Council Meeting - 28 Sep 2015 - Report3 - Subdivision ... · 2015 Boroondara City Council...

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Council Meeting Agenda 28/09/15 3 Subdivision Review - Glenferrie and Gardiner Ward Boundaries Abstract Council has been informed that the number of voters represented in the Glenferrie Ward is unlikely to be within 10% of the average voter-councillor ratio for all wards in Boroondara at the time of the council's next general election in 2016. Therefore the Victorian Electoral Commission (the VEC) is required to conduct a subdivision review of Council under the Local Government Act, 1989 (the Act) prior to the 2016 general election. The purpose of a subdivision review is to consider changing ward boundaries to ensure that voter numbers in each ward are within 10% of the average voter councillor ratio across the municipality. It is to be noted that the scope of the review does not extend to Council's electoral structure, the number of councillors, the number of wards, the number of councillors in each ward, or the external municipal boundaries. The VEC has commenced the subdivision review and proposes an adjustment to the Glenferrie and Gardiner Ward boundaries. The VEC proposal is set out in its Preliminary Report at Attachment 1. Officers are recommending that Council support the VEC proposal. Officers' recommendation That Council resolve to write to the Victorian Electoral Commission (VEC) expressing its support for the proposed adjustments to the Glenferrie and Gardiner Ward boundaries as outlined in the VEC's Preliminary Report, 2015 Boroondara City Council Subdivision Review dated Tuesday 1 September 2015 as annexed to the minutes. Document information City of Boroondara Subdivision Review Page 1 of 21

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3 Subdivision Review - Glenferrie and Gardiner Ward Boundaries

Abstract Council has been informed that the number of voters represented in the Glenferrie Ward is unlikely to be within 10% of the average voter-councillor ratio for all wards in Boroondara at the time of the council's next general election in 2016. Therefore the Victorian Electoral Commission (the VEC) is required to conduct a subdivision review of Council under the Local Government Act, 1989 (the Act) prior to the 2016 general election. The purpose of a subdivision review is to consider changing ward boundaries to ensure that voter numbers in each ward are within 10% of the average voter councillor ratio across the municipality. It is to be noted that the scope of the review does not extend to Council's electoral structure, the number of councillors, the number of wards, the number of councillors in each ward, or the external municipal boundaries. The VEC has commenced the subdivision review and proposes an adjustment to the Glenferrie and Gardiner Ward boundaries. The VEC proposal is set out in its Preliminary Report at Attachment 1. Officers are recommending that Council support the VEC proposal.

Officers' recommendation That Council resolve to write to the Victorian Electoral Commission (VEC) expressing its support for the proposed adjustments to the Glenferrie and Gardiner Ward boundaries as outlined in the VEC's Preliminary Report, 2015 Boroondara City Council Subdivision Review dated Tuesday 1 September 2015 as annexed to the minutes. Document information

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Responsible manager: David Thompson

Governance ___________________________________________________________________ 1. Purpose

This report informs Council about the subdivision review being conducted by the Victorian Electoral Commission (the VEC). The VEC proposes adjustments to the Glenferrie and Gardiner Ward boundaries to ensure that voter numbers in the Glenferrie ward are within 10% of the average voter councillor ratio across the municipality. The proposed ward boundaries are illustrated in the map in Attachment 1.

2. Policy implications and relevance to council plan

This report is consistent with the strategy within the Annual Plan 2015-16 to provide open and transparent processes and strong accountability to the community.

The conduct of the subdivision review is governed by the Local Government Act 1989 (the Act).

3. Background

The Act requires the VEC to conduct a subdivision review to ensure the equitable representation of all voters in a municipality. A subdivision review considers adjustments to ward boundaries so that the number of voters represented by each councillor is within 10% of the average number of voters per councillor for the whole municipality. This is known as the ‘equality requirement’.

As population changes affect voter numbers and distribution in subdivided municipalities, one or more wards may be unlikely to meet this requirement at the next general election. A subdivision review considers adjustments to existing ward boundaries so the voter-to-councillor ratio in all wards meets the equality requirement.

