The Tribunal also agreed in this case in a reduction in the Public Open Space contribution from 5% to 2%. 20896, Annual Report 2017/18 - The Age - 19 September 2018, Notice of Tender - Floodlighting Upgrade - Contract No. Tell us your email address and we'll email you when this page is updated in any way. Instead they applied for and received a second subdivision permit that contained a public open space requirement that they paid. 20892, Notice of Tender - Oval Reconstruction - Contract No. This case involved the re-subdivision or restructure of existing titles within the Shire of Yarra Ranges. Melbourne Council sets open space contributions at 5 per cent of the value of the land being developed, or 7.06 per cent in high-growth areas. The information you provide on this form is being collected by Maroondah City Council for the strict purpose of conducting Council business. A schedule of materials, colours and finishes of external surfaces, including roofs, walls, fences and garages. 0000074734 00000 n A site plan that clearly shows the location and numbering of each tree. A Design Response to the Neighbourhood and Site Description as described byClause 55.01-2 of the Maroondah Planning Scheme. 20975, Pavilion redevelopment - contract no. 2.2 The Concept of Acquiring Open Space As a first priority, Council will seek to ensure that Open Space is supplied for residents of the new estate. Amendment C169 proposed to increase the public open space requirement for subdivisions of 3 lots or more to 10% cash, 10% land, or a mix of both. In our view this invitation ought be taken up by Councils to support a submission to the Minister for Planning that this issue be resolved by amending section 18(1A) to correct the position in line with the minority judgment of Redlich JA. The Open Space Strategy is Council's plan to provide more open space for our growing community. Issues specific to specific age groups, local communities, changing social patterns . has no material detrimental effect upon owners or occupants of adjacent properties in the locality. In so doing the Tribunal determined that the application was correctly exempted from public notification and that the exemption for removal of restritive covenant includes exemption from the lesser act of varying a restrictive covenant in respect of a development in existence for more that two years. This case involved the review of conditions placed on a permit for a specialist medical clinic in Croydon in Maroondah City Council. The Monash Planning Scheme requires a public open space contribution of between 2% and 5% depending on the number of lots . Ringwood VIC 3134, 179 Maroondah Highway Date post: 10-Aug-2020: Category: Documents: Author: others View: 0 times: Download: 0 times: Download Report this document. In some cases this is not clear and youmay need to check the parent title and have a solicitor check this on your behalf. The Tribunal overturned the decision of the Shire of Yarra Ranges and ordered that a permit should issue allowing for the variation of a single dwelling covenant. Essendon Vic 3040. This means that if you are further subdividing you may be exempt from this payment, because the contribution can only be made once. Recommend measures necessary to protect the trees throughout all demolition and construction stages. Ringwood VIC 3134, 179 Maroondah Highway Swimming pool and spa registration and fencing compliance requirements, Community celebrations. The Permit Applicants sought a review of that condition, and claimed that pursuant to Cl.52.01 of the Maroondah Planning Scheme a two lot subdivision was exempt from a contribution . _ [Content_Types].xml ( Uj0F+'.iZd;$5l3oi0Z"Y@.KJfky`IDa(!f0^{ US#^{!xY,1pNV|o_xZScR H;.UZ$HLVw%4!iTDxE"4RKik4r2*zv;7ol("hc`UKG@GNyuC+!jO@DV{\g:^ pp&k"60gX80ngkNH_ey PK ! Notations or details of any tree protection zones or similar recommended by an appropriately qualified arborist. In this case the Tribunal granted a permit for 3 new dwellings and a four lot subdivision in Mt Evelyn overturning the refusal of the Shire of Yarra Ranges. Indeed the usefulness of such systems for stormwater detention is secondary to their primary role in the more efficient usage of water.. Level 3: Council meetings. 20988, Kinder redevelopment - contract no. Your Javascript is disabled. 20887, Notice of Tender - Floodlighting Upgrade - Contract No. site shape, size, orientation and easements. The current threshold is indexed annually from the 2015 base of $1 million. Level 3: Upcoming council and committee meetings. Aboriginal Cultural Heritage Management Plans, Pre Building Permit Due Diligence Uncovers Implied Easement, Website & Online Marketing by Essendon Creative. Millar Merrigan successfully argued against the conditions requiring a sealed car park and a restriction on the number of practitioners. man loses head in motorcycle accident 2020 Best Selling Author and International Speaker. Overall building height from natural and finished ground level. )+0/vUEY$[Vd'm[dj]oFw"J;/vi%;($4Qw_urx%2;~j/L%x# e~8*wyrl.byZ_9N(PF}7rciRWjx]q3&2wsz4< TQsfumQR]1~K8,p79,w{}~zt8.w94)|#(4Nsyw??