Meeting of the Port Phillip City Council

  Agenda

19 June 2024

 

 

 

 


                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

Welcome

Welcome to this Meeting of the Port Phillip City Council.

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

About this meeting

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

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

Public Question Time and Submissions

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  Meeting of the Port Phillip City Council

To Councillors

Notice is hereby given that a Meeting of the Port Phillip City Council will be held in St Kilda Town Hall and Virtually via Teams on Wednesday, 19 June 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 5 June 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........................................ 6

7.1       Submission for installation of traffic calming devices adjacent to Gill Reserve................................................ 6

7.2       Frank’s Sculptures........................................................ 7  

8          Presentation of CEO Report

Nil 

9          Inclusive Port Phillip

9.1       Multicultural Advisory Committee Annual Report 2023.................................................................................... 10

10        Liveable Port Phillip

10.1     PDPL/00264/2023 - 427 City Road, South Melbourne.................................................................................... 40

10.2     St Kilda Foreshore Upgrade - Completion of Statutory Road Closure Process................................................ 90

10.3     49 Pakington Street, St Kilda - PDPL/00142/2024.... 99

10.4     Waste Review Management Action Plan................. 113

11        Sustainable Port Phillip

Nil

12        Vibrant Port Phillip

12.1     Fitness Training and Outdoor Commercial Recreation Policy Review............................................................ 138

12.2     Events Strategy and Outdoor Events Policy Review 165

13        Well Governed Port Phillip

13.1     Councillor Expense and Support Policy 2024.......... 201

13.2     Councillor Expenses Monthly Reporting - May 2024.................................................................................. 230

14        Notices of Motion........................................................ 236

14.1     Councillor Pearl - Governance arrangements - HousingFirst and Port Phillip Housing Trust............ 212

14.2     Councillor Crawford - Parking Restriction Changes in Elwood Village.......................................................... 214

15        Reports by Councillor Delegates

16        URGENT BUSINESS

17        Confidential Matters................................................ 241

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     Pound Services Contract

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

Reason - Paper includes recommendation for successful tenderer for Pound Services Contract, if made public this would compromise awarding the contract.

 

17.2     Shrine to Sea Masterplan Advocacy and Implementation

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

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

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

 

17.3     Legal matter

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

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

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 - Includes legal advice and commercially sensitive information relating to a lease dispute.

 


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

1.      Apologies

 

 

2.      Minutes of Previous Meetings

RECOMMENDATION:

That the minutes of the Meeting of the Port Phillip City Council held on 5 June 2024 be confirmed.

 

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       Submission for installation of traffic calming devices adjacent to Gill Reserve................................................ 6

7.2       Frank’s Sculptures........................................................ 7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Item 7.1   Submission for installation of traffic calming devices adjacent to Gill Reserve

A Petition containing 15 signatures, was received from local residents.

The Petition states the following:-

We, the undersigned, are residents and/or owners of premises adjacent Gill Reserve.

Due to frequent excessive speeding and high traffic volumes on Evans Street giving rise to risks to safety of residents and users of Gill Reserve, we request our Council make arrangements for the installation of traffic calming devices adjacent Gill Reserve on Evans Street.

We note that speed humps have been installed on the western end of Evans Street, and also on the opposite side of North Port Station. We propose speed humps be installed adjacent the North Port Hotel.

In the event our request is to be considered by our Councillors during a meeting of our Council, we request that reasonable notice be given to all the undersigned, in order that we may attend and be heard in respect of this request. Otherwise, we look forward to advice from you as to how Council intends to proceed to satisfy our reasonable request.

OFFICER RECOMMENDATION

That Council:

1.   Receives and notes the Petition.

2.   Requests officers to bring the petition back for response at a future Council meeting.

3.   Thanks the petitioners for their petition on this matter.

ATTACHMENTS

Nil

 


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

Item 7.2   Frank’s Sculptures

A Petition containing 734 signatures, was received from local community members.

The Petition states the following:-

This Petition of the following named citizens draws the attention of the Council to a complaint made by a one person to the placement of sculptures on Council land in Danks Street between Mills Street and Kerferd Road.

Noting that these artistic sculptures:

1.       Are not affixed to any council structure and are easily moved by one adult person

2.       Are only placed outside dwellings where residents have given their permission

3.       Are carefully located away from all traffic so as to avoid loss or injury to persons

4.       Have been on display for up to ten years

5.       Are created from discarded materials destined for landfill and all collected from within the city of Port Phillip boundaries

6.       Are regularly maintained

7.       Enhance the local amenity and create a unique arts precinct that differentiates the area from surrounding localities

8.       Generally create a sense of community

9.       Are admired by most who pass by, are frequently photographed and are great conversation pieces

While we accept that love of art is not universal, the complainant has not, to our knowledge, demonstrated any significant injury.

We therefore request that Council rejects the complaint and allows the ongoing display of Mr Frank Artuso's generally valued art.

OFFICER RECOMMENDATION

That Council:

1.   Receives and notes the Petition.

2.   Thanks the petitioner for the petition.

3.   Requests officers to place the request to remove the sculptures on hold while an investigation into this matter takes place, including whether the sculptures are permissible under the Nature Strip Guidelines or Public Art Policy.

4.   Requests officers to bring a report back to a future Council meeting.

ATTACHMENTS

Nil

 


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

8.      Presentation of CEO Report

         Nil

 

9.      Inclusive Port Phillip

9.1       Multicultural Advisory Committee Annual Report 2023................................................................... 10


                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

9.1

Multicultural Advisory Committee Annual Report 2023

Executive Member:

Tarnya McKenzie, Interim General Manager, Community Wellbeing and Inclusion

PREPARED BY:

Ewa Zysk, Diversity. Equity & Inclusion Senior Advisor

Teneille Summers, Coordinator Diversity, Equity and Inclusion

1.       PURPOSE

1.1    To present the City of Port Phillip Multicultural Advisory Committee Annual Report for 2023.

2.       EXECUTIVE Summary

2.1       The purpose of the Multicultural Advisory Committee is to provide Council with advice and feedback on issues that affect residents of multicultural, refugee and asylum seeker backgrounds in the City of Port Phillip.

2.2       The Committee was established, with inaugural Committee members appointed in October 2019. The Committee members’ cultural, linguistic, and religious backgrounds, as far as possible, represent the diversity within the Port Phillip community, including representatives from established communities, newly emerging communities, people seeking asylum, former refugees, and young people.

2.3       The 2023 Annual Report (attachment 1) represents the fourth full year of activities of Multicultural Advisory Committee, the delivery of their action plan, and highlights the breadth and depth of their work and achievements.

2.4       The annual committee report has been developed and endorsed by the Multicultural Advisory Committee, with a message from the Chairperson.

3.     RECOMMENDATION

That Council:

3.1    Note the City of Port Phillip Multicultural Advisory Committee 2023 Annual Report.

4.       KEY POINTS/ISSUES.

4.1    The 2021 Census records that 33.1 per cent of our residents were born outside of Australia and 21 per cent speak a language other than English at home (place of usual residence). Further characteristics of Port Phillip’s multicultural community include:

4.1.1    The City of Port Phillip is home to people from 164 different identified birthplaces speaking 126 different languages and dialects.

4.1.2    The top five languages spoken at home other than English are Greek, Mandarin, Spanish, Italian and Russian.

4.1.3    The largest non-English country of birth is India with 2.1 per cent (or 2,131 people) which is similar to 2016.

4.1.4    The proportion of our residents who are Australian citizens increased from 73 to 78 percent from the years 2016 to 2021.

4.1.5    More than 35,000 people born overseas are now living in our municipality. They have brought their many cultures and faiths, stories and experiences, food, and festivals.

4.2    The Multicultural Advisory Committee provides a valuable sounding board to Council through community consultation, programming and events, communication, and advocacy. Their representation in Council’s planning, policies and strategies is part of the City of Port Phillip’s inclusive practice and aligned to Council’s Community Engagement Policy 2021.

4.3    Since its inception, the Multicultural Advisory Committee has advocated for new initiatives. Through the Committee’s advocacy, Council became a “committed” member of the Welcoming Cities network in 2022. A “committed” Local Council publicly states their intent to champion the principles of welcoming and inclusion.

4.4    Welcoming Cities sets a National Standard for cultural diversity and inclusion policy and practice in local government. There are over 200 member municipalities across the world with 85 in Australia. The Multicultural Advisory Committee advocacy acknowledges that a local council’s understanding of the complexity and diversity of its residents can play an important role in creating welcoming communities.

4.5    In 2023, Councillor Tim Baxter was appointed to represent Council, until April 2023 followed by Councillor Rhonda Clark for the remainder of 2023.

4.6    In 2023, the Multicultural Advisory Committee provided a multicultural and intersectional lens on matters relating specifically to Council engagement and consultation.

4.7       Highlights of the Multicultural Advisory Committee Committee’s achievements in 2023 include:

4.7.1    Input into diverse programming for Cultural Diversity Week, Refugee Week and Welcoming Week.

4.7.2    Input into a range of Council policies and plans and advocating for translation of key consultation and engagement documents.

4.7.3    Formation of Welcoming Cities sub-committee to investigate opportunities and advocate to Council, about Welcoming Cities accreditation. 

4.7.4    Attendance of Welcoming Australia pre-symposium workshop at St Kilda Town Hall as part of the Welcoming Australia Symposium 2023. The workshop showcased on a national level City of Port Phillip’s vision and aspiration to deepen and celebrate multiculturalism.

4.8    Another highlight for 2023 is that breadth of programming for Cultural Diversity Week, Welcoming Week and Refugee Week expanded. This programming and celebrations help to amplify the narrative of local multicultural communities and allow a space for diverse cultural expression. Additionally, Multicultural Advisory Committee members have used these opportunities to strengthen their profile and further engage with multicultural communities to understand their needs and aspirations.

4.9    The Multicultural Advisory Committee advocacy supported the delivery of improved communication and translations of changes to key Council services, and community engagement undertaken in languages other than English.

5.       CONSULTATION AND STAKEHOLDERS

5.1    The Multicultural Advisory Committee comprises up to fourteen residents from diverse backgrounds and representatives of cultural organisations which provides a range of cultural and linguistically diverse voices and experiences.

5.2    Attachment 1, 2023 Annual Report outlines in more detail the contribution and advice provided to Council by the MAC, along with external parties, on issues impacting multicultural communities in the City of Port Phillip.

5.3    The Committee provided specific input into Council policies/plans including the following:

5.3.1    Draft LGBTIQA+ Action Plan

5.3.2    Draft Accessibility Action Plan

5.3.3    Housing Strategy Phase 2 

5.3.4    Consultation on Council Plan and Budget 

5.3.5    Sustainability and Climate Change Community Survey 

5.3.6    Aged Care Reforms

5.4    General feedback was provided to Council regarding work directly related to Council business including translations and interpretation services and the featuring of diverse narratives in Council’s communication.

6.       LEGAL AND RISK IMPLICATIONS

6.1    There are no known legal or risk implications.

7.       FINANCIAL IMPACT

7.1    Council’s operational budget makes provision to support the running of the Multicultural Advisory Committee, including administration, light refreshments, events production, and translation/interpretation as needed.

8.       ENVIRONMENTAL IMPACT

8.1    Multicultural Advisory Committee meeting documentation is produced, circulated, and presented digitally.

8.2    Events are run with recycled or biodegradable materials.

9.       COMMUNITY IMPACT

9.1    The Multicultural Advisory Committee provides a direct civic engagement opportunity for our multicultural community. It provides Council and its officers with relevant community views, knowledge, and advice, and builds on its local strengths to keep people informed and connected.

9.2    It addresses Council’s Well-Governed Strategic Direction. Through the Committee, Council recognises and encourages community leadership, and seeks to maximise community feedback in its decision-making process. It improves public confidence through demonstrating active community participation in the decision-making process.

9.3    It provides community engagement outcomes on issues impacting Council and multicultural communities.

9.4    The Annual Report demonstrates community engagement with issues faced by our multicultural communities around health, education, public safety, and human rights.

9.5    Further to this, it shows engagement with a culturally vibrant community and works to create a sense of belonging and sharing of cultural experiences through events, arts, and storytelling.

10.     ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1  The work of the Multicultural Advisory Committee delivers on the Council Vision: Proudly Port Phillip: A liveable and vibrant City that enhances the wellbeing of our community.

10.2  The Committee aligns primarily with the Council Direction of 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.

11.     IMPLEMENTATION STRATEGY

11.1  TIMELINE

11.1.1  The outcome of this report will be presented to the July 2023 meeting of the Multicultural Advisory Committee and recorded in the minutes.

11.1.2  An Annual Report on activities undertaken in 2024 will be presented to Council in 2025.

11.2  COMMUNICATION

11.2.1  The outcome of this Council report will be communicated to the Committee and the 2023 Annual Report will be published on the Council website.

12.     OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1Multicultural Advisory Committee Annual Report 2023

 


Attachment 1:

Multicultural Advisory Committee Annual Report 2023

 

 

























 


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

 

10.    Liveable Port Phillip

10.1     PDPL/00264/2023 - 427 City Road, South Melbourne.......................................................... 40

10.2     St Kilda Foreshore Upgrade - Completion of Statutory Road Closure Process....................... 90

10.3     49 Pakington Street, St Kilda - PDPL/00142/2024............................................. 99

10.4     Waste Review Management Action Plan........ 113


                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

10.1

PDPL/00264/2023 - 427 City Road, South Melbourne

location/address:

427 City Road, South Melbourne

Executive Member:

Brian Tee, General Manager, City Growth and Development

PREPARED BY:

Patricia Stewart, Fishermans Bend Urban Renewal Senior Planner

1.       PURPOSE

1.1    To consider and determine planning permit application PDPL/00264/2023 for use of the land as an adult lifestyle meeting place (which is not a defined planning land use) which includes a bar, live music entertainment and a sex on premises venue in an Industrial 1 Zone, use of the land for the sale and consumption of liquor (on-premises licence) and car parking to the satisfaction of the Responsible Authority.

2.       EXECUTIVE SUMMARY

Ward:

Gateway

Trigger for determination
BY Committee:

16 or more objections

ApplicATION NO:

PDPL/00264/2023

Applicant:

BQ Architects

Existing use:

Office

Abutting uses:

Office

Zoning:

Industrial 1 Zone

Overlays:

None

Statutory time remaining for
decision as at day of council

Decision is outside of statutory timeframe

2.1    The application seeks approval for the use of the land as an adult lifestyle meeting place, which is an innominate use under the Port Phillip Planning Scheme. It includes a bar, live music entertainment and a sex on premises venue.

2.2    The proposal also proposes use of the land for the sale and consumption of liquor (on-premises licence).

2.3    Key elements of the use include:

2.3.1    A maximum patron capacity of 20 from 10:00 am to 5:59 pm and 200 patrons from 6:00pm to 2:00am the following day.

2.3.2    Live music entertainment from 7:00pm to 12am.

2.3.3    The sale and consumption of liquor from 10:00am to 1:00am.

2.4    No dedicated car parking is proposed to be provided in association with the uses. Car parking for this use must be to the satisfaction of the Responsible Authority.

2.5    The application was advertised as the proposal was considered that it may result in material detriment. The notice was given to the owners and occupiers of surrounding properties pursuant to Section 52 of the Planning and Environment Act 1987 (Act).  A sign was also displayed on the site for 18 days. It was readvertised as concerns were raised about its visibility and to better describe the proposal.

2.6    A total of thirty three objections were received with key concerns relating to:

2.6.1    The proposed land use and incompatability with industrial zoning, draft South Melbourne Structure Plan 2024 and the Fishermans Bend Framework Plan.

2.6.2    The clustering of adult entertainment venues and social considerations such as safety of residents and visitors from intoxicated patrons and antisocial behaviour.

2.6.3    Amenity impacts, including noise and disturbance to nearby commercial, education, religious and residenial uses.

2.6.4    Zero car parking provisision and the impact on parking availability for adjoining businesses and residents.

2.6.5    Operational matters, including low staffing levels, patron management, possible gender based violence, public lighting and security to adjoining laneway and waste collection.

2.6.6    Incorrect display of public notification board, incorrect and misleading use description, inequate application material including inconsistent information between supporting reports for the application.

2.7    A consultation meeting was held on 9 April 2024. The meeting was attended by the Gateway Ward Councillors, the permit applicant and their representatives, eight objectors and Council planning officers. The meeting did not result in any changes to the proposal, however the permit applicant decided to provide a follow up written response to the objections. 

2.8    Council received a response to the objections on 20 May 2024. This material was circulated to objectors on 23 May 2024.

2.9    The application was referred to Council’s Traffic, Strategic Planning and Building Departments.

2.10  The Traffic Department recommends that patron numbers are reduced to 150 to minimise parking impacts on neighbouring residential streets. Council’s Strategic Planning and Building Departments did not raise any concerns, acknowledging the draft South Melbourne Structure Plan has not been adopted by Council and is therefore not considered a seriously entertained document at the time of preparing this report. Should the site or current industrial zoning be changed to a Commercial 2 Zone (C2Z), the proposal would continue to require a planning permit. 

2.11  Victoria Police were notified of the proposed uses for the venue and did not raise any concerns.

2.12  The planning policy framework is supportive of a range of uses, including live music and entertainment venues, that would contribute to the diversity of uses in the area. Policy direction is that new uses must not prejudice the operation of existing uses or emerging land uses that support the purpose of the zone. The proposed uses would appropriately align with the strategic direction of the Fishermans Bend Framework Plan and Capital City Zone (CCZ1) where civic, commercial, industrial and entertainment uses are intended to coexist. 

2.13  The planning policy framework is clear that uses with potential adverse off-site impacts, including live music, entertainment, and licensed premises, can be supported subject to minimisation of any amenity risks, specifically to residential areas.

2.14  The proposal would not prejudice the purpose of the Industrial 1 Zone or the orderly development of the area, including adverse amenity impacts on existing and emerging sensitive land uses. The following points are key to the support of the proposal:

2.14.1  The use would operate from within an existing venue which does not have any direct abuttal to sensitive land uses (i.e. dwellings, schools, childcare centres etc.)

2.14.2  All patrons attending the venue will have a pre-booking or ticket, allowing venue management to be prepared for peak times so as to minimise patron queuing on the footpath or adjoining laneway.

2.14.3  The operating hours are aligned with nearby public transport operations, which is an important factor in the effective dispersal of patrons as it will influence the length and time that patrons spend in an area after the venue closes. Patrons generally maintain better behaviour when they have a variety of transport options to get home.

2.14.4  The venue would not contribute to an existing cluster of licensed venues, where access to multiple licenced premises is often associated with lower levels of responsible liquor consumption.

2.14.5  An acoustic report demonstrates the uses can be effectively managed and achieve compliance with noise limits specified in the Environment Protection Regulations. Conditions of any permit issued would require evidence of compliance with noise standards, a three-month trial period, on-going monitoring, and a complaints management procedure.

2.14.6  Recommended conditions of permit impose a range of operating requirements to ensure amenity impacts from the uses are managed to an acceptable level through a Venue and Patron Management Plan. Requirements include, but not limited to, CCTV and security patrols of the adjoining laneway to monitor nusicance and anti-social behaviour.

2.14.7  Council’s Traffic Department consider that a reduction in patron numbers to 150, should be considered based on a conservative estimate of the number of people likely to access the venue via private car. However, this outcome is not considered justified when all planning factors are considered, including the proximity to public transport, main transport hubs, availability of taxi or car ride services, and the permit applcants supporting traffic surveys which demonstrate there is high on-street parking capacity at peak operational times, which are outside typical business hours and not subject to on-street parking restrictions. On this basis and with consideration to integrated transport planning principles within the Scheme, it is considered that 200 patrons are acceptable and will not unreasonably impact on parking availability within the area.

2.14.8  This is further supported by a condition of permit that requires the reclassification of two existing car parking spaces outside the venue from 1P parking spaces to a P-10 minutes or P-15 minutes to facilitate safe drop-off and pick-up of patrons from the venue.

2.14.9  A condition of permit would require a Waste Management Plan and private collection from within the short-term spaces mentioned above. Waste is required to be stored inside the venue and collection during daytime hours to minimise noise.

2.15  There is a balance to be struck between the uses that coexist adjacent to zones that have more amenity sensitive uses. The proposal, subject to conditions, would limit the off-site effects of the use to an acceptable level.

2.16  The proposal is recommended for approval, subject to the conditions outlined in the Recommendation.

3.       RECOMMENDATION

That Council:

3.1    Being the Responsible Authority, having caused the application to be advertised and having received and noted the objections, issue a Notice of Decision to Grant a Permit.

