agenda for the ordinary meeting of council to be … · (2.00 pm) and 28 june (6.00 pm) 2016 be...

AGENDA

FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD ON

TUESDAY 12 JULY 2016 COMMENCING AT 7.30 PM IN THE

COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE

CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 12 July 2016 of 131

TABLE OF CONTENTS

1. PRESENT 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY AND SPECIAL MEETINGS OF COUNCIL – 28 JUNE 2016 4

5. PUBLIC QUESTION TIME 5

6. PETITIONS AND JOINT LETTERS 5

7. COMMITTEE REPORTS 5

7.1. HERITAGE ADVISORY COMMITTEE 5

8. ASSEMBLIES OF COUNCILLORS 9

8.1. ASSEMBLIES ON 15 JUNE (5.30 PM), 21 JUNE (2.00 PM), 28 JUNE (6.00 PM) AND 5 JULY 2016 9

9. OFFICER REPORTS 18

9.1. A VIBRANT HEALTHY COMMUNITY (VIB) 18 VIB 11 MOUNT ALEXANDER SHIRE PUBLIC HEALTH AND WELLBEING 18

9.2. BETTER COMMUNITY FACILITIES (BET) 45 BET 09A RESPONSE TO PETITION TO MOVE THE SCREEN WITHIN THE

CASTLEMAINE LIBRARY 45 BET 10 AWARDING OF CONTRACT M1191-2016 FOR SUPPLY OF AQUATIC

FACILITY MAINTENANCE SERVICES FOR THE PERIOD 13/7/2016 TO 12/7/2018. 47

9.3. A THRIVING LOCAL ECONOMY (ECO) 50 ECO 43 PLANNING PERMIT APPLICATION 052/2016 – PARTIAL

DEMOLITION AND ALTERATIONS AND ADDITIONS TO A DWELLING AND CONSTRUCTION OF A CARPORT AT CA5, SECTION 2, PARISH OF MALDON, 13 CHURCH STREET, MALDON (PA052/2016) 50

ECO 44 PLANNING PERMIT APPLICATION 019/2016 – USE AND DEVELOPMENT OF A DWELLING AT LOT 1 AND LOT 2 TP129565S, 191 BENDIGO-SUTTON GRANGE ROAD, ELPHINSTONE (PA019/206) 61

ECO 45 PLANNING PERMIT APPLICATION 0005/2016 – CONSTRUCTION OF A DWELLING AT CA5, SEC12 PARISH OF ELPHINSTONE, 9 ARTHUR STREET, TARADALE (PA005/2016) 72

ECO 46 PLANNING PERMIT APPLICATION 317/2015 - USE AND DEVELOPMENT OF A DWELLING AT CA16B, SECTION 2A PARISH OF CASTLEMAINE, 90 FORDS ROAD, YAPEEN (PA317/2015) 82

ECO 47 PLANNING PERMIT APPLICATION PA017/2015 – ERECTION OF INTERNALLY ILLUMINATED SIGNAGE, BUSINESS IDENTIFICATION SIGNAGE, AND A SKY SIGN, ALTERATION OF ACCESS TO A ROAD


IN A ROAD ZONE CATEGORY 1, AND WAIVER OF PARKING, BICYCLE PARKING AND LOADING BAY REQUIREMENTS, IN ASSOCIATION WITH A RETAIL USE ON LOT 1 TP833482U, 122 BARKER STREET, CASTLEMAINE 94

ECO 48 PLANNING PERMIT APPLICATION 065/2016 – USE AND DEVELOPMENT OF A DWELLING AT LOT 2 TP937774B, 3003 PYRENEES HIGHWAY, NEWSTEAD (PA065/2016) 109

9.4. BUILDING SUSTAINABLE COMMUNITIES (COM) 120 COM 46 ADOPTION OF PLANNING SCHEME AMENDMENT C56 – DIAMOND

GULLY STRUCTURE PLAN IMPLEMENTATION 120

10. DELEGATES REPORTS 131

11. NOTICE OF MOTION 131

11.1. NOTICE OF MOTION 2016/05 – FEDERAL MEMBER FOR BENDIGO RE-ELECTED 131

12. URGENT SPECIAL BUSINESS 131

13. MEETING CLOSE 131

SEPARATE ATTACHMENTS: Confidential Attachment BET 09A: Petition to move the screen in the Castlemaine Branch of the Goldfields Library. Confidential Attachment BET 10A: Tender Evaluation Report, Contract M1191-2016 for Supply of Aquatic Facility Maintenance Services

for the period 13/7/2016 to 12/7/2018. Separate Attachment COM 46A: Amendment C56 – Diamond Gully Structure Plan -Planning Panel report Separate Attachment COM 46B: Proposed Amendment C56 Amendment documentation as recommended for adoption by Council t Separate Attachment COM 46C: Amendment C56 - Diamond Gully Structure Plan Adoption – Proposed DGSP 2016


ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that we are meeting on Jaara country

of which the members and elders of the Jaara Jaara community and their forebears have been custodians for many centuries

and have performed age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

1. PRESENT

2. APOLOGIES

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

4. MINUTES

4.1. ORDINARY AND SPECIAL MEETINGS OF COUNCIL – 28 JUNE 2016

The unconfirmed minutes of the Special Meeting and Ordinary Meeting of the Mount Alexander Shire Council held at 7.00 pm and 7.30 pm respectively on 28 June 2016 at the Chewton Community Centre have been circulated to Councillors. The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Special and Ordinary Meetings of the Mount Alexander Shire Council held on 28 June 2016 be confirmed.


5. PUBLIC QUESTION TIME

6. PETITIONS AND JOINT LETTERS

Nil.

7. COMMITTEE REPORTS

7.1. HERITAGE ADVISORY COMMITTEE

The unconfirmed Minutes of the Heritage Advisory Committee held on 15 June 2016 are at Attachment 7.1A.

RECOMMENDATION

That the unconfirmed Minutes of the Heritage Advisory Committee meeting be noted.


8. ASSEMBLIES OF COUNCILLORS

8.1. ASSEMBLIES ON 15 JUNE (5.30 PM), 21 JUNE (2.00 PM), 28 JUNE (6.00 PM) AND 5 JULY 2016

RECOMMENDATION

That the Records for the Assemblies of Councillors on 15 June (5.30 pm), 21 June (2.00 pm) and 28 June (6.00 pm) 2016 be entered into the record of this meeting (Attachments 8.1, 8.2 and 8.3).


9. OFFICER REPORTS

9.1. A VIBRANT HEALTHY COMMUNITY (VIB)

VIB 11 MOUNT ALEXANDER SHIRE PUBLIC HEALTH AND WELLBEING

Responsible Director: Director Sustainable Communities Responsible Officer: Director Sustainable Communities Original Document: DOC/16/21665

Purpose 1.

The purpose of this report is to provide Councillors with information regarding the health and wellbeing status of the Mount Alexander community and on the implementation of the Mount Alexander Shire Public Health and Wellbeing Plan, and seek Council endorsement for the development of a Mount Alexander Shire Health and Wellbeing Planning Governance and Community Engagement structure.

Refer to:

Attachment VIB 11A: Mount Alexander Shire Health and Wellbeing Fact Sheet 2015. (DOC/16/14695)

Attachment VIB 11B: Central Victorian Primary Care Partnership Health & Wellbeing Profile – updated March 2016. (DOC/16/14829)

Attachment VIB 11C: Mount Alexander Shire Public Health and Wellbeing Plan 2013-2017 Review – March 2016. (DOC/16/680)

Attachment VIB 11D: Mount Alexander Shire Health and Wellbeing Fact Sheet 2. (DOC/16/14693)

Attachment VIB 11E: Proposed Health and Wellbeing Planning Governance and Community Engagement structure. (DOC/16/18617)

Attachment VIB 11F: Draft Terms of Reference: Mount Alexander: A Healthy Shire Community Advisory Committee.

Background 2.

In December 2013 Council endorsed the Mount Alexander Shire Public Health and Wellbeing Plan 2013-2017 (the Plan). The Plan includes the following goals, health and wellbeing priorities and objectives:

Goal Health and Wellbeing Priority

Objectives

Healthy safe and inclusive communities

Physical wellbeing: • Physical activity • Healthy eating • Oral health • Tobacco Mental wellbeing • Mental health • Social

connectedness

• Improve access to health and community services

• Encourage healthy lifestyles and behaviours

• Promote safe and secure communities

• Promote accessible and inclusive communities



Objectives

Community safety & violence prevention • Prevention of

violence against women

• Prevention of elder abuse

Culturally rich and engaged communities

Mental wellbeing • Mental health • Social

connectedness

• Recognise our indigenous community and their culture

• Support opportunities for people to create and participate in arts and cultural initiatives

• Undertake community engagement that ensures the community is informed and able to participate

• Involve young people in planning and decision making

• Recognise and support the important role that volunteers and community organisations play in building connected communities

Dynamic and resilient local economies

Access to resources • Housing • Transport • Education • Employment

• Support young people in maximising education and employment opportunities through different lifestages

• Advocate for improved public and community transport options

• Recognise and support local community aspirations and interests

• Advocate for more housing that meets community needs

Sustainable built and natural environments

Physical wellbeing • Physical activity • Food security Access to resources

• Support a healthy and sustainable natural environment

• Promote development of a



Objectives

• Built and natural environments

local community food system

• Maximise availability and accessibility of community facilities

• Provide opportunities for passive and active recreation

Policy and Statutory Implications 3.

The Local Government Charter states that the primary objective of Council is to achieve the best outcomes for the local community. Protecting, improving and promoting health and wellbeing is one of the most significant ways in which Council can achieve this.

The Public Health and Wellbeing Act 2008 (the Act) outlines specific requirements for local governments in relation to health and wellbeing. These include:

• Creating supportive environments for health and strengthening the capacity of the community and individuals to achieve better health;

• Initiating, supporting and managing public health planning processes at a local level;

• Developing and implementing local policies for health; • Developing and enforcing up-to-date public health standards; • Facilitating and supporting local agencies with an interest in public health; • Coordinating and providing immunisation services; and • Maintaining the municipal district in a clean and sanitary condition.