The VEC notified the Minister for Local Government that Glenferrie Ward was unlikely to meet the equality requirement at the 2016 general election. The Minister then advised the VEC that a subdivision review of Boroondara City Council was required before the general election.

Scope of review

The subdivision review only considers the location of ward boundaries. A subdivision review cannot consider changes to the number of councillors or wards. These changes are considered in a council’s periodic electoral representation review. The next scheduled representation review for Council will be held before the 2020 general election.

The subdivision review also cannot change the external boundaries of the municipality, divide municipalities, or amalgamate municipalities. These changes can only be made by an Order in Council.

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The VEC approach - developing proposed changes

The VEC proposed changes to ward boundaries are modelled using both population growth data provided by .id (Informed Decisions) Pty Ltd, and voter statistics prepared by the VEC.

Where possible, models developed by the VEC use a ‘minimal change’ approach, so proposed changes affect as few voters as possible. The VEC also considers the following factors in developing proposed changes:

relevant issues identified in the council’s last representation review communities of interest geographic features means of transport and traffic routes and the likelihood of population changes before the next election.

Review timeline

The timeline for the subdivision review is as follows:

1 September 2015 Release of the Preliminary Report and opening of submissions

30 September 2015 Close of submissions to the Preliminary Report

8 October 2015 Public hearing (if required) where members of the public who have nominated to discuss their submission will be given the opportunity to speak for up to 10 minutes.

The hearing is scheduled for 7pm at the Hawthorn Arts Centre but will not be held if there are no requests to speak.

28 October 2015 Release of Final Report containing the VEC's recommendation to the Minister for Local Government.

If accepted, changes to the ward boundaries will take effect at the council elections in October 2016

4. Outline of key issues/options

The Glenferrie Ward is currently out of alignment with the legislative requirements for voter-to councillor equality, and would continue to be outside the tolerance for the October 2016 election in its current form, boundaries need to be changed to reduce the number of voters in the ward.

The VEC is putting forward a proposal that they consider to have the least impact on the community.

VEC proposal

The VEC’s Preliminary Report (Attachment 1) proposes to adjust the boundary between Glenferrie and Gardiner Wards at the south-eastern corner of Glenferrie Ward, which currently runs east-west along Riversdale Road to Auburn Road.

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The proposed new boundary will run north-south at the intersection of Glenferrie Road and Riversdale Road, and east-west along Urquhart Street to the intersection of Auburn Road.

The new boundary proposed by the VEC ensures Glenferrie Ward meets the equality requirement and population statistics show Gardiner Ward can accommodate the increase of 916 voters.

Officer analysis

Officers are of the view that the change proposed by the VEC is clear and low impact as the affected area does not contain significant commercial districts, schools or other social infrastructure.

Further, the proposed boundary does not change the character of the re-shaped wards, and simply transfers a small part of the suburb of Hawthorn from Glenferrie Ward to Gardiner Ward, which is already split between the two wards.

Officers are therefore recommending that Council support the VEC's proposed adjustments to the Glenferrie and Gardiner Ward boundaries.

5. Consultation/communication

The VEC has published notices in the following newspapers notifying the community of the proposed changes and inviting feedback:

Progress Leader, Tuesday 1 September 2015

The Age, Tuesday 1 September 2015

The Weekly Review - Stonnington & Boroondara, Wednesday 2 September 2015

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Public input is accepted via:

written submissions to the preliminary report. The deadline for the VEC accepting response submissions is 5pm on Wednesday 30 September 2015; and

a public hearing for people to speak about their submission. This is scheduled to take place at 7pm on Thursday 8 October in the Zelman Room at the Hawthorn Arts Centre. If no requests are made to speak at the public hearing, the hearing will not be held.

Both the Council and VEC website encourage the community to have a say on the proposed ward boundary changes.

The Boroondara Noticeboard on page 13 of the Progress Leader informs the community of the proposed changes and invites feedback.

A copy of the preliminary report has also been made available for public inspection at the Camberwell and Hawthorn office of the Council during normal office hours.

6. Financial and resource implications

The conduct of the subdivision review will be funded from Council’s adopted 2015-16 budget. It is anticipated the cost will be $13,500.