3.2    Issues a Notice of Decision to Grant a Permit for Planning Permit Application Number PDPL/00264/2023 at 427 City Road, South Melbourne, subject to the following permissions and conditions:

Planning Scheme Clause No:

Description of what is allowed

Clause 33.01-1

To use land for a Section 2 use (adult lifestyle meeting place)

Clause 52.27

To use land to sell or consume liquor

Amended Plans Required

1.      Before the use starts, amended plans to the satisfaction of the Responsible Authoritymust be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the advertised plans prepared by BQ Architects, Project No: BQ23-001, Dated 2 November 2023, Drawing No: A01, A.02, A.03, A1.1, A1.2, A1.3, A2.1, A2.1 and A2.3 but modified to show:

a)       Seating for a minimiun of 100 patrons.

b)       Designated internal queuing area in the reception / foyer area for a minimium of 20 patrons.

c)       Acoustically treated doors between the ground floor reception / foyer area and the main bar / entertainment area.

d)       Loaction of waste and recycling storage inside the building.

e)       A Public Works and Implementation Plan to reallocate two 1P car parking spaces in front of the site to two short-stay car parking spaces (ie. P-10 Mins or P-15 Mins).

f)        Any changes required by the Noise and Amenity Management Plan at Condition 8 of this permit.

g)       Any changes required by the Venue and Patron Management Plan at Condition 18 of this permit.

h)       Any changes required by the Waste Management Plan at Condition 24 of this permit.

Layout Not to be Altered (Use)

2.      The layout and description of the uses including the licensed area as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

Hours of Operation

3.      Unless with the prior written consent of the Responsible Authority, the use must operate only between the hours of 10:00am and 2:00am the following day.

Hours for the Sale and Consumption of Liquor

4.      Unless with the prior written consent of the Responsible Authority, the sale and consumption of liquor must only occur between the following times:

a)       Monday to Sunday: 10am to 1am the following day.

b)       Good Friday and ANZAC Day: 12pm to 1am the following day. 

Hours of Operation – Entertainment and/or live or amplified music

5.      Unless with the prior written consent of the Responsible Authority, live music or entertainment must only occur between the hours 7:00pm to 12am.

Number of Patrons

6.      Unless with the prior written consent of the Responsible Authority, the number of patrons occupying the premises must not exceed:

a)       20 patrons between 10:00 and 5:59pm.

b)       200 patrons between 6:00pm and 2:00am.

Number of Staff

7.      Unless with the prior written consent of the Responsible Authority, the number of staff occupying the premises must not be:

a)      Less than 2 between 10:00am and 5:59pm.

b)      More than 6 between 6:00pm and 2:00am.

Noise Amenity Action Plan

8.      Prior to the commencement of the use, a Noise and Amenity Action Plan must be submitted to and approved by the Responsible Authority.  When approved, the Noise and Amenity Action Plan will be endorsed and will then form part of the permit.  The use must operate in accordance with the Noise and Amenity Action Plan to the satisfaction of the Responsible Authority.  The Noise and Amenity Action Plan must generally be in accordance on The DDEG Acoustic Report, Project Number 201619-A Rev 1 dated 31/07/2023, but amended to include the following information:\

a)       The identification of all noise sources associated with the uses on site (including, but not limited to, music and entertainment noise, patrons queuing, sex on premise venue, entries and exits to the premises and waste storage areas).

b)       Hours of operation for all uses on the premises.

c)       The identification of noise sensitive areas including residential uses and accommodation uses in close proximity to the licensed premises.

d)       Measures to be undertaken to address all noise sources identified, including on and off-site noise attenuation measures.

e)       Details of staffing arrangements including numbers and working hours of all security staff.

f)        Standard procedures to be undertaken by staff in the event of a complaint by a member of the public, the Victoria Police, an authorised officer of the Responsible Authorityor an officer of the liquor licensing authority.

g)       Location of lighting within the boundaries of the site, security lighting outside the licensed premises and any overspill of lighting.

h)       Details of waste management including storage and hours of collection for general rubbish, bottles and recycling, and delivery times associated with the licensed premises.

i)        Details of any measures to work with neighbours or other residents in the immediate area to address complaints and general operational issues.

j)        Any other measures to be undertaken to ensure minimal impacts from uses on the premises.

Implementation of acoustic measures

9.      Prior to the occupation of the building, all acoustic measures required by the Noise and Amenity Action Plan must be implemented to the satisfaction of the Responsible Authority.

Noise Limits

10.    At all times noise emanating from the land must comply with the requirements of the Environment Protection Regulations 2021 (as amended from time to time) and measured in accordance with the Noise Protocol to the satisfaction of the Responsible Authority.

Noise Protocol means Publication 1826.4: Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by the Environment Protection Authority on its website, as in force from time to time.

Any works required to ensure and maintain the noise levels from the venue are compliant with the regulations must be limited to internal works and completed prior to the commencement of the use or occupation of the building and maintained thereafter, to the satisfaction of the Responsible Authority.

Doors to remain closed and fitted with automatic closers

11.    The entry/exit door is to be fitted with an operating automatic closer. No doors are to be left open during operation hours to the satisfaction of the Responsible Authority.

Staff must be present at the entry/ exit door between 6:00pm and 2:00am. Staff must actively manage pass out requests to limit the number of patrons occupying the footpath and / or adjoining laneway.

Pre commencement testing

12.    Prior to the commencement of the use the Responsible Authority requires noise vibration testing to be carried out. This must be undertaken by a suitably qualified acoustic consultant to confirm that the use complies with the noise and vibration requirements stated in Condition 10 of this permit. Where non-compliance is measured, rectification works shall be carried out and re-tested prior to commencement of the use, until compliance is demonstrated to the satisfaction of the Responsible Authority. A report shall be provided by the consultant to the Responisble Authority for endorsement, confirming that any testing carried out was representative of all impact sources of noise and vibration.

Post commencemnet acoustic complaince testing

13.    At the end of a period of three months from the commencement of the approved use, an post commencement acoustic report must be prepared by a suitably qualified acoustic engineer and provided to the satisfaction of the Responsible Authority. The report is to assess the use of the venue as shown on the endorsed plans and must include:

a)       The time and date during which noise levels are measured.

b)       The number of patrons present at the time which the noise levels are measured.

c)       Measurements of the noise levels at the nearest residential building.

d)       Conclusions and recommendations concerning compliance with the relevant State Environmental Protection Policies as they relate to noise emissions.

e)       A statement confirming that the noise assessment is representative of typical operations.

f)        A statement confirming that all acoustic measures have been implemented in accordance with the endorsed acoustic report and/or plans.

Prior to the continuation of the use of the venue, all noise and vibration issues identified in the acoustic report must be addressed by the operator to the satisfaction of the Responsible Authority.

On-going noise testing

14.    At any time the Responsible Authority may request the occupier/owner of the land carry out noise and vibration testing. This must be undertaken by a suitably qualified acoustic consultant to confirm that the use complies with the noise and vibration requirements stated in Condition 10 of this permit. Where non-compliance is measured, rectification works shall be carried out and re-tested prior to commencement of the use, until compliance is demonstrated to the satisfaction of the Responsible Authority. A report shall be provided by the consultant to the Responsible Authority for endorsement, confirming that any testing carried out was representative of all impact sources of noise and vibrations from within the venue.

Noise-limiter

15.    Amplified music (including background music) is not permitted to be played other than through a Limiting Device installed and operating to ensure compliance with the Environmental Protection Regulations 2021 and EPA Publication 1826 (Noise Protocol) to the satisfaction of the Responsible Authority.

Noise-limiter installation/certification/inspection

16.    Prior to commencement of the use, a suitably qualified acoustic consultant must install and calibrate a Limiting Device (‘the Device’) and confirm that it is operating and has all the following characteristics which are also operating:

a)      The Device limits noise levels to ensure compliance with the music noise limits according to the EPA Noise Protocol.

b)      The Device includes a microphone incorporated into its own tamper-proof enclosure.

c)       The Device controls are in a locked case or is password protected so that is not accessible by personnel other than a qualified acoustic consultant or technician nominated by the permit holder of the land and notified to the Responsible Authority.

d)      The Device is installed to control all amplification equipment and associated loudspeakers.

e)      The Device monitors noise levels at octave band frequencies between 63Hz and 4kHz or C-weighting.

f)       The Device must be able to automatically store for a minimum of 30 days records of logged noise levels in 15-minute intervals.

g)      The Device must be re-calibrated as necessary to maintain Noise Protocol compliance, and when any changes are made to the Device sensor position or the venue changes operating conditions, building works, sound system configuration or anything else that may necessitate re-calibration of the Device.

A written statement and plan prepared by the suitably qualified acoustic consultant must be submitted to and endorsed by the Responsible Authority. The statement must confirm the installation and calibration of the Device in accordance with the above requirements. The plan of the premises must show the location of the Device, the tamper proof enclosure and the microphone to the satisfaction of the Responsible Authority.

Upon request, the Device, the tamper proof enclosure and microphone must be made available for inspection by the Responsible Authority.

Upon request, records of logged noise by the Device must be produced to the satisfaction of the Responsible Authority.

No external noise sources

17.    No external sound amplification equipment, loudspeakers or public address system are to be used for the purpose of announcement, broadcast, playing of music or similar purpose to the satisfaction of the Responsible Authority.

Venue and Patron Management Plan

18.    Before the commencement of the use including the sale and consumption of liquor, a Venue and Patron Management Plan to the satisfaction of the Responsible Authoritymust be submitted. When approved, the plan will be endorsed and will then form part of this permit. The plan must include the following details:

a)       “Venue rules” to set a clear standard of behaviour for patrons attending the premises.

b)       Details of the venue booking system and how staff will manage patrons who attend the venue without pre-booked tickets.

c)       Details of how the venue will inform patrons of travel options to the venue including nearest public transport options, drop-off and collection points for taxi / car ride services, recommended areas for parking and recommendations not to park on residenital streets.

d)       Staffing and other measures which are designed to ensure the orderly arrival and departure of patrons in accordance with the Crowd Controllers requiremen at Condition 21 of this permit.

e)       The measures to be taken by management and staff to ensure that patrons queue to enter the premises in an orderly manner including queuing within the foyer / reception area and maintain satisfactory clearance for other pedestrians on the footpath.

f)        Details of measures, including the use of CCTV, to be taken by management and staff to ensure that patrons do not loiter or cause nusiance in the adjoining laneway.

g)       The keeping of a register recording the number of patrons on the premises during operating hours being 10amto 2amthe following day.

h)       The training of staff in the management of patron behaviour.

i)        The measures to be taken by management and staff to ensure patrons depart the premises and the surrounding area in an orderly manner.

j)        Signage to be used to encourage responsible off-site patron behaviour.

k)       How staff will be made aware of minimising noise from the premises, particularly during the sensitive early morning hours.

l)        Staff communication arrangements.

m)      Compliant handling process to effectively manage any complaints received. This must include a telephone number provided for residents to contact the premises and linked to the Complaints Register. The Complaints Register to be kept at the premises which records details of the complaint received, any action taken and the response provided to the complainant.

n)       Details of waste management, including the location of the storage area and hours of collection for rubbish and bottles associated with the licensed premises. This must comply with Council’s local laws.

The requirements of the endorsed noise and amenity management plan must be implemented and complied with to the satisfaction of the Responsible Authority.

Crowd Controllers

19.    During operating hours the Licensee must ensure that registered crowd controllers licensed under the Private Agents Act are employed at a ratio of two crowd controllers for the first 100 patrons and one crowd controller for each additional 100 patrons or part thereof. One crowd controller is to be present outside the premises to monitor patrons arriving and departing the premises. Crowd controllers are to be present from 30 minutes before the start of the entertainment being provided and 30 minutes after closure.

Exit Signs

20.    Before the use commences, signs must be erected near the entrance/exit and in the toilets requesting that patrons leave the building in a quiet and orderly manner so as not to disturb the peace and quiet of the neighbourhood to the satisfaction of the Responsible Authority.

Lighting Baffled

21.    All lighting of external areas must be suitably baffled so as not to cause nuisance or annoyance to nearby residential properties to the satisfaction of the Responsible Authority.

Car Parking

22.    Before the use commences, the works shown on the Public Works and Implement Plan to reassign car parking infront of the site must be delivered at the applictant’s cost and to the satisfaction of the Responsible Authority.

Storage and Waste Management

23.    Provision must be made for the storage and disposal of waste and recycled goods to the satisfaction of the Responsible Authority.  All waste and recyclying storage areas must be located within the building.

24.    Before the use starts, a Waste Management Plan based on the City of Port Phillip’s Waste Management Plan Guidelines for Developments must be prepared by a Waste Management Engineer or Waste Management Planner to the satisfaction of the Responsible Authority and endorsed as part of this permit. The Plan must include reference to the following:

a)      Land use type.

b)      The estimated garbage and recycling volumes for the use.

c)       Bin quantity, size and colour.

d)      The garbage and recycling equipment to be used.

e)      Collection frequency.

f)       The location and space allocated to the garbage and recycling bin storage area internal to the building and collection point.

g)      The waste services collection point for vehicles.

h)      Waste collection provider.

i)        Scaled waste management drawings including waste and recycling collection vehicles.

j)        Signage.

Once submitted and approved, the waste management plan must be carried out to the satisfaction of the Responsible Authority.

Amenity

25.    The amenity of the area must not be detrimentally affected by the use through the:

a)       Transport of materials, goods or commodities to or from the land.

b)       Appearance of any building, works or materials.

c)       Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

Time for Starting and Completion

26.    This permit will expire if one of the following circumstances applies:

a)       The use is not started within two years of the date of this permit.

b)       The use is discontinued for a period of two years.

27.    The Responsible Authority may extend the periods referred to if a request is made in writing:

·         Before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started.

·         Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

Permit notes

Background music

·        Background music, in relation to premises, means music played at a level that enables persons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial degree.

Building approval required

·        This permit does not authorise the commencement of any demolition or construction on the land.  Before any demolition or construction may commence, the applicant must apply for and obtain appropriate building approval from a Building Surveyor.

Other approvals may be required

·        This Planning Permit represents the Planning approval for the use and/or development of the land.  This Planning Permit does not represent the approval of other departments of the City of Port Phillip or other statutory authorities. Such approvals may be required and may be assessed on different criteria from that adopted for the approval of this Planning Permit.

Environmental Health

·        The premises must comply with the Food Act 1984 and the Food Standards Code and must be registered with Council’s Health Services Unit before the use starts.

Permit required for signs

·        This permit relates only to the use of the land and does not comprise an approval for the erection of any advertising signs. The location and details of any advertising signs to be erected on the land and not exempt pursuant to the Port Phillip Planning Scheme, must be the subject of a separate planning permit application.

4.       RELEVANT BACKGROUND

4.1    There is no relevant history or background for this application.

5.       PROPOSAL

5.1    The application proposes to:

5.1.1    use land for a Section 2 – Permit required innominate use pursuant to Clause 33.01-1 - Industrial 1 Zone (IN1Z).

5.1.2    use land to sell or consume liquor  were a licence (on-premises licence) is required under the Liquor Control Reform Act 1998 (LC Act) pursuant to Clause 52.27; and

5.1.3    provide car parking to the satisfaction of the Responsible Authority.

5.2    Specifically, the application includes:

5.2.1    An innominate use generally described as an adult lifestyle meeting place.

5.2.2    Specific uses on the land will comprise a bar, live entertainment (including live music, DJ, comedy, cabaret and burlesque) and a Sex on Premises Venue) in an IN1Z.

5.2.3    Live music entertainment from 7:00.m to 12pm.

5.2.4    The sale and consumption of liquor from 10:00am to 1:00am.

5.2.5    A maximum patron capacity of 20 patrons from 10:00am to 5:59pm and 200 patrons from 6:00pm to 2:00am the following day.

5.2.6    The number of car parking spaces required must be to the satisfaction of the Responsible Authority.

5.3    A Sex on Premises Venue (SOPV) is a venue where people are required to pay an admission fee to enter for the purpose of engaging in sexual activities with other people who have entered the venue on the same terms and who did not receive payment for engaging in sexual activities.

5.4    At the time of submitting the planning permit application, a SOPV required an exemption from the Sex Work Act 1994. Since the repeal of the Sex Work Act 1994, operators of SOPVs will no longer be required to apply to the Department of Health (the department) for an exemption from this act.

5.5    The use is not a Sex Services Premises (previously referred to as a brothel) which is defined as land made available for the purpose of sex work by a person carrying on the business of offering or providing sex work services at the business’s premises.

5.6    Internal buildings and works (exempt from requiring a planning permit) include part demolition of internal walls / partitions to replace a staircase and configure amenities, including:

5.6.1    The ground floor level (188.9sqm) reconfigured to provide a reception / foyer area, cloakrooms and a private suite along with a stage, booths, bar and bathrooms.

5.6.2    The first-floor level (188.9sqm) to include 7 private rooms, seating areas and bathrooms.

5.6.3    The first-floor level includes a mezzanine (65.1sqm) will be blocked from public access.

5.6.4    The architectural and red line plans are appended at Attachment 2.

6.       SUBJECT SITE AND SURROUNDS

 

Description of Site and Surrounds

Site Area

The site is located on the south-eastern side of City Road, South Melbourne. It is regular in shape with a frontage of 9.14 metres and a depth of 21.43 metres and a total site area of 195.87 square metres.

Existing building and site conditions

The site is occupied by a double-storey former produce store constructed in red brick.

The Federation period front façade features a wide curvilinear parapet and moulded bricks to the cornice and parapet. The eastern side elevation is finished in painted brick with multiple openings at both levels.

The building has a door onto both City Road and the adjoining laneway.

The building is addressed to City Road to the north-west with two 1P on-street parallel car parking spaces in front of the site. City Road is a Transport 2 Zone (TRZ2) – Principal Road Network.

The side and north-eastern property boundary abut an unnamed laneway known as Lane R3103. The laneway has a dog-leg profile, extends the length of the site and provides vehicular access to 423 City Road, a double storey office building, and 232-234 York Street, a three-storey office building that also shares a rear boundary with the site.

To the south-west is 431 City Road, a double storey office building.

Surrounds

Located in the City Road Industrial Triangle (land bound by City Road, Ferrars Street and York Street), the area features a mix of land uses from light industrial to commercial and high technology knowledge industries.

To the east of Ferrars Street are clusters of Commercial areas (C1Z and C2Z) and the No. 96 tram route and South Melbourne Market beyond.

The area south of York Street is zoned Neighbourhood Residential (NRZ1) and to the northern side of City Road is the Capital City Zone (CCZ1) or commonly known as Fishermans Bend. The Montague Precinct will establish a diverse and well-connected mixed-use precinct where co-working spaces, small creative businesses. and studios will contribute to the cultural identity of the area. Lower scale buildings along City Road and Boundary Street ensure that the precinct is well-integrated with its neighbours.

Figure 1: Aerial view of the site and surrounds with zoning boundaries indicatively shown. (Source: Adapted from Near map, captured on 3 February 2024).

7.       Permit Triggers

7.1    The following controls apply to the site, with planning permissions required as described:

Zone

Permit Trigger

Clause 33.01

Industrial 1 Zone (IN1Z)

Clause 33.01-1, Section 2 - Permit required, states a permit is required for any use not in Section 1 or 3.

A planning permit is required for an innominate use being an adult lifestyle meeting place (including a bar, live entertainment (including live music, DJ, comedy, cabaret and burlesque) and sex on premises venue).

The use of the land for the sale and consumption does not require a planning permit pursuant to the IN1Z.

Clause 36.04

Transport Zone 2

(TRZ2 – Principal Road Network)

Clause 36.04-2 states a permit is required to construct a building or construct or carry out works for any use in Section 2 of Clause 36.04-1.

A planning permit is not required pursuant to the TRZ2 as it is not proposed to construct a building or construct or carry out works.

Particular Provisions

Exemption

Clause 52.06

Car Parking

Clause 52.06-3 states a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. Where a use of land is not specified before a new use commences, car parking spaces must be provided to the satisfaction of the Responsible Authority. 

A permit is not required under this clause.

Clause 52.27

Licensed Premises

Pursuant to Clause 52.27 of the planning scheme, a planning permit is required to use land to sell or consume liquor if any of the listed circumstances apply. In this instance, a licence is required under the LC Act. Specifically, for a ‘on-premises licence’ under section 9 of the LC Act

A planning permit is required subject to the provisions of Clause 52.27.

Clause 52.29

Land adjacent to the Principal Road Network

Clause 52.29-1 directs a permit is required to create or alter an access to a road in a Transport Zone 2.

A planning permit is not required as it is not proposed to create or alter an access to City Road.

Clause 42.34

Bicycle facilities

Byccle spaces, showers and change rooms are required in accordance with the rates in Clause 52.34-5 – Required bicycle facilities.

The use while not listed would not meet the thresholds for individual components and therefore a permit is not required to vary, reduce or waive bicycle facilitity requirements pursuant to Clause 52.34-2.

Clause 53.06

Live Music Entertainment Venues

This clause applies to an application to use land for, or to construct a building or construct or carry out works associated with a live music entertainment venue.

A live music entertainment venue must be designed, constructed and managed to minimise noise emissions from the premises and provide acoustic attenuation measures that would protect a noise sensitive residential use within 50 metres of the venue.

Particular Provisions

Exemption

Clause 62.02

Buildings and Works

The general exemptions at Clause 62.02-2 (Buildings and works not requiring a permit unless specifically required by the planning scheme) states that any requirement in the planning scheme relating to the construction or carrying out of works does not apply to the internal rearrangement of a building or works provided the gross floor area of the building, or the size of the works, is not increased and the number of dwellings is not increased.

The internal arrangement of the building, including works associated with noise attenuation, would be exempt from requiring a planning permit pursuant to this provision.

