, Council will require the Owner to consolidate the title to the discontinued Road with the title to the Owner’s Property within 12 months of the date of transfer, at the Owner’s expense.

ANALYSIS

4.13 It is considered that the Road in question is no longer reasonably required for general public use as it:

· Is part of a laneway which is wholly enclosed between the fences of the adjoining property;

· Is not open to the general public for pedestrian or vehicular access; and

· Does not form part of a thoroughfare for pedestrian or vehicular traffic to any other public road.

5. CONSULTATION AND STAKEHOLDERS

5.1 The following statutory authorities have been advised of the proposed discontinuance of the Road and were requested to respond to the question of whether they have any existing assets in the Road, which should be saved under section 207C of the Act:

5.1.1 City of Port Phillip;

5.1.2 Citipower;

5.1.3 Multinet Gas;

5.1.4 Melbourne Water;

5.1.5 South East Water;

5.1.6 Telstra VICTAS;

5.1.7 WAG Pipeline Pty Ltd / Viva Energy Australia Pty Ltd; and

5.1.8 APA Group (transmission & Power).

5.2 Council’s Asset Management Department has advised that the City of Port Phillip has no direct assets in or above the Road and have no objection to the Proposal.

5.3 Citipower advised on 14 February 2025 that their business will be unaffected by the road discontinuance and have no objection to the Proposal.

5.4 Mulinet Gas advised on 6 February 2025 that they have no objection to the Proposal.

5.5 Melbourne Water advised on 29 January 2025 that they have no objection to the Proposal.

5.6 APA Group advised on 12 February 2025 that they have no objection to the Proposal.

5.7 South East Water and Viva Energy Australia Pty Ltd did not respond to Council’s correspondence regarding the assets in or above the Road prior to the requested deadline. Council is proceeding on the basis that the respective providers do not have any right, power, or interest which it wishes to be saved under section 207C of the Act.

5.8 A Before You Dig application was undertaken on 17 May 2024 with email replies received from all stated service authorities. The information received indicated that the subject Road is not affected by any adverse encumbrances.

5.9 Council notified the community of the Proposal through a public notice published in The Age newspaper and on Council’s website on 20 January 2025 inviting submissions in accordance with section 223 of the Act.

5.10 The deadline for submissions was on 27 February 2025.

5.11 No submissions were received by Council in response to the public notice.

6. LEGAL AND RISK IMPLICATIONS

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

6.2 Under section 114 of the Local Government Act 2020 (Vic) (the 2020 Act), a Council must comply with that section if it sells or exchanges land. Section 114 requires that (unless section 116 applies) before selling or exchanging land, a Council must at least four (4) weeks prior to the sale or exchange, publish notice of its intention to do so on Council’s website and in any other prescribed manner, undertake a community engagement process in accordance with its Community Engagement Policy (February 2021), and obtain a valuation from a person qualified under section 13DA(2) of the Valuation of Land Act 1960 (Vic) made not less than 6 months prior to the sale or exchange.

6.3 Council has a Road Discontinuance and Sale of Roads Policy (2022) that enables roads that are no longer required for public access to be discontinued and sold to adjoining property owner(s).

7. FINANCIAL IMPACT

7.1 The Owner has agreed to acquire the Land for its market value (plus GST). If Council proposes to transfer the Road, it will need a current valuation of the Road in accordance with the 2020 Act. This is in accordance with Council’s Road Discontinuance and Sale of Roads Policy.

7.2 The Owner has agreed to pay Council’s costs and disbursements associated with the proposed discontinuance of the Road.

7.3 An independent valuation of the land in the Road dated 4 March 2025 determined the market value at $7,271 per square metre excluding GST, totalling $66,900 ex GST. In accordance with Council’s Road Discontinuance and Sale of Roads Policy, the value attributed to the land in the Road is based on the following assumptions:

· The Road is valued on a “before and after” methodology which assesses the value of the subject land’s worth that it contributes to the adjoining land (value uplift), taking into consideration restrictions due to the shape and location of the site, and the limited width of the site restricts potential redevelopment of the site in isolation without consolidation with adjoining property; and

· No discount is applicable to the full land value due to the limited purchasing market for the Road.

8. ENVIRONMENTAL IMPACT

8.1 The Proposal is not considered to have or contribute to any detrimental environmental implications.

9. COMMUNITY IMPACT

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

9.2 The proposed discontinuance and sale of the Road will enable the land in the Road to be re-purposed.

9.3 If Council resolves to discontinue and sell the Road, proceeds from the sale will go into Council’s Strategic Property Reserves used to support the acquisition and development of the property portfolio.