There are a number of administrative updates required following the change to ward boundaries including:

changes to Council's rating database; and changes to various maps and diagrams in publications and on Council's

website.

It is anticipated that the changes can be undertaken in-house within existing resources.

7. Governance issues

The implications of this report have been assessed and are not considered likely to breach or infringe upon, the human rights contained in the in Victorian Charter of Human Rights and Responsibilities Act 2006.

The officers responsible for this report have no direct or indirect interests requiring disclosure.

8. Social and environmental issues

There are no environmental/social impacts arising as a direct result of this report.

Manager: David Thompson, Governance Report officers: David Thompson, Manager Governance

Andrew Dowling, Coordinator Governance

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Preliminary Report2015 Boroondara City Council Subdivision ReviewTuesday 1 September 2015

Attachment 1

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Contents

1 Summary of proposed changes .................................................................................................. 4

2 Review background .................................................................................................................... 5

2.1 Legislative basis ................................................................................................................... 5

2.2 Scope ................................................................................................................................... 5

2.3 The VEC’s approach ............................................................................................................ 6

3 Review timeline ........................................................................................................................... 7

4 Current review ............................................................................................................................. 8

4.1 Council background .............................................................................................................. 8

4.2 Proposed changes ............................................................................................................. 10

5 Public involvement .................................................................................................................... 12

5.1 Submissions ....................................................................................................................... 12

5.2 Public hearing ..................................................................................................................... 13

Appendix: Proposed ward boundaries map ................................................................................. 14

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1 Summary of proposed changes

The Victorian Electoral Commission proposes adjustments to the boundaries of the following

wards within Boroondara City Council:

Glenferrie Ward

Gardiner Ward

Proposed ward boundaries are illustrated in the map in the Appendix.

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2 Review background

2.1 Legislative basis

The Local Government Act 1989 (the Act) requires the Victorian Electoral Commission (VEC) to

conduct a subdivision review to ensure the equitable representation of all voters in a municipality.

A subdivision review considers adjustments to ward boundaries so that the number of voters

represented by each councillor is within 10% of the average number of voters per councillor for

the whole municipality. This is known as the ‘equality requirement’.

As population changes affect voter numbers and distribution in subdivided municipalities, one or

more wards may be unlikely to meet this requirement at the next general election. A subdivision

review considers adjustments to existing ward boundaries so the voter-to-councillor ratio in all

wards meets the equality requirement.

Subdivision reviews only apply to subdivided councils:

that are not scheduled for an electoral representation review before the next general

election and

where, two years before the council is to hold a general election, the VEC considers one

or more wards are unlikely to meet the equality requirement at the time of the next

general election.

The VEC notified the Minister for Local Government that Glenferrie Ward was unlikely to meet

the equality requirement at the 2016 general election. The Minister then advised the VEC that a

subdivision review of Boroondara City Council was required before the general election.

2.2 Scope

A subdivision review only considers the location of ward boundaries. A subdivision review cannot

consider changes to the number of councillors or wards.

These changes are considered in a council’s periodic electoral representation review. The next

scheduled representation review for Boroondara City Council will be held before the 2020

general election. An earlier review may take place if required.

A subdivision review also cannot change the external boundaries of the municipality, divide

municipalities, or amalgamate municipalities. These changes can only be made by an Order in

Council.

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2.3 The VEC’s approach

Developing proposed changes

Proposed changes to ward boundaries are modelled using both population growth data provided

by .id (Informed Decisions) Pty Ltd1, and voter statistics prepared by the VEC.

Where possible, models are developed using a ‘minimal change’ approach, so proposed

changes affect as few voters as possible.

The VEC also considers the following factors in developing proposed changes:

relevant issues identified in the council’s last representation review

communities of interest

geographic features

means of transport and traffic routes and

the likelihood of population changes before the next election.

Public involvement

The VEC welcomes public feedback on the proposed changes, which is carefully considered

when preparing the subdivision review final report. Public input is accepted via:

written submissions to this preliminary report and

a public hearing for people to speak about their submission.

Submissions are an important part of the process, but are not the only consideration during a

review. The VEC ensures its recommendations are in compliance with the Act and are formed

through careful consideration of public input, independent research, and analysis of all relevant

factors.