8.       MUNICIPAL PLANNING STRATEGY (MPS) AND PLANNING POLICY FRAMEWORK (PPF)

8.1    The following provisions of the MPS and PPF are of particular relevance to this application:

Municipal Planning Strategy

Clause 02   MPS

                   02.1 Context

            02.02 Vision

            02.03 Strategic directions

                        02-03-1 Settlement

                        02.03-6 Economic development

            02.04 Strategic Framework Plans

02-04-1 Economic Development Plan

02-04-3 Pedestrian and Bicycle Network Framework Plan

02.04-4 Public Transport Network Frmework Plan

Planning Policy Framework

Clause 11   Settlement

                             11.03 Planning for places

Clause 13   Environmental risks and amenity

                                      13.05-1S Noise management

                                      13.07-1L-03 Interfaces and amenity

                                      13.07-1L-04 Tourism, entertainment use and licensed premises

                                      13.06-3S Live music

Clause 17   Economic Development

                             17.01 Employment

                                      17.01-1S Diversified economy

17.02 Commercial                          

17.02-1S Business

                             17.03 Industry

                                      17.03-1S Industrial land supply

                                      17.03-2S Sustainable industry

                                      17.03-2L Sustainable industry

                             17.04 Tourism

                                      17.04-1S Facilitating tourism

                                      17.04-1L Tourism in Metropolitan Melbourne

17.04-2L Tourism and the arts

Clause 18   Transport

                             18.01 Land use and transprt integration                  

18.01-1S Land use and transport integration

                                      18.01-1L-01 Land use and transport integration

                                      18.01-3S Sustainable and safe transport

                             18.02 Movement Networks

18.02-4L-01 Car parking

18.02-4L-02 Loading facilities

Clause 19   Infrastructure      

                                      19.03-5S Waste and resource recovery

                                      19.03-5L Waste and resource recovery

8.2    The following other provisions of Port Phillip Planning Scheme are of relevance to this application:

Clause 65   Decision Guidelines

65.01 Approval of an Application or Plan

Clause 71   Operation of this planning scheme

71.01 Operation of the Municipal Planning Strategy

71.02 Opration of the Planning Policy Framework

71.03 Operation of Zones

71.05 Operation of Particular Provisions

8.3    The following Council strategies or Planning Scheme Amendments are relevant:

8.3.1    The draft South Melbourne Structure Plan (draft structure plan) will be an integrated, long-term framework to guide employment generation opportunities and economic recovery, built-form outcomes, housing opportunities, movement and place improvements. The draft structure plan would be implemented over a 20-year period from 2024 to 2044.

8.3.2    \Phase 3 of public consultation for the draft structure plan was held between 19 February and 28 March 2024. Council is currently reviewing community feedback before a draft plan is presented to Council for endorsement in the second half of 2024. After endorsement by Council, a request to the Minister for Planning will be made for a Planning Scheme Amendment.

9.       REFERRALS

Internal referrals

9.1    The application was referred to the following areas of Council for comment. The comments are discussed in Section 11 of the report.

Internal Department

Referral comments (summarised)

Building Department

No objection

A high-level review indicates there do not appear to be any significant issues with the building layout with respect to the number of exits and sanitary facilities accommodating 200 patrons plus staff.

As the proposed works change the use of the building, pursuant to Regulations 229 of the Building Regulations 2018, the entire building must be brought into compliance with current codes and standards, including, but not limited to: structure, fire resistance, access and egress.

Note: Building matters sit outside the ambit of discretion of the planning scheme but a high-level review provides clarification on considerations that may otherwise practically prohibit the proposed uses.

Strategic Planning Department

No objection

On 7 February 2024, Council meeting unanimously endorsed the draft South Melbourne Structure Plan for consultation. The consultation period has concluded.

The draft plan is not in its final form. A planning scheme amendment will be required to implement the South Melbourne Structure Plan through the Port Phillip Planning Scheme. Stakeholder engagement was undertaken in accordance with a separate Communications and Engagement Plan, which will be consistent with the statutory requirements of the Act. This stage of the project will take place following adoption of the Structure Plan.

The proposed and current zoning does not limit, prohibit or authorise the use without a planning permit.

Traffic Department

No objection, subject to conditions

Matters related to WMP, pedestrian queuing, and on-street parking changes outside the site can be addressed via permit conditions.

Waste Management - A Waste Management Plan is to be submitted with for private onsite collection via 6.4m rear mini-loader to the satisfaction of Council. Garbage bins are not to be stored on kerbside or footpath at any given time.

Pedestrian Queuing – Acceptable based on a condition stating that pedestrian queuing is not to extend beyond the subject site capacity for 20 patrons in the foyer area.

Public Works Plan - A public works plan is to be submitted showing short-term parking restrictions (i.e., P-10min or P-15min), relevant parking control signage and line-markings etc. for the existing 2 x on-street bays directly outside the site in accordance with relevant standards. The applicant will need to bear the cost of the installation of signage associated with PWP.

Patron Numbers - 80 to 120 patrons are expected for most events. To avoid impacts on residential areas, it would be appropriate to limit the patron capacity to 150. An increase patron numbers can be considered at a later stage.

External referrals and notice

9.2    Clause 66.05 directs notice of permit applications under State Standard Provisions to the Chief Commission of Victoria Police for an application for the sale and consumption of liquor in association with a bar, hotel or nightclub that is to operate after 1am. The use of the land is proposed to 2am but use of the land for the sale and consumption of liquor is proposed until 1am and therefore notice is not required pursuant to this clause. Regardless, notice was undertaken given the nature of concerns raised through the public notification and consultation process.

Internal Department

Referral comments (summarised)

Victoria Police

No objection

Victoria Police assessed the liquor licence application and could find no grounds to lodge an objection to a licence being granted by Liquor Control Victoria (formerly VCGLR).

10.     PUBLIC NOTIFICATION/OBJECTIONS

10.1  It was determined that the proposal may result in material detriment; therefore, Council gave notice of the proposal by ordinary mail to the owners and occupiers of surrounding properties generally within a 50m radius and directed that the applicant give notice of the proposal by posting one notice on the site for a period of 18 days commencing on 12 January 2024, in accordance with Section 52 of the Act.

10.2  Before the end of the public notification period, it was brought to Council’s attention that the public notification sign was not clearly visible to the public due to screening treatments on the windows fronting City Road. On 30 January 2024 Council directed re-advertisement, including re-notification to all affected properties by mail and by posting one notice, externally to the building in a more prominent location. Council took the re-advertising process to amend the proposal description to provide more clarity and detail about the proposal.

10.3  A Statutory Declaration was received on 19 February 2024 confirming the sign was clearly displayed for the requisite period.

10.4  The application has received 33 objections. The key concerns raised are summarised below and will be addressed in Section 11 of this report:

Land use

·    Inappropriate and incompatible use in an industrial, commercial, business areas including the proposed Commercial 2 Zoning in the draft South Melbourne Structure Plan and the Fishermans Bend Framework Plan (to the opposite side of City Road).

·    Sets an undesirable precedent for the area, there is no demand for a premise of this nature in the area - particularly given the proximity to South Melbourne Primary School, places of worship and residential land uses.

·     The nature of the use prevents street activation.

Operational

·    Absence of security staff / crowd control.

·    Inadequate waste management.

·    The number of bathrooms and the stair details do not comply with the Building Regulations / National Construction Code.

·     Pass-out system for smokers and associated noise.

Amenity

·     Noise levels from music, patrons and waste management will unreasonably impact other businesses and residential amenity.

·     Unclear from application material if sufficient noise mitigation will be implemented.

Car parking

·     Zero provision of on-site car parking will result in reduced / unreasonable car parking capacity for on-street parking for existing businesses and residents, especially on weekends and other market days.

·     The dates and times of the traffic survey were not appropriate.

Social

·     Illicit drugs, homelessness, graffiti, intoxicated persons, anti-social behaviour and vandalism are current issues within the area. The proposed use may attract more issues to the area, especially after hours.

·     The deterioration of the City Road precinct in recent years with the introduction of “sex businesses disguised as massage parlours” has damaged the reputation of South Melbourne and the viability of surrounding businesses.

·     A heavy reliance on public transport may result in urination, rubbish, and nuisance behaviour as patrons walk to tram stops.

·     Adjoining businesses will be required to manage prospective gender-based violence associated with the venue.

·     The operations would potentially impact adjoining businesses complying with occupational health and safety requirements.

·     The venue’s website has gone live before a permit has been secured.

Application material

·     The cost of works noted on the application form and the online portal is inconsistent.

·     The application refers to seating for 100 patrons but this is not reflected on the plans.

·      The liquor license application notes the provision of double-glazing windows but these are not shown or proposed on the plans.

Other

·     Impact on property values.

10.5  A consultation meeting was held on Tuesday 9 April 2024. The meeting was attended by the Ward Councillors, the applicants, eight objectors and Planning Officers. The meeting did not result in any changes to the proposal.

10.6  The applicant submitted additional information to Council on 20 May 2024 in response to concerns. This material was circulated to all objectors on 23 May 2024.

10.7  It is considered that the objections do not raise any matters of significant social effect under Section 60(1B) of the Act.

11.     OFFICER’S ASSESSMENT

11.1  The planning controls each contain a purpose and decision guidelines. The following assessment will respond to relevant requirements along with other matters required to be considered under the Scheme and the Act, as applicable to the Application. This will be done by responding to the following questions:

11.1.1  What categorisation is the proposed use?

11.1.2  Does the draft South Melbourne Structure Plan 2024 have any implications for the subject site?

11.1.3  the proposed use consistent with the direction of the Planning Policy Framework?

11.1.4  Is the proposed use consistent with the purpose of the Industrial 1 Zone?

11.1.5  Will the proposed use result in unreasonable amenity detriment to adjoining land uses?

11.1.6  Does the proposed use result in unreasonable traffic and car parking outcomes for the area?

11.1.7  Does the proposal provide adequate waste management measures?

What categorisation is the proposed use?

11.2  The proposed use of the land is for an adult lifestyle meeting place comprising a bar, live entertainment (including live music, DJ, comedy, cabaret and burlesque), sex on premises venue and to sell and consume liquor.

11.3  Components of the use could be described as a bar, nightclub, live music venue and place of assembly which are defined by the scheme at Clause 73.03. The real and substantive purpose of the land or which uses are ancillary to the other are unclear. It would be difficult to ensure the entertainment uses didn’t transition over time from what was originally envisaged.

11.4  The proposed use has specific and identifiable purposes or characteristics that distinguish it from uses identified at Clause 73.03 and necessitate it be defined in some other way being an innominate use under Section 2- Permit required in the Industrial 1 Zone.

Does the draft South Melbourne Structure Plan 2024 have any implications for the subject site?

11.5  427 City Road is in an urban block bound by City Road, Ferrars and York Street in South Melbourne and known locally as the “City Road Industrial Triangle”. 

11.6  The site is outside the South Melbourne Central Structure Plan (2007) Study Area (refer Figure 2). The draft South Melbourne Structure Plan (2024) proposes to expand the boundary to include the City Road Industrial Triangle, re-zone the land from Industry 1 Zone (IN1Z) to Commercial 2 Zone (C2Z) and form part of the Enterprise Precinct (refer to Figure 3).

Figure 2:

Subject site location and the South Melbourne Central Structure Plan (2007) Study Area, City of Port Phillip.

 

 

 

 

Figure 3:

Proposed boundaries and zoning in the draft South Melbourne Structure Plan (2024), City of Port Phillip

 

 

 

 

11.7  Council must consider an application for the proposed use under the current planning controls, being an Industrial 1 Zone (IN1Z). Due weight will be given to any proposed structure plan once it becomes a “seriously entertained” document, this is defined as:

11.7.1  Been through the exhibition (public consultation) process.

11.7.2  Been adopted in its final form by Council, and

11.7.3  Submitted to the Planning Minister’s office for consideration.

11.8  S60 of the Act allows Council to consider ‘any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority’.

11.9  The draft structure plan is not in its final form, yet to be adopted by Council or submitted to the Minister for Planning for a planning scheme amendment.

11.10   The land use would remain as a Section 2 – Permit required should the City Road Industrial Triangle be re-zoned to a Commercial 2 Zone (C2Z). Key differences in the zones are a shift from providing more manufacturing-based industry, the storage and distribution of goods to commercial areas for offices, appropriate manufacturing industries and bulky goods retailing etc.

11.11   Neither zone would prohibit the use without a planning permit, subject to demonstrating land use compatibility and no unreasonable impacts on the safety and amenity of local communities.

Is the proposed use consistent with the direction of the Planning Policy Framework?

11.12   The proposal is supported by the strategic direction set out in the Planning Policy Framework.

11.13   Clause 02.03-1 recognises that South Melbourne has established business precincts with development pressures and aims to develop a sustainable mixed-use precinct with a focus on the South Melbourne Major Activity Centre. The proposal would contribute to the diversity and would not prejudice existing or emerging land uses sought by the purpose of the zone or the strategic direction of mixed-use development in adjoining areas including the Capital City Zone (Fishermans Bend) to the west and Commercial 2 Zone to the east.

11.14   The proposal would support the adaptive reuse and retention of affordable and flexible creative workspaces in the municipality. The proposed uses could support the creative economy by providing a platform for performances, aligning with the aim of supporting the growth of the creative sector in the area.

11.15   With the goal of advancing the municipality as a tourist and entertainment destination, Clause 13.07 Amenity, Human Health and Safety supports appropriate commercial, industrial, infrastructure or other uses with potential adverse off-site impacts. However, this support is contingent upon minimising adverse effects on amenity, particularly residential. In this application, the proposed uses are located within 33m of residentially zoned land and 49m from the nearest residential property which is separated by two and three storey buildings fronting York Street, providing separation from the most sensitive interfaces.

11.16   The application material demonstrates steps to evaluate and control the potential impacts of the proposed uses including live entertainment, dj’s, karoke and licensed premises on the surrounding environment, amenity, human health and safety. This has been achieved through the preparation of an acoustic report, a cumulative impact assessment, a car parking demand assessment and operations letter considering how the venue would be managed. These documents outline a variety of strategies for reducing the potential impacts arising from the proposal. For example, security controllers and the provision of surveillance cameras can deter anti-social behaviour, and, in turn, enhance community safety. The proposed measures are considered in more detail below but are generally practical and meet industry standards. To ensure the implementation of these measures, it is recommended that a condition be included requiring the provision of a Venue and Patron Management Plan (Condition 18). Contrary to concerns, the proposed use would increase night-time presence within the area and contribute to passive surveillance and activation of the area.

11.17   Policy at Clause 17.01 Employment (Clause 17.01-2S Innovation and Research) includes a strategy to support the development of enterprise precincts such as the South Melbourne Industrial 1 Zone to create opportunities for innovation and the knowledge economy. Additionally, State policy at Clause 17.01-R (Diversified Economy - Metropolitan Melbourne - Inner Metro Region) contains a strategy to retain and encourage the development of areas in and around South Melbourne for creative industries. The proposal will deliver on these objectives by increasing the choice of entertainment available within the locality while creating jobs within the area as identified by Clause 17.01-1S and complementing the emerging mixed-use areas in Fishermans Bend.

11.18   The Planning Policy Framework also provides direction on amenity. Clause 18.02-4L-01 supports uses close to high frequency public transport, such as tram routes, Activity Centres or their immediate surroundings which can help decrease parking demand for existing on-street parking. The proposal aligns with these objectives.

11.19   The venue intends to have a designated area for storing waste to avoid negative impacts on the character and amenity of the streetscape. The operations plan provides a general commitment to recycling and improving resource recovery, as encouraged by Clause 19.03-5L. The same plan notes that bins will be stored in designated areas but is not detailed on the plans. Appropriately, the role of waste management in controlling amenity impacts associated with the disposal of bottles is considered at Clause 13.07-1L-03 (Interfaces and amenity) and Clause 13.05-1S (Noise management). The purpose and decision guidelines of Clause 52.27 also require consideration of amenity matters; these are discussed in more detail below.

Is the proposed use consistent with the purpose of the Industrial 1 Zone?

11.20   The propoal is an acceptable use, consistent with the purpose of the Industrial 1 Zone.

11.21   The site is located within an Industrial 1 Zone which purpose is to provide for the manufacting industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.

11.22   The proposed use falls within Section 2 Use – Permit required.

11.23   The zone directs consideration of the effect that nearby industries may have on the proposed use and, conversely, the effect the proposed use imposes on nearby existing or proposed residential areas or other uses sensitive to industrial off-site effects.

11.24   The adjoining properties are all within the Industrial 1 Zone, primarily comprising office or light industrial uses that are expected to be minimally affected by the low-scale daytime operations while night-time operations are also unlikely to have a significant impact given the premises generally close before 6 pm when the use of the proposed venue would intensify.

11.25   The nature of the use would not be at odds with the manufacturing industry or uses that the Industrial Zone seeks to accommodate. As a non-sensitive land use, the proposed venue would not require existing businesses to retrofit buildings or alter operations to mitigate against any off-site impacts. Equally, the proposal would not prejudice achieving the purpose of the zone or orderly development of the area anticipated by the Industrial 1 Zone or nearby Fishermans Bend.

11.26   The effects of the proposed use on the safety and amenity of the local community are considered in the following paragraphs, along with detailed assessment on the acceptability of liquor consumption, noise attenuation, patron and venue management and car parking later in this report.

11.27   City Road, a Transport 2 Zone, has a high vehicle capacity and road noise. The proposed venue would be separated at least 30m from the Capital City Zone which would aid in attenuating any potential noise and disturbances from the venue and patron movements. The properties on the opposite side of City Road are currently used for commercial and office purposes, but as the urban renewal of the area takes effect any sensitive land uses, including dwellings, would require a permit owing to the street’s location in a gas pipeline buffer area. Importantly, the Capital City Zone requires any new developments with sensitive uses to adopt measures to mitigate potential amenity impacts from the existing use and incorporate noise attenuation measures.

11.28   York Street includes a mix of 2 and 3 storey former industrial and retrofitted commercial buildings to its north side. The combination of the noise attenuation of these buildings combined with the street width of approximately 30m, results in a 49m separation from the nearest residential property to the south side of York Street. Given the venue entrance and patron movements are concentrated on City Road, with measures in place for noise attenuation from onsite live music and entertainment, the proposed venue is not anticipated to cause any unreasonable impacts on the amenity of York Street residents or the surrounding residential neighbourhood.

11.29   Sensitive land uses to the east side of Ferrars Street are at least 120m from the proposal in an area close to several noise sources, such as the tram and as-of-right uses associated with the Commercial 1 and 2 Zones. Given the extent of built form between the proposal and existing noise attenuation measures to mitigate against other noise sources, it is unlikely the proposal would contribute to unreasonable amenity impacts in this area.

11.30   The use is proposed to occupy an existing building and avail of existing connections to services, including drainage of the land. No on-site car parking would be provided but it is anticipated that the traffic generated by the proposal would be low in respect to the capacity of the surrounding road network.

11.31   For the reasons outlined above, the proposal is consistent with the purpose of the zone and can be supported.

Will the proposed use result in unreasonable amenity detriment to adjoining land uses?

Sale and consumption of liquor

11.32   The sale and consumption of liquor would not result in unreasonable amenity impacts on the surrounding area.

11.33   Pursuant to Clause 52.27 – Licensed Premises, a planning permit is required when a licence is required to sell or consume liquor on site under the LC Act.

11.34   The proposal seeks permission for an on-premises liquor licence, which will allow for the sale and consumption of liquor within the venue (the ‘licenced premises’) and are typically associated with bars and nightclubs. The licence sought would not allow the sale of takeaway liquor.

11.35   The defined area where liquor is proposed to be licensed – that is where it can be supplied and/or consumed is known as a red-line plan. The red-line plans with the application confine the licenced area to the ground and first floor levels.

11.36   The purpose and decision guidelines of Clause 52.27 require the consideration on the amenity of the surrounding area, which includes residential uses emerging to the opposite side of City Road, and existing residential and non-sensitive uses to the south-eastern side of York Street and east side of Ferrars Street.

11.37   The risk associated with the sale and consumption of liquor is generally lower when associated with other uses such as live music and entertainment and the service of food rather than standalone bars or nightclubs, where vertical drinking - that is drinking while standing up - is the predominant activity. The application indicates 100 seats or 50% of the patrons would likely be seated. A condition of permit would require at least the same number of seats shown on floorplans (Condition 1(a)). As the sale and consumption of liquor is an integrated use of the broader venue, safety and amenity impacts will be managed by the venue operators.

11.38   As reinforced by the Tribunal in the decision of Keghlan v Mornington Peninsula SC [2000] VCAT 2538 which formed guidance on the assessment of competing zone purposes and its influence on planning outcomes, ‘dwelling owners/occupants if they occupy premises at the interface with a commercial or industrial zone, cannot expect to enjoy the same level of residential amenity as persons occupying residential properties more remote from the interface’. Similarly, this interface also places limitations on the business operator to ensure the premises does not result in unreasonable amenity impacts on nearby residential uses. Recommended conditions of permit would impose various operating procedures to ensure amenity impacts from the licensed premises are managed to an acceptable level through a Venue and Patron Management Plan (Condition 18).