To progress these responsibilities, Council is required to produce a strategic Municipal Public Health Plan for the community every four years. The Act mandates that the Plan must:

• Include an examination of data about health status and health determinants in the municipal district;

• Identify goals and strategies based on evidence for creating a local community in which people can achieve maximum health;

• Provide for involvement of people in the development, implementation and evaluation of the public health plan;

• Specify how the Council will work in partnership with the Department of Human Services (now Health and Human Services) and other agencies undertaking public health initiatives, projects and programs to achieve the goals identified in the Plan.

In addition to the requirements of the Act, the Victorian Climate Change Act 2011 requires that this Plan also consider the impact of climate change, both short and long term, when making decisions about health and wellbeing priorities.


Issues 4.

Community Health and Wellbeing

Attachments VIB 11A and VIB 11B provide contemporary data regarding the health and wellbeing outcomes, behaviours and determinants for the Mount Alexander Shire community. They highlight that key issues for the community are:

• Ageing; • Mental ill-health; • Drug and alcohol misuse; • Overweight and obesity; • Immunisation rates; • Socioeconomic disadvantage; • Housing stress; and • Early childhood development

Mount Alexander Shire Public Health and Wellbeing Plan 2013-2017 Implementation

Whilst Council endorsed the Plan in late 2013, it has not had a high profile across the community since that time. The governance structure utilised in the planning is no longer functioning and reporting back to Council on implementation has not taken place.

Despite this, a significant proportion of the work of Council has aligned with the Plan goals. These are outlined in Attachment VIB 11C.

Proposed Mount Alexander Shire Health and Wellbeing Planning Governance and Community Engagement Structure

As highlighted above, there is no governance structure currently in place to plan, monitor or evaluate the implementation of the current Plan.

Council has previously had a number of Community Advisory Groups that have contributed to improving health and wellbeing across the Shire. These include the Disability Advisory Group and the Walking and Cycling Advisory Group. Previous members of these groups have expressed interest in continuing their relationship with Council on these matters.

Council Officers are proposing the implementation of a new Health and Wellbeing Governance and Community Engagement Structure. This will include the formation of a new community advisory committee supported by a number of working groups and forums. The proposed structure and draft Terms of Reference are outlined in Attachments VIB 11E and VIB 11F.

It is proposed that membership for the new community advisory committee be sought through an external Expression of Interest process with the Mayor, Director Sustainable Communities and the Manager Community Partnerships making a final recommendation to Council. Membership of the committee will be as of right for two members of the Council Youth Advisory Group.

Financial and Resource Implications 5.

Specific initiatives developed to respond to the current Mount Alexander Shire Public Health and Wellbeing Plan are subject to successful annual budget


submissions or external grant applications. Ongoing work is delivered within current resources.

Consultation 6.

The development of the Mount Alexander Shire Health and Wellbeing Fact Sheet and Community Profile has been undertaken in partnership with the Central Victorian Primary Care Partnership using data available within the public domain.

The review of the Mount Alexander Shire Public Health and Wellbeing Plan 2013 – 2017 has been undertaken in consultation with staff from all Council directorates.

The proposed Mount Alexander Shire Health and Wellbeing Planning Governance and Community Engagement Structure has been developed in consultation with staff from across Council as well as external partners including Castlemaine District Community Health, Castlemaine Health and the Central Victorian Primary Care Partnership.

It has been endorsed by the Council Leadership Group.

Conclusion 7.

This report provides Councillors with information regarding the health and wellbeing status of the Mount Alexander community, an update on implementation of the Mount Alexander Shire Public Health and Wellbeing Plan, seeks Council’s endorsement of the proposed Mount Alexander Shire Health and Wellbeing Planning Governance and Community Engagement Structure and accompanying draft Terms of Reference for the new Community Advisory Committee: Mount Alexander: A Healthy Shire.

RECOMMENDATION

That Council:

1. Note the information regarding the current health and wellbeing status of the Mount Alexander community;

2. Note the progress in the implementation of the Mount Alexander Shire Public Health and Wellbeing Plan 2013 – 2017; and

3. Endorse the formation and draft terms of reference for a new community advisory committee: Mount Alexander: A Healthy Shire.


9.2. BETTER COMMUNITY FACILITIES (BET)

BET 09A RESPONSE TO PETITION TO MOVE THE SCREEN WITHIN THE CASTLEMAINE LIBRARY

Responsible Director: Acting Director Sustainable Communities Responsible Officer: Acting Director Sustainable Communities Original Document: DOC/16/25557

Purpose 1.

This report responds to the petition presented at the Ordinary Meeting of Council on 28 June 2016, proposing that the screen within the Castlemaine Library be moved away from the children’s section.

Background 2.

At its Ordinary Meeting on 28 June 2016, Council received a petition signed by 69 people requesting that the screen located in the children’s literature section of the Castlemaine Library be moved. The reason given for this request was that the screen disturbs anyone who is trying to quietly read.


Local Law No 1 of 2008 sets out how petitions are received by and responded by Council as follows:

1. Petitions and Joint Letters

(1) A petition or joint letter presented to the Council may lie on the table until the next ordinary meeting of the Council. No motion other than to receive the petition or joint letter may be accepted by the Chairperson at the meeting at which it is presented.

(2) The Council must receive a report on any petitions or joint letters at the next ordinary meeting of the Council or another meeting to be determined by the Council.

(3) A copy of the text of the petition or joint letter must be included on the agenda for the next ordinary or available meeting (as the case may be).

(4) A petition or joint letter may nominate a person to whom a reply may be sent, but if no person is nominated the Council may reply to the first or any person whose signature appears on the petition.

(5) Every petition or joint letter must be signed by the persons whose names are appended to it by their names or marks and, except in cases of incapacity or sickness, by no one else, and the address of every petitioner or signatory must be clearly stated.

Issues 4.

The Goldfields Regional Library Corporation provides library services to the North Central region of Victoria under a funding agreement with the four relevant councils, including Mount Alexander. Through this arrangement, the Corporation operates the Castlemaine Library.


The Goldfields Regional Library Corporation Plan 2015-2019 identifies their technology goal as: We provide innovative infrastructure and digital services that inspire and excite our community and enhance service provision.

An initiative to support this goal was the introduction in May 2015 of children’s Learn and Play touch screen computers within the regional libraries, to support children to explore and learn about new technologies. One computer was installed at the Castlemaine Library, within the children’s reading section. Since its introduction, library staff have directly received both positive and negative feedback. The usage data demonstrates that the computer has proved popular with users.


Any costs associated with a potential relocation of the screen would need to be considered by the Goldfields Regional Library Corporation.

Consultation 6.

Nil.

Conclusion 7.

At its Ordinary Meeting on 28 June 2016, Council received a petition signed by 69 people requesting that the screen located in the children’s literature section of the Castlemaine Library be moved. The issue raised in the petition is most appropriately addressed by the Goldfields Regional Library Corporation, as the operator of the Castlemaine Library.

RECOMMENDATION

That Council:

1. Write to the Goldfields Regional Library Corporation to request a response to the petition request; and

2. Subsequently write to the lead petitioner, Lucy Souter, to advise of the Corporation’s response.


BET 10 AWARDING OF CONTRACT M1191-2016 FOR SUPPLY OF AQUATIC FACILITY MAINTENANCE SERVICES FOR THE PERIOD 13/7/2016 TO 12/7/2018.

Responsible Director: Acting Director Sustainable Communities Responsible Officer: Manager Places and Spaces Original Document: DOC/16/23014

1. Purpose

The purpose of this report is to enable Council to consider and determine the awarding of tender M1191-2016 for Supply of Aquatic Facility Maintenance Services for the period 13/7/2016 to 12/7/2018.

Refer to:

Confidential Attachment BET 10A: Tender Evaluation Report, Contract M1191-2016 for Supply of Aquatic Facility Maintenance Services for the period 13/7/2016 to 12/7/2018.

2. Background

The Outdoor Aquatic Maintenance Panel contract has expired. To ensure the on-going service and supply of maintenance for Council’s aquatic facilities, a tender for aquatic facility maintenance has been advertised with the intention of establishing pre–approved contractors.

The Aquatic Facility Maintenance Services Panel will be required to provide services and materials to Council’s four owned aquatic facilities as well as other aquatic features, including zero depth water features and fountains as required. The outdoor aquatic facilities are located at Castlemaine, Harcourt, Maldon and Newstead. The project may involve operational works during the season and consider maintenance requirements during the off season.

3. Policy and Statutory Implications

In accordance with Council’s Procurement Policy, a public tender process was adopted for this multi-year panel contract and the resulting potential expenditure under the panel contract.

The Local Government Act 1989 provides relevant direction to Local Government in regards to procurement and contracts. Section 186 of the Local Government Act requires councils to undertake competitive market testing processes before entering into contracts for purchase of goods or services or for the carrying out of works for the value of $150,000 or above. The Act imposes specific restrictions on Council in regard to entering such contracts.

Important provisions within Section 186 include minimum standard processes for giving public notice of the purpose of contracts in excess of the value of $150,000. Section 186 of the Local Government Act does not require Council to accept the lowest tender, nor to accept any tender.

Clause 208 of the Local Government Act – ‘Best Value Principles’ requires Local Governments to comply with the best value principles. It provides a number of factors that may be looked at in applying the principles of best value and, specifically in this instance, the need for Council services to meet quality and cost standards.


All goods and services purchased by Council must be compliant with the Occupational Health and Safety Act 2004, the Dangerous Goods Act, Equipment (Public Safety) Act 1987, and associated regulations and codes of practice whenever applicable.

The tender process has been conducted in accordance to the conditions included within the Mount Alexander Procurement Policy. The tender evaluation criteria within Council’s Procurement Policy help to ensure competition in the supply of goods and services and products to Council and supports administrative consistency and fairness through transparency in Council’s decision making.

Council’s Procurement Policy encourages a focus on local industry, including creating local employment and improving local businesses by requesting an Economic Impact Statement be submitted by tenderers for all tenders greater than $250,000 (GST inclusive), Economic Impact Statements will detail the level of local content including labour, materials, plant and supervision.

Where tenders are within 5% of the weighted tender evaluation of the highest ranked tender, the tender evaluation will take into consideration the merit of Economic Impact Statements when evaluating tenders.