10. Gender Impact Assessment

10.1 The Proposal is not considered to have any detrimental gender implications.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The proposal aligns with the Strategic Direction 5 – Well Governed in the Council Plan 2021-2031: A City that is a leading local government authority, where our community and our organisation are in a better place as a result of our collective efforts.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

· If the Proposal is approved:

o a notice will be published in the Victorian Government Gazette to formally discontinue the Road; and

o a contract of sale for the discontinued Road and transfer of the discontinued Road pursuant to section 207D of the Act will be prepared by Council’s solicitors.

12.2 COMMUNICATION

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

· The Owner will be advised of the final Council decision and the reasons for it within five (5) days of the Council meeting.

13. OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1. Plan of Road Discontinuance - R1229⇩

Meeting of the Port Phillip City Council

16 April 2025

13.4	Councillor Expenses Monthly Reporting - March 2025
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Mitchell Gillett, Coordinator Councillor and Executive Support

1. PURPOSE

1.1 To report on the expenses incurred by Councillors during March 2025 in accordance with the Councillor Expenses and Support Policy.

2. EXECUTIVE Summary

2.1 The Local Government Act 2020 requires Council to maintain a policy in relation to the reimbursement of out-of-pocket expenses for councillors and members of delegated committees. Council endorsed its Councillor Expenses and Support Policy at the Council Meeting held on 19 June 2024.

2.2 The policy requires a monthly report on Councillor allowances and expenses to be tabled at a Council meeting in addition to publishing the monthly report on Council’s website.

2.3 The report outlines the total amount of expenses and support provided to Councillors and is detailed by category of support. Any reimbursements made by Councillors are also included in this report.

3. RECOMMENDATION

That Council:

3.1 Notes the monthly Councillor expenses report for March 2025 (attachment 1) and that this will be made available on Council’s website.

4. KEY POINTS/ISSUES

4.1 The Local Government Act 2020 (the Act) provides that councillors and members of delegated committees are entitled to be reimbursed for bona fide out-of-pocket expenses that have been reasonably incurred while performing their role, and that are reasonably necessary to perform their role.

4.2 The management of expenses is governed by the updated Councillor Expenses and Support Policy (the Policy), developed in accordance with the requirements of the Act and adopted by Council on 19 June 2024.

4.3 The Policy sets out the process for submitting requests for support and/or reimbursement. All requests are required to be assessed by officers prior to processing.

4.4 All requests for reimbursement must be lodged with officers for processing no later than 30 days from the end of the calendar month, except for the month of June where claims must be submitted within 7 days. Claims for reimbursement lodged outside this timeline will not be processed unless resolved by Council.

4.5 To accurately capture expenses, monthly reports are prepared no earlier than
30 days following the end of the month and generally reported at the next available Council meeting cycle. This means that reports are generally presented in a 2-3 month rolling cycle.

4.6 Notes the variations in Phone and Communications charges is due to the number of devices requested by those Councillors, such as the use of an iPad as well as a mobile phone.

4.7 Notes the Phone and Communications charges for Cr Libby Buckingham and Cr Beti Jay for March include an amount of $100 for an annual subscription to Australian Local Government Women’s Association (ALGWA) in addition to the monthly service cost for their mobile devices.

5. CONSULTATION AND STAKEHOLDERS

5.1 No community consultation is required for the purposes of this report.

5.2 A copy of Councillor expense reporting will be provided to the Audit and Risk Committee.

6. LEGAL AND RISK IMPLICATIONS

6.1 The provision of expenses and support to Councillors is governed by the Local Government Act 2020, and Council’s adopted policy.

7. FINANCIAL IMPACT

7.1 Provision of support and expenses for Councillors is managed within Council’s approved operational budgets.

8. ENVIRONMENTAL IMPACT

8.1 There are no direct environmental impacts as a result of this report.

9. COMMUNITY IMPACT

9.1 This report provides to the community transparency and accountability by publicly disclosing expenses and support accessed by Councillors.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Reporting on Councillor expenses delivers on Strategic Direction 5 – Well Governed Port Phillip.

11. IMPLEMENTATION STRATEGY

11.1 Council reports to the community monthly on the expenses and reimbursements provided to Councillors.

11.2 Officers will publish monthly expense reports to Council’s website once adopted.

12. OFFICER material OR general INTEREST

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

ATTACHMENTS

1. Declaration of Councillor Expenses - March 2025⇩

13.5	Records of Informal Meetings of Council
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Emily Williams, senior Council Business Advisor