Operating Hours

11.39   The proposed operating hours are daily from 10am to 2am the following day. Components of the use would have more limited operating hours, being:

11.39.1       The sale and consumption of liquor every day from 10am to 1am the following day.

11.39.2       Live music and entertainment every day from 7pm to 12am.

11.40   The proposed trading hours for the sale and consumption of liquor are within the ‘ordinary trading hours’ and 11pm until 1am the following day at S9 of the LC Act and would stop one hour before the venue closing time to assist with patron dispersal and align with night-time hours of nearby public transport.

11.41   The quality and frequency of public transport services is an important factor in the effective dispersal of patrons as it influences the length and time that patrons spend in an area after closing time and patrons will generally maintain better behaviour when they are not delayed in travelling home.

11.42   The premises has excellent access to tram route 96 stop 126 – City Road and stop 127 – South Melbourne Station which are 350m and 450m respectively. City-bound services for tram route 96 are generally scheduled as follows:

11.42.1  Saturday, every 20 minutes from 7:07pm through 1:46am on Sunday morning after which runs every 30 minutes. The last tram on Sunday is 11:49pm.

11.42.2  Monday to Thursday from 5:40am to a 1:56am. the following morning.

11.42.3  Friday nights run every 20 minutes until 1:41am Saturday after which run every 30 minutes until 5:11am.

11.43   Tram route 96 (to St Kilda Beach) and 109 (to Box Hill and accessed via Stop 126 –Montague Street is 550m from the proposed venue) run to a similar schedule.

11.44   As the operating hours are well aligned with nearby public transport operations this is considered an important factor in mitigating amenity impacts to noise sensitive areas. It is acknowledged that the tram is one of many available transport options, including taxi and car-ride services, particularly late at night which are considered later in this report.

Number of patrons

11.45   The venue would accommodate a maximum of 20 patrons between 10:00am and 5:59pm and a maximium of 200 patrons from 6:00pm and 2:00am.

11.46   The application notes that “venue management expects typical patron numbers to be in the range of 80 to 120 for many events. It is not expected that the venue will operate at the maximum capacity of 200 for every event”. Operating across a range below and up to maximum capacity reflects the typical operational experience of most entertainment venues”.

11.47   As discussed in the Traffic and Car Parking assessment of this report, it is likely that many patrons would avail of public transport to the site. including tram routes 96 and 109 which connect to major transport hubs including Southern Cross Station and close to Flinders Street Station.

11.48   When patrons arrive or leave the venue via public transport, they will be a maximum of 560m from the furthest tram stop. It is likely patrons would have a staggered departure in small groups between 1 a.m and 2 am with incidences of patrons creating nusiance walking through residential streets are likely to be low, noting that the most direct routes would likely be via Ferrars Street / City Road, Ferrars Street / York Street or Montague Street / City Road which are generally medium-high volume and busy roads with a low number of residential properties. The likelihood of patrons walking via Covetry Street is considered low.

11.49   All patrons attending the venue will pre-book, allowing forward preparation by venue management including scheduling staff, patron enteries and departures. A condition of any permit would require a queuing area inside the venue with capacity for at least 20 patrons meaning queuing would unlikely extend beyond the property frontage (Condition 1(b)).

11.50   The proposed staffing levels have been inconsistently noted in the application material but were clarified at the consultation meeting as being a minimum of two staff between 10:00am and 5:59pm and a maximum of six staff between 6:00pm and 2:00am, this is clarified as a condition of permit (Condition 7).

Cumulative Impact

11.51   Clause 52.27 – Licensed Premises requires consideration of the cumulative impact of any existing and proposed licensed premises on the amenity of the surrounding area. Cumulative impact refers to both positive and negative impacts that can result from clustering a particular land use or type of land use.

11.52   The Department of Environment, Land, Water, and Planning (Now the Department of Transport and Planning) Practice Note 61- Licensed premises: Assessing cumulative impact (March 2011) provides guidance on assessment of cumulative impacts. The assessment includes venues licensed and open after 11pm and in an area where there is a cluster of licensed premises. A cluster would occur where there are:

11.52.1  three or more licensed premises (including the proposed premises) within a radius of 100 metres from the subject land; or

11.52.2  15 or more licensed premises (including the proposed premises) within a radius of 500 metres from the subject land.

11.53   Refer to Attachment 3 for details of licensed premises within a 500 metres radius.

Figure 4:

500m radius (52 licensed premises) and 100m radius (1 licensed premised) (Source Liquor Control Victoria – Liquor Premies Map)

 

Type of Liquor Licence

Number of venues within a

100m radius

Number of venues within a

500m radius

Number of venues operate after 11pm

General

 

11

8

Late Night General

1

2

2

Limited Licence

 

7

 

Restaurant and cafe

 

17

 

Packaged Liquor

 

4

 

Full Club

 

-

 

On-premises

 

4

1

Late Night On-premises

 

1

1

Pre-retail

 

1

 

Producer’s Licence

 

2

 

Remote seller’s Licence

 

3

 

Total

1

52

12

Table of liquor licences numbers within 100m and 500m radius of the proposed venue and how many would operate after 11 pm (Source: Victorian Commission for Gambling and Liquor Regulation – Licence search portal)

11.54   The nearest licenced venue is The Wayside Inn at 446 City Road which operates under a Late Night General Licence in the bar / lounge area until 3am.

11.55   There are 12 existing premises (comprising a mix of General, Late Night General, On-premises and Late-Night On-Premises) which would operate generally until 1am or 3am. These premises are predominantly located to the east of the tram route 96 corridor.

11.56   The site would not contribute to a current cluster of licensed premises as defined by the practice note. Its proximity to one other late-night venue within 100m with later closing hours is not considered to result in large number of patrons exiting onto the street at closing time.

11.57   As noted, the LC Act and Liquor Control Reform Regulations 2009, obligations and licence conditions provide penalties for failing to comply with licence conditions, including fines, licence suspension and/or cancellation. Insofar as the management of liquor related off-site impacts are concerned, it is not expected that the sale and consumption of liquor would detract from the amenity of community life - existing or emerging. Overall, it is considered that subject to conditions, the proposed use of the land for the sale and consumption of liquor is appropriate.

11.58   Any planning permit issued to use the land for the sale and consumption of liquor is only one layer of regulation on the effective operation of the proposed venue and other management considerations are assessed as part of an application to the Victorian Liquor Control for a liquor licence.

Live Music Entertainment and Noise

11.59   There is policy support for use of the land as a live music and entertainment venue.

11.60   Clause 53.06 - Live Music Entertainment Venues recognises the significance of venues to the culture and economy of the State and seeks to protect them from encroachment of noise sensitive residential uses and ensure residential uses are satisfactorily protected. Policy acknowledges primary responsibility for noise attenuation rests with the agent of change, being the proposed venue.

11.61   Live music and entertainment in the form of live bands, DJ’s, comedy, cabaret, karaoke and burlesque shows etc. are proposed to operate everyday between from 7pm to 12pm. Incidences are expected to be less frequent with ad hoc scheduling rather than on a continuous daily or weekly schedule.

11.62   Clause 53.06 outlines requirements to provide noise attenuation measures that would protect a residential use (specifically inside a habitable room of a residential use with windows and doors closed) within 50m by complying with the noise limits specified in the Environment Protection Regulations under the Environment Protection Act 2017 and the incorporated Noise Protocol (Publication 1826, Environment Protection Authority, November 2020).

11.63   An Acoustic report prepared by DDEG (Acoustics) states that there are two residential properties within 50m of the venue being 235 and 237 York Street. Additional properties have been identified including 476-486 City Road which comprises the second stage of a mixed-use development approved by Planning Permit 39/2015/C. Stage 2 comprises allows for the construction of an 8-storey mixed use building with ground floor retail and 54 apartments. Notably conditions 7 and 8 of this permit require noise attenuation to be provided in accordance with relevant standards prior to occupation to assist in the management of external noise.

11.64   The DDEG Acoustic Report notes that the live music and entertainment would continue to 2am instead of the 12am timeframe sought in the application. A condition of permit would mandate the permissible operating times (Condition 5).

11.64.1  The Acoustic Report surveyed the most sensitive background noise locations between 12:55 am and 1:55am on Sunday 9 July 2023 which would provide for the most conservative assessment of noise nuisance to residential properties. The following assumptions were made in the acoustic assessment and would need to be enforced as part of approved venue:

11.64.2  Music levels will be played within the venue as per values defined by the Association of Australasian Acoustical Consultants Licensed Premises Noise Assessment Technical Guideline (AAAC Guideline) (AAAC, 2023). A condition of permit would require compliance with the above noise levels including the installation and use of a Noise Limiting Device (Conditions 10, 15 and 16).

11.64.3  Noise egress calculations have been based on the Sound Transmission Loss values adopted for exterior building elements. A condition of permit would require a statement of compliance from a suitably qualified person to confirm all required noise mitigation measures have been installed prior to commencement of the use (Conditions 9 and 12).

11.64.4  All external doors and windows of the venue will be kept closed except to allow for the entry and exit of patrons and staff. It is acknowledged that the opening and closing of doors for entry and exit of patrons and staff would lead to noise leakage. A condition of any permit issued would require the entry / exit doors to be managed by staff during evening and operating hours being 6pm-2am. It is appropriate to require an additional set of doors between the reception / foyer area and the main ground floor bar, dance floor, stage and seating areas to minimise noise leakage during patron arrivals and exits (Conditions 1(c), 8 and 11).

11.64.5  Music will only be played within indoor areas of the entertainment venue. The application only proposed uses internal to the venue (Condition 17).

11.65   The acoustic report addresses the objectives of Clause 53.06 including relevant EPA requirements. Recommended conditions of permit provide a mechanism to avoid unreasonable off-site noise impacts, testing prior to occupation, a trial period of three months and on-going management and review to demonstrate compliance. Where operational issues are found to exist, conditions of permit would provide a process for managing complaints and brining the use into compliance with relevant regulations.

11.66   The venue would align with Council’s Live Music Action Plan 2021-24. This plan recognises the role that live music plays in the community (including amenity impacts), local business and economy. The plan recognises the city as one, “where live music flourishes, with a robust and passionate live music ecosystem and a solid foundation for a sustainable future where live music is able to continually grow”.

Sex On Premises

11.67   As discussed above, the proposed use of the land includes a Sex on Premises Venue (SOPV).

11.68   The applicant describes the vision for the proposal is to, “establish Melbourne's premier adult lifestyle venue, with a purpose-built venue providing a safe and welcoming space for people to enjoy social sexual experiences, based on consent, safety and ongoing education.”

11.69   The application states that, “Adult lifestyle venues are still a fairly small niche sector within the broader Melbourne entertainment market. However, there are some established venues. Market research for this venue indicates there is a clear demand for a well-designed, well-managed venue close to the city.”

11.70   The Department of Health’s Statement of principles and procedures for Sex on Premises Venues provides guidance to operators to ensure they are providing a safe environment.

11.71   The guidance focuses on staff education, vaccination, safer sex, environmental safety and regulatory compliance. Regulatory compliance for this component of the proposed use falls within the remit of WorkSafe Victoria in the same manner that the Victorian Liquor Commission is responsible for providing approval for liquor licences and responding to contraventions.

11.72   Objections based on social impacts have been raised including whether the use is appropriate near a school or place of worship. Objections have stated its proximity it may have physiological and negative impacts on students, congregations, and the wider community due to potential exposure to patrons. Given the proposed use is limited to operation inside a building more than 300m from the school, the divergence in peak operating times, limited patron numbers during the school hours, it is considered there would be limited crossover that would give rise to any interactions. Offsite amenity impacts have been discussed elsewhere within this assessment and sought to be managed within the scope of the planning requirements (Condition 18) for a Venue and Patron Management Plan to include:

11.72.1  Detailed information regarding the admission and departure procedures includes complaint management to ensure there is an opportunity for the venue to address concerns as the first point of contact, general security and safety procedures which are required for any venue that is providing this use, house rules to set a clear standard of behaviour.

11.72.2  The Venue and Patron Management Plan would focus on the planning permission required and provide an appropriate level of control in this context. Correspondence submitted by the applicant and detailed on the proposed venue’s website is clear in setting out an onus on patrons to consent to appropriate behaviour in and around the venue.

11.72.3  While concerns of objectors are acknowledged, the impacts of the proposal on the surrounding area are not found to be unacceptable and the location of the venue is supported by planning policy. It is acknowledged that S60(1)(f) of the Planning and Environment Act must consider any significant social effect however many matters raised in objections sit outside the scope of the planning framework.

Does the proposed use result in unreasonable traffic and car parking outcomes for the area?

11.73   The proposed use would not result in unreasonable traffic or car parking amenity impacts for local streets, including residential areas.

11.74   The proposed use is not clearly defined by Table 1 in Clause 52.06-5 and pursuant to Clause 52.06-6 Number of car parking spaces required for other uses and must be provided to the satisfaction of the Responsible Authority. As guided by the rationale set out in the Tribunal’s decision in Miller v Yarra [2019] VCAT 493, a planning permit is not triggered pursuant to Clause 52.06. Car parking must be determined to the satisfaction of Council.

11.75   Concerns have been raised that a high number of patrons would access the venue by cars and occupy parking in the surrounding residential streets.

11.76   During the daytime, low patron numbers would not give rise to any discernible impacts to parking availability, including on market days.

11.77   The remainder of the assessment will focus on impacts when higher patron numbers are proposed, being 6 pm to 2 am the following morning, noting that this is a period when most car parking restrictions in the area do not apply or relied upon by businesses operating within the area.

11.78   The application includes empirical data from the Corner Hotel in Richmond, noting similar attributes to the proposed use being a licenced venue providing live music entertainment and is easily accessible to public transport. The data suggests the preferred transport modes for the Corner Hotel in Richmond are detailed below in descending order:

11.79  

Transport Mode

Arrivals

Departures

Public Transport

56%

38%

Taxi / Ride Share

12%

38%

Walking

14%

9%

Other

9%

7%

Car

9%

8%

11.80   The key point for consideration is the demand generated by those patrons that choose to drive, being less than 10% of patrons with public transport and taxi / ride share being the favoured modes.

11.81   The traffic report goes on to provide that a conservative estimate of 20% of patrons would arrive by private car, assuming a car occupancy of 2 patrons and that 50% of staff will drive. Applying these assumptions to the proposed venue would yield a peak on-street parking demand for 23 spaces.

11.82   Council’s Traffic Department has raised concerns with this data noting the Corner Hotel is located closer to a wider range of public transport choices, in an established commercial strip where multi-purpose trips are more common including trips to sporting hubs. It is also considered the number of patrons per private car to the proposed venue would likely be much lower than 2 per vehicle.

11.83   Setting the above data aside, components of the use align with that of a bar and a place of assembly definitions, therefore it is helpful to consider car parking rates for these uses in Table 1 of Clause 52.06. These are set out below:

Comparable Use

Rate

Measure

Comparable car parking requirement

Bar

3.5 spaces to 100sqm of leasable floor area

377.8sqm of leasable

13 spaces

Place of assembly

0.3 spaces to each patron permitted

200 patrons

60 spaces

Average

36 spaces

11.84   Council’s traffic department have suggested that minimising patrons to a maximum of 150 would provide an acceptable outcome being a peak demand for 45 car parking spaces, based on the more conservative rate of 0.3 space to each patron permitted.

11.85   While determining the likely rate of car parking demand for the premises is helpful, the more critical concern raised by residents is how this will impact parking availability in surrounding streets, particularly residential streets.

11.86   In relation to the traffic report provided in support of the application the following is noted:

11.86.1  The advertised traffic report / letter prepared by Ratio, dated 1 November 2023, provided details of on-street parking surveys generally within a 200m radius of the site, between 6:00 pm and 12:00 am midnight on Friday 16 June 2023 and Saturday 17 June 2023. These times align with peak operating times of the proposed venue. The surveys found:

·            On Friday night the peak occupancy time was 9 pm when a minimum of 198 out of an available 468 spaces were available, providing a vacancy rate of 42%.

·            On Saturday night the peak occupancy time was also 9 pm when a minimum of 204 of 473 spaces were available, providing a vacancy rate of 43%.

11.86.2  Council’s Traffic Department raised concerns about the above rates including residential streets, noting that on-street parking is a public asset and may be utilised by any member of the public in compliance with the parking restrictions.

11.86.3  In response to these concerns and objections raised, an addendum traffic report / letter prepared by Ratio, dated 7 March 2024 was provided. The survey omitted available parking fronting residential streets and found:

·        On Friday night the peak occupancy time was 9 pm when a minimum of 186 out of an available 393 spaces were available, providing a vacancy rate of 47%.

·        On Saturday night the peak occupancy time was also 9 pm when a minimum of 150 of 380 spaces were available, providing a vacancy rate of 39%.

11.86.4  Despite parking restrictions generally ceasing at 6 pm, the parking survey results presented do not indicate an influx, either on Friday or Saturday survey dates.

11.87   In summary, the survey results indicate that the on-street parking demand in the precinct, outside of residentially zoned land, remains moderate on Friday and Saturday evenings with ample capacity to accommodate an increase in car parking demand.

11.88   The provision of zero car parking would complement the vision of the Parking Overlay (PO1) which applies to the opposite side of City Road and reflects the popularity and availability of sustainable transport alternatives and lower reliance on car parking.

11.89   Based on this assessment, it is unlikely that parking demand from the proposed venue will overflow into neighbouring residential streets. Therefore, reducing the venue's patron capacity, as recommended by the Council’s Traffic Department, is unnecessary.

11.90   In consideration of other methods of transport to the site, Council’s Traffic Department has noted that all on-street parking restrictions for parking bays and loading zones stop after 6 pm– refer to figure 5 for details. This means that the turnover of car parking immediately out the front of the premises could be low and result in taxi / car ride services temporary propping / double parking on the road to drop-off / collect patrons.

11.91   A condition of permit requires the introduction of short-term parking restrictions for P-10mins or P-15 mins for the two existing on-street car parking spaces outside the venue which would facilitate safe drop-off and pick-up of patrons (Condition 1(e) and 23) Based on the likely frequency and spread of drop-offs between 6 pm and 11 pm (when no more patrons will be admitted) it is likely the incidents of conflict or vehicular queuing will be minimal. At departure time it is acknowledged that more taxi / ride share vehicles will be requested by patrons leaving the venue, but it is likely there would be higher on-street availability for parking at closing time and would offset the

increase in the number of taxi/ride share vehicles.

Figure 5: Car parking restrictions - Green – on-street parking, Red – on street restrictions and Yellow – No Standing Zone.

Does the proposal provide adequate waste management measures?

11.92   The application material includes limited information on waste management but suggests that loading / unloading activities could occur from the 1P car parking spaces to the front of the venue or the designated loading zone on City Road.

11.93   Council’s Traffic Department have recommended a private waste collection service using a 6.4m rear mini loader via the laneway, afterhours to not obstruct other users, or via the re-designated on-street parking spaces discussed above.

11.94   A condition of permit recommends a waste management plan be provided prior to the commencement of the use. The plan would require all waste management requirements from waste generation, bin size, quantity, recycling streams and on-site storage be considered (Condition 24). The plan would also need to demonstrate, to the satisfaction of Council that amenity impacts through the noise of bottle collection and transfer are provided in line with Council’s Local Law and noise requirements required by the acoustic report.

11.95   The application material refers to the storage of waste in an area to the rear of the property. The title identifies this area being outside the property boundary and therefore cannot be considered as a suitable option. Waste storage internal to the premises is required to be identified on the architectural plans and located for ease of access to nominated private waste collection point as to minimise noise impacts (Condition 1(d)).

11.96   Broader concerns have been raised about littering and while the use of the land will not directly lead to an increase in rubbish in the local area. Waste receptacles can be provided around the venue premises and would be conditioned as a result of a permit being issued.  While the planning regulatory system is not directly responsible for the control of litter it is nonetheless observed that this venue has sought to address this issue through the provision of rubbish bins within the building. The behaviour and actions of patrons and members of the public who choose litter offsite cannot always be controlled, however it is anticipated that the above regulations and initiatives will aid in reducing litter on private and public land surrounding the venue.

Other matters

Heritage Grading

11.97   The site is not subject to any Heritage controls but is noted as the characteristics of the building are recognised. There are no proposed external works which would impact the building fabric. Noise mitigation measures would be implemented internally to the building. Signage is not proposed and would be subject to a future approval process.

Social Concerns

11.98   Unease has been raised that the use would introduce or worsen problems of anti-social behaviour in the area and safety concerns. These matters are influenced by a range of complex environmental, social, and economic factors. No one organisation / authority can solve complex safety issues in isolation. The City of Port Phillip works collaboratively and continually with the police, community service organisations and residents to improve safety of our community.

Moral Concerns

11.99   The competing interests of the proposed use and concerns of a moral nature raise a challenging set of circumstances where either the grant or refusal of a permit has the potential to cause offense to one section of the community or another.

11.100 The application must be determined according to the relevant provisions, policies, and decision guidelines in the Port Phillip Planning Scheme and the Act. This includes a recognition that the proposed use can be considered in an Industrial 1 Zone.

11.101 Moral objections to a use have been constantly rejected by the Tribunal as irrelevant arguments in the exercise of discretion.