4. Issues

All members of the tender evaluation panel signed a conflict of interest and confidentiality declaration. No conflicts of interest were declared throughout the tender process including pre-tender and tender evaluation stage.

Three tenders were received by the closing date of 2.00 pm Friday 13 April 2016. Tenders submitted were based on a schedule of rates.

TENDERER Bendigo Aquatic Services

Farley Pools Australia Pty Ltd

B & T Pool Painting and Maintenance

The Tender Evaluation Panel has completed an evaluation process against the pre-determined evaluation criteria and weightings.

At the completion of the evaluation, all three tenderers above were nominated for inclusion on the panel.

The three tenderers all addressed the Economic Impact Statement as part of the tender submission.

Labour, materials, plant and sub-contractors would be sourced locally or within the local region wherever possible.

The contract timeframe is to be 2 years, plus an option to have two additional one year extensions.

5. Financial and Resource Implications

The approximate annual spend for aquatic facility maintenance services is $150,000.


The tenders are all schedule of rates based. Neither the quantity of work, nor total annual spend are guaranteed by Council.

Acceptance by Council of these contracts in no way commits any additional budget amounts for these works however, the appointment of a panel of contractors will streamline the procurement process for Council staff.

6. Consultation

Prior to the tender being released the scope of works was reviewed by an aquatic engineer to ensure all possible works were covered. A panel was formed consisting of officers from the Procurement and Recreation Units.

Upon closing of tenders the tender evaluation panel consisting of the Procurement Coordinator, Recreation Team Leader and Recreation Officer finalised the tender evaluation.

7. Conclusion

The appointment of a panel for Contract M1191-2016 for Supply of Aquatic Facility Maintenance Services will allow for the efficient provision of goods to Council and contribute to Council achieving best value.

Tender M1191-2016 for Supply of Aquatic Facility Maintenance Services was advertised with the intention of establishing a panel of pre-approved suppliers for Aquatic Facility Maintenance Services. Following an evaluation of the three tenders against the pre-determined evaluation criteria and weightings, the Tender Evaluation Panel are recommending the three tenderers form a panel for the Supply of Aquatic Facility Maintenance Services.

RECOMMENDATION

That Council:

1. Award Contract M1191-2016 for Supply of Aquatic Facility Maintenance Services to Bendigo Aquatic Services, Farley Pools Australia Pty Ltd and B & T Pool Painting and Maintenance;

2. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract documentation for Contract M1191-2016 for Supply of Aquatic Facility Maintenance Services for an initial two year period from 13 July 2016 to 12 July 2018; and

3. Authorise the Chief Executive Officer to approve the extension of Contract M1191-2016 for Supply of Aquatic Facility Maintenance Services for a further two one year terms, should that option be exercised.


9.3. A THRIVING LOCAL ECONOMY (ECO)

ECO 43 PLANNING PERMIT APPLICATION 052/2016 – PARTIAL DEMOLITION AND ALTERATIONS AND ADDITIONS TO A DWELLING AND CONSTRUCTION OF A CARPORT AT CA5, SECTION 2, PARISH OF MALDON, 13 CHURCH STREET, MALDON (PA052/2016)

Responsible Director: Director Sustainable Development Responsible Officer: Manager Development Services Original Document: DOC/16/24633

Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 052/2016 for partial demolition and alterations and additions to a dwelling and construction of a carport at Crown Allotment 5, Section 2 Parish of Maldon, 13 Church Street, Maldon. The application has been referred to Council as there is one outstanding objection to the application.

Refer to:

Attachment ECO 43A: Context and site aerial Attachment ECO 43B: Final plans submitted with application

Background 2.

The application was lodged on 17 March 2016 and seeks approval for partial demolition and subsequent alterations and additions to the existing dwelling and construction of a carport.

The subject site is located approximately 500 metres to the north of the Maldon CBD on the western side of Church Street. The site consists of a single regular rectangular shaped allotment with an area of 1011 square metres. Site topography slopes from the Church Street frontage to the east down to the rear of the site

The property currently contains a single Victorian era dwelling and an outbuilding. The rear of the lot contains an established garden. The dwelling transitions from a single storey frontage to a double storey rear following the slope of the land.

The subject site is located within the General Residential Zone and an individual listing within the Heritage Overlay applies to the site. Surrounding lots are all developed with dwellings, some having individual heritage significance, save for the adjacent lot to the north which is vacant. Land over Church Street to the east contains areas of the Maldon Historic Reserve.

The application proposes to remove the existing upper floor rear skillion portion of the dwelling and the balcony located to the rear of the dwelling. The rear section of the dwelling is proposed to be reconstructed to match the front of the dwelling within the same footprint. A new wrap-around balcony is proposed along the northern side of the dwelling and to replace the rear balcony. Other minor alterations to some doors and windows are proposed in addition to internal layout alterations. A new single carport is proposed to the north of the dwelling at the existing driveway. All new parts are proposed to be constructed of materials to match existing.



State Planning Policy Framework (SPPF)

Clause 15.03 Heritage

The primary objective of this clause is to conserve places of heritage significance. Retention of contributory elements of heritage places is encouraged along with respectful restoration and development of heritage places which enhances important elements.

Local Planning Policy Framework (LPPF)

Clause 21.02 Vision and framework plan

This clause contains some of the guiding policy linking the municipal vision, derived from Mount Alexander Shire Council Plan, to the land use and development planning vision for the Shire.

The policy identifies a hierarchy of urban centres, their role being defined by levels of population, services and physical characteristics. Maldon is identified as a district centre with an important tourism role relating to the intact 19th century streetscapes.

This clause also contains the Mount Alexander Strategic Framework Plan which, amongst other things, aims to protect and preserve heritage elements within Maldon.

Clause 21.07-3 Heritage

This policy identifies the significance of the Shire’s cultural heritage and its expression in the built form. Policy recognises the important role that the Shire’s heritage plays in communities as a source of pride and also a contributor to the economic growth of the Shire.

Strategies used to implement this policy are the identification and protection of Aboriginal and non-Aboriginal heritage and to ensure that subdivision and development is consistent with the heritage significance of places.

Clause 21.12-3 Maldon

Maldon is identified as the Shire’s second largest town and recognised for its heritage significance. Plan 4: Maldon Framework Plan outlines the broad structure of existing and future land use and development within the town.

Clause 22.02 Maldon

This clause contains specific policy for the township of Maldon as defined on Plan 4: Maldon Framework Plan. Policy basis recognises the heritage significance of Maldon due to the intact 19th century town centre, the large of number of buildings and works of historic significance and the unusual relationship between the town and other natural and historic sites in the surrounding area.

Policy for the area located within the Maldon Historic Residential area are outlined which include:

• Conserve and enhance the existing scale and appearance of Maldon’s earlier residential areas.

• Preserve, maintain and enhance historic items.


• Discourage development that is not in harmony with existing character. • Ensure development is in line with Maldon Design Guidelines, 1998. • Promote agriculture and horticulture as the primary land uses in the Shire

unless other land uses are strategically justified. • Discourage fragmentation of agricultural land if they are likely to lead to a non-

agricultural use.

Zoning

Clause 32.08 General Residential Zone (GRZ)

No permit is required for demolition or buildings and works associated with a single dwelling on a lot in the GRZ.

Overlay

Clause 43.01 Heritage Overlay (HO72)

A permit is required under the HO to demolish or remove a building and to construct or carry out works.

Incorporated documents

Maldon Design Guidelines, 1998

The Maldon Design Guidelines are incorporated documents in the planning scheme. The guidelines offer design criteria for new buildings and alterations to existing buildings within the larger heritage precincts and areas of Landscape Significance in Maldon.

Issues 4.

Impact on heritage significance

The primary consideration of the application is its impact on the heritage significance of the place, being both the individual site and the wider precinct. The Maldon Design Guidelines offer guidelines for assessing appropriate design of dwelling alterations and new outbuilding design.

The Maldon Design Guidelines aim to ensure new works complement the existing buildings and do not dominate the street. The application proposes some significant demolition to the rear portion of the dwelling. However, the proposed alterations sit comfortably with the original fabric of the building, particularly in form, scale and materials. The characteristic “U’ shaped double gable roof form is proposed to be carried through the new rear section at a height and material palate that matches the existing front portion. The important element of the front verandah is not altered. The rear verandah is proposed to be replaced within the same footprint and in the same scale and design in terms of roof pitch. The new verandah to the north is a continuation of the rear portion in scale, design and form. The stairs leading from the rear part of the verandah are in a different location to the existing.

The new carport fully complies with the guidelines in terms of roof pitch, materials, size, scale and siting.

The application was referred to Council’s heritage advisor who did not object to a permit being issued, but recommended additional information be supplied relating to balustrading design and final colours be submitted prior to commencement of works.


The proposal is a considerate design that protects contributory elements of the dwelling while proposing additions that are complementary to both the individual place and the precinct. The application is a well-designed proposal and will result in a positive restoration and rejuvenation of the dwelling.

Outstanding objections to the application

Following advertisement of the application in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, one objection was received and not withdrawn. Issues raised by objectors are summarised below.

Increased overshadowing as a result of the rear reconstruction to the yard of 12 Camp Street.

Overshadowing is only addressed at the planning stage for dwellings on lots less than 300 square metres through a ResCode assessment. As the subject site is greater than 300 square metres in area, ResCode is not part of the planning assessment for this application.

For all other developments and building work, amenity issues, including overshadowing, is addressed at the building permit stage where a proposal is assessed against Part 4 of the building regulations. Assessment through the building permit will ensure that any aspect of the development that does not comply with agreed standards will be notified to affected owners for their consideration.

Boundary fence line is noted incorrectly on the plans.

Site boundaries marked on plans submitted with applications is assessed as being the boundary line and not existing fences. Fences and boundaries, particularly on older allotments, are often misaligned. For this assessment, the stated setbacks are taken to be from the boundary. Any inconsistency between the development represented on the plans and the setback from the actual boundary will require amended plans to be submitted.

It should also be noted that responsibility of fence location between lots is a civil matter between respective owners.

Increased lighting required due to the extension will have negative impact on the living areas of 12 Camp Street.