%y2h~1tp~NV~-E}s{!yw5}-sTw+p78. paying a percentage of the overall site value of the land (payment to go towards buying or improving existing public open spaces) a combination of both of the above. Restrictive Covenants. 0000044006 00000 n It is our role to support and manage the growth and development of our city, through working closely with the community, local industry planners and developers. Council Offices 25 Ferres Boulevard South Morang VIC 3752 Australia (03) 9217 2170 info@whittlesea.vic.gov.au. Yes, public open space contributions are also payable when land is being subdivided. The information you provide on this form is being collected by Maroondah City Council for the strict purpose of conducting Council business. Show how protected/retained tree/s will remain viable under the proposed plans, and suggested remedial works to reduce any adverse impacts to any significant trees. Successfully incorporated the 5.7% developer contribution rate for open space into the Schedule to Clause 53.01 in the Maribyrnong Planning . Maroondah Open Space Policy(pdf,306KB), Maroondah Open Space Policy(docx,47KB). The project must have a clear Maroondah focus. 0,00 . 20878, Adoption of Council Plan 2017-2021 (2018/19 Update) and Budget 2018/2019, Ringwood East Shopping Centre Proposed Declaration of Special Rate Scheme, Draft Maroondah Affordable and Social Housing Policy & Draft Maroondah Gambling Policy, Maroondah City Council Extraordinary Vacancy - Maroondah Leader - 3 July 2018, Notice of Tender - Pool Boiler Replacement - Contract No. A currentMetropolitan Planning Levy (MPL)Certificate must be submitted with applications with an estimated cost of development over thecurrent levythreshold. civic forecourts and plazas. Registrations now open! The land is zoned Green Wedge (GWZ2). Improvements to the quality, number and accessibility of our open spaces will enhance our city's liveability. Tell us your email address and we'll email you when this page is updated in any way. For businessFor businessClose dropdownSupport and resources for your businessMarketing and business supportProfile of Boroondara customersPermits and registrations for your businessStart and grow a businessEconomic Development and Tourism PlanBusiness news and eventsBusinesses and environmental sustainabilityRegister a new food businessJoin . Murrindindi Shire Council. You will be able to unsubscribe at any time. Level 4: University Square - creating a 21st century park. "Hw"w P^O;aY`GkxmPY[g Gino/"f3\TI SWY ig@X6_]7~ In our opinion, the reasoning of the majority of the Court is strained and ultimately lead to an erroneous ruling which ran counter to the commonly held view which had invariably been applied in the past. You have topay this levyif the estimated cost of the development is more than thecurrent levythreshold. Practice note 70 provides guidance to councils on how to prepare an open space strategy. Any access to the information, amendments that may be required or any privacy enquiries may be directed to Council's Privacy Officer & Health Records Officer on, Swimming pool and spa registration and fencing compliance requirements, Community celebrations. Recommendations to amend plans and minimise adverse impacts on protected trees during demolition and construction. Floor plans of proposed buildings or works on the site (proposed alterations and additions to existing buildings to be highlighted). Exactly, statement of compliance for the subdivision cannot be issued until contributions are paid. Key highlights from Council's Budget 2022-23 include: Operating revenue of $256.98 million (excluding developer contributions, non-monetary assets and non-recurrent capital grants) Operating expenditure of $245.39 million ), Superannuation, SMSF & Personal Insurance, Developer Tax Services - GST, Tax & Structure Advice, Property Podcast: Australian Property Talk >>, Tweets from https://twitter.com/PropertyChatAU/lists/business-members, Strategies to fight inflation and rate rises. 20875, Footpath Construction - Contract No. Other planning scheme controls can also affect your proposal. Copyright 2023 Millar & Merrigan Pty Ltd. 17 Woodland Avenue & 21 Penhyrn Avenue, Croydon, 11 Allendale Road and 32 Lindisfarne Avenue, Croydon, Van Der Zweep v Maroondah CC [ 2007] VCAT 1806, Mutton Nominees v Casey CC [2002] VCAT 1220, TSA Architects v Boroondara CC [2007] VCAT 2334, Aaltonen v Yarra Ranges SC [2005] VCAT 1308, Harris v Yarra Ranges SC [2005] VCAT 1076, Hawley v Yarra Ranges SC [2007] VCAT 2318, Johnson v Yarra Ranges SC [2007] VCAT 775, Bensen Development Pty Ltd v Monash CC [2005] VCAT 194. %PDF-1.5 Now $92 (Was $118) on Tripadvisor: Hotel Adlerbrau, Gunzenhausen. Provide a basis for allocation of funding resources towards open space projects. Mutton Nominees v Casey CC [2002] . The majority of contributions will be cash in lieu of land, however a land contribution may be required in certain circumstances. But place was clean and with windows open cool enough to sleep. Please note that additional shadow information may be required to assist in determining whether compliance with. x=r?LY0[*[qjvJ Q4 933 ir(yjb^|4ay?