Concentration of uses providing sex services or similar in the area

11.102 Since December 2023 the State Government has introduced a range of reforms relating to the Sex Work Decriminalisation Act and Sex Services Premises (previously referred to as a brothel). A Sex Services Premises is now considered under the broader land use term of a Shop which means the requirement for planning permits for such uses has shifted.

11.103 The Victorian Planning Provisions (VPP’s) are mandated by the State Government and there is limited capacity for Council to control what type of business is established when this is an as-of-right use (a shop is an as-of-right use in the Capital City Zone which covers the area north of City Road).

11.104 If Council receives an allegation of an illegal brothel or similar, Council is required to provide all complaint details to Victoria Police for investigation. In 2011 the Victorian State Government assigned the Victorian Police as the lead investigative authority to handle all complaints relating to alleged illegal brothel activity.

 

 

Lack of information to undertake a comprehensive assessment

11.105 Sufficient information to enable an informed view of the application has been made available for viewing online and at Council offices as part of the notification process, which has been carried out in accordance with Section 57 of the Act.

12.     COVENANTS

12.1  The applicant has completed a restrictive covenant declaration form declaring that there is no restrictive covenant on the titles for the subject site known as Lot 1 on Title Plan 24702D, Volume 07864 Folio 098.

13.     OFFICER DIRECT OR INDIRECT INTEREST

13.1  No officers involved in the preparation of this report have any direct or indirect interest in the matter.

14.     OPTIONS

14.1  Approve as recommended.

14.2  Approve with changed or additional conditions.

14.3  Refuse - on key issues

15.     CONCLUSION

15.1  The planning policy framework supports a range of uses, including live music and entertainment venues, to complement the creative community in South Melbourne.

15.2  The proposal does not prejudice the purpose of the Industrial 1 Zone or the orderly development of the area, including adverse amenity impacts on existing and emerging sensitive land uses. The uses would be limited to within an existing venue and easily accessible from nearby public transport. Recommended conditions of permit include Venue and Patrons Management Plans, Waste Management Plans and a suite of Noise and Amenity Management Plan.

15.3  Active management of the venue will facilitate coexistence of uses in abutting zones, with the proposal demonstrating it can limit off-site effects to an acceptable level.

ATTACHMENTS

1Aerial overview of site and surrounds

2Architectural and red line plans

3Licensed premises within a 500 metres radius

 


Attachment 1:

Aerial overview of site and surrounds

 

 


Attachment 2:

Architectural and red line plans

 

 









Attachment 3:

Licensed premises within a 500 metres radius

 

 




                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

10.2

St Kilda Foreshore Upgrade - Completion of Statutory Road Closure Process

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Zoe Akgun, Senior Project Manager - Open Space

Glen Hickey, Manager, Portfolio Projects

Karen Miller, Manager Project Delivery

Vicki Tuchtan, Acting Manager Property and Assets

1.       PURPOSE

1.1    The purpose of this report is to conclude the formal process to close a section of the Pier Road between Jacka Boulevard and Royal Melbourne Yacht Squadron, St Kilda in accordance with Clause 9 of Schedule 11 of the Local Government Act 1989 (Vic), (known as the “road closure”)

2.       EXECUTIVE Summary

2.1    The extension of the St Kilda Pier landing through to Jacka Boulevard is part of the St Kilda Pier redevelopment project, which is funded through the Department of Transport and Planning (DTP) and Parks Victoria (PV). PV is the appointed Project Manager for the rebuild.

2.2    Council partnered with Parks Victoria on the landside connection (Stage 1) and has committed funding to an extension of this project through to Jacka Boulevard (Stage 2).

2.3    Works to improve the integration of the Pier, Pier Road entrance and Foreshore will provide safer access for vehicles, pedestrians, and bike riders to this busy area of the foreshore. It will ensure logical connections for visitors between the Pier and other parts of St Kilda, particularly Fitzroy Street and gaps in the Bay Trail.

2.4    The Council Plan 2021-31 included $3.71M for this project over three years to create an iconic setting for the new pier and a new green space and pedestrian plaza to replace a section of the St Kilda Sea Baths car park (where the existing car park entry is located).

2.5    The extension of the Pier landing requires a change of the status of a section of the Pier Road, closing the road to vehicular access.

2.6    The formal process to restrict the passage of vehicles on the section of Pier Road commenced on 19 April 2023. It involved consultation with service authorities, the Department of Transport & Planning (DTP) and a statutory community notification process that invited community members to make a submission to the proposed road closure. One submission was received between 1 May 2023 and 28 May 2023. Council formally received and considered submissions at its meeting on 19 July 2023.

2.7    Public consultation was undertaken on the concept design in February 2024 on-site and via Council’s Have Your Say page. Following the consultation, the concept design has been updated (where possible) based on the community feedback.

2.8    The DTP, on 13 May 2024, advised the City of Port Phillip that it supports the updated concept design in principle and provided further comments for considerations during the detailed design stage.

2.9    Council has provided a brief report to DTP’s Movement & Safety team on 24 May 2024 as requested by DTP on 13 May 2024 and in accordance with the requirements under the Road Management Act 2004 (Vic)

2.10  During the concept development phase, it was requested from St Kilda Sea Baths to include an additional exit lane in the design. However, based on the outcome of the further analysis which has been undertaken by an independent traffic engineer, it has not been incorporated at this time within the proposed design, but an alternative design including two exist lanes will be developed during the detailed design phase in consultation with relevant external stakeholders and further analysis will be completed based on the preferred layout.

3.     RECOMMENDATION

That Council:

3.1     Notes that on 19 April 2023, Council resolved to commence the process to restrict the passage of vehicles on the section of Pier Road between Jacka Boulevard and Royal Melbourne Yacht Squadron, St Kilda (the Proposal).

3.2     Notes that on 19 July 2023, Council received and considered the written submission to the Proposal.

3.3     Resolves to pursue the Proposal and formally complete the process of the permanent road closure.

3.4     Directs that the Chief Executive Officer or delegate to notify, in writing, every person who has lodged a separate submission of the decision and reason/s for the decision.

4.       KEY POINTS/ISSUES

4.1    On 19 April 2023, Council resolved to commence the statutory process to restrict the passage of vehicles on the section of Pier Road between Jacka Boulevard and Royal Melbourne Yacht Squadron, St Kilda.

Figure 01. – Subject Site

Figure 02. – Artist’s Impression - Landside works funded through Parks Victoria project

4.2    Section 223 of the Local Government Act 1989 (Vic) requires Council to undertake a formal public consultation process which is specific to the proposal to road closure.

4.3    Council carried out community consultation throughout May to June 2023, providing an opportunity for community members to make submissions. The submissions deadline was 5pm on 12 June 2023.

4.4    One written submission was received.

4.5    The feedback included comments on accessibility of the St Kilda Sea Baths car park by staff, customers with mobility issues and contractor during the major events.

4.6    Current and future access arrangements have been carefully assessed during the concept refinement phase. Any likely future impacts associated with the Pier Road closure and retention of ongoing access to the St Kilda Sea Baths complex has been evaluated based on the specific requirements and findings of the Traffic Impact Assessment.

Figure 03. – Artist’s Impression - Council funded Landside Upgrade

4.7    Service vehicle, emergency vehicle and loading delivery arrangements under post development conditions has been considered during the design phase.

4.8    Formal functional layout plan associated with the vehicle access arrangements from Jacka Boulevard and incorporating any new bus stop design along Jacka Boulevard will be prepared in consultation with DTP. A written advice along with the proposed layout plan will be submitted to DTP for approval via planning permit process.

5.       CONSULTATION AND STAKEHOLDERS

5.1    In addition to the statutory process undertaken for the road closure, extensive engagement with stakeholders has been undertaken on the Pier Project more broadly.

5.2    The community was engaged through an ‘involve’ approach for the project, which commenced in February 2024. Information on the concept design, including renders and photos, was provided on Council’s online Have Your Say page, project webpage and social media platforms.

5.3    Specific engagement has been undertaken throughout the project with the foreshore traders and operator of the St Kilda Sea Baths.

5.4    Officers have met with the below key stakeholders who support the current design:

·        Royal Melbourne Yacht Squadron

·        St Kilda Sea Baths & Tenants

·        Department of Transport and Planning

·        Boonwurrung Land and Sea Council (Aboriginal Corporation)

·        Parks Victoria

·        Fire Rescue Victoria (FRV)

·        Heritage Victoria

5.5    The key previous consultation steps include:

5.5.1    Statutory requirements have been met by advertising intent of permanent closure in the Public Notice Section of The Age on 15 May 2023.

5.5.2    Have Your Say online engagement page with feedback form was published on 15 May 2023.

5.5.3    Letters were distributed to all the external stakeholders and owners/occupiers in the area including:

o   Royal Melbourne Yacht Squadron

o   St Kilda Sea Baths & Tenants

o   Victoria Police

o   West St Kilda Residents Association

o   Department of Transport and Planning

o   Victorian Aboriginal Heritage Council

o   Department of Energy, Environment and Climate Change

o   Parks Victoria

o   West Beach Pavilion

o   Fire Rescue Victoria (FRV)

o   ESTA

o   Ambulance Victoria

5.6    The following statutory authorities have been advised of the proposed road closure and asked to respond to the question of whether they have any existing assets in the roads, which should be saved under section 207C of the Act.

5.6.1    Relevant areas of Council;

5.6.2    South East Water;

5.6.3    Melbourne Water;

5.6.4    CitiPower;

5.6.5    Multinet;

5.6.6    AusNet Electricity Services.

5.6.7    Australian Gas Networks;

5.6.8    United Energy;

5.6.9    NBN;

5.6.10  Telstra;

5.6.11  TPG Telecom; and

5.6.12  Optus.

5.7    To date Council has not received responses from the statutory authorities. Any easements required will be marked on title and considered appropriately.

5.8    Overall, the project received support from the community through the community consultation process.

5.9    The concept design for St Kilda Pier Foreshore Upgrade project has been endorsed by Councillors in May 2024.

5.10  The Community Engagement Report has been fully endorsed by Council on 1 May 2024 and uploaded to Council’s Have Your Say page.

6.       LEGAL AND RISK IMPLICATIONS

6.1    Council has the power to place and maintain any obstructions or barriers on a road permanently to restrict the passage or access of vehicles under Clause 9 of Schedule 11 of the Local Government Act 1989 (Vic).

6.2    Council must not exercise this power unless it has received a report from DTP, concerning the exercise of this power.

6.3    A key risk to the successful delivery of this project in partnership with PV is the requirement for the road closure process to be concluded by November 2024.

6.4    By complying with legislation, policy and creating reasonable provision for service authorities, there is no legal risk associated with changing the function of these road.

6.5    Council will need to obtain formal acceptance by the Sea Baths for the proposed changes to their current lease with Council.

6.6    A planning permit is required before prior to construction commencement. The planning process will commence in August 2024 and in addition to the proposed design, it will consider the outcomes of the road closure process and other changes to road functions.

6.7    St Kilda Pier Foreshore Upgrade project is reliant upon the closure of Pier Road, as it is a key project component. This process is a joint process between Council and the DTP. Council’s decision to close the road, and change its function, as per this report, will inform the final administrative process with DTP to enact the closure. Should this process not approved, this will impact the PV’s construction timeline.

6.8    Disability Discrimination Act 1992 (Cth) (DDA) and safety audits will be undertaken during the detailed design phase and recommended updates will be addressed as part of the project.

6.9    A Road Safety Audit for the proposed entry to St Kilda Sea Baths car park entry has been carried out and identified issues have been considered during the development of the concept design and in line with DTP feedback.

6.10  A Pedestrian Safety Audit and Treatment Plan covering the intersecting spaces across the entire site (Stages 1 and 2) is underway for the updated concept and detailed design.

6.11  A Movement and Place Assessment for the proposed public realm works has been undertaken and recommendations have been considered during the concept development phase.

7.       FINANCIAL IMPACT

7.1    Council allocated $3.71M for the St Kilda Pier Foreshore Upgrade in 2021/22.

7.2    The full project cost is $3.7M over three years and it includes delivery of all the works including greening, tree establishment maintenance period, landscape works as well as project contingency and project management fees.

7.3    The proposed road closure has no detrimental financial implications.

8.       ENVIRONMENTAL IMPACT

8.1    The new entrance will provide increased canopy cover and decrease the urban heat island effect through new garden beds and canopy tree planting.

8.2    The construction of the project will deliver improved environmental outcomes in the local area. The project involves the removal of hard asphalt pavements and the replacement, in part, with garden beds, grassed areas and trees.

8.3    This report does not have any additional impacts on the environmental outcomes of the project.

9.       COMMUNITY IMPACT

9.1    This project received overall community support through the previous consultation process during the concept development phase of the St Kilda Pier Redevelopment and Foreshore Integration project.

9.2    Once the project complete, it will increase the provision of public space in the foreshore area.

9.3    Well-design public spaces have economic benefits and help facilitate the economic recovery from the COVID-19 pandemic.

9.4    Public space contributes to the livability of our City and defines our unique sense of identity and place. It is open and accessible to people. It is where we meet our friends, exercise, play sport and relax and is essential to our physical and mental well-being.

9.5    The project will provide additional open space and align with Council’s vision to create a well-connected network of public spaces for all people that nurture and support the health, wellbeing, social connection, creative expressions, economy, and environment of our community.

9.6    Furthermore, the new Pier entrance will offer improved access and circulation throughout the foreshore area by providing upgraded paths and safer opportunities to access the area by more users.

9.7    The project aligns with Council adopted Foreshore Management Plan and Open Space Strategy as well as Council’s HVM, DDA and Marine and Coastal Act 2018 (Vic) (MACA) legislative obligations.

9.8    The upgraded foreshore area and new pier will provide improved amenities such as seating, recreational facilities, and access to water, which will enhance public enjoyment and promote physical activity and social interactions.

9.9    An accessible foreshore area will promote social inclusion by providing opportunities for people of all ages and abilities to enjoy outdoor activities.

9.10  The local community and nearby businesses will be impacted by the area being closed during the construction period, but lesser extent than the area covered by the current Pier construction compound. Construction will take place outside of summer months to reduce the overall impact.

10.     ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1  The permanent closure of Pier Road to vehicular traffic creates an iconic visitor entrance aligning with the key moves of council’s Places for People: Public Space Strategy 2022-2032 to repurpose road space to create more usable public spaces, ensuring our community is within a short, easy, and safe walking distance to public space.

10.2  Council Plan – Liveable Port Phillip

10.2.1  Strategic Objective – Port Phillip 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.

10.2.2  What we will work towards (our four-year strategies) – Port Phillip is safer with liveable streets and public spaces for people of all ages and abilities to enjoy.

10.2.3  We will provide – Access to upgraded, expanded and well-maintained public and outdoor spaces for people of all ages and abilities to visit, in line with our 10-year Public Space Strategy (once adopted by Council), prioritised within available budgets each year.

10.2.4  We will facilitate and advocate for – The best possible public space outcomes that support community health and wellbeing, through infrastructure projects undertaken in our City by other levels of government and stakeholders.

10.3  Council Plan – Sustainable Port Phillip

10.3.1  Strategic Objective – Port Phillip has a sustainable future, where our environmentally aware and active community benefits from living in a bayside city that is greener, cooler, cleaner and climate resilient. The importance of action in this area is emphasised by Council declaring a Climate Emergency in 2019.

10.3.2  What we will work towards (our four-year strategies) – Port Phillip has cleaner streets, parks, foreshore areas and waterways where biodiversity flourishes.

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

10.3.4  We will provide – Increased permeability of ground surfaces across public streets and in our public spaces as well as examining ways to support greater permeability on private property.

11.     IMPLEMENTATION STRATEGY

11.1  TIMELINE

11.1.1    Subject to Council’s decision to progress with officer’s recommendation, key project timelines include:

·   June 2024 – Council completes the road closure process under the Local Government Act.

·   End of July 2024 – detailed design complete. 

·   Mid-October 2024 – commence procurement for construction contractor. 

·   End of February 2025 – construction contractor awarded (subject to permit approvals). 

·   May 2025 – construction to begin work onsite (subject to contractor availability). 

·   Late 2025 – construction complete

11.1.2  It is anticipated that construction of the extension of Pier landing will be completed later this year and Stage 2 works will commence in May 2025, subject to PV’s completion date for the St Kilda Pier and Stage 1 works.

11.2  COMMUNICATION

11.2.1  A project webpage has been created to keep our community updated on project progress, from resolution of road closure until construction is completed. The webpage will include information about how to sign up for updates on the project’s progress.

11.2.2  The Have your say page for the project will continue to be updated with the latest project information and signage on site will inform of the upcoming works when required.  

12.     OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

Nil

 


                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

10.3

49 PAKINGTON STREET, ST KILDA - PDPL/00142/2024

location/address:

49 PAKINGTON STREET, ST KILDA VIC 3182

Executive Member:

Brian Tee, General Manager, City Growth and Development

PREPARED BY:

Jacinta Chan, Urban Planner

1.       PURPOSE

1.1    To determine a planning application involving the demolition of a contributory graded heritage dwelling and fencing at 49 Pakington Street, St Kilda.

2.       EXECUTIVE SUMMARY

Ward:

Canal Ward

Trigger for determination
BY Committee:

Pursuant to the Instrument of Delegation to Members of Council Staff 2023 an application that involves ‘substantive non-compliance with the Scheme or Council policy’ are to be reported to the Planning Committee or Council. This application involves substantive non-compliance with Council’s Heritage Policy at Clause 15.03 of the Scheme in relation to the demolition of a contributory graded dwelling.

ApplicATION NO:

PDPL/00142/2024

Applicant:

Ratio Consultants Pty Ltd on behalf of Port Phillip City Council

Existing use:

Single residential dwelling

Abutting uses:

The western boundary abuts a public park, with the surrounding area predominantly residential. 

Zoning:

Neighbourhood Residential Zone Schedule 1 (NRZ)

Overlays:

Heritage Overlay (HO)

Special Building Overlay Schedule 1 (SBO)

Statutory time remaining for
decision as at day of council

60 day statutory timeframe expired on 25 May 2024.

2.1    The application seeks planning permission for demolition of a contributory dwelling and associated fences at 49 Pakington Street, St Kilda (site).

2.2    The demolition will enable the expansion and upgrade to Pakington Street Reserve. However, development of the park does not form part of this application. The scope of Council’s consideration relates only to the proposed demolition of the existing dwelling.

2.3    On 8 December 2021, Council resolved to adopt the Places for People: Public Space Strategy 2022-32 (City of Port Phillip, 2021) (Strategy). The Strategy guides the planning of existing and future public open space within the municipality. Expansion and upgrade of Pakington Street Reserve is Priority Action 17 of the Strategy. This resolution has since guided the planning of the Pakington Street Reserve and adjoining land, including the following activities:

2.3.1.   Gazettal of Amendment C80 on 10 May 2023. This amended the Schedule to Clause 54.01 (Public Acquisition Overlay) to apply PAO6 to the land at 43 Pakington Street, St Kilda, to reserve the land for acquisition by the City of Port Phillip for the purpose of ‘Open Space’.

2.3.2.   Lodgement and approval of Planning Application No. PDPL/00053/2023 in July 2023 to allow for the ‘Demolition of a dwelling, fencing and outbuildings in the Heritage Overlay (Schedule 7)’ at 43 Pakington Street, St Kilda.

2.3.3.   Public consultation and engagement process from 25 October to 17 November 2023 for the draft concept plan for the ‘Pakington Street Reserve Expansion’ project.  This did not include the land at 49 Pakington Street as part of the project.

2.3.4.   Acquisition of the land at 49 Pakington Street, St Kilda, on 21 March 2024.

2.4    Council consulted with the community during the development of the Strategy. This provided opportunity for the public to input the future planning of public open spaces in the City of Port Phillip. Community feedback supported the expansion of public open space, particularly in Balaclava/St Kilda East, which has the lowest amount of open space across the municipality. 

2.5    Following the proposed demolition works, Council will develop the future park. The project is expected to be completed in 2030-2032.

2.6    The land is zoned NRZ. It is also affected by the HO. Importantly, the dwelling is not of individual heritage significance.  The dwelling is graded ‘contributory’ meaning it contributes to the overall heritage significance of the wider precinct. The front portion is affected by the SBO. This identifies the land in urban areas liable to inundation by overland floods from the urban drainage system.  The SBO has no bearing on this application.

2.7    Located within the HO, the proposal is subject to the local heritage policy at Clause 15.03-1L of the Port Phillip Planning Scheme (Scheme). The strategies applicable to ‘Demolition and relocation’ discourages the complete demolition of a significant or contributory building and encourage conservation unless the building is structurally unsound.

2.8    The key issue with the application is therefore the proposal to demolish the existing heritage dwelling based on the desire to expand a reserve, not because it is structurally unsound.

2.9    The proposal is contrary to heritage-related policies in the Scheme and inconsistent with the purpose of the Heritage Overlay. However, policy at Clause 71.02-3 (Integrated decision making) directs the need for decision-makers to balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations.

2.10  An application of the principles of integrated decision is relevant to this application. To grant a permit for demolition will allow Council to develop the site to facilitate the delivery of Priority Action 17 – to expand and upgrade Pakington Street Reserve. This will increase the supply of high-quality public open space within the municipality to support current and future needs for active and passive recreation.