The plans do not include, nor are they required to include, an electrical plan of proposed light locations. The amount or extent of residential lighting is not controlled by planning and not part of this assessment. Electrical layouts are included at the building permit stage. However, it should be noted that there is nothing that would prohibit the owners of the subject site in adding lighting to any part of the dwelling. In addition, there is little change to the balcony, window and door locations that would result in a significant change in lighting arrangement than currently exists.

Partial removal of a tree has increased potential for overlooking.

Tree controls do not apply to the HO72 and therefore no planning permit is required for tree removal. Regardless, the impact of any tree removal in the heritage overlay is assessed against its impact on the heritage significance of the area and not on general amenity issues such as overlooking.


Impact of building work relating to noise and possibility of asbestos.

General residential building work, and short term impacts, are an accepted part of living in residential areas and is not generally a consideration of planning and is controlled through other legislation. All building work will have to be undertaken in accordance with accepted standards, including EPA noise and asbestos requirements.

Impact on heritage aspects of the dwelling and streetscape due to increase height and bulk.

The proposed alterations and additions conform to the existing building footprint, save for the northern verandah addition. The increased wall height, as a result of the rear modification from skillion to double gable roof, will be marginal. The extraction of the roof form through the new rear part is consistent with the design and appearance of the existing dwelling and Victorian era houses generally and therefore will not result in a negative impact on the heritage significance of the place.


Cost of potential appeal to the Victorian Civil and Administrative Tribunal.

Consultation 6.

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and. A sign was also placed on-site.

External Referrals

• Nil

Internal Referrals

• Infrastructure Unit No objection subject to conditions

• Heritage advisor No objection, recommended conditions

Conclusion 7.

Council has received an application for partial demolition, alterations and additions to a dwelling and construction of a carport at Crown Allotment 5, Section 2, Parish of Maldon, 13 Church Street, Maldon. The site is located in the General Residential Zone and is covered by the Heritage Overlay.

The application has demonstrated that the proposal is consistent with the heritage qualities of the dwelling and the area and will result in a positive restoration of an existing Victorian dwelling.

The application has been assessed against the provisions of the planning scheme and is considered to meet all relevant policy.

It is recommended that this application be approved subject to conditions.


RECOMMENDATION

That Council issue a Notice of Decision to Approve a Planning Permit for partial demolition and alterations and additions to a dwelling and construction of a carport at Crown Allotment 5, Section 2 Parish of Maldon, 13 Church Street, Maldon subject to the following conditions:

1 PLANS REQUIRED 1.1 Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. Once approved, the plans will form part of the permit. Plans must be generally in accordance with the plans supplied with the application but modified to show: • Detailed balustrade design to new verandah and rear stairs.

1.2 Before the development starts, a schedule of construction materials, external finishes and colours to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the schedule will be endorsed and will then form part of the permit.

2 NO LAYOUT ALTERATION 2.1 The use and/or development allowed by this permit as shown on the

endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

3 ENGINEERING CONDITIONS 3.1 The legal point of discharge to the development is to the existing internal

drainage system. Accordingly stormwater runoff from all buildings and paving areas must be drained and connected to the existing drainage.

3.2 The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991)

4 PERMIT EXPIRY – DEVELOPMENT 4.1 The permit for the use and development of the land will expire if one of the

following circumstances applies: • 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 the permit expires or within six months afterwards (for a request to extend the time to commence the development) or twelve months after the permit expires (for a request to extend the time to complete the development).


ECO 44 PLANNING PERMIT APPLICATION 019/2016 – USE AND DEVELOPMENT OF A DWELLING AT LOT 1 AND LOT 2 TP129565S, 191 BENDIGO-SUTTON GRANGE ROAD, ELPHINSTONE (PA019/206)


Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 019/2016 for the use and development of a dwelling at Lot 1 and Lot 2 TP129565S, 191 Bendigo Sutton-Grange Road, Elphinstone. The application has been referred to Council as there is one outstanding objection and officers are recommending approval.

Refer to:


Background 2.

The application was lodged on 23 February 2016 and seeks approval for use and development of a dwelling within the Farming Zone.

The subject site lies approximately 2.1 kilometres to the north east of the Elphinstone township. The site is a regular rectangular shaped lot of 3.78 hectares consisting of 2 parcels of land (Lot 1 and Lot 2 TP129565S) with frontages to two road reserves being an unmade section of Aberdeen Road at the western boundary and Bendigo – Sutton Grange Road at the eastern boundary.

The site has a frontage of approximately 100.76 metres to Bendigo – Sutton Grange Road (eastern boundary) and a frontage of 100.58 metres to Aberdeen Road (western boundary) and a length of 191.11 metres on both the northern and southern boundaries. Vehicle access is to be from the Bendigo – Sutton Grange Road.

The site is currently vacant of any buildings. Mature vegetation is present on site concentrated around the waterway running through the south-western portion of the site. There is a large dam to the south west of the site which is located across the boundary shared with the allotment to the south. The site has a very gentle slope from the north east running south west into the waterway.

The site is located within the Farming Zone and is covered by Schedule 1 to the Environmental Significance Overlay (ESO1). The surrounding area is all within the Farming Zone but contains a density of properties and allotment sizes similar to that of rural living style development. Land to the north of Pollards Road and land to the east of Bendigo-Sutton Grange Road consists of broad acre farming land. The Calder Highway is situated approximately 1 kilometre south with good access to the township of Elphinstone.

The application proposes consolidation of the 2 lots and subsequent use and development of a dwelling on the consolidated parcel. The dwelling is proposed to be located within a building envelope measuring 50 metres by 50 metres, situated on the eastern side of the lot 35 metres from the eastern boundary.


The proposed dwelling contains 4 bedrooms, 2 bathrooms, kitchen, laundry, double lock-up garage and a number of living areas.



Clause 12.04-1 Environmentally sensitive areas

Relevant strategies mentioned in this Clause relate to the protection and conservation of environmentally sensitive areas to ensure identified environmental values are maintained.

Clause 14.01 Agriculture

Relevant strategies mentioned in this Clause relate to encouraging sustainable agricultural uses and to protect productive farmland. Strategies include preventing unplanned loss of productive land due to permanent changes in land use.

Clause 14.02 Water

Relevant strategies mentioned in this Clause relate to the protection and restoration of water catchments and the protection of water quality from contamination.

Clause 16.02 – 1 Rural residential development

The objective of this clause is to identify land suitable for rural living and rural residential development. Strategies include to manage development in rural areas to protect agriculture.




The policy identifies a hierarchy of urban centres, their role being defined by levels of population, services and physical characteristics. Elphinstone is identified as small village/hamlet within the Shire which is to accommodate the local community with convenience shopping and other facilities.

Clause 21.03 - 3 Rural living

The objective of this clause is to provide rural living development in appropriate areas whilst ensuring that these developments are economically sustainable. Key issues relate to protecting productive agricultural land from rural living development and considering the cost of providing services and infrastructure to isolated rural living allotments.

Clause 21.06-1 Productive agricultural land

This clause identifies agriculture as the predominant land use in the Shire. Productive capacity of various areas of the Shire are outlined based on land quality. The site is located within an area of moderate agricultural quality which is the highest rating within the Shire.


Clause 21.06 - 2 Sustainable agricultural land use

The relevant objectives to this clause relate to the minimisation of potential amenity impacts between agricultural uses and rural lifestyle uses.

Clause 21.06 - 3 Water

The objective of this clause is to improve water quality and waterway health within the Shire and to increase the environmental flows in streams and waterways within the Shire.

Clause 22.04 Use and development of land in the farming zone and rural living zone

This clause applies to the use and development of land in both the farming and rural living zones. The relevant objective of this clause is to ensure that the use and development of land for a dwelling does not adversely impact on the agricultural activities carried out on the land and neighbouring sites and to ensure that the proposed dwelling will not result in the loss or fragmentation of productive agricultural land.

Zoning

Clause 35.07 Farming Zone (FZ))

The use of land for a dwelling on an allotment of less than 40 hectares requires a permit under Clause 35.07-1 of the Farming Zone. The farming zone also requires a permit for building and works with a section 2 use and buildings and works within stated setbacks under Clause 35.07-4.

Overlay

Clause 42.01 Environmental Significance Overlay Schedule 1 (ESO1)

Under clause 42.01-2 a permit is required to construct a building or construct or carry out works within the Environmental Significance Overlay Schedule 1.

Particular provisions

Not Applicable

Issues 4.

Strategic justification for use and development of the site.

There is a range of policy within the planning scheme which aims to protect and enhance productive agricultural land, particularly from the encroachment of incompatible land uses such as dwellings.

The subject site is located within an area with characteristics that contrast much of the policy descriptions in the planning scheme. Although the site is located in an area of higher quality land, relative to the Shire, the pattern of surrounding development has transitioned into a rural living form and density. This area is clearly demarcated by the physical boundaries of Pollards Road to the north, Bendigo-Sutton Grange Road to the east and the Calder Freeway to the west and south.

Given the specific context of residential land use and development in the area, the proposal will not result in loss or fragmentation of productive agricultural land as


the area has already been lost to residential development. Areas beyond Pollards Road and Bendigo-Sutton Grange Road will remain as productive agricultural land.

Consolidation of the two lots prior to development commencing is considered appropriate in this instance to reduce the number of small lots in the area. subject to consolidation, the proposal is deemed to be consistent with orderly planning of the area.

Given the number of surrounding dwellings, an additional dwelling would not limit the operation of more traditional farming practices on nearby land.


One submission was received and not withdrawn. The objector’s concerns can be summarised as follows:

No fencing is in place between the subject site and the adjacent property to the south.

Fencing between privately owned properties is a civil matter to be decided between property owners. Matters relating to private fencing is governed by the Fences Act 1968 and is not a planning consideration. There is no requirement within the planning scheme for boundaries to be fenced before development is approved.

Boundaries of the lot have not been surveyed and pegged.

The lots which are subject to this application are defined within the title plan submitted as part of the application. The title plan outlines lot dimensions which are applicable to the assessment of this application. Setbacks and location of development must accord with title boundaries as stated in the title documents. Approval of development does not alter the location of boundaries in any way, save for the removal of internal boundary as a result of consolidation.