/?._~,)7ot$He,`"%4dRK~|~,`,d3D?$aWxoKY|2?,'AXY . Local Schools & Universities. Brownhill Homes is a locally renowned, family-owned Melbourne building company specialising in knockdown rebuilds and new custom homes. Natural ground level and finished ground level. 20920, Notice of Intention to Sell Land - 45, 47 and 49 Eastfield Road, Ringwood East, Golf cart path construction - Contract no.20921, Project management services - Car park redevelopment EOI - Contract no. The current default rate for public open space . A traffic report for larger scale developments. PO Box 156 New landscaping that is proposed within the open areas of the site. A Sustainable Design Assessment (SDA) for 10-14 new dwellings or a Sustainability Management Plan (SMP) for 15 or more new dwellings (SMP) . Select Maroondah on the. Completed in 2010, the strategy identifies a number of projects trailer << /Size 57 /Info 30 0 R /Root 33 0 R /Prev 146144 /ID[<0ca8677591c984d28fb8f64c5e795e70>] >> startxref 0 %%EOF 33 0 obj << /Type /Catalog /Pages 29 0 R /Metadata 31 0 R /PageLabels 28 0 R >> endobj 55 0 obj << /S 202 /L 288 /Filter /FlateDecode /Length 56 0 R >> stream Ensure that recreation and open space is a central element in Yarra Range's land-use planning. The contribution is set by the Council's Planning Scheme, or where nothing is specified it is 5%. Hume Council collects open space contributions for both its established areas and its growth areas as part of the subdivision process. Would you be ecstatic too? That equates to a huge$50,000 on land valued at $1M! The responsible authority may waive or reduce the requirement for a Design Response if it is not relevant to the evaluation of the application. 3c} Q word/document.xml}]o w_I:_8vt`0c! Thecontribution will be specified in the planning permit conditions. It does not include school grounds. Align directions of open space provision with the Maroondah 2040 Community Vision. 0000007359 00000 n There is an expectation that representatives from successful organisations will attend the grant presentation evening in late July 2023. Waste & Environment . In overturning the City of Maroondahs objection to the system that substituted rainwater tanks connected for flushing toilets and outdoor use for a conventional underground detention system, the tribunal accepted the modelling using the PURRS simulation model and the evidence of Professor Peter Coombes. An open space strategy is a strategic approach for planning the current and future uses of open space within a municipality. Quantity of contribution to be paid Following the Supreme Court of Appeal decision Maroondah CC v Fletcher and Minister for Planning [2009] VSCA 250 35 VPR 148, it has been firmly established that the amount of public open space to be contributed is not in issue in circumstances where set amounts are specified in the Cl.52.01 schedule. Level 3: Meetings archive. Planning application fees apply and must be paid with your application. Waterways and green assets such as trees, biodiversity and open space are protected through measures embraced by the Maroondah . In this case the tribunal agreed that a reduction in car parking was warranted given the specialist nature of the clinic and the availability of public transport. 20886, Preparation of Council Plan 2017-2021 (2018/19 Update) and Budget 2018/2019, Notice of Tender - Pavilion Redevelopment - Contract No. 20964, Carpark lighting installation - contract no. 20942, Depot waste collection services - contract no. Email: customer@murrindindi.vic.gov.au. 20948, Cleaning services for MFE and Wyreena - contract no. In some cases when land has been originally subdivided the developer has provided council land to be used for public purposes in lieu of the paying the open space contribution fee. The contribution of 4% was calculated by estimating the land area likely to be redeveloped due to anticipated population growth in each suburb and multiplying that by the average residential land value in each suburb, to estimate that the total value of land to be developed across the 15-year strategy is almost $700 million, which is $42 million per year and this is based on just Whitehorse alone!!! L1 / 1134c Mt Alexander Road Maroondah City Council is committed to protecting your privacy as prescribed by the Privacy & Data Protection Act 2014 and the Health