2.11  The extended park area will also perform a critical role in responding to the impacts of climate change through increasing vegetation cover to reduce urban heat island effect. Through appropriate land management practices, this can reduce emissions and improve carbon storage, as well to support the enhancement of local flora and fauna species. 

2.12  The social and environment benefits provided by the demolition of a single contributory graded dwelling outweighs the negative impact to the significance of the heritage place, caused by the proposed demolition.

3.       RECOMMENDATION

That Council:

3.1    Issue a Planning Permit for land at 49 Pakington Street, St Kilda with the following permissions:

·        Clause 43.01-1 – Demolish or removal a building.  

3.2    Issue the decision subject to the following conditions:

No alterations

1.         The extent of demolition and works shown on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority.

Satisfactory continuation and completion

2.         Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

Heritage Interpretation Strategy

3.         Before the demolition starts, a Heritage Interpretation Strategy (HIS) must be submitted to and approved to the satisfaction of the Responsible Authority. When approved, the HIS will form part of this permit. The HIS must be prepared by a suitably qualified heritage expert to identify how the history (Indigenous and post-contact) and significance of the heritage place will be incorporated into the planning and design of the Pakington Street Reserve.

Time for starting and completing the development

4.         This permit will expire if one of the following circumstances applies:

a)      The development is not started within two years of the date of this permit.

b)      The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing:

•        before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started; and

•        within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

4.       RELEVANT BACKGROUND

4.1    There is no relevant history or background for this site.

5.       PROPOSAL

5.1    Demolition of the existing contributory heritage building and associated fences at 49 Pakington Street, St Kilda.

5.2    Removal of vegetation from the site, including a Yucca and Grevillea, but excluding the Chinese Windmill Palm. A planning permit is not required to remove vegetation. 

5.3    A copy of the proposed demolition plan is contained within Attachment 1.

6.       SUBJECT SITE AND SURROUNDS

 

Description of Site and Surrounds

Site Area

The site is located on the south side of Pakington Street, St Kilda. It is regular in shape with a frontage of 9.6 metres and depth of 26.3 metres with a total site area of 252 square metres.

Existing Site Conditions

The site is occupied by a single storey weatherboard dwelling comprising of multiple hip roofs and a bullnose verandah. The rear of the existing dwelling was extended in more recent years with a flat roof profile

 

The front and eastern property boundaries are developed with timber picket fences. A single crossover is located to the western corner of the site which leads to a brick driveway. There is a 3.04 metres wide carriageway easement that runs along the entirety of the western property boundary.

 

There is a Chinese Windmill Palm (Trachycarpus fortunei) located within the front garden. Other smaller vegetation and plants occupy the side boundaries of the site, including a Grevillea sp. and Yucca, which are proposed to be removed.

Surrounds

Pakington Street has a diverse neighbourhood character comprising of significant and contributory graded buildings of single storey construction, as well as newer medium density development. There are also commercial buildings and uses, with part of the street zoned Mixed Use.

Aerial view of a neighborhood

Description automatically generated

Figure 1. Aerial view of the site and surrounds
(Source: Adapted from Nearmap, captured on 17 March 2024)

A house with a fence and trees

Description automatically generated

Figure 2. Subject site – as viewed from the frontage of Pakington Street
(Source: taken by officer, April 2024)

 

Figure 3. Subject site – viewed northeast
(Source: taken by officer, April 2024)

 

A road with trees and bushes

Description automatically generated

Figure 4. Pakington Street Reserve and property to be demolished at 43 Pakington Street, St Kida
(Source: taken by officer, April 2024)

A blue car parked in front of a house

Description automatically generated

Figure 5. Significant heritage places located opposite the site,
identified as 52, 54, 56, 58 and 60 Pakington Street, St Kilda
(Source: taken by officer, April 2024)

7.       Permit Triggers

The following zone and overlay controls apply to the site, with planning permission required as described.

Zone or Overlay

Permit Trigger

Clause 32.09

NRZ

A planning permit is not required under Clause 32.09-5 of the Scheme as the proposal does not involve the construction or extension of a dwelling.

Clause 43.01

HO

A planning permit is required under Clause 43.01-1 of the Scheme to demolish or remove a building.

Clause 44.05

SBO

A planning permit is not required under Clause 44.05-2 of the Scheme as the proposal is not to construct a building or to construct or carry out works.

General Provisions

Exemption

Clause 62.02

Buildings and Works

The general exemptions at Clause 62.02-3 (Vegetation removal) states that any requirement in the Scheme relating to the construction or carrying out of works does not apply to the removal, destruction or lopping of trees and the removal of vegetation, unless a permit is specifically required to remove, destroy or lop trees or to remove vegetation. 

Clause 62.05

Demolition

Clause 62.05 states that a permit is not required for the demolition or removal of a building or works unless a permit is specifically required for demolition or removal of a building.

8.       PLANNING SCHEME PROVISIONS

The following provisions of the Municipal Planning Strategy and Planning Policy Framework are relevant to this application:

8.1    Municipal Planning Strategy

Clause 02          Municipal Planning Strategy 

                          02.1 Context

                          02.02 Vision

                          02.03 Strategic Directions

                          02.04 Strategic Framework Plans

8.2    Planning Policy Framework

Clause 15.01    Built Environment

                          15.01-4S Healthy neighbourhoods

                          15.01-4R Heathy neighbourhoods – Metropolitan Melbourne

Clause 15.03     Heritage

15.03-1S Heritage conservation

15.03-1L Heritage policy

Clause 19.02     Community Infrastructure

19.02-6S Open Space

19.02-6R Open Space – Metropolitan Melbourne

19.02-6L Public open space and foreshore

8.3    Particular Provisions

Clause 52.31     Local Government Projects

                          52.31-2 Exemption from notice and review

8.4    General Provisions

Clause 65          Decision Guidelines

                          65.01 Approval of an Application or Plan

Clause 67          Land Owned or Permit Required by Responsible Authorities

                          67.02 Notice Requirements and Exemption

8.5    Operational Provisions

Clause 71          Operation of this Planning Scheme

                          71.01 Operation of the Municipal Planning Strategy

                          71.02 Operation of the Planning Policy Framework

                          71.03 Operation of Zones

                          71.04 Operation of Overlays

                          71.05 Operation of Particular Provisions

8.6    Incorporated Documents

•      City of Port Phillip Heritage Policy Map (December 2021)

•      Port Phillip Heritage Review – Volumes 1-6 (December 2021)

8.7    Background Documents

•      Heritage Design Guidelines (City of Port Phillip, 2022)

•      Places for People: Public Space Strategy (City of Port Phillip, 2021)

•      Plan Melbourne 2017-2050: Metropolitan Planning Strategy (Department of Environment, Land, Water and Planning, 2017)

•      Plan Melbourne 2017-2050: Addendum 2019 (Department of Environment, Land, Water and Planning, 2019)

8.8    Relevant Planning Scheme Amendment/s

There are no planning scheme amendments relevant to this application.

9.       REFERRALS

9.1    Internal referrals

The application was referred to the following areas of Council for comment. The comments are discussed in Section 9.

Internal Department

Referral comments (summarised)

Heritage Unit

a)          No objection, subject to condition

b)          The loss of the heritage building will negatively impact the integrity of the HO precinct that applies to ‘St Kilda, Elwood, Balaclava, Ripponlea’. However, the proposed demolition of the contributory dwelling is supported on this occasion as it will enable the expansion of the adjacent reserve, to result in a net community benefit. 

c)          To reduce the impact of this demolition, a Heritage Interpretation Strategy (HIS) should be prepared to identify how the history of the site and its surrounds can be incorporated into the design of the extended reserve. This was the same requirement in approving the demolition at 43 Pakington Street, St Kilda. Given there is already an existing HIS prepared for 43 Pakington Street, this should be reviewed and updated to incorporate the history of 49 Pakington Street, as opposed to the preparation of a separate strategy.

Arborist

d)         No objection

e)          The Chinese Windmill Palm located on the eastern corner of the site is suitable for retention and can also be easily transplanted to another location within the park. All other vegetation removal is supported.

9.2    External referrals

The application was not required to be externally referred.

10.     PUBLIC NOTIFICATION

10.1  Clause 52.31 (Local Government Projects) is applicable and provides exemptions for the development of land undertaken by or on behalf of a municipal council. The application meets the following exemption requirements in Clause 52.31-2 in that:

10.1.1  The permit application is an application to develop land by or on behalf of the Council.

10.1.2  The permit application does not have an estimated cost of development of more than $10 million. The estimated cost of development is $38,800.

10.2  Relevantly, ‘the demolition or removal of a building or works’ falls within the definition of ‘development’ as defined at section 3 of the Planning and Environment Act 1987 (Act).

10.3  The application is therefore exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

10.4  Despite the above should this planning application be approved, nearby residents will be informed by Project Delivery of the pending removal of the dwelling prior to demolition works occurring.

11.     OFFICER’S ASSESSMENT

11.1  The proposed demolition is considered to be an acceptable outcome to allow additional sections of Pakington Street to be delivered as public open space. This will reinforce Council’s commitment to deliver the outcomes identified in the Strategy, specifically Priority Action 17, to the Port Phillip community.

11.2  The proposal is a key step in delivering the objective of Clause 19.02-6L (Public open space and foreshore) by improving access to public open space. Of significance, one of the strategies is to ‘Strengthen the public open space network by creating new open spaces or expanding open spaces, particularly in the following neighbourhoods: Balaclava/ St Kilda East’.

11.3  It will assist in creating 20-minute neighbourhoods as encouraged by Clause 15.01-4R (Healthy neighbourhoods). This is achieved by providing Port Phillip residents with access to improved open space and recreation facilities, where people 'can meet their daily needs, including access to high-quality public open space, within a 20-minute walk from their home.

11.4  The proposal will also contribute towards the metropolitan strategy for managing Melbourne’s open space, Open Space for Everyone strategy (2021), which aims to improve access to open space and facilitate heathier biodiversity by reducing the fragmentation of habitat.

11.5  The above points demonstrate there is strong policy support for such an outcome at both state and local government levels.

11.6  There is also policy support for the conservation of heritage buildings in the Scheme. The objective of Clause 15.03-1S is the conservation of places of heritage significance through conservation, restoration and enhancement practices. The local heritage policy at Clause 15.03-1L then goes on to set out Council’s expectations for managing sites within the Heritage Overlay. The relevant policy objectives seek to:

11.6.1  Prioritise the conservation, restoration or adaption of a heritage place over demolition.

11.6.2  Discourage the complete demolition of any building or feature that contributes to the significance of a heritage place unless the building or feature is structurally unsound and the defects cannot be rectified.

11.6.3  Avoid the demolition of a Significant or Contributory building unless new evidence has become available to demonstrate that the building is not of heritage significance and does not contribute to the heritage place.

11.7  The proposed demolition is contrary to the heritage policies in the Scheme, but this does not preclude the granting of a planning permit for demolition of a heritage building. This proposal involves balancing conflicting policy objectives.

11.8  Clause 71.02-3 of the Scheme requires integrated decision making. The exercise of this principle requires the balancing of conflicting policy objectives in favour of net community benefit and sustainable development for the benefit of present and future generations. The social and environmental benefits that will flow from the proposed demolition is considered to surpass the loss of a single contributory graded heritage dwelling.

11.9  The dwelling itself is graded ‘contributory’ and sits within a large precinct based heritage overlay area. In isolation, its demolition, while not desirable, will not unreasonably impact the significance of the heritage place. The requirement for a HIS will serve to reduce the negative aspects associated with the demolition, to ensure key heritage values of 49 Pakington Street, St Kilda, are preserved.

11.10 Council’s Heritage Advisor has sought a HIS that expands upon an existing HIS prepared for 43 Pakington Street which is land that will also be incorporated into the Pakington Street Reserve and is subject to separate planning approval. It is not considered necessary for the granting of this permit that the HIS detail land that is not the subject of the application. It will be for the project designer to incorporate the requirements of each HIS into a future design for Pakington Street Reserve.

12.     COVENANTS

12.1  The register search statement produced on 25 March 2024 indicates there is no restrictive covenant for the site, formally known as Lot 1 on Title Plan 384022G, Parent Title Volume 08193 Folio 784.

13.     OFFICER DIRECT OR INDIRECT INTEREST

13.1  No officers involved in the preparation of this report have any direct or indirect interest in the matter.

14.     OPTIONS

14.1  Approve as recommended

14.2  Approve with changed or additional conditions

14.3  Refuse - on key issues

15.     CONCLUSION

15.1  On balance, the benefits of expanding Pakington Street Reserve will result in net community benefit and outweigh the negative impacts associated with the loss of a contributory heritage dwelling. It is recommended that Council grants a planning permit.

ATTACHMENTS

1Proposed Demolition Plan

2Zone Map

 


Attachment 1:

Proposed Demolition Plan

 

 


Attachment 2:

Zone Map

 

 


                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

10.4

Waste Review Management Action Plan

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Peter Liu, Chief Financial Officer

Simon Hill, Executive Manager Waste and City Maintenance

1.       PURPOSE

1.1    To present the Management Action Plan in response to the findings of the Independent Waste Review and provide an update on the commercial matters between Council and Citywide.

2.       EXECUTIVE Summary

2.1    Council’s new kerbside waste and recycling collection contractor, Citywide commenced services on 1 July 2023. In the immediate aftermath, Council saw a significant increase in reports of missed collections, rising to a peak of nearly 7,000 reports in the month of July compared with approximately 400 in the previous month.

2.2    In response to the situation, Council resolved to have the Audit & Risk Committee administer an independent review of the situation. The independent investigation was completed and publicly reported in March 2024.

2.3    The independent root cause report concluded that ‘Citywide were not ready’ for the commencement of services on 1 July. Notwithstanding that, there were recommendations arising from the reports about how Council can strengthen its process, policies, and practices to better manage high-risk and high-value procurements.

2.4    In response to the review recommendations, Council Officers have developed a comprehensive Management Action Plan, incorporating feedback from Councillors and the Audit & Risk Committee. The Management Action Plan was endorsed by the Audit & Risk Committee at its 21 May 2024 meeting. The Management Action Plan is appended to this report.

2.5    Prior to the Management Action Plan being finalised, Council’s CEO implemented changes to responsibilities, personnel, and resourcing. Council has also employed senior staff with expertise in waste services and project management to oversee these key areas. Additionally, dedicated contract management positions have been established in key service areas to ensure appropriate contract management and procurement planning. Council has also expanded its assurance and audit processes for major contracts and made changes to procurement and project management requirements.

2.6    Key actions of the Management Action Plan include establishing a Procurement and Contract Management Steering Committee whose work will include overseeing the implementation of the waste review audit recommendations and reviewing procurement governance, policies, training, controls, and resourcing.

2.7    The implementation of the Management Action Plan has commenced and will continue as a priority to ensure that Council embeds the learnings from the review to ensure that our community receives the standard of service they rightfully expect.

2.8    The report also outlines the key terms of a commercial settlement reached between The City of Port Phillip and Citywide Service Solutions. The settlement brings to a close the matter and ensures service continuity for our community.

2.9    Having reached a settlement, Council will be retendering the services for the provision of kerbside waste and collection ahead of a decision point in mid-2025.

3.       RECOMMENDATION

That Council:

3.1    Notes the Management Action Plan endorsed by Council’s Audit & Risk Committee at its meeting of 21 May 2024.

3.2    Notes the key terms of the settlement between The City of Port Phillip and Citywide Service Solutions P/L.

4.       KEY POINTS/ISSUES

Background

4.1    Council’s previous waste & recycling collection contractor Four Seasons Waste P/L (Four Seasons) had delivered services across the City for over 20 years. In 2022, Council undertook a public procurement process and appointed Citywide Service Solutions P/L (Citywide) in October 2022 to take over from Four Seasons and provide kerbside waste & recycling collection services.

4.2    Citywide commenced those services on 1 July 2023. Immediately following commencement of the new contract, Council saw a significant increase in reports of missed collections, rising to a peak of nearly 7,000 reports in the month of July compared with approximately 400 in the previous month, alongside a large volume of reports of issues with bin placement.

4.3    In response to the situation, Council commissioned an independent review into the procurement and transition to the new contractor. The review was carried out under the auspices of the Audit & Risk Committee (ARCO).

4.4    The review period commenced in November 2023 and was concluded, with final reports being issued and published, in March 2024.

4.5    Among the key findings, it was identified that Citywide was not adequately prepared to deliver the services at the required levels. Moreover, the reports offered valuable feedback on how Council might better manage transitions and planning phases when introducing new contractors, aiming to diminish the risk or severity of service delivery failures.

Management Action Plan

4.6    Officers have developed a comprehensive Management Action Plan in response to the recommendations arising from the review. The Management Action Plan has incorporated feedback from the ARCO and Councillors.

4.7    In finalising the Management Action Plan, Council officers have incorporated feedback from Councillors about their expectations to ensure that the actions result in a change in the risk management approach taken to major procurements and transitions.

4.8    In addition to the Management Action Plan, a Procurement and Contract Management Steering Committee has been established. It will have access to an external, expert advisor and will oversee:

·       Ongoing governance and improvement of procurement and contract management at the City of Port Phillip - establishing it as a sector leader.

·       Establishment and facilitation of a Procurement and Contract Management Community of Practice within Council (involving key central teams and contract managers located throughout the business to build capability and inform and embed improvement initiatives).

·       A Procurement and Contract Management Improvement Project including:

-      The implementation of the Management Action Plan.

-      Review of Procurement and Contract Management Framework including Council’s Procurement Policy, Procurement Guidelines, Contract Management Guidelines, training programs and supporting materials.

-      Review of organisational design, resourcing, and system configuration to support efficient and effective procurement and contract management.

-      Review of related frameworks and policies such as the Project Framework, Conflict of Interest Policy and the development of an Integrity Framework.

4.9    The Audit & Risk Committee endorsed the Management Action Plan and the proposed close-out and assurance process at its meeting on 21 May 2024. The full Management Action Plan is appended to this report.

4.10  The key elements of the Management Action Plan are as follows:

·        Establish a specific defined project management stream to govern the procurement of high-risk and high-value procurements. This includes defining what is considered ‘high-risk and high-value’ in this context.

·        Update Council’s Procurement Policy to include contract management requirements, enshrine requirements for high-risk and high-value procurements, and other improvements.

·        Update Council’s Project Framework to define the project management requirements for high-risk and high-value procurements including governance arrangements.

·        Update Council’s Conflict of Interest Policy in consultation with the Local Government Inspectorate (LGI). Generally, a more conservative approach to COI identification, disclosure, and management will be implemented.

·        Update supporting procedures and guidelines related to procurement, contract management, project management, and conflict of interest.

·        Update training and capability building activities related to procurement, contract management, project management, and conflict of interest. 

·        To help sustain cultural change, training programs will be ongoing and not just a moment in time for critical staff involved in procurement and contract management, particularly those involved in high-risk and high-value procurements.

·        Review and where feasible update system configuration to embed process, workflow, and documentation requirement changes identified through work above

4.11  An important part of the Management Action Plan is the roll-out of a program of training and capability uplift across the organisation. High-risk, high-value procurement and contract transition training will be developed as part of the Management Action Plan. It will be rolled out progressively to ensure that all staff, as they are involved in high-risk, high-value procurements are appropriately equipped to implement the improved approach. It is intended that all relevant staff will be trained by end-June 2025 but key staff, such as those managing high-risk, high-value procurements or contract transitions will be trained as a priority in accordance with the Management Action Plan.

Management Action Plan Close-Out & Assurance Process

4.12  Councillors provided feedback about the importance of establishing a documented close-out process for each management action to provide assurance of the implementation and the enduring nature of the changes. As such, the ARCO has decided to implement an enhanced close-out process in addition to its current practice. This will include.

·        The Procurement and Contract Management Steering Committee will review and endorse action closure based on relevant evidence (e.g. updated policy or procedure, training materials, record of training).

·        The Head of Procurement and Contract Management will maintain a register of action status and links to evidence retained in Council’s Electronic Content Management (ECM) system.

·        The Head of Risk and Assurance will review the quarterly status updates to the Strategic Risk and Internal Audit Committee (SRIA) and the Audit & Risk Committee including assurance of satisfactory evidence retained of action closed in the quarter.

4.13  In addition, the Audit & Risk Committee have resolved to:

·        Include a core compliance review in 2024/25 to test that there is satisfactory evidence that agreed management actions have been completed appropriately.

·        Include testing of the satisfactory embedding of agreed actions in response to high priority recommendations in the scope of internal audits planned for procurement and separately contract management over the next two financial years.

Commercial Matters & Settlement

4.14  Following a public procurement process, in October 2022 Council entered into the schedule-of-rates contract with Citywide Service Solutions P/L (Citywide) to provide kerbside collection services across the City.

4.15  Following commencement of the new collection contract on 1 July 2023, Citywide failed to meet many of the commitments made in their tender submission and the requirements of the contract.

4.16  Council’s position is that Citywide had critical obligations under the contract to inspect the City, identify where bins were located for collection, and to plan their collection routes accordingly. Further, Citywide made numerous representations in their tender submission including that they had inspected the City as part of preparing their submission, had already developed preliminary collection maps, and had engaged with their proposed technology vendor for an extended period pre-tender. They also made representations of their preparedness during the transition period including confidence they were ready to deliver the services.