Discrepancies between actual lot boundaries, as determined on title plans, and physical infrastructure, such as boundary fences, is a civil matter to be determined between property owners.



Consultation 6.

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and a sign was also placed on-site.

One objection was received and not withdrawn.

External Referrals

• Goulburn-Murray Water No objection subject to conditions.

Internal Referrals

• Infrastructure Unit


No objection subject to conditions.

• Environmental Health Unit No objection subject to conditions.

Conclusion 7.

Council has received an application for the use and development of a dwelling at Lot 1 and Lot 2 TP129565S, 191 Bendigo – Sutton Grange Road, Elphinstone. The site is located within the Farming Zone and is covered by schedule 1 to the Environmental Significance Overlay.

One objection was received which raised concerns relating to fencing.

The use and development of a dwelling at the subject site is considered to be consistent with orderly planning of the area. The site is in an area that has a number of dwellings. The proposal will not result in loss or fragmentation of productive agricultural land as the area has already been lost to residential development. Areas beyond Pollards Road and Bendigo-Sutton Grange Road will remain as productive agricultural land.

The proposal has been assessed as being generally in accordance with relevant provisions of the planning scheme.

It is recommended that Council issue a Notice of Decision to Grant a Permit subject to conditions.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for the use and development of a dwelling on Lots 1 and 2 TP129565S, 191 Bendigo – Sutton Grange Road, Elphinstone subject to the following conditions:

1 LOT CONSOLIDATION REQUIRED 1.1 Prior to the commencement of the development approved by this permit,

Lots 1 and 2 on TP129565S must be consolidated into one parcel of land. Evidence of consolidation must be supplied to Council prior to commencement of any buildings or works associated with the development.

2 NO LAYOUT ALTERATION 2.1 The use and/or development approved by this permit as shown on the


3 INFRASTRUCTURE REQUIREMENTS 3.1 DRAINAGE

Prior to commencement of any construction works associated with the development, detailed access and drainage construction plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. All works constructed or carried out must be in accordance with those endorsed plans. If required, minor amendments may be approved by Council to the standards stipulated in the conditions below provided a similar outcome is achieved.


3.2 The whole of the subject land, including landscaped and paved areas, must be graded and drained to the satisfaction of the council as the responsible drainage authority so as to prevent the discharge of water from the subject land across any road or footpath or onto any adjoining land.

3.3 The stormwater runoff from future buildings and paved areas must be directed to storage tanks / reuse dams and any overflow dissipated as normal unconcentrated overland flow.

3.4 ACCESSWAY AND VEHICLE CROSS OVER The internal driveway access shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts.

3.5 Vehicle crossovers appropriate to the development and existing site conditions are to be constructed to the levels/requirements of Council. Council’s minimum standards are: - • 3.5 metre wide • Appropriately sized reinforced concrete pipes 4.8 metre long centred on

the crossover. Minimum size is 375 mm diameter. • Low profile driveable culvert end-walls to all culvert ends • 100mm minimum compacted thickness of road base gravel from edge of

pavement to property line • No impeding or redirection of existing surface flows as a result of these

works 3.6 SEDIMENT POLLUTION CONTROL

The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991).

3.7 EROSION MANAGEMENT All earthworks are to be designed and constructed to avoid soil erosion. All fill is to be compacted, batters are to be topsoiled and revegetated and all drainage is to be diverted around the disturbed areas/batters. Drainage from benched areas, batters and access tracks is to be diverted on non-scouring grades to stable vegetated areas. Several drainage points are to be used to avoid concentration of drainage water.

3.8 CONSENT FOR CONSTRUCTIONS Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and be issued a permit to occupy the road for works.

3.9 CONSTRUCTION OF A DWELLING A certificate of occupancy must not be issued until all the requirements of this permit have been completed to the satisfaction of the relevant authority.

4 ENVIRONMENTAL HEALTH REQUIREMENTS 4.1 The applicant will be required to install an all-waste on-site waste water

system. The system must be an Environment Protection Authority approved system installed, operated and maintained in accordance with the Environment Protection Authority’s current edition of the Code of Practice – Onsite wastewater management and the Australia New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.


4.2 Prior to any development the applicant shall apply for a Permit to Install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970.

5 GOULBURN-MURRAY WATER REQUIREMENTS 5.1 All wastewater from the dwelling must be treated and disposed of in

accordance with the Land Capability Assessment prepared by Ehpic Assessments, dated 8 February 2016. The system must be an EPA approved system, installed, operated and maintained in accordance with the relevant EPA Code of Practice and Certificate of Approval.

5.2 The dwelling and wastewater disposal field must be located in accordance with the Land Capability Assessment prepared by Ehpic Assessments, dated 8 February 2016.

5.3 The wastewater disposal area must be kept free of stock, buildings, driveways and service trenching and must be planted with appropriate vegetation to maximise its performance. Stormwater must be diverted away. A reserve wastewater disposal field of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

5.4 All construction and ongoing activities must be in accordance with sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991).

6 PERMIT EXPIRY 6.1 The permit for the use and development of the land will expire if one of the

following circumstances applies: • The development is not completed within two years of the date of this

permit; • The use is not commenced within two years after the completion of the

development; • The use is discontinued for a period of two years. The responsible authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards (for a request to extend the time to commence the development) or twelve months after the permit expires (for a request to extend the time to complete the development).


ECO 45 PLANNING PERMIT APPLICATION 0005/2016 – CONSTRUCTION OF A DWELLING AT CA5, SEC12 PARISH OF ELPHINSTONE, 9 ARTHUR STREET, TARADALE (PA005/2016)


Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 0005/2016 for construction of a dwelling at Crown Allotment 5, Section 12 Parish of Elphinstone, 9 Arthur Street, Taradale. The application has been referred to Council as there is one outstanding objection to the application.

Refer to:


Background 2.

The application was lodged on 5 January 2016 and seeks approval for the construction of a single dwelling.

The subject site is located approximately 630 metres to the south-west of the Taradale town centre on the eastern side of Arthur Street. The site consists of a single rectangular allotment with an overall area of approximately 2020 square metres.

The property is currently vacant. The site contains several established trees located to the front of the site but is otherwise clear of vegetation. The site is serviced by Arthur Street which is a constructed gravel road.

The subject site is located within the Township Zone with a Bushfire Management Overlay and an Environmental Significance Overlay applying to the site. The surrounding area is developed at low densities with residential dwellings. Much of the surrounding land in the area is vacant. Back Creek lies approximately 150 metres to the south-east of the site.

The application proposes to construct a single two-bedroom dwelling setback 23 metres from the front property boundary.




This clause aims to protect environmentally sensitive areas from inappropriate development that would diminish their conservation values.

Clause 13.05 Bushfire

The objective of this clause is to strengthen community resilience to bushfire. Overarching strategies include prioritising human life over other policy considerations, assessing bushfire risk at the broader and local level and ensuring


planning schemes do not prevent the removal of vegetation in order to create defendable space.

Clause 19.03-2 Water supply, sewerage and drainage

The objective of this clause is to ensure services are provided to development to meet community needs and to protect the environment. Strategies include to protect water quality from possible contamination and to provide infrastructure to manage wastewater and stormwater.




The policy identifies a hierarchy of urban centres, their role being defined by levels of population, services and physical characteristics. Taradale is identified as a small village providing local convenience shopping and community facilities.

Clause 21.03-2 Urban consolidation

This clause identifies the benefits of urban consolidation in terms of service provision, environmental sustainability and increased viability of local businesses and transport.

Clause 21.05-5 Bushfire

This clause recognises the significant threat from bushfire facing the Shire in general and also areas around Taradale specifically. Strategies aim to continually improve the planning framework to respond to bushfire risk

Clause 21.06-3 Water

This policy identifies the significant area of the Shire which is covered by open potable water supply catchment areas. Issues related to water quality are outlined and strategies proposed to assist in addressing the stated issues.

Clause 21.12-6 Taradale

This policy includes a brief statement on Taradale and includes the Taradale Framework Plan. A single objective to facilitate urban development. Improved options for wastewater management is highlighted as a key issue.

The site is located within an area of the framework plan inside the township boundary in a location identified for residential infill.

Zoning

Clause 32.05 Township Zone (TZ)

No permit is required for construction of a single dwelling in the TZ.

Overlays

Clause 42.01 Environmental Significance Overlay (ESO1)

A permit is required to construct a building or carry out works in the ESO. The environmental objective of Schedule 1 to the ESO aims to ensure protection and


maintenance of water quality and water yield within the Eppalock Water Supply Catchment Area.

Clause 44.06 Bushfire Management Overlay (BMO)

A permit is required under the BMO for buildings and works associated with accommodation. A dwelling is a sub-category of accommodation under the planning scheme.

The primary purpose of the BMO is to ensure development of land prioritises human life and strengthens community resilience to bushfire. A proposal must meet the requirements of clause 52.47 which outlines specific measures to minimise the threat of bushfire to an acceptable level.


Clause 52.47 Planning for Bushfire

The purpose of this clause is, amongst other things, to ensure location, design and construction of development appropriately responds to the bushfire hazard. Specific measures are provided within this policy to determine compliance with objectives of this clause.

Issues 4.

Protection from bushfire.

The application has included a bushfire management statement demonstrating how the proposal responds to bushfire mitigation measures outlined in the BMO and clause 52.47. The siting of the dwelling close to the Arthur Street boundary reduces access distance. Defendable space can be accommodated on-site or on adjacent low threat vegetation. Water supply requirements can be located on-site in accordance with CFA requirements.

The application was referred to the CFA who did not object to the grant of a permit subject to standard conditions. Following referral of the application, the siting of the dwelling was altered to increase the front setback from 16 metres to 23 metres. The change in location has not altered the capacity of the development to accommodate specific bushfire mitigation measures.

Protection and maintenance of water quality.

The application included a land capability assessment which identified limiting factors of the site, being soil characteristics and water runoff. Specific recommendations were provided which demonstrated wastewater can be contained and managed on-site in accordance with EPA guidelines using a secondary treatment system.

The application was also referred to Goulburn-Murray Water, Coliban Water and Council’s environmental health unit, all of whom consented to the grant of a permit subject to conditions relating to wastewater management being met.

