Issues Paper
Five key issues were identified through a comprehensive internal review and an Issues Paper was created.
Download the engagement report to see how we used your feedback and complete the survey to tell us what you thought about the process.
Feedback from internal and external stakeholders, Councillors, and the community has been considered when creating the Draft Community Amenity Local Law 2023. The local law review and drafting process was undertaken in line with the Guidelines for Local Laws Manual and Resource Book, published by the Victorian Government.
As part of the Local Law Review process, Council identified five issues that were not addressed or effectively addressed in the current Community Amenity Local Law 2015, and asked you to provide your feedback on them. Below is a snapshot of what we heard and how your feedback has helped shape the Draft Community Amenity Local Law 2023. You can also view the full Community Engagement Summary Report here.
To see a summary of all the proposed changes and additions, you can view the Local Law Community Impact Statement here.
We asked:
You said:
In response to rating the issue:
Themes that emerged from comments:
In response to rating the current regulation:
Themes that emerged around whether community supports the proposed provisions:
We did:
No existing clause in current Community Amenity Local Law 2015. Clause included in Draft Community Amenity Local Law 2023
Added Clause:
CA2023: An owner or occupier of land that is not in a Rural Zone or Council land, must ensure that any nature strip between the land and any abutting road does not contain grass or weeds over 30 centimetres in height.
An owner or occupier of land must not alter, or allow to be altered or remain altered, any nature strip between the land and any abutting road except in accordance with Council’s Nature Strip Beautification Policy.
Reason for change and expected benefit to community:
Overgrown nature strips have a significant impact on the visual appearance of the municipality. Nature strips are owned by Council and house utilities and infrastructure.
The majority of people in the municipality do maintain their nature strips, but this clause will allow Council to take enforcement action where nature strip grass exceeds 30cms and residents do not comply with requests to mow the nature strip.
You can view the full Community Engagement Summary Report here.
We asked:
You said:
In response to rating the issue:
Themes that emerged from comments:
In response to rating the current regulation:
Themes that emerged around whether community supports the proposed provisions:
We did:
Existing clause in current Community Amenity Local Law 2015. Clause amended in Draft Community Amenity Local Law 2023
Existing Clauses 2015:
CA 2015: Subject to clause 118, a retailer must not make available for use or allow to be used a shopping trolley which does not have a fully functioning coin deposit and release mechanism attached to it; or is not secured to the retailer’s premises by a perimeter constraint system approved by Council. Clause 117 does not apply when a retailer makes available for use, or allows to be used, 25 shopping trolleys or less; or to a retailer who has committed to a 12 month renewable management plan approved by Council for the effective control and recovery of shopping trolleys.
CA 2015: An authorised officer or a person engaged by Council for this purpose may, on behalf of Council, seize and impound any shopping trolley which is being made available for use or is being used or has been left on a road or on Council land in contravention of this Local Law.
CA 2015: On the first business day of each month or as soon possible thereafter, a list of shopping trolleys that have been impounded by Council will be forwarded to each retailer stating the period within which the shopping trolley must be claimed; that unclaimed shopping trolleys may be disposed of by Council after the period; and that it is an offence for a retailer to not claim an impounded shopping trolley.
CA: 2015: A retailer must claim the impounded shopping trolley within the period stated by Council in the list of impounded shopping trolleys forwarded to that retailer.
Amended Clauses 2023:
CA 2023: A retailer who makes available more than 15 shopping trolleys must ensure that all shopping trolleys have a fully functioning coin deposit and release mechanism, or a perimeter locking system, or another system approved by Council that prevents the removal of shopping trolleys from the retailer’s premises.
CA 2023: Any trolley made available by a retailer must be clearly identified with the retailer’s name and contact details.
CA 2023: Where a retailer has been notified that a shopping trolley belonging to the retailer has been abandoned on Council Land, the retailer must collect or arrange for the collection of the shopping trolley within 3 business days of the report being made.
CA 2023: Where a retailer has been notified of an abandoned trolley and has failed to collect the trolley, Council may impound and dispose of the trolley without further notice.
Reason for change and expected benefit to community:
Clauses regulating shopping trolleys exist in the current Local Law. The proposed changes remove the option of lodging a trolley management plan instead of having physical controls, require retailers to clearly label trolleys with retailer details, and make it an offence for a retailer to fail to collect a trolley that has been reported as abandoned within three business days.
These clauses are designed to reduce the amount of trolleys that leave retailer premises, and to reduce the burden and cost on Council of impounding and holding abandoned trolleys.
You can view the full Community Engagement Summary Report here.
We asked:
You said:
In response to rating the issue:
Themes that emerged from comments:
In response to rating the regulation:
Themes that emerged around whether community supports the proposed provisions:
We did:
No existing clause in current Community Amenity Local Law 2015.
Outcome:
Clause added in Draft Community Amenity Local Law 2023.