4.17  Citywide’s position is that there were material data gaps in the tender, and that Council misrepresented the nature and scope of the works which prevented Citywide from accurately pricing and adequately resourcing the contract.  As a result, Citywide says that it had difficulty transitioning effectively into the contract and ultimately being able to deliver the services in line with the specification.

4.18  In light of the issues arising, Council engaged with Citywide to procure a commercial settlement, to avoid the prospect of a long, protracted legal dispute with the real likelihood of potential service disruptions.

4.19  Senior Council officers worked with Councillors to establish key considerations and parameters which informed negotiations with senior representatives from Citywide to resolve the issues being experienced in the City during the first few months of Citywide’s contract.  In particular, the Councillors and Council officers prioritised minimising the risk of service disruptions and ensuring service continuity for the community.

4.20  At its meeting of 15 May 2024, Council endorsed the terms of a commercial settlement of the matter between The City of Port Phillip and Citywide Service Solutions.

4.21  As part of the settlement, it is agreed that Council will soon retender the provision of kerbside waste & recycling collection services ahead of a decision point in mid-2025. As such, to protect Council’s financial position, the detailed terms of the settlement remain confidential.

4.22  The settlement includes a volume component that would be payable to any contractor under the schedule-of-rates contract and a commercial component to ensure continuity of service.  Citywide made significant concessions in agreeing to the settlement.

4.23  The original contract had an initial seven (7) year term followed by a three (3) year term at Council’s sole discretion. The settlement adjusts the initial term down to three (3) years (ending June 2026) with a subsequent four (4) year option, by mutual agreement, followed by a final three (3) year option also by mutual agreement. As part of this reduced initial term, Council will soon retender the services ahead of a decision point in mid-2025.

4.24  As part of the settlement, both parties have agreed to bear their own costs incurred during the initial response from July 2023. Council incurred costs of $126k in redeploying staff to collect missed bins. Citywide’s costs significantly exceeded Council’s.

4.25  The settlement also includes other provisions including contingency options to allow Council to continue engaging Citywide for services for an interim period, in the event of a transition to a new provider not meeting acceptable go-live criteria, provisions for the potential sale of Citywide plant and equipment and employment of Citywide staff by a new provider engaged by Council, and a release of all current claims.

4.26  The settlement is accompanied by other changes to the existing contract, including placing express requirements on Citywide to provide collection data and transition support to enable Council to retender the services. Both of these requirements carry significant penalties if the commitments are not delivered to Council’s satisfaction.

4.27  The financial settlement has been provisioned for in the current year (2023/24) budget and the draft 2024/25 Council Plan & Budget that is currently being finalised. It includes a draft increase in the waste charge for 2024/25 of 2.72%.

5.       CONSULTATION AND STAKEHOLDERS

5.1    As part of the agreed Management Action Plan, since February, Council officers have been working with representatives from the Local Government Inspectorate on an upcoming review of Council’s current conflict-of-interest policy, procedures and practices.

6.       LEGAL AND RISK IMPLICATIONS

6.1    The settlement between Council and Citywide has carefully considered the risks associated with a protracted contractual and legal dispute and the potential for a significant disruption to essential services with those resolving the matter through a negotiated settlement.

6.2    The agreed settlement balances ensuring service continuity without Council, and ultimately the community through the waste charge, shouldering an unreasonable financial burden for Citywide’s errors.

6.3    Council considered the original procurement in 2022 in the formulation and negotiation of the settlement. The settlement terms, all other things being equal, would not have changed the highest scoring tenderer in that procurement process. It is noted that whilst using the original procurement as a guide provides an anchor for assessment, there is no legal obligation for Council to not enter into an agreement that could be seen to have changed the outcome of that procurement.

6.4    The settlement brings the matter to a close and ensures the continuity of the delivery of the essential services.

6.5    An ongoing area of focus remains the service performance under the contract. A representative measure of performance is the reports of missed collections. Following the initial response to the issues arising following Citywide’s commencement, reports of missed collections have continued to decline from a high of nearly 7,000 in July 2023 to 380 in May 2024.

6.6    The following graph indicates that since February 2024 reports of missed collections have continued to decline. Where bins are reported as being missed, 97% (May result) are collected within the agreed service level. Whilst Citywide’s performance continues to improve, the current performance remains outside of Council’s committed targets.

Figure 1 - 12-Month Rolling Reports of Missed Collections[1]

6.7    Whilst the continued improvement in performance is positive, achieving Council’s performance targets remains a focus. Council officers are regularly auditing Citywide’s in-field performance and applying the performance regime under the contract.

6.8    In addition to the current contractual mechanisms, and those introduced under the commercial settlement, Council has and continues to invest in contract management capacity and capability to continue to actively manage the contract.

6.9    In October 2023, a new position in the waste operations team, the Waste Services Team Leader was established through an adjustment to an existing role. This redesigned role has the responsibility for conducting multiple in field audits on Citywide’s operations.

6.10  Further, the recently concluded recruitment of the new Head of Waste Operations has had an increased focus on contract management experience and capability.

7.       FINANCIAL IMPACT

7.1    The agreed settlement has been provisioned for as part of the existing 2023/24 and draft 2024/25 Council Plan & Budget. The draft 2024/25 Budget includes a proposed 2.72% increase in the Default Waste Charge lower than the forecast inflation figure of 3.4%.

7.2    The full impact over the life of this contract are reflected in the updated 10-year Financial Plan.

7.3    Council continues to maintain a small Waste Charge Reserve balance to manage risks and smooth out fluctuations in waste services costs.

8.       ENVIRONMENTAL IMPACT

8.1    There are no significant environmental impacts from this report, but the kerbside collection services are critical to the successful delivery of the objectives of Council’s integrated waste management strategy, Don’t Waste It!

9.       COMMUNITY IMPACT

9.1    The provision of kerbside waste and recycling collection services for the community is highly valued and is a visible and commonly utilised Council service by many in the community.

9.2    The disruption to services from July 2023 resulted in a significant increase in missed bin collection reports. Reports peaked in July with nearly 7,000 reports. Since that time, there has been a significant decrease and trend towards Council’s target.

10.     Gender Impact Assessment

10.1  This report does not have a direct and significant impact of the community and does not require a Gender Impact Assessment.

11.     ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1  Direction 3 – Sustainable Port Phillip A City that has a sustainable future, where our environmentally aware and active community benefits from living in a bay side city that is greener, cooler, cleaner and climate resilient.

a)      Port Phillip manages waste well, maximises reuse and recycling opportunities and supports the circular economy.

b)      Don’t Waste It! - Waste Management Strategy 2022-2025.

11.2  Direction 5 – Well-Governed Port Phillip

a)      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.

b)      Port Phillip Council is high performing, innovative, inclusive and balances the diverse needs of our community in its decision making.

c)       Port Phillip Council is cost-effective, efficient and delivers with speed, simplicity, and confidence.

11.3  Waste management is identified as a key challenge and indicator within the Council Plan.

11.4  The collection contract has been designed to have outcomes to support these strategies and the key initiatives.

12.     IMPLEMENTATION STRATEGY

12.1  TIMELINE

Management Action Plan Implementation

12.1.1  The attached Management Action Plan provides detail for the implementation of all related actions. The key milestones are as follows:

·         June 2024 - Immediate updates to templates.

·         July 2024 - Updates to Council’s Project Framework & establishment of Integrity Framework

·         September 2024 - Updates to Council’s procurement and contract management framework of policies, procedures and templates.

Retender Process

12.1.2  The following outlines the high-level timeline associated with retendering the services to provide for service continuity in the likelihood that the adjusted initial term of three (3) years is not extended by mutual agreement:

·       January 2025 - Request for tender (released)

·       June 2025 - Contract award / Citywide contract extension decision point

·       June 2025 - March 2026 (potential transition)

·       1 July 2026 – Potential new contract commencement / Citywide contract ends.

12.2  COMMUNICATION

12.2.1  In accordance with Council’s commitment to transparency, regular updates on the implementation of the Management Action Plan will be provided to Councillors.

13.     OFFICER MATERIAL OR GENERAL INTEREST

13.1  The CEO has noted that they are a Director of Family Trust that holds a small investment in a managed fund that holds an investment (alongside many others) in one of the companies considered as part of the contingency options. The CEO was not involved in those discussions. Given the nature of the interest and this report, the CEO has determined they do not have material or general conflict of interest in accordance with s129A of the LGA 2020 – that being the interest is so remote or insignificant that it could not be reasonably regarded as capable of influencing the actions or decisions of the person in relation to the matter.

ATTACHMENTS

1Management Response Table - Final Version (Public)

 


Attachment 1:

Management Response Table - Final Version (Public)

 

 
















                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

11.    Sustainable Port Phillip

         Nil

 

12.    Vibrant Port Phillip

12.1     Fitness Training and Outdoor Commercial Recreation Policy Review............................... 138

12.2     Events Strategy and Outdoor Events Policy Review............................................................. 165


                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

12.1

Fitness Training and Outdoor Commercial Recreation Policy Review

Executive Member:

Tarnya McKenzie, Interim General Manager, Community Wellbeing and Inclusion

PREPARED BY:

Dana Pritchard, Manager Open Space Recreation and Community Resilience

Susan Cannell, Coordinator Sport and Recreation

Kahlia Flett, Recreation Participation and Projects Officer

1     PURPOSE

1.1    To provide Council with proposed updates to the Fitness (Personal) Training and Outdoor Commercial Recreation Policies

2.       EXECUTIVE Summary

2.1    Public space across the municipality is used by a variety of commercial operators to run recreation activities.  With our foreshore and beaches being the most popular destinations. These activities range from skydiving to personal trainers.  

2.2    The Fitness Training (PT) and Outdoor Commercial Recreation (CR) Policies guide the permitting and requirements for these businesses to operate in public space, to help manage and create vibrant, safe and active places for everyone.

2.3    In response to a Council resolution on 6 March 2024, a minor review of these polices has been undertaken to enable more equitable licencing of different recreational activity providers and increase the opportunities for recreation activities to operate in public space.  

2.4    The proposed changes include changes to scope/definitions, application process and assessment criteria.  Removal of the pre-approved sites is also recommended.  These changes will create more opportunities, particularly for operators of group classes with 15-50 participants. 

2.5    The updates align with benchmarking, State Government requirements and other Council policies including the Sport and Recreation Strategy, Outdoor Events Policy, Foreshore and Park policies and regulations.

2.6    These changes are just updates to the current policies.  A full review will be undertaken in 2025/2026 to align with DEECA’s review of the Tour Operator Licence.

3.       RECOMMENDATION

That Council:

3.1    endorses the updated Fitness Training Policy;

3.2    endorses the updated Outdoor Commercial Recreation Policy; and

3.3    notes that a full review of both policies will be undertaken in 2025/26.

 

4.       KEY POINTS/ISSUES

Context

4.1    Open space, parks and beaches across the municipality are popular locations for commercial recreational operations and fitness trainers. Currently we permit a mix of activities including personal training, yoga, kiteboarding, kayaking and skydiving.

4.2    These activities have been permitted for many years under the Outdoor Commercial Recreation Policy and the Fitness Training Policy. Under the Local Law these policies permit all regular and ongoing outdoor group activities by commercial operators.

4.3    These policies are in place to help manage and create vibrant and active places for everyone.  Licencing recreation activities helps Council to:

4.3.1    Protect and preserve our natural environment and public assets.

4.3.2    Provide equitable access to our limited public space for diverse activities. 

4.3.3    Ensure commercial activities are safe and well-managed and do not unreasonably impact community access to public open space.

4.3.4    Balance the needs of all open space users, including residents and visitors.

4.3.5    To provide equity in the management of commercial providers seeking to operate in public open space.

4.3.6    To provide health and wellbeing opportunities to support the physical and mental health of our community.

4.4    The Outdoor Commercial Recreation Policy (CR):

4.4.1    applies to large/complex recreational and sporting activities. 

4.4.2    Current permits under this policy are for kiteboarding, skydiving, beach volleyball and kayaking. 

4.4.3    It excludes the opportunity to permit any activity captured under a different policy (e.g. events, Personal Trainers, wellness providers)

4.4.4    All activities require a Tour Operator Licence from the State Government Department of Energy, Environment and Climate Action (DEECA).

4.4.5    There is an annual fee and a per participant fee applied.

4.5    The Fitness Training Policy (PT)

4.5.1    Applies to smaller group classes with minimal equipment, with a maximum of 15 participants. 

4.5.2    Current permits include personal trainers, yoga and breathwork classes.

4.5.3    All activities require a Tour Operator Licence from the State Government Department of Energy, Environment and Climate Action (DEECA).

4.5.4    There is an annual fee and no per participant fee applied (currently waived by DEECA).

4.6    Tour Operators Licence (TOL).

4.6.1    The State Government requires all organised recreational activities in public space to be regulated under their TOL 

4.6.2    The TOL applies to all tour operators and educational and recreational activity providers operating on public land.  It sets fees and requires operators to be licenced by the land manager – in this case it is the Department of Energy Environment and Climate Action (DEECA). Tour operators (forestsandreserves.vic.gov.au)

4.6.3    The TOL and associated fees are set by DEECA and administered by Council.

4.7    Other permits for recreational activities include:

4.7.1    Outdoor Event Policy - these permits do not permit regular and ongoing activities.

4.7.2    Sports Club Licences - these permit ongoing use of open space for the purpose of community sport.

Background

4.8    At the 6 March 2024 Council meeting, a petition was tabled from a Fitness Training provider to Protect our weekly Wellness Gathering: Feel Good Flows. Minutes Council Meeting - 6 March 2024

4.9    The petition requested the opportunity to operate with a larger group.  The current policies restricted this opportunity. 

4.10  The following was resolved at this meeting:

That Council:

·        notes the increasing pressure on public space to support commercial operators, particularly along the foreshore, and recognises the importance of public open spaces being shared by all community users.

·        notes the provider can continue operations in line with their current licence, as per the Fitness Training Policy, with participant numbers of no more than 15 and within the allocated locations.

·        requests officers to work with Feel Good Flows on alternative options in line with relevant policies and guidelines.

4.11  The current Fitness Training (PT) Policy and Outdoor Commercial Recreation (CR) Policy have been reviewed and changes have been identified to address the resolution.

Key considerations

4.12  The review considered the following:

4.12.1  Potential impact of any changes.

4.12.2  Changes in the industry.  Fitness training is no longer exclusive to typical gym training or personal training, it now includes broader health and wellness activities.

4.12.3  The DEECA requirements, mean that the polices apply to all organised activities whether a fee is charged or not, requiring a review of definitions of commercial.

4.12.4  Alignment and consistency with all relevant strategy, policy, and regulations.

4.12.5  Impact on the community. The proposed changes recognise that there is increasing pressure on public open space to support commercial operators, particularly along the foreshore, and recognises the importance of public open spaces being shared by all community users. Changes have been tested against potential adverse impacts.

4.12.6  Financial impact. The proposed changes recognise the difference in fees applicable to commercial providers under both policies and the impact to Council by increasing the scope of both policies.

4.12.7  Honouring existing Outdoor Commercial Recreation licences. Existing licences are valid until 30 September 2025. Any current licence will remain unchanged and aligned with the policy at the time.

Proposed Policy Updates

4.13  The following updates are proposed in the policies:

Fitness Training Policy (Attachment 1)

4.14  Scope

4.14.1  All activities with large infrastructure will now only be permitted under the CR Policy (e.g. ice baths). This means that this policy only applies to recreation activity providers operating within 15 or less participants with minimal infrastructure, removing any overlap with CR policy.

4.15  Process

4.15.1  Licence application via a bi-annual process, rather than being open year-round. This will improve the regulation and allocation of licences.

4.15.2  Assessment Criteria updated to better reflect decision making process and to bring in line with other public space permitting. 

4.15.3  Conditions of use removed; these will remain unchanged but be added on the website instead, in line with other policy templates.

Outdoor Commercial Recreation Policy (Attachment 2)

4.16  Scope

4.16.1  Updated scope to enable large ‘recreation activities’ (those currently only permitted to operate under the PT Policy) to apply for this licence.

4.16.2  The scope of this policy will now include ‘recreation activities’ such as personal training and wellness gatherings – for groups up to 50 participants.

4.17  Process

4.17.1  Assessment Criteria updated to reflect decision making process and to bring in line with other public space permitting.  It now includes requirements around impact on both community and environment.

4.17.2  Removed reference to pre-approved sites (except for Skydiving and Kiteboarding). This opens more opportunities, and the suitability of the requested location will be undertaken as part of the assessment process.

4.17.3  Applications for CR licences is via an annual EOI process; with the option of a 1-year licence with an optional 2-year extension. This allows for better assessment of applications to ensure the best fit operators and sites for the municipality (rather than taking ‘first in’ applications).

4.17.4  Updated the application process for trailers, to address the inconsistent permitting of these in relation to CR activities.

4.17.5  Specific reference to the Outdoor Events Policy, to highlight other opportunities for providers.

Fees and Charges

4.18  It is proposed that the annual fee is applied per site, currently each operator can use up to two locations under the one annual fee.   This brings the application of fees in line with other policies/permits.

4.19  After benchmarking fees for the 2024/25 draft Council Plan and Budget increased fees are proposed for next financial year. As follows:

 

2023/2024 Fee

2024/2025 Proposed Fee

Personal Training

$331

$450

Commercial Recreation

$340

$700

4.20  The DEECA per person fee will continue for the CR licences, but they do not apply for the PT permits.  They are currently $1.60 per child and $2.40 per adult. DEECA has advised this fee is unlikely to change for the 2024/25 financial year.

5.       CONSULTATION AND STAKEHOLDERS

5.1    Internal engagement to ensure consistency with other Council policies, including with Recreation, Open Space, Parks Services, Maintenance, Foreshore and Events. 

5.2    Further consultation occurred with the following external organisations to support the proposed changes for both policies:

5.2.1    Comparative research with neighbouring councils and Parks Victoria who have similar policies, processes, and fees in place.

5.2.2    DEECA to ensure the proposed policy review and fee structure is consistent with their Tour Operator Licence.

5.3    The review process for both policies considered feedback from existing and past fitness training providers and commercial recreation providers. However, no consultation with external providers or community was undertaken for this minor review.

5.4    Broader consultation will be undertaken with the planned review of these policies in 2025/26.

5.5    The fees and charges are included in the draft 2024/25 Council Plan and Budget and are a part of that engagement process.

6.       LEGAL AND RISK IMPLICATIONS

6.1    All operators are required to have appropriate insurance and risk management plans in place as part of their licence/permits.

6.2    Operators are also required to have all relevant training and accreditation.

7.       FINANCIAL IMPACT

7.1    The proposed policy changes will have a positive financial impact on Council and community via the following:

7.1.1    proposed increase to annual licencing fees, including the introduction of a trailer fee, will lead to increased annual income.

7.1.2    increased spend on local economy by supporting local commercial providers and increased visitors to the City and investing in cafes and shops after activities.

7.2    Increased maintenance, as a result of increased use of public open space, will be funded by the proposed increase in annual fees and charges for commercial operators. 

8.       ENVIRONMENTAL IMPACT

8.1    Increased usage could impact the environment, this is being mitigated through the assessment process and new requirements for providers to have a planned response to environmental impacts.

9.       COMMUNITY IMPACT

9.1    The proposed policy changes will have a positive community impact as they align with strategic objectives captured by the Sport and Recreation Strategy 2015-2024 to ‘provide increased opportunities for diverse and vibrant recreation programs.’

9.2    The policy updates enable increased opportunity for diverse, non-traditional, and emerging forms of recreation, such as wellness activities, that contribute to making Port Phillip unique, vibrant, and liveable.

9.3    To manage any perceived community impacts, robust assessment criteria have been implemented to ensure equitable use and enjoyment of public open space. These criteria aim to manage the time, location, frequency and type of commercial operator to ensure minimal impact to local amenity and to equitable use and enjoyment of public space.

10.     ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1  The policy updates align to the following strategic directions within the Council Plan:  Vibrant Port Phillip and Liveable Port Phillip

10.2  The Sport and Recreation Strategy 2015–2024 seeks to increase sport and recreation opportunities for the community. Increasing the scope of the Outdoor Commercial Recreation Policy is in alignment with policy objectives to ‘provide increased opportunities for diverse and vibrant recreation programs.

11.     IMPLEMENTATION STRATEGY

TIMELINE

11.1  Notify stakeholders of updated policies and update website. 

11.2  Open the EOI process in June (CR) & July (PT)

11.3  Full review of both policies in 2025/26

COMMUNICATION

11.4  The policy updates will be communicated to all existing providers, internal and external stakeholders. Information will be communicated via:

11.4.1  Council’s website

11.4.2  Email out to existing and past commercial providers

11.4.3  Social media platforms including Instagram, Facebook, and LinkedIn to advertise to new providers.

11.5  Key messaging associated with these communications include:

11.5.1  Policy change is in line with strategic objectives to support and provide opportunity for diverse recreation activities.