Based on the above, it is considered that wastewater can be treated on-site and maintenance of water quality achieved.



Following advertisement of the application in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, one objection was received and not withdrawn. Issues raised by objectors are summarised below.

Treatment of wastewater has not been addressed and negative impacts to public health may result.

The application has included detailed assessment of the impact of wastewater for the site and specific management measures proposed. The application has been referred to Goulburn-Murray Water, Coliban Water and Council’s environmental health unit, none of whom objected to the grant of a permit subject to conditions. Given the limiting factors of the site, the dwelling is required to be restricted to two bedrooms. Based on the assessment provided and consent given by relevant authorities in wastewater management, it is considered that the proposal has adequately addressed issues relating to wastewater.

Removal of vegetation and impact on biodiversity.

A permit is generally required to remove any vegetation under the ESO. However, clause 52.48-5 of the planning scheme exempts the proposal from requiring a permit to remove vegetation to create defendable space in accordance with Table 1 to clause 52.47-5. The application has proposed defendable space in accordance with Table 1 to Clause 52.47-5. Therefore, vegetation removal within the defendable space area is exempt from permit approval.

The site is identified and zoned as being suitable for residential development, but one where bushfire and water quality issues are present. Bushfire policy states that protection from bushfire and preservation of human life is given priority to all other policy considerations in the planning scheme. In addition to this, the site must be able to position a wastewater disposal area on-site, downhill from the dwelling, with specific dimensions and setbacks from waterways.

Despite the size of the allotment, there are limited areas for locating a dwelling to ensure wastewater can be treated on site. It is considered that the proposal, on the balance of policy objectives, complies with the planning scheme and the proposed location, including resulting removal of vegetation, is appropriate.

Connection of the dwelling to the reticulated water supply will reduce water pressure for other dwellings in the town.

The reticulated water supply network in Taradale is controlled by Coliban Water. As the proposed dwelling is located within the reticulated network area it can be connected to the network. Water supply, including water pressure, is a matter of consideration for Coliban Water, as considered appropriate and in a holistic manner, by that authority and not a matter for Council to address on a case by case basis.



Consultation 6.

Advertising



External Referrals

• Goulburn-Murray Water No objection subject to conditions.

• Coliban Water No objection subject to conditions.

• CFA No objection subject to conditions.

Internal Referrals

• Infrastructure Unit No objection subject to conditions.

• Environmental Health unit No objection subject to conditions.

Conclusion 7.

Council has received an application for construction of a dwelling at Crown Allotment 5, Section 12 Parish of Elphinstone, 9 Arthur Street, Elphinstone. The site is located within the Township Zone and is covered by the Bushfire Management Overlay and schedule 1 to the Environmental Significance Overlay.

The application has been assessed against the provisions of the planning scheme and is considered to meet all relevant policy.

It is recommended that this application be approved subject to conditions.

RECOMMENDATION

That Council issue a Notice of Decision to Approve a Planning Permit for construction of a dwelling at Crown Allotment 5, Section 12 Parish of Elphinstone, 9 Arthur Street, Taradale subject to the following conditions:



2 COLIBAN WATER CONDITIONS 2.1 All wastewater from the proposed dwelling must be treated to a standard of

at least 20mg/L BOD and 30mg/L suspended solids using a package treatment plant or equivalent and disposed of using an EPA-approved system, which is installed, operated and maintained in compliance with the relevant EPA Code of Practice, Certificate of Approval and council-issued septic system permit.

2.2 The wastewater disposal area must be kept free of stock, buildings, driveways and service trenching, and must be planted with appropriate vegetation to maximise its performance as per requirements of the Land


Capability Assessment provided with the application. Stormwater must be diverted away from the disposal area.

2.3 The wastewater disposal area must be located at least 100 metres from the nearest waterway, as least 60 metres from any dams and at least 20 metres from any bores.

2.4 The Land Capability Assessment provided with the application must be endorsed to form part of the permit.

2.5 All construction activities must follow sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991).

2.6 Prior to the development commencing, the owner shall enter into an agreement with the Responsible Authority and Coliban Water under Section 173 of the Planning and Environment Act requiring that: (a) If a community effluent disposal system or reticulated sewerage system

becomes available, all wastewater from the dwelling must be disposed of via this system and the on-site wastewater treatment and disposal system must be decommissioned.

(b) The owner shall meet all the cost of connection to a community effluent disposal system or reticulated sewerage system.

(c) If wastewater is identified as not being able to be contained on the Lot, the owner must upgrade the wastewater system to retain wastewater onsite and will be responsible for all costs of remediation

(d) This agreement is cancelled if (a) above is satisfied. 2.7 The owner shall be responsible for all costs and fees applicable for the

preparation and the registration of the agreement on the title of CA5, Section 12, Parish of Elphinstone.

3 GOULBURN-MURRAY WATER CONDITIONS 3.1 The dwelling must not contain any greater than two bedrooms; including

rooms that could be closed off and used as bedrooms, e.g. study, sunroom, etc.

3.2 All wastewater from the dwelling must be treated to a standard of at least 20mg/L BOD and 30mg/L suspended solids using a package treatment plant or equivalent. The system must be an EPA-approved system, installed, operated and maintained in accordance with the relevant EPA Code of Practice and Certificate of Approval.

3.3 Where the following features are present in proximity to the subject land, the wastewater disposal area must be located: • At least 100 metres from any waterways • At least 40 metres from the nearest drainage line • At least 60 metres from any dams • At least 20 metres from any bores.

3.4 All wastewater must be applied to land via pressure-compensating sub-surface irrigation installed along the contour.

3.5 The wastewater disposal area must be kept free of stock, buildings, driveways and service trenching and must be planted with appropriate vegetation to maximise its performance. A reserve wastewater disposal field of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.


3.6 All upslope runoff must be diverted away from the disposal areas. Stormwater must be diverted away through the installation of a shallow cut off drain, which should be placed upslope of the disposal areas.

3.7 All construction and ongoing activities must be in accordance with sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991).

4 ENVIRONMENTAL HEALTH CONDITIONS 4.1 The owner/applicant will be required to install an on-site waste water

treatment system that is an Environment Protection Authority (EPA) approved system capable of treating effluent to a 20/30 standard. Irrigation must be via subsurface irrigation. All works and maintenance must be in accordance with the EPA’s current edition of the Code of Practice – Onsite wastewater management and the Australia New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.

4.2 The applicant shall be required to comply with the recommendations and strategies contained in the Land Capability Assessment prepared by Shane Muir Consulting Engineers P/L dated 27 October 2015.

4.3 Prior to any development the applicant shall apply for a Permit to Install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970.

5 ENGINEERING CONDITIONS Drainage Works

5.1 The whole of the subject land, including landscaped and paved areas, must be graded and drained to the satisfaction of the council as the responsible drainage authority so as to prevent the discharge of water from the subject land across any road or onto any adjoining land.

5.2 The stormwater runoff from future buildings and paved areas must be directed to storage tanks / reuse dams and any overflow dissipated as normal unconcentrated overland flow. Internal driveway and vehicle cross over

5.3 The internal driveway access shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts.

5.4 Vehicle crossovers appropriate to the development and existing site conditions are to be constructed to the levels/requirements of Council. Council’s minimum standards are: - • 3.5 metre wide • Appropriately sized reinforced concrete pipes 4.8 metre long centred on

the crossover. Minimum size is 375 mm diameter. • Low profile driveable culvert end-walls to all culvert ends • 100mm minimum compacted thickness of road base gravel from edge of

pavement to property line • No impeding or redirection of existing surface flows as a result of these

works

Removal or Trimming of road reserve trees 5.5 If the applicant / Property owner require removing or trimming of trees in the

road reserve as part of the works permitted by this planning permit or as part


of future works, all the cost for such removal must be borne by the applicant / Property owner. Applicant / Property owner must obtain consent and necessary work permits from the council for such future tree trimmings/ removals prior to commencement of the works. Sediment pollution Control

5.6 The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) Consent for constructions

5.7 All existing road reservation assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance

5.8 Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and be issued a permit to occupy the road for works. Construction of a dwelling

5.9 A certificate of occupancy must only be issued once all the requirements of this permit have been completed to the satisfaction of the relevant authority.

6 CFA CONDITIONS 6.1 The bushfire mitigation measures forming part of this permit or shown on

the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the responsible authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

6.2 The Bushfire Management Plan (Figure 11 in the Bushfire Management Plan prepared by Regional Planning and Design Pty Ltd (Ref: 15.121) and dated 22/12/2015) must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.

7 PERMIT EXPIRY – DEVELOPMENT 7.1 The permit for the use and development of the land will expire if one of the

following circumstances applies: • The development is not completed within four years of the date of this



ECO 46 PLANNING PERMIT APPLICATION 317/2015 - USE AND DEVELOPMENT OF A DWELLING AT CA16B, SECTION 2A PARISH OF CASTLEMAINE, 90 FORDS ROAD, YAPEEN (PA317/2015)


Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 317/2015 for the use and development of a dwelling at Crown Allotment 16B, Section 2A Parish of Castlemaine, 90 Fords Road, Yapeen. The application has been referred to Council for a decision as officers are recommending refusal.

Refer to:


Background 2.

The application was lodged on 18 December 2015 and seeks approval for use and development of a dwelling on land within the Farming Zone.

The subject site is located approximately 4.1 kilometres to the south west of the Castlemaine CBD and 1.7 kilometres West of the Midland Highway in Campbells Creek on the northern side of Fords Road. The site consists of a single, irregular shaped parcel of land with an area of 8 hectares. The site displays an undulating topography with a general slope of approximately 10-20 metres from the western boundary to the north-east and south-east boundaries of the site.

The property currently contains 2 sheds located on the western side of the subject site approximately 100 metres apart, 2 water tanks next to the new larger sized shed, a single crossover, a long gravel driveway and post and wire fencing surrounding the site. Bushland vegetation covers much of the south and western portion of the site, with the north eastern portion of the site being more clear of vegetation but scattered trees and shrubs are still present. There is also a large dam located at the southern boundary of the site.