Records Act 2001. The proposed development should take into consideration: A development must meet the requirements ofClause 55 (ResCode) of the Maroondah Planning Scheme. derives from and responds to the Neighbourhood and Site Description, relates to any neighbourhood character features for the area identified in a local planning policy or a Neighbourhood Character Overlay. According to clause 52.01 Planning Scheme and Section AND Section 18 of the Subdivision Act 1988: A public open space contribution may be made only once for any land to be subdivided. bit chnh xc bn phi tr bao nhiu % cho Council ca mnh th bn nn lin lc . The contribution amount is based on the proposed increase in the number of dwellings on a site for residential land, or on the increased commercial or industrial floor area. Subdivisions are exempt from a contribution if the subdivision subdivides land into . . In 2020 Council conducted a 5 year review of the Open Space Strategy to identify what improvements have been completed, what actions are in progress, and what remains to be done from the Strategy. In so doing comment was made on the Councils policies that recognise the need to provide more diverse forms of housing given the changing nature of household types and the trend to a reduction in the number of persons per household. . Why Landscaping Should Be Part of Your New Home Build. 14 (General Amendment) - The Age - 8 December 2018, Notice of Approval of Amendment - Amendment C95, Notice of Approval of Amendment - Amendment C96, Notice of Approval of Amendment - Amendment C97, Notice of Approval of Amendment - Amendment C104, Electrical Wire Clearance Program Notification - Areas T06 & T07, Ringwood, Notice of Intention to Sell Land - 22- 26 Loughnan Road Ringwood North, Operations Centre Redevelopment - Contract No.20915 - The Age, Cleaning Aquanation and Aquahub, Contract no. Failure to provide the information requested may make you ineligible to receive the service or be part of an event/function that is the subject of this form. This means that if you are further subdividing you may be exempt from this payment, because the contribution can only be made once. The following are a selection of significant VCAT decisions for projects that Millar Merrigan have been involved in. A Landscape Concept Plan (fully dimensioned and to scale). Setbacks of buildings from driveways where this is less than 1.5 metres. the location of boundary fences where these do not match the title boundaries. 14 - Submissions Invited - The Age - 5 September 2018, Notice of Tender - Cleaning Ringwood & Dorset Golf - Contract No. The title boundaries and dimensions of the site. maroondah council open space contributiongriffin park demolishedgriffin park demolished These separate contributions are used to help improve public open space across Banyule. Our client John had a property in Ronald Avenue North Altona. Ate dinner at the restaurant -- traditional Franconian dishes, delicious. Total: 827 (members: 79, guests: 539, robots: 209), Copyright Property Chat Pty Ltd ABN 11 606 247 134, SUBDIVISION ACT 1988 - SECT 18 Council may require public open space, VALUATION OF LAND ACT 1960 - SECT 2 Definitions, (You must log in or sign up to reply here. 2% for land outside of the FMAC for lots that are 1001sqm or greater. The tribunal upheld the Councils decision to impose a 5% public open space contribution and provided some useful guidance on utilising 173 agreements to render a further subdivision unlikely. Its worth investigating! Species, height and canopy width of the vegetation to be removed and retained. You can apply for a planning permit online or in writing. National Relay Service TTY call 133 677 Planning. In short, it means that if a developer has already made that contribution, you may not have to. The name 'Maroondah' was taken from two Aboriginal words - meaning "throwing" and "leaf" - symbolising the green . Planning on building a new home or commencing any kind of building project any time soon? Fill out the form to download and discover whether a knockdown rebuild is right for you. This field is for validation purposes and should be left unchanged. Drawing from the Maroondah Community Vision 2040 key directions, the strategy aligns with the vision through 15 key policy positions established to guide and underpin decision making regarding open space in Maroondah. Finished site levels (particularly in private open space areas). Fields marked as 'Required' must be completed. The Payment is collected by the Subdivision Officer. About Council. Contact Council on 1300 88 22 33 or 9298 4598, online at maroondah.vic.gov.au email maroondah@maroondah.vic.gov.au or visit one of our service centres. open space contribution under section 18 of the Subdivision Act 1988: Whether, on the facts of the case, there will be a need for more open . CHALG+}!sz?8H$xS\H+nGi[Q\x1} w!ANi/v PK ! A Construction impact assessment comprising: The percentage encroachment into all Tree Protection Zones (TPZ) by the proposed development. Floor plans for all levels dimensioning setbacks from all the title boundaries, finished floor levels and the location of buildings on adjoining properties. The tribunal also agreed with our arguments that a sealed concrete or bitumen car park would be an overdesign and that a gravel car park as proposed provided benefits in reducing the quantity of stormwater runoff allowing infiltration into the garden which is a more environmentally friendly and sustainable solution. The metropolitan planning levy is ($2357 x $1.30) = $3064.10. 