CA 2023: 97. An owner of land must not advertise, use, or allow to be used, the land for Short Stay Rental Accommodation without a permit.
Reason for change and expected benefit to community
Short-stay accommodation (e.g. entire homes available for holiday rental on AirBnb, Stayz, and other like sites) can cause amenity issues that are difficult to address. As an example, a property may have guests parking illegally resulting in complaints from surrounding properties. Council officers can go out an enforce regularly, but since the vehicles always belong to new and different guests, surrounding residents never see an improvement.
The proposed clause requires owners to apply for a permit to operate short stay accommodation and comply with permit conditions.
You can view the full Community Engagement Summary Report here.
We asked:
You said:
In response to rating the issue:
Themes that emerged from comments:
In response to rating the current regulation:
Themes that emerged around whether community supports the proposed provisions:
We did:
No existing clause in current Community Amenity Local Law 2015.
Outcome:
Tree protection laws will not be included in the Draft Local Law, however we will be doing more work in policy around tree canopy loss and engagement and education of residents, and a tree protection local law may be something that is considered again in the future.
You can view the full Community Engagement Summary Report here.
We asked:
You said:
In response to rating the issue:
Themes that emerged from comments:
In response to rating the current regulation:
Themes that emerged around whether community supports the proposed provisions:
We did:
Existing clause in current Community Amenity Local Law 2015. Clause amended in Draft Community Amenity Local Law 2023
Existing Clause 2015:
CA 2015: Unless permitted to do so under a Planning Scheme applicable to the land, a person must not, without a permit erect or use on any land a temporary structure or building for the sale of goods, or sell goods from a tent or a temporary structure or building erected in contravention of clause 150.1.
Amended clause Draft Community Amenity Local Law 2023:
CA 2023: If directed to do so by an Authorised Officer, the owner or operator of a business operating out of a temporary structure on private land in accordance with the relevant Planning Scheme, or an owner of land where such a business operates, must prepare an Amenity Protection Plan for approval by an Authorised Officer; and not operate or allow the business to operate except in accordance with the approved Amenity Protection Plan.
CA 2023: An authorised officer may only direct a person or business to prepare and comply with an Amenity Protection Plan in accordance with the above clauses if:
The clause in the current Local Law only applies where the Planning Scheme does not allow the use of the land for that purpose. This is somewhat redundant, because if the use of the land for sale of goods was not permitted, it could be enforced under the Planning Scheme.
Council Officers have identified that there are food trucks operating on private land that are not breaching the Planning Scheme (because the use of the land for retail or takeaway food is permitted under the Planning Scheme) but there are occasions where these food trucks negatively impact the surrounding area.
You can view the full Community Engagement Summary Report here.
Five key issues were identified through a comprehensive internal review and an Issues Paper was created.
We tested the Issues Paper at a workshop with our People's Advisory Panel in August 2022.
Community consultation was open for feedback in September 2022 and what you told us helped shape the Draft Community Amenity Local Law 2023.
Read the Draft Community Amenity Local Law 2023, that your input helped develop, and tell us what you think.
Hoppers Crossing Library
Pacific Werribee Shopping Centre
Shop MM11, Level 1, Derrimut Road, Hoppers Crossing
Saturday 25 February 2023
2pm to 3pm
Manor Lakes Community Learning Centre
86 Manor Lakes Boulevard, Manor Lakes
Monday 9 January 2023
1pm to 2pm
Tarneit Community Learning Centre
150 Sunset Views Boulevard, Tarneit
Saturday 14 January 2023
10am to 11am
Apologies this session has been rescheduled to Tuesday 14 February (see further below).
If you were planning to attend this session, please email Emma directly and she is happy to contact you to hear your feedback.
The Grange Community Centre
260-280 Hogans Road, Hoppers Crossing
Wednesday 18 January 2023
10am to 11am
Saltwater Community Centre
153 Saltwater Promenade, Point Cook
Thursday 19 January 2023
11am to 12pm
Wyndham Civic Centre
45 Princes Highway, Werribee
Monday 30 January 2023
9am to 11.30am
Tarneit Community Learning Centre
150 Sunset Views Boulevard, Tarneit
Tuesday 14 February 2023
10am to 11am
Phone | 1300 023 411 |
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mail@wyndham.vic.gov.au | |
Website | www.wyndham.vic.gov.au |
In writing | 45 Princes Highway |
Wyndham City Council recognises Aboriginal and Torres Strait Islander peoples as the first Peoples of Australia. We acknowledge the Bunurong and Wadawurrung Peoples as Traditional Owners of the lands on which Wyndham City operates. The Wadawurrung and Bunurong Peoples have and always will belong to the Werribee Yalook (river), creeks, stars, hills and red clay of this Country. We pay respect to their Ancestors and Elders who always have, and always will, care for Country and community today and for future generations.
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