The subject site is located within the Farming Zone and is covered by the Bushfire Management Overlay (BMO). Surrounding land consists of a mix of broad acre grazing land and vegetated bushland. Land immediately adjacent to the north is within the Rural Living Zone. Three dwellings are located within 400 metres of the subject site on Fords Road with the next closest dwellings being north of the site in the adjoining Rural Living Zone on Ranters Gully Road. The balance of surrounding area consists of land being used for agricultural purposes.

The proposed dwelling is an elevated single storey building, setback approximately 150 metres from Fords Road and 34 metres from the western boundary. The dwelling is proposed to have corrugated iron roofing and contain 3 bedrooms, 2 bathrooms, a kitchen, meals area, living area, 2 verandas and an alfresco.

Vehicle access to the site will remain unchanged from Fords Road.




Clause 11.04-5 Environment and Water

Relevant strategies within this clause aim to plan for better waste water management and to protect and restore natural habitats.

Clause 11.05-3 Rural productivity

The policy objective for rural productivity is to manage land use change and development in rural areas to promote agriculture and rural production. It includes strategies to prevent inappropriately dispersed urban activities in rural areas and limit new housing in rural areas including directing housing growth into existing settlements.

Clause 13.05 Bushfire

This clause aims to strengthen community resilience to bushfire. Strategies aim to prioritise protection of human life over other policy considerations in areas at risk of bushfire.

Clause 14.01-1 Protection of Agricultural Land

This clause aims to protect productive farmland which is of significance in the local or regional context and also protect unplanned loss of agricultural land due to permanent changes in land use.

Clause 14.02-1 Catchment Planning and Management

The objective of this clause is to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 14.02 -2 Water Quality

The objective of this clause is to protect water quality.




The policy identifies a hierarchy of urban centres, their role being defined by levels of population, services and physical characteristics. The township of Yapeen is identified as a small community situated in close proximity to Castlemaine suitable for rural living uses. The site is located 3.5 kilometres to the north of the Yapeen township.

This clause also contains the Mount Alexander Strategic Framework Plan which, amongst other things, aims to support productive agricultural land use of rural land.

Clause 21.05-5 Bushfire

This policy recognises the significant bushfire risk which exists throughout much of the Shire. Relevant strategies aim to minimise the risk of bushfire to life and property.


Clause 21.04-3 Rural and landscape character

This policy recognises the importance and appeal to both residents and visitors of the rural appearance and character of the Shire. When deciding on an application for development of land in rural zones, Council should consider, where appropriate, issues such as the effect on views and the natural landscape, setbacks of nearby development and consideration of topographical features in the siting of the development.

Clause 21.06-1 Protection of agricultural land

Policy within this clause recognises the prominent role that agriculture plays in the Shire. This policy identifies the broad agricultural quality of land within the Shire, rated on a state wide basis.

Strategies to implement the objectives of this clause include:

• Promote agriculture and horticulture as the primary land uses in the Shire unless other land uses are strategically justified.

• Discourage fragmentation of agricultural land if they are likely to lead to a non-agricultural use.

Clause 21.06-3 Water

This clause aims to protect and improve water quality and quantity in the Shire. Policy recognises the poor condition of water catchments, including open potable water catchment areas, which cover much of the Shire and outline strategies to address identified issues.

Clause 21.11 Infrastructure

This clause gives an overview of the Shire’s significant infrastructure assets and also issues arising due to lack of infrastructure in some areas. Key issues include preventing unplanned residential development in rural area which can increase costs of infrastructure maintenance and provision.

Clause 22.04 Use and development of land in the Farming Zone and Rural Living Zone

The policy basis for this clause builds on other Municipal Strategic Statement objectives of:

• Clause 21.03 to provide for rural living development in identified areas. • Clause 21.03 to ensure that rural living development is economically

sustainable. • Clause 21.06 to protect the land resources relied upon by agriculture.

The policy basis acknowledges that the fragmentation of productive agricultural land is to be avoided to ensure the productive capacity of the land is maintained. Objectives include that use and development of land for a dwelling is required to support the rural use of land, ensuring that dwellings do not adversely impact on agricultural activities on adjacent site and that a proposed dwelling will not result in the loss or fragmentation of productive agricultural land.

Zoning

Clause 35.07 Farming Zone (FZ)

As the land is less than 40 hectares, the use of land for a ‘dwelling’ is a Section 2 Use for which a permit is required under Clause 35.07-1 of the Farming Zone.


Building and works associated with a Section 2 Use also require a permit under Clause 35.07-4 of the Farming Zone.

Overlay

Clause 44.06 Bushfire Management Overlay (BMO)

A permit is required under the BMO to construct a building or construct or carry out works associated with accommodation. A dwelling is a defined sub-category of accommodation under the planning scheme.

Issues 4.

Farming Zone

The proposed use and development of a dwelling on the site is inconsistent with the purpose and decision guidelines of the Farming Zone.

The purpose of the Farming Zone includes to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture. A dwelling on land zoned Farming is explicitly a non –agricultural activity.

The application proposes that there is currently no agricultural activity being undertaken on the site. Nor has any agricultural activity been proposed as part of the application. The report does list possible agricultural uses, but does not provide any further assessment as to the viability of such uses or a management and maintenance regime that might implement such uses. Assumptions made within the application conclude that the site is not suitable for agriculture and, as a result, is suitable for residential uses. It is not considered that a new dwelling is required to support the agricultural activity which is currently occurring or future agricultural activities that may occur on the site without the presence of a dwelling.

Similarly, permitting the use of land for a dwelling, which has no connection to productive agricultural use of the land and due solely to the limiting factors and smaller size of the site, is not considered a sound planning approach and contrary to the purpose and intent of the zone.

Fords Road does contain dwellings located close to the road. Some of these dwellings are part of large land holdings containing many parcels and others on smaller crown allotments. Despite the presence of this small number of dwellings, the broader area is still characterised by extensive agricultural land use.

The application fails to take due consideration of the impact of slow, incremental encroachment of residential development into farming areas and the negative impact this has on agricultural activity on a broader scale. Decision guidelines of the farming zone contain a range of issues, in addition to agricultural capacity of the site, which require consideration of impacts beyond the site. Fundamental to this is the impact that the incremental change in land use has on the viability of farming activities.

The construction of the proposed dwelling contributes to fragmentation of existing agricultural land and has the potential to lead to proliferation of dwellings in the area.

In this instance, it has not been demonstrated that the use and development of a dwelling would enhance and support the existing or any potential future agricultural production on the site and could lead to a concentration and proliferation of dwellings in the area impacting the use of the land for agriculture.


State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF)

The SPPF and LPPF place a strong emphasis on protecting agricultural land zoned Farming for on-going agricultural use, and avoiding dwellings which would adversely affect this preferred outcome.

There is a clear theme throughout state and local policies particularly Clause 11.04-5, 11.05-3, 14.01-1, 21.02, 21.06-1 and 22.04, to protect productive agricultural land from inappropriate land uses and development. This applies not only to individual sites, but also to surrounding land.

This is particularly relevant in this instance given the zoning of adjacent land to the north for rural living. Planning policy has clearly defined the area to the north to be used for rural living. Incremental creep of rural residential uses outside of this area undermines the purpose of the farming zone and also strategies which set in place the demarcation of rural living areas.

The Shire contains limited areas of good quality agricultural land and loss of any existing areas to residential uses is identified as a key land use issue for the Shire. The site is located within a broader area with the second highest agricultural land quality in the Shire. The proposal is considered contrary to policy which aims to protect agricultural land and focus residential development within existing townships.

Bushfire Management Overlay (BMO)

The general purpose of the BMO is to ensure that development only occurs in areas where risk to life and property from bushfire can be reduced to an acceptable level. An application under the BMO must demonstrate how the development meets the requirements of clause 52.47 Planning for Bushfire.

A Bushfire Management Statement was submitted with the application which demonstrated how the development responds to and complies with relevant policy within clause 52.47. The application was referred to the Country Fire Authority (CFA) who did not object to the application.

It is considered that the development responds to the purpose of the BMO and relevant clauses and can reduce risk from bushfire to an acceptable level.



Consultation 6.

Advertising


No objections were received.

External Referrals

• Country Fire Authority No objection subject to conditions


Internal Referrals


• Environmental Health No objection subject to conditions

Conclusion 7.

Council has received an application for use and development of a dwelling at Crown Allotment 16B Section 2A Parish of Castlemaine, 90 Fords Road, Yapeen. The site is located within the Farming Zone and is covered by the Bushfire Management Overlay.

The application has not demonstrated the dwelling is needed to support or enhance farming activity. The proposal has the potential to lead to a proliferation of dwellings in the area and subsequently affect the operation and expansion of nearby agricultural uses.

The purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture.

The application is considered to be contrary to a variety of State and Local Planning Policy relating to protection of agricultural land.

The application has been assessed against the provisions of the planning scheme and does not meet the requirements.

It is recommended that this application be refused.

RECOMMENDATION

That Council issue a Notice of Refusal to Issue a Planning Permit for use and development of a dwelling at Crown Allotment 16B, Section 2A Parish of Castlemaine, 90 Fords Road, Yapeen on the following grounds:

1. The proposed use and development is contrary to State Planning Policy Framework and Local Planning Policy Framework, more specifically Clause 11.04-5 – Environment and Water, 11.05-3 – Rural Productivity, Clause 14.01-1 – Protection of Agricultural Land, Clause 21.02 – Vision and Framework Plan, Clause 21.06-1 – Protection of Agricultural Land, Clause 22.04 – Use and Development of Land in the Farming Zone and Rural Living Zone.

2. The proposed use and development is contrary to the purpose and decision guidelines of the Farming Zone.

3. Use and development of a dwelling on the lot would not support and enhance agricultural production.

4. The use and development of a dwelling on the lot could lead to a concentration or proliferation of dwellings in the area impacting the use of the land for agriculture; and

5. The use and development of a dwelling could adversely affect the operation or expansion of adjoining and nearby agricultural uses.


ECO 47 PLANNING PERMIT APPLICATION PA017/2015 – ERECTION OF INTERNALLY ILLUMINATED SIGNAGE, BUSINESS IDENTIFICATION SIGNAGE, AND A SKY SIGN, ALTERATION OF ACCESS TO A ROAD IN A ROAD ZONE CATEGORY 1, AND WAIVER OF PARKING, BICYCLE PARKING AND LOADING BAY REQUIREMENTS, IN ASSOCIATION WITH A RETAIL USE ON LOT 1 TP833482U, 122 BARKER STREET, CASTLEMAINE


Purpose 1.

The purpose of this report is to enable Council to determine the application for the erection of internally illuminated signage, business identification signage, and a sky sign, alteration of access to a road in a road zone category 1, and the waiver of parking, bicycle parking, and loading bay requirements, in association with a retail use on land known as Lot 1 TP833482U, 122 Barker Street, Castlemaine.

There are three outstanding objections to the proposal and officers are recommending approval subject to various permit conditions. Refer to:


Background 2.

This application was first lodged with Council on 15 March 2016.

The site is located on the southern side of Forest Street, close to the Barker Street intersection, in central Castlemaine. The site is 168 square metres in area and contains an existing vacant commercial building formerly used as a bus depot.

The subject site is located within the Commercial 1 Zone and is not covered by any overlays.

Most of the surrounding land is also in the Commercial 1 Zone. The majority of the lots in the area are used for commercial and retail premises, sales offices, restaurants and cafes.

The property shares a frontage with Forest Street, which is a busy VicRoads arterial road, and within a Road Zone -Category 1.

A permit is required under the Commercial 1 Zone, Car Parking, Bicycle Facilities, Loading Bay, Land adjacent a road in a Road Zone Category 1 and Advertising Sign provisions of the planning scheme.

It is proposed to use the site for a convenience restaurant with internal renovations, external minor works to add commercial ventilation systems for the kitchen facilities, various minor business identification signs and the two following large internally illuminated signs:

• Sign 1: 1.5 metre wide by 0.76 metre high (angled) logo Sky Sign. • Sign 2: 1.04 metre high by 4.68 metre long ‘Dominos’ Fascia sign with logo.




Clause 15.01-1 Urban design

The objective of this clause is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Clause 15.01-2 Urban design principles

The objective of this clause is to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

Clause 15.01-5 Cultural identity and neighbourhood character

Planning should ensure the recognition and protection of cultural identity, neighbourhood character and sense of place.

Clause 15.03-1 Heritage conservation

The objective of this clause is to ensure the conservation of places of heritage significance.


Clause 21.02 Vision and Framework Plan

Council’s vision aims to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable and secure an improved economic future, enhances lifestyle quality and maintains heritage character.

Clause 21.12-1 Castlemaine

This clause recognises the significance of Castlemaine and environs is due to a unique combination of many individual elements which contribute to its integrity as a whole.

Clause 21.12-2 Castlemaine Commercial Centre

This clause recognises Castlemaine’s commercial centre is the main activity centre in the Shire, with a retail core focused around Mostyn Street and Barker Street. This policy seeks to reinforce the centre’s role as the Shire’s primary local service centre, whilst building on its historic features. Additional retail and commercial investment is to be supported and encouraged in the Commercial Centre boundary, with a focus on major new investment on Forest Street.

This policy includes the following highly relevant specific strategy:

‘Support the re-development of the former bus depot site on the corner of Barker and Forest Streets for major new commercial development.’

Clause 21.09-1 Commercial

This clause seeks to reinforce the role of Castlemaine Commercial Centre as the primary local service centre in the Shire, and identifies as a key issue:


‘Stimulating the further redevelopment of under-utilised sites in the retail core of Castlemaine.’

Clause 21.07-1 Urban Environment

This policy outlines that ‘Council’s vision is for new development in the Castlemaine Commercial Centre to be pedestrian oriented and sympathetic to the built form and historic fabric of the town. Restoration of shopfronts and sympathetic streetscape design will be encouraged.’

This policy also recognises that Castlemaine has four highway entrances that play an important role for commercial and tourism development and act as the gateways to the township. Two of these entry routes (Barker Street and Forest Street/Pyrenees Highway) pass directly by the site.

This policy also identifies as a key issue: ‘Encouraging the development of underutilised commercial buildings and sites in ways that respect traditional building forms and heritage character.’

Clause 21.07-3 Heritage

This policy applies to all buildings, works, sites and landscapes of local natural and cultural significance, including those buildings or places which are listed in the schedule to the Heritage Overlay.

Planning Scheme controls

Zoning

The land is zoned Commercial 1 Zone.

In the Commercial 1 Zone a convenience restaurant and takeaway premises is a Section 1 use which does not require a permit.

Pursuant to clause 34.01-4 a permit is triggered for external works in the Commercial 1 Zone, including the proposed minor works to add commercial ventilation systems for the kitchen facilities.

Advertising sign requirements are at Clause 52.05. This zone is in Category 1.

Overlays

There are currently no planning overlays on the site.

Proposed Planning Scheme Amendment C60 was adopted by Council on 14 June 2016, and was recently submitted to the State Government for approval. This amendment can therefore be considered to be a seriously entertained proposal which should be taken into consideration, and this amendment proposes to include the site in a new heritage precinct overlay.

A permit is required under the Heritage Overlay to construct or display a sign.

• Externally paint a building if the schedule to this overlay identifies the heritage place as one where external paint controls apply.

• Externally paint a building if the painting constitutes an advertisement.

Proposed Amendment C60 in its current form does not propose external paint controls for the site, but a permit is triggered for the proposed advertising signage.


Particular Provisions

Clause 52.05 Advertising Signs

The Commercial 1 Zone is in Category 1.

Internally illuminated signage does not require a permit in this zone if the total advertisement area does not exceed 1.5 square metres.

The signage proposed does not comply with the as-of-right provision –as the internally illuminated front fascia sign (4.86 square metres) and the sky sign (1.14 square metres) combined have a total area of 6 square metres, and therefore a permit is required under this clause.

Clause 52.06 Car Parking

Pursuant to clause 52.06-3, a permit is triggered to partly or entirely reduce statutory car parking requirements.

Clause 52.07 Loading and Unloading Facilities

A permit is triggered under this clause to reduce or waive loading bay requirements.

Clause 52.34 Bicycle Facilities

Pursuant to clause 52.34-2 a permit is triggered to partly or entirely reduce bicycle parking facility requirements.

Clause 52.29 Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Road Zone, Category 1.

A permit is triggered under this clause for the alteration of access to a Road Zone, in this case the removal of access.

Issues 4.

A planning permit is required for this proposal under the Commercial 1 Zone, Advertising Signs, Car Parking, Bicycle Facilities, Land adjacent to a road in a Road Zone Category 1, and Loading Bay provisions of the planning scheme, and the provisions of the Heritage Overlay should be considered due to the proposed Amendment C60.

Signage and aesthetics

The original proposal included painting over the entire brick façade in dark black paint, and also included a proliferation of small signs on every window pane. This was considered unacceptable and Council officers requested changes to make the proposal more sympathetic to the heritage aesthetic of Castlemaine’s commercial centre.

In response, the applicant submitted the current, amended plans, which retain the existing brick façade, unpainted and with reduced signage. The revised proposal is considered to be a very significant improvement in reducing the visual impact on the streetscape and in retaining the heritage aesthetics of the area.

The proposal was referred to Council’s Heritage Advisor, who requested various additional changes which are discussed later in this report. The current amended plans, when combined with some further changes, results in a design which is


appropriate and does not detract from the heritage value and aesthetics of the area. The additional changes are discussed later in this report.

Car parking, bicycle parking, and loading bay requirements, and the alteration of access to a road in a Road Zone Category 1.

As the building is a former bus depot with an existing disused crossover, the proposal is technically altering access to a road in a road zone, category 1 (Forest Street/Pyrenees Highway) by formally ending the use of this crossover. VicRoads conditions will therefore require the disused crossover to be restored to footpath, kerb and channel, as is appropriate.

Clause 52.06-5 requires 0.3 car spaces to be provided per patron for a convenience restaurant. The proposal includes seating for up to 24 patrons, which would result in a parking requirement of 7 car spaces. The proposal seeks a full waiver of car parking requirements. This is considered to be appropriate because the proposal utilises an existing commercial building with no suitable land available for new visitor car parking, ample street parking is available in the area, and this form of small business without on-site parking is common and typical throughout the Castlemaine Commercial Area. The removal of the existing crossover might allow for an additional parking space, and permit conditions will require any new parking line marking and parking restriction signage to be suitably provided.

For truck deliveries there is an existing on-street loading bay located less than 30 metres to the East, and it is perfectly appropriate to use this existing adjacent facility rather than requiring an unnecessary new loading bay.

Clause 52.34-2 requires 2 bicycle spaces plus 1 space per 25 square metres of floor area for a convenience restaurant, for a total requirement of 9 spaces for this proposal. The applicant is proposing to provide two bicycle spaces at the rear of the shop for staff to use. This is fairly typical of businesses in the area and is appropriate, especially as most visiting patrons will typically only be stopping very briefly while picking up takeaway food.

All parking, access, loading bay, and bicycle facility issues are considered to be suitably addressed.



Consultation 6.

Advertising


A total of three (3) objections to the application have been received.


Issues raised by objectors are summarised below.

Creation of unfair competition for existing pizza businesses


This is not a valid planning consideration. It is not the role of the planning approvals system to limit normal commercial competition in a free market.

Under Section 57(2A) of the Planning and Environment Act (1987) it can also be noted that Council as the Responsible Authority may reject any objection made for commercial advantage.

Concerns regarding potential health impacts of fast food.

Again, this is not a valid planning consideration. There is also a wide variety of existing fast food businesses in the area selling similar types of food, and it is not appropriate to unfairly discriminate against this proposal.

Car parking concerns

As has been previously outlined, the proposed waiver of parking requirements is considered to be appropriate because the proposal utilises an existing commercial building with no suitable land available for new visitor car parking. Ample street parking is available in the area, and this form of small business without on-site parking is common and typical throughout the Castlemaine commercial area. Permit conditions would also require the removal of the existing crossover which may allow for an additional parking space, and would require any new parking line marking and parking restriction signage to be suitably provided.

Inappropriate use of an illuminated sky sign

Proposed permit conditions would require removal of the sky sign from the plans to avoid setting an undesirable precedent.

Inappropriate appearance and signage for a heritage building and area.

As has been previously outlined, significant improvements have already been made to the plans