Local laws play an important role in enabling Council to deliver on its strategic objectives, core strategies and policies.
Our local laws are used to support the creation of a liveable, safer, and healthier city by regulating activities that occur in public and private places that may impact on urban character, local amenity, and the fair enjoyment by or safety of others.
Following our extensive community engagement, a stakeholder engagement program and evidence-based research, we identified changes that aim to improve the operation of the Local Law 2023.
We understand that we need to ensure our community and stakeholders are fully aware of these changes and that we are fully prepared to make the necessary adjustments. · That's why we're planning for changes to come into effect from 1 August 2023.
Changes include:
Clause 9 Connecting to Council Drains
Previously a permit was not required for connections to Council drains where Council has approved a plan of subdivision. We've removed this exemption, so a permit is required for all connections to Council drains. This will ensure all connections are subject to Council requirements.
Clause 15 Asset Protection Permit
All builders are required to obtain an Asset Protection Permit to carry out building or demolition works on Council land. The permit ensures community assets are not damaged as a result of works. Previously if a builder caused more damage than the security bond covered and they cannot be traced, Council carried the cost of the repair. This cost to the community. Our amendment expands the definition of 'builder' to include the owner of the land and ensures they are jointly responsible for all damages to Council assets as a result of building works.
Clause 17 Behaviour on Council Land
This amendment addresses nuisance behaviour in our City. A public nuisance is an 'unreasonable inconvenience, annoyance or hurt to the public at large'. We've heard from our community about the impacts of antisocial behaviour on our residents. Council receives many complaints about this issue, its impacts upon amenity, safety and the appeal of high streets and other areas as vibrant, attractive and safe places to visit. This clause gives officers the ability to address behaviour that unreasonably interferes with another person on or close to Council land by asking them to stop or issuing an infringement. Officers can ask people engaging in nuisance behaviour to stop. They can also issue an infringement if there is a failure to comply.
Clause 20 Commercial Dog Walkers (new clause)
Our community provided feedback on this issue as part of our Domestic Animal Management Plan 2021, before it was adopted by Council. Our City has a growing population and a limited amount of public space. This clause ensures people and other animals have safe access to amenities in our community. The clause requires commercial dog walking businesses to obtain a permit if walking, exercising, or otherwise being in control of seven dogs or more on Council land. Previously no permit was required and there was no limit for commercial dog walkers on the number of dogs they can walk on Council land.
Clause 23 Shopping Trolleys
Trolleys that are taken from shops and other venues are often abandoned or misused. This can result in damage to public land and block access. Trolleys can also block rivers and drains, which can contribute to flash flooding during extreme weather events. This amendment requires all venues with over 30 trolleys to have a perimeter lock system installed to reduce the number of trolleys being taken off site. A system will be installed on trolleys that automatically locks the trolley wheels when it is taken beyond the perimeter of the retailer's premises. To allow for the implementation of this amendment, we are providing a 12-month grace period for impacted venues to comply.
Clause 31 Residential Parking Permits
We've seen an increase in the misuse of parking permits. Copying, forging or selling permits may result in less space for legitimate permit- holders. As our already densely populated City grows, we need to protect our resident's space and ensure the parking allocated to them is available. Previously there was currently no workable mechanism to follow up on the copying, reproduction, tampering with, lending or selling a residential parking permit issued by Council. This amendment makes it an offence to sell or purchase, hire, lease, licence or receive a residential parking permit that has been allocated to another person.
Clause 33 Itinerant trading
Itinerant trading refers to a trader or business that doesn't operate from a fixed place. Food trucks, door to door sales and market stallholders are examples of this. Previously the law required a permit to engage in itinerant trading in a vehicle and in certain places in the City such as a road or the foreshore. This amendment allows Council to require and assess permits for any businesses seeking to use any Council land for commercial purposes, including e-bikes and e-scooters. This gives Council more oversight of how many traders from outside the City are trading in Port Phillip. It also provides a greater ability for us to consider how this impacts our local traders.
Clause 35 Special Events
A special event is an organised sporting, recreational, cultural, commercial or social gathering of 20 or more people held on Council land. Previously a permit was required to hold a special event and for permission to busk, trade, film / photograph and erect temporary fencing. This amendment requires a permit for putting any furniture, heater, fire pit or other item on a road or Council land. This would allow event organisers to broaden what they offer at some special events. Because they are subject to permitting rules, this also allows Council and organisers to assess and manage risks.
Clause 43 Furniture and other items on Council Land and Footpaths (new clause)
Items that aren't typically found on footpaths and in our parks and reserves are increasingly being found by residents to be obstructing and causing visual clutter. To ensure the cleanliness and safe passage of our public space, this new clause allows items that shouldn't be located on the street to be quickly removed and impounded. It also makes it an offence to place furniture or other items on footpaths or other Council land that obstructs access. The clause provides a power for Authorised Officers to direct that they be removed or impound the items if there is a breach. By doing this we aim to reduce incidences of dumped furniture and other items being moved from their original positions to open spaces and footpaths within the City where they impact pedestrian and customer access.
Clause 50 Political Signs (new clause)
This new clause improves transparency and removes confusion regarding Planning Schemes and other legislation. The clause makes it an offence to affix, erect, install or otherwise display a political sign on Council land other than where it is authorised under any other legislation. Victorian and Australian Government legislation provide for the placing, erection and display of candidate signs within 100 metres of polling places.
Clause 51 Dangerous or Unsightly Land
This amendment is in response to community feedback about access issues and the visual impacts of dangerous and unsightly land. Dangerous or unsightly land refers to materials on land that can be hazardous, flammable or attract vermin. It also applies to land that has been neglected or is out of keeping with other land in the vicinity. An owner or occupier of land must not allow that land to be kept in a manner which is dangerous or unsightly and can be subject to penalties. We're expanding this clause to require owners or owners' corporations to take responsibility for land adjacent to their properties. This means they should make sure nature strips and land adjacent to property is not unsightly or occupied with furniture or other objects. This amendment encourages a joint onus to addressing the issue of dumped hard waste in our streets. Landowners and owners' corporations will be required to book hard waste collections services through Council's service provider.
Clause 52 Managing amenity on building sites - tree protection barriers
This amendment recognises the environmental and aesthetic values of our City's trees as well as the significant investment of public funds in tree maintenance, monitoring and replacement. A builder must comply with the measures for the management of a building site stated in the Procedures and Protocols Manual. This proposed amendment would require Tree Protection Barriers for Council trees (including root zone) on the nature strip or other Council and adjoining a building site.
Clause 52 Managing amenity on building sites - allowable hours
Previously a builder did not require a permit for construction work between 7 am to 6 pm Monday to Friday and 9 am to 3 pm Saturday. We're extending hours for Saturday construction hours so that works can be carried out until 5 pm on a Saturday without requiring an 'Out of Hours' permit. This increases the allowable hours from 9 am to 3 pm to 9 am to 5 pm. This is in response to increasing requests for permits from the construction industry and in consideration of our City's increasing level of development and projected growth. Issuing permits beyond these hours will be carefully managed to protect community convenience and maintain the liveability of our City.
Read the full Community Amenity Local Law 2023 and the accompanying Procedures and Protocols manual: Local Laws and enforcement - City of Port Phillip