20922, Adoption of Council Plan 2017-2021 (2019/20 Update) and Budget 2019/20, Notice of intention to discontinue road and sell land, Amenities refurbishment - contact no. 20967, Design and construct multi-deck carpark - EOI - contract no. location of existing buildings on the site and on surrounding properties, including the location and height of walls built to the boundary of the site. A vehicle swept path analysis from a qualified traffic engineer to demonstrate convenient vehicle movements within the site. Beds were firm, pillows small, and no A/C. Level 4: Open Space Opportunities in North and West Melbourne. 20904, Local Law No. This provides: A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the Location of mailboxes, meter boxes and clotheslines. Council agreed, and he saved $40,000. The policy is applicable across all of Maroondah's owned and managed open space land and assets. As many developers know, councils request a massive 5% of the land value as open space contribution fees upon subdivision. Join Australia's most dynamic and respected property investment community. This necessarily means that, amongst other things, local planning policy on open space, any adopted open space strategy and steps taken to improve and enhance public open space will all be critical factors to raise in support of the imposition of any open space contribution from subdividers. Penalties can apply if development proceeds without a permit. It will accordingly continue to be necessary for a Council to show, by reference to the factors in paragraphs (a) to (f) of section 18(1A) that, as a result of the subdivision, 'there will be a need for more open space'. So the trick then is to check the title and subdivision plan to see whether the developer has provided part of the subdivision for council public open space purposes. Failure to provide the information requested may make you ineligible to receive the service or be part of an event/function that is the subject of this form. bedroom etc. VCAT determined that a public open space contribution should be limited to one lot only in this subdivision in the Maroondah City Council. Currently Council requires a public open space contribution of between 2% and 5% depending on the number of lots created. leonard williams spotrac;. A plan reference name, reference number, version number, date of version and version update details including date and reason for update. PO Box 156 North point (preferably oriented to the top of the plan). Was he happy! comfortable, friendly, clean, excellent restaurant . % It was generally agreed that the proposal met applicable Rescode Standards. We think you would. 20976, High voltage relocation - contract no. The Maroondah Open Space Policy establishes Council's position in relation to the engagement, planning, development, management and promotion of its open space environments and assets. Allocate and manage open space contribution As many developers know, council's request a massive 5% of the land value as open space contribution fees upon subdivision. The Maroondah Open Space Policy is applicable across all City of Maroondah owned and managed open space landholdings and assets. Show where the loss of TPZ (if any) will be made up in a location that is contiguous with the TPZ. 20978, Notice of the preparation of an amendment - Amendment C142maro, Manage and operate MFE Cafe - EOI - Contract no.20853, Pavilion redevelopment - contract no. So the trick then is to check the title and subdivision plan to see whether the developer has provided part of the subdivision for council public open space purposes. The information you provide on this form is being collected by Maroondah City Council for the strict purpose of conducting Council business. Croydon Croydon Library, Civic Square . Your Javascript is disabled. citizenship and awards, Engineering Development Design Guidelines, Objections or submissions to planning applications, Heathmont Activity Centre Planning Scheme Amendment C97, Ringwood East Activity Centre Planning Scheme Amendment C96, Amendment C145maro: 35 Alto Avenue Croydon - Interim Heritage Controls - (Former C141maro), Amendment C142maro 35 Alto