1 .id is a company specialising in population and demographic analysis that builds suburb-level demographic information products in most jurisdictions in Australia and New Zealand.

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3 Review timeline

Tuesday1 September

Subdivision review preliminary report released

The VEC models ward boundary changes and presents the proposed changes in this report. The report is publicly available from the VEC by visiting vec.vic.gov.au or calling 131 832 and also for inspection at Council offices.

Advertisements are also placed in the following newspapers notifying the public of the proposed changes:

Progress Leader, Tuesday 1 September

The Age, Tuesday 1 September

The Weekly Review - Stonnington & Boroondara, Wednesday 2 September

Submissions open

The VEC accepts written submissions from the public at the release of the preliminary report. All submissions are carefully considered and taken into account before the subdivision review final report is released.

Wednesday30 September

Closing date for submissions

Submissions must reach the VEC by 5.00 pm on this date.

Thursday8 October

Public hearing

A public hearing is scheduled to be held at 7.00 pm on Thursday 8 October in the Zelman Room, Hawthorn Arts Centre, 360 Burwood Road, Hawthorn.

Members of the public who have nominated to discuss their submission will be given the opportunity to speak for up to 10 minutes.

The hearing will not be held if there are no requests to speak.

Wednesday28 October

Subdivision review final report published

Following the public hearing, the VEC considers all available evidence and publishes a final report with recommended changes to ward boundaries for the Minister for Local Government. The report is publicly available from the VEC and also for inspection at Council offices.

If the recommendation is accepted, the modified ward boundaries will take effect at the October 2016 general election.

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4 Current review

4.1 Council background

Council profile

The City of Boroondara is located five kilometres east of Melbourne’s central business district,

and is bounded by the Yarra River to the north and west. The municipality covers an area of 60

square kilometres, encompassing the suburbs of Ashburton, Balwyn, Balwyn North, Camberwell,

Canterbury, Deepdene, Hawthorn, Hawthorn East, Kew, Kew East and parts of Glen Iris, Surrey

Hills and Mont Albert. The municipality is home to many educational institutions, including

Swinburne University of Technology.

The City of Boroondara has a high level of education and occupational status compared with

Victoria as a whole.2 Compared to Greater Melbourne, the municipality has a higher proportion of

people employed in professional and technical services and a slightly lower unemployment rate.3

The City of Boroondara experienced a slight peak in average annual population growth of 1.1%

between 2011 and 2016, and is now projected to grow at an annual average rate of 0.8% to

2031.4 The municipality is largely residential in character, and has a higher concentration of

medium and high-density dwellings to the west, in the suburbs of Kew, Hawthorn, Hawthorn East

and parts of Camberwell and Balwyn. The rate of approvals for dwellings other than houses has

been increasing steadily since 2010, rising from around 400 approvals in 2004–05 to over 1,200

in 2013–14.5

Electoral structure

Boroondara City Council currently consists of 10 councillors elected from single-councillor wards.

Diagram 1 details this structure and voter statistics by ward.

2 Australian Bureau of Statistics, Index of Education and Occupation, 2011. 3 Australian Bureau of Statistics, Census data, 2011. 4 Victorian Government, Victoria in Future 2014: Population and household projections to 2051.5 Australian Bureau of Statistics, Building approval trends, available at boroondara.vic.gov.au/our-city/all-about-boroondara-social-statistics/housing#BPDs.

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Diagram 1: Boroondara City Council electoral structure and voter statistics as at 3 July 2015.

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Voter numbers

Table 1 shows the number of voters in each ward as at 3 July 2015, ranked by the percentage

this deviates from the average number of voters per councillor for the whole municipality.