11.5.2  Focus on sustainable use of public space for both the environment and community.

11.5.3  Updates have been made to fees and processes such as applying for an onsite trailer.

11.5.4  New EOI timelines and licencing periods

12.     OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1DRAFT Fitness Training Policy 2024

2DRAFT Outdoor Commercial Recreation Policy 2024

 


Attachment 1:

DRAFT Fitness Training Policy 2024

 

 












Attachment 2:

DRAFT Outdoor Commercial Recreation Policy 2024

 

 










                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

12.2

Events Strategy and Outdoor Events Policy Review

Executive Member:

Brian Tee, General Manager, City Growth and Development

PREPARED BY:

Adele Denison, Head of Arts, Festivals and Events

Lauren Bialkower, Executive Manager City Growth and Culture

1.       PURPOSE

1.1         To present amendments to the Events Strategy and Outdoor Events Policy 2023 - 2026 following mid-term review.

2.       EXECUTIVE Summary

2.1    The Events Strategy 2023 – 2026 sets out a strategic framework for events in the municipality, seeking to maximise benefit and minimise adverse impacts from the annual events calendar.

2.2    The vision for events in the City is:

2.2.1    To build an annual events calendar that is bold, engaging, welcoming and unique to the City of Port Phillip, connected to our people, places, businesses and culture.

2.2.2    To drive economic development, visitation and support for the community while maintaining local character, liveability and amenity.

2.3    The Outdoor Events Policy provides a framework of guiding principles and decision making criteria to manage a range of outdoor events across the municipality.

2.4    The policy guides decision making around which events receive permission to operate on Council managed public space, and what conditions form part of that permit, if issued.

2.5    Following consultation and feedback from traders along the St Kilda foreshore, officers conducted a review of the Events Strategy and Policy to ensure its currency and ability to seek balance between the benefits and impacts of events on the community.

3.     RECOMMENDATION

That Council:

3.1     Adopt the revised Events Strategy 2023 – 2026

3.2     Adopt the revised Outdoor Events Policy 2023 – 2026

3.3     Note the event evaluation and economic benefit estimate from recent major event seasons as undertaken by Culture Counts

3.4     Delegates to the CEO the ability to make changes to the Strategy or Policy where those changes do not alter their substantive content

 

4.       KEY POINTS/ISSUES

4.1    Since being adopted, there have been two major event seasons under the current Events Strategy and Outdoor Events Policy: 2022/23 and 2023/24

4.2    Feedback is continuously invited from the community on individual events and the event calendar as a whole. In early 2024 officers were contacted by traders located along the St Kilda foreshore who had identified significant negative impacts from the recent major events season.

4.3    The feedback from traders focused primarily on the impact of multiple road closures from events that were reducing access to their premises, and the impact of closures of adjacent public space such as South Beach Reserve.

4.4    While the amount of events or road closures did not increase for the 2023/24 season, the impacts were compounded by external factors such as the palais forecourt works, pier works, and business conditions post-covid and cost of living challenges.

4.5    A number of opportunities identified by the traders to mitigate negative impacts of these major events were discussed with officers at length. Officers considered these requests alongside the potential impact to the viability of events in the municipality and recommend several amendments to the documents to ensure negative impacts can continue to be mitigated, and benefits maintained.

4.6    A summary of those amendments are as follows:

4.7    Outdoor Events Policy

4.7.1    Additional outcome added at 5.2: “Manage an events calendar that offers opportunities for local business while balancing any potential impacts’

4.7.2    Outcome deleted at 5.5: “Actively create and support events and the events industry through the COVID recovery period, while prioritising COVID safety and public health at all times.”

4.7.3    Added definition for “Event Notification” into section 6

4.7.4    Added criteria for assessment: “Mitigated impact on surrounding businesses and residential amenity as part of operational planning”

4.7.5    Added section on premium sites in section 10 (South Beach Reserve, Catani Gardens and the Triangle Site) including an upper limit on bump in and out times and a requirement for access on public holidays where they fall in bump in/out periods.

4.7.6    Added section on premium sites in section 10 stating that: “Events will only be permitted on these sites on a public holiday period if they can demonstrate a likely increase in trade for surrounding local businesses, including partnerships being in place” and that bump in/out must be limited even if over a public holiday period.

4.7.7    Clarity on selection criteria for South Beach Reserve to ensure events meet all selection criteria in Section 10

4.7.8    Minimum number of patrons for full use of South Beach Reserve changed from 4,000 to 5,000 in section 10 and noted that penalties may apply if minimum numbers aren’t reached.

4.7.9    Additions to selection criteria for South Beach including increase to trade opportunities for local businesses, and deletion of mandatory criteria regarding changing perception of the site in Section 10, and inclusion of trade opportunity to the on site kiosk

4.7.10  Additions to selection criteria for the Triangle Site including a requirement to show the event cannot operate on grass and that an event can increase patronage or trade opportunities for local business in balance with car parking availability

4.7.11  Additions to selection criteria for Catani Gardens including a requirement to increase visitation, profile and awareness of the area and to increase trade opportunities

4.7.12  Addition of detailed requirements at Section 12.8 regarding event notifications

4.7.13  Additional limitations to road closures in Section 13.3 including:

·      no more than two externally produced major road closures along the foreshore in any calendar month, and not across two concurrent weekends aside from St Kilda Festival and Pride March

·      That any road closures for morning events will be escalated if they can’t open at or before 11am 

·      Council will not permit more than one event per day if the events include major road closures or public transport disruptions unless an exception is granted in exceptional circumstances

4.7.14  It is noted that in some instances safety considerations may delay road re-openings, or bump in and out. In these instances, safety will always be prioritised.

4.8    Events Strategy

4.8.1    Addition to Policy Outcomes that states “Manage an events calendar that offers opportunities for local business while balancing any potential impacts”.

4.8.2    Addition to delivery that specifies activities that complement the Grand Prix at 1.11 and it is recognised City of Port Phillip will work closely with other major stakeholders to maximise the benefits from the Grand Prix such as Yarra Trams, AGPC and State Government. It is recognised that the Melbourne Formula 1 Grand Prix has significant opportunity to be leveraged to benefit of traders, visitors and residents.  

4.8.3    Deletion to Policy Outcome that states: “Actively create and support events and the events industry through the COVID recovery period, while prioritising COVID safety and public health at all times.”

4.8.4    Addition to delegated approvals that states:

·      In the instance where:

o An event uses a premium site and has a bump in or out that exceeds 48 hours on either side of the event

o Bump in/out falls on a public holiday

o An event request would increase the number of road closures in a calendar month to more than two

o A road closure for a morning event requires a road re-opening after 11am

o Where safety considerations may delay road re-openings, or bump in and out, safety will always be prioritised.

4.8.5    As the expressions of interest program for the 2024/25 has already been undertaken with provisional approvals granted, the above changes would next impact the 2025/26 major events season.

4.8.6    Key requests from traders that were not recommended for amendment included:

·     Not issuing permits to any morning events with road closures that cannot reopen prior to 11am – this would mean a number of triathlon events would not be able to proceed, as well as Ironman and the Melbourne Marathon. Decisions to permit these events will instead be delegated to the Executive Manager City Growth & Culture for individual consideration.

·     Restrictions to facets of events that are subject to external regulation or legislation, such as fence lines and exclusion zones, fence wraps or barriers, and changes to content of statutory road closure messaging.

·     Cap in the number of total hours of road closures per season – duration of road closures can be extended for safety reasons.

·     Capping the number of road closures between October to March at 10 – this would reduce the current number of events, which is already below the cap for total road closures per year. The amendments incorporated as part of this review should mitigate negative impacts of road closures rather than reducing the number of events.

4.8.7    Traders sought a commitment that outside of exceptional circumstances, road closures will not be permitted on concurrent weekends (aside from St Kilda Festival and Pride March). Taking the 2024/25 as an example, this would impact two sporting events scheduled for November/December and February/March, as follows:

·     Around the Bay (Oct 6) and Melbourne Marathon (Oct 13)

·     2XU Triathlon Race 1 (Nov 24) and Beyond Blue Wellness Run (Dec 1)

·     Melbourne Team Triathlon (Feb 23) and 2XU Triathlon Race 5 (March 2) – this is immediately following the St Kilda Festival on Feb 16

4.8.8    This may limit these events’ future ability to work with Council, or to base themselves within the City of Port Phillip. The changes won’t be implemented for the 2024/25 season.

5.       CONSULTATION AND STAKEHOLDERS

5.1    Consultation has been undertaken with representatives from foreshore traders in St Kilda, with businesses including Luna Park, The Stokehouse and businesses within the St Kilda Sea Baths

5.2    The proposed amendments were also sent to representatives from the Acland Street Village Business Association and the Fitzroy Street Traders Association after initial feedback was received.

5.3    As the proposed amendments primarily impact St Kilda businesses, broader consultation has not been undertaken at this time

5.4    The development of the original Strategy and Policy documents, involved broad consultation including:

5.4.1    Intercept surveys in activity centres

5.4.2    Have Your Say online engagement

5.4.3    Direct engagement with business and traders

5.4.4    Surveys of event operators

5.4.5    Consultation at existing CoPP engagement events

6.       LEGAL AND RISK IMPLICATIONS

6.1    There are no legal or risk implications arising from the proposed amendments

7.       FINANCIAL IMPACT

7.1    Total revenue from Council for major events in the 2023 calendar year was $481,375, from a total of 33 events

7.2    $141,532 of this was made up of revenue from road closure events, the fees for which ranged from $9,500 through to $27,732 per event

8.       ENVIRONMENTAL IMPACT

8.1    There is no environmental impact arising from the proposed amendments

9.       COMMUNITY IMPACT

9.1    Events can bring a range of community benefits and impacts, both of which are monitored throughout events in the municipality alongside ongoing feedback opportunities

9.2    Both the Events Strategy and Outdoor Events Policy prioritise lessening any community impact from events, and maximising benefit

9.3    In the 2023 calendar year, it is estimated that 576,836 people attended major events in the City of Port Phillip

9.4    The total estimate of economic impact from events in the 2023 calendar year is $59.3m

10.     ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1  The Events Strategy is aligned with and delivers on the Vibrant Port Phillip direction of the Council Plan

11.     IMPLEMENTATION STRATEGY

11.1  TIMELINE

11.1.1  As the Expression of Interest program has already been run for major events in 2024/25, the impact of these amendments will primarily apply to the 2025/26 events season

11.1.2  Any event applications received outside of the EOI program will be immediately subject to the revised terms of the Outdoor Events Policy

11.2  COMMUNICATION

11.2.1  If endorsed, the revised versions of the Events Strategy and Outdoor Events Policy will be uploaded on the Council website as soon as possible

11.2.2  All event operators currently working with Council will receive direct communication regarding the amendments

12.     OFFICER MATERIAL OR GENERAL INTEREST

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

ATTACHMENTS

1Events Strategy 2023-2026 Reviewed

2Outdoor Events Policy 2023-2026 Reviewed

 


Attachment 1:

Events Strategy 2023-2026 Reviewed

 

 













Attachment 2:

Outdoor Events Policy 2023-2026 Reviewed

 

 

















 


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

 

13.    Well Governed Port Phillip

13.1     Councillor Expense and Support Policy 2024 201

13.2     Councillor Expenses Monthly Reporting - May 2024................................................................. 230


                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

13.1

Councillor Expense and Support Policy 2024

Executive Member:

Joanne McNeill, Executive Manager, Governance and Organisational Performance

PREPARED BY:

Mitchell Gillett, Coordinator Councillor and Executive Support

1.       PURPOSE

1.1    To present a consolidated and updated Councillor Expense and Support policy to Councillors.

2.       EXECUTIVE Summary

2.1    The current Councillor Expense and Support Policy was adopted in March 2021. In September 2021, revisions mainly pertaining to childcare provisions, were also adopted.

2.2    The September 2021 revisions were added to Council’s website, but not incorporated into the main policy.

2.3    The March 2021 policy has been applied in conjunction with the September 2021 revisions since this time to determine how Councillor requests for expense reimbursement and requests for support are administered.

2.4    The 2024 Councillor Expense and Support Policy (the Policy) consolidates the two documents as well as including some additional items set out in Section 4.

2.5    Other than the items that are listed in Section 4, the remainder of the Policy remains unchanged.

3.     RECOMMENDATION

That Council:

3.1       Adopts the Councillor Expenses and Support Policy as outlined in Attachment 1 and notes that the Policy will be published on Council’s website.

3.2       Authorises the Chief Executive Officer, or their delegate, to finalise the document and make any minor amendments that do not materially alter the intent of the policy.

4.       KEY POINTS/ISSUES

4.1    Building Access

4.1.1    The provision of 24-hour access for Councillors to South Melbourne Town Hall has been removed from the Policy until the remedial works of that building have been completed.

4.1.2    Councillor entitlement to request bicycle cage and ‘End of trip’ (shower and changeroom) facilities has been added.

4.2    Parking Permits

4.2.1    Reference to ‘Agency’ parking permits has been removed at the request of Coordinator Parking Permits and instead the Policy now refers to a ‘valid parking permit’.

4.3    International Roaming

4.3.1    The provision of ‘International Roaming’ has been added for Councillors who are using Council issued communication devices to conduct Council business while overseas.

4.3.2    Approval from the CEO, or their delegate, must be sought before ‘International Roaming’ can be enabled by Council’s telecommunications service provider.

4.3.3    International Roaming is limited to the eligible destinations as included in the Zone 1 ‘Optus $5 Daily Roaming Pass’.

4.4    Registered Ride Share

4.4.1    The Policy will expand the definition of ‘registered ride share’ to include ‘e-bikes’ and ‘e-scooters’.

4.5    Mayoral Vehicle

4.5.1    Should the Mayor opt for the use of a dedicated vehicle, the Policy now stipulates that the operating and maintenance costs of this vehicle will be recorded against the Mayor of the day for the purposes of monthly Councillor expense reporting.

4.6    Reporting

4.6.1    The Policy now stipulates that an annual report on Councillor expenses is due in July each year to the Audit and Risk Committee. This report will contain a summary of all Councillor expenses for the previous financial year.

4.7    Other than the items listed above, the rest of the Policy remains unchanged.

5.       CONSULTATION AND STAKEHOLDERS

5.1    The policy has been subject to consultation with Councillors at briefings, senior managers and relevant staff.

6.       LEGAL AND RISK IMPLICATIONS

6.1    There are no legal and risk impacts arising as a result of this report.

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    Including ‘e-bikes’ and ‘e-scooters’ as a claimable expense within the Policy aims to encourage their use as a cost-effective and environmentally sustainable mode of transport.

9.       COMMUNITY IMPACT

9.1    There are no community impacts arising as a result of this report.

10.     ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1  Well Governed Port Phillip – Regular reporting on Councillor expanses is aligned with Council’s strategic direction of being a ‘Well Governed’ city. 

11.     IMPLEMENTATION STRATEGY

11.1  TIMELINE

11.1.1  The Policy takes effect once adopted. Officers will make the Policy publicly available on Council’s website as soon as reasonably practicable following adoption.

11.2  COMMUNICATION

11.2.1  Officers involved in the administration of the Policy will be briefed on all of the changes to the Policy as soon as reasonably practicable following adoption.

12.     OFFICER General OR material INTEREST

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

ATTACHMENTS

1Councillor Expense and Support Policy

 


Attachment 1:

Councillor Expense and Support Policy

 

 



























                                                                                                  

 

Meeting of the Port Phillip City Council

19 June 2024

 

13.2

Councillor Expenses Monthly Reporting - May 2024

Executive Member:

Joanne McNeill, Executive Manager, 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 May 2024, 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 3 March 2021.

2.2    At that meeting Council also resolved to report monthly on Councillor allowances and expenses and present this at a Council meeting in addition to publishing this on the 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 May 2024 (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 15 September 2021.

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.

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 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 have any material or general interest in the matter.

ATTACHMENTS

1Declaration of Councillor Expenses - May 2024

 


Attachment 1:

Declaration of Councillor Expenses - May 2024

 

 




 


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

 

14.    Notices of Motion

14.1     Councillor Pearl - Governance arrangements-  HousingFirst and Port Phillip Housing Trust.................................................................... 212

14.2     Councillor Crawford - Parking Restriction Changes in Elwood Village.......................................................... 214


 

 

Item 14.1  Councillor Pearl - Governance arrangements - HousingFirst and Port Phillip Housing Trust

I, Councillor Marcus Pearl, give notice that I intend to move the Motion outlined below at the Ordinary Meeting of Council on 19 June 2024:

That Council:-

1.       Request officers to provide a report to Council on the governance arrangements and considerations of Council’s involvement in HousingFirst, the Port Phillip Housing Trust and related entities including options and advice in relation to:

a.       Improvements to governance practices to mitigate real and/or perceived conflicts of interest identified in relation to Council’s role in both the board of directors for HousingFirst Ltd and the Port Phillip Housing Trust.

b.       Council’s role in the appointment of trustees / representative of the PPHT.

c.       Ability to appoint different members to the Board of HF and Trustees of the PPHT.

2.       Notes the preparation of a report on governance arrangements and considerations will be met through existing budgets and resources.

3.       Requests that lawyers with expertise in property and community housing be selected to assist Officers in completing the report.

4.       Notes that the purpose of this motion is to review the governance arrangements for Housing First Ltd and PPHT, ensuring that the structure and appointments are suitable for the next 10-20 years and align with current accepted standards. It is not intended to review the protection in perpetuity of housing for community housing purposes.

Supporting Information

·      The PPHT was established in 2005. The City of Port Phillip is the Governor of the Trust and Port Phillip Housing Association (now HousingFirst) is appointed as Trustee.

·      The PPHT was established to ensure that Council’s direct property and cash contributions are:

Protected in perpetuity for the purpose of community housing.

Used to leverage further housing growth for the benefit of the Port Phillip community, including ensuring housing in the Trust is made available to persons with long term links to Port Phillip.

·      The Trust Deed is the legal instrument that establishes and governs the operation of the PPHT.

·      The PPHT was established as a legal ‘vessel’ for owning and holding funds and property assets, and perpetually protecting the interests of Council by defining the Purposes in which Trust Funds can be used and the powers of Trustees.

·      The specific ‘Purposes of the Trust Fund’ are to:

Solicit donations, gifts, bequests and other forms of financial assistance to benefit the purposes of the Trust Fund.

Acquire land with existing buildings or land on which to construct housing.

Make the housing available to Eligible Residents at rents determined by the Trustee that are below the market rate.

·      Community housing, such as that delivered through the PPHT, contributes to a diverse and inclusive Port Phillip community. It supports the health and well-being of residents on very low and low incomes and enables them to remain within their local community.


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

Item 14.2  Councillor Crawford - Parking Restriction Changes in Elwood Village

I, Councillor Louise Crawford, give notice that I intend to move the Motion outlined below at the Ordinary Meeting of Council on 19 June 2024:

That Council:-

1.       Request officers to forego the standard requirements for demonstration of community support to consider changing parking restrictions on Ormond Road, between Beach Avenue and Pine Avenue.

2.       Request officers investigate all timed restrictions on Ormond Road, between Beach Avenue and Pine Avenue, to finish at 7pm.

3.       Requests officers consult the community on the proposed change if there is a justification to proceed.

4.       Request officers notify Councillors of the outcome of the investigation.

Supporting Information

The process to consider changing parking restrictions is detailed on Council’s public website.

Community support is required to be demonstrated before a review of the parking restrictions can be considered.

This support is to be in the form of a letter signed by at least:

·      10 per cent of properties (or 4 properties — whichever is greater) in streets where there have been no changes to parking or parking consultation undertaken in the past 18 months, or

·      50 per cent of properties in streets where a parking change or parking consultation have been conducted in the past 18 months

The letter should include the following:

·      The reasons for the request

·      The type of change requested

·      Names and addresses of the signatories to the letter

A member of the public has raised concerns regarding the operational hours of parking restrictions in Ormond Road and feels the timed restrictions operating until 8pm are unnecessary, negatively impact businesses in the area and result in customers receiving parking infringements.

A request was made to change the operational hours of parking restrictions on Ormond Road to finish at 6pm or 7pm, in-line with most activity centres. A total of six signatures, including the requestor, is typically required for the Transport Safety team to progress the request. The requestor has requested Council undertake the instigation without them needing to approach businesses in the strip for support.

As the change sought is for an activity centre, I request officers progress with the investigation and forego the standard process for obtaining community support.


                                                                                                  

 

 

Meeting of the Port Phillip City Council

19 June 2024

15.    Reports by Councillor Delegates

 

 

16.    Urgent Business

 

 

   17Confidential Matters

17.1     Pound Services Contract................................ 242

17.2     Shrine to Sea Masterplan Advocacy and Implementation................................................ 242

17.3     Legal Matter..................................................... 242

            RECOMMENDATION

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

17.1     Pound Services Contract

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

Reason - Paper includes recommendation for successful tenderer for Pound Services Contract, if made public this would compromise awarding the contract.

17.2     Shrine to Sea Masterplan Advocacy and Implementation

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

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

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

17.3     Legal matter

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

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

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 - Includes legal advice and commercially sensitive information relating to a lease dispute.



[1] Reports of missed collections over the previous 12-months. This includes MUDs FOGO services rolled out in November and February (4,000 additional services).