Avenue Croydon-Heritage Overlay HO147, Amendment C134maro Ringwood Greyfield Precinct, Amendment C136maro Croydon South Greyfield Precinct, Amendment C137maro - Introducing an Environmentally Sustainable Design (ESD) Local Planning Policy, Ringwood East Activity Centre Structure Plan, Building permit for swimming pools and spas, Onsite Wastewater Management Systems (Septic tank system), Onsite Wastewater Management System maintenance, Property information and building approval particulars, Ringwood Metropolitan Activity Centre Urban Design Manual, New footpaths and the Principal Pedestrian Network, Brentwood Park Stormwater Retarding Basin Overflow Channel Landscaping, Reformed Commercial and Residential Zones for Victoria, Coolstore Road level crossing and Croydon Station upgrade, Sustainability engagement and partnerships, Eastern Alliance for Sustainable Learning (EASL), Making environmental sustainability happen, Clause 55 (ResCode) of the Maroondah Planning Scheme, Clause 55.01-2 of the Maroondah Planning Scheme, Copy of Property Titles (including covenants, complies with the relevant provisions of the Maroondah Planning Scheme and Neighbourhood Character. You can use our calculator to estimate the approximate levy amount for your proposed development. 20890, Notice of Intention to Sell Land - The Age - 15 August 2018, Notice of Tender - Footpath, Kerb & Channel Works - Contract No. A One-Stop Digital Platform for Australian Property Investors. Open space is all publicly owned land mostly used for recreation, outdoor enjoyment and nature conservation. Embed the Recreation and Open Space Strategy in the Yarra Ranges planning scheme including the revised Municipal Strategic Statement. 20888, Notice of the Preparation of an Amendment - Amendment C104 - Maroondah Leader - 29 May 2018, Notice of Tender - Building Upgrade Works - Contract No. On 20 May 2010 VCAT (constituted by Deputy President Gibson) in the above mentioned case brought a long saga to an end, by ruling that the applicant must pay to Council a public open space contribution of 5% of the site value - this being the fixed amount . private open space. The sill height of any proposed raised sill or highlight windows dimensioned from the relevant floor level. 0. The impact the proposal will have on the health and structural integrity of protected and retained trees. 0000041251 00000 n Demand for public open spaceis growing as the population and consequently development, increases. Australia. endobj The City of Maroondah is a local government area in Victoria, Australia in the eastern suburbs of Melbourne.Maroondah had a population of 117,498 in June 2018. Your information will not be disclosed to any external party without your consent, unless Council is required or authorised to do so by law. <> Developing Maroondah Council focuses on sustainable approaches to infrastructure development and urban design, as well as ensuring housing opportunities and transport are in line with our community's vision . Parks & Playgrounds. See further information on, call Statutory Planning on 1300 88 22 33 or 9298 4598, postal address: Maroondah City Council, PO Box 156, Ringwood, 3134. The Tribunal provided a commentary on covenant variations and the assessment of perceived detriment. For the best website experience, please enable JavaScript in your browser. An application for subdivision may attract a requirement for a Public Open Space contribution. You will be able to unsubscribe at any time. The depth of any proposed cut and/or fill (including retaining walls). In my view planning policies directed towards environmental sustainability, and the management of infrastructure, indicate that there should be a preference for rainwater tank detention systems, because of their capacity to deliver additional environmental benefits. 0000001283 00000 n The design response must explain how the proposed design: The design response must include correctly proportioned street elevations or photographs showing the development in the context of adjacent buildings. The Council had required a 5% contribution for the provision of public open space to the value of all land as a condition of permit for a two lot subdivision. . Your information will not be disclosed to any external party without your consent, unless Council is required or authorised to do so by law. You can discuss these potential additional requirements with a planning officer. citizenship and awards, Engineering Development Design Guidelines. The Tribunal set aside the decision of the Shire of Yarra Ranges for this 8 unit medium density development in Chirnside Park. Under the Whitehorse Planning Scheme, there is a mandatory requirement for a Public Open Space contribution, which is determined at 4% of the land value.
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maroondah council open space contribution