Table 1: Voter numbers per ward

Ward Councillors Voters Deviation (%)

Glenferrie 1 14,115 +12.25

Maranoa 1 11,642 -7.41

Bellevue 1 11,944 -5.01

Junction 1 13,043 +3.73

Maling 1 12,341 -1.85

Cotham 1 12,386 -1.5

Gardiner 1 12,531 -0.34

Solway 1 12,592 +0.14

Studley 1 12,590 +0.13

Lynden 1 12,558 -0.13

Total for municipality 10 125,742

The table shows that Glenferrie Ward is recording a deviation beyond the 10% tolerance allowed

by legislation. The VEC’s projected enrolment data shows that this deviation will continue to

increase in the lead-up to the general election in October 2016. Glenferrie Ward’s boundaries

need to be adjusted to fulfil the equality requirement.

4.2 Proposed changes

As Glenferrie Ward is currently out of alignment with the legislative requirements for voter-to-

councillor equality, and would continue to be outside the tolerance for the October 2016 election

in its current form, boundaries need to be changed to reduce the number of voters in the ward.

There are several ways to do this; the VEC is putting forward a proposal that is considered to

have the least impact on the community.

The VEC’s proposal adjusts the boundaries and voter numbers of both Glenferrie and Gardiner

Wards. The proposed model alters the boundary at the south-eastern corner of Glenferrie Ward,

which currently runs east-west along Riversdale Road to Auburn Road. The proposed new

boundary will run north-south at the intersection of Glenferrie Road and Riversdale Road, and

east-west along Urquhart Street to the intersection of Auburn Road.

This adjustment will ensure that the number of electors in Glenferrie Ward meets the equality

requirement. Population statistics for Gardiner Ward show that it is easily able to accommodate a

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small number of voters (916, or 0.72% of total voters) from Glenferrie Ward and remain

comfortably within the voter-to-councillor average as required.

The proposed new boundary retains the structure of the council of 10 councillors in single-

councillor wards. The proposed boundary is clear and easy to identify, running along Glenferrie

Road and Urquhart Street, with little or no change to local commercial districts, schools and other

social infrastructure in Glenferrie and Gardiner Wards. The proposed boundary does not change

the suburban character of the re-shaped wards, as it does not add or remove parts of other

suburbs. The proposed changes simply transfer a small part of the suburb of Hawthorn from

Glenferrie Ward to Gardiner Ward, which is already split between the two wards.

The proposed ward boundary changes are illustrated in the map in the Appendix.

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5 Public involvement

5.1 Submissions

Any person or group, including the Council, can make a submission to the VEC in response to

the proposed ward boundary changes contained in this report.

The submission should clearly outline your views on the proposed changes.

Submissions are considered based on argument and evidence. The VEC does not make

recommendations based on a ‘straw poll’ of the number of submissions supporting a particular

point of view.

Making a submission

Submissions can be made via:

the online submission form at vec.vic.gov.au

email at [email protected]

post to:

Victorian Electoral Commission

Level 11, 530 Collins Street

Melbourne VIC 3000

fax to (03) 9629 8632

Submissions must be received at the VEC by 5.00 pm on Wednesday 30 September.

The VEC can only accept submissions that include a full name, address and contact number.

Public access to submissions

To ensure transparency in the subdivision review process, all submissions will be available for

public inspection at:

the VEC website at vec.vic.gov.au and

the VEC office at Level 11, 530 Collins Street, Melbourne.

The VEC will remove personal information such as address, phone number, and signature, if

applicable, from all public copies. However, the full name and locality of submitters will be

displayed.

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5.2 Public hearing

Individuals or groups who have made a submission can speak at a public hearing. The public

hearing is scheduled to be held at 7.00 pm on Thursday 8 October in the Zelman Room,

Hawthorn Arts Centre, 360 Burwood Road, Hawthorn.

You must indicate in your response submission if you wish to speak at the public hearing. The

hearing will not be held if there are no requests to speak.

Following the public hearing, the VEC considers all available evidence and publishes a final

report with recommended changes to ward boundaries for the Minister for Local Government.

The report is scheduled to be published on Wednesday 28 October.

If the recommendation is accepted, the modified ward boundaries will take effect at the October

2016 general election.

The final report will be available at vec.vic.gov.au or by calling 131 832 and also for inspection at

the offices of Boroondara City Council.

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Appendix: Proposed ward boundaries map

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Victorian Electoral Commission

Level 11, 530 Collins Street

Melbourne VIC 3000

131 832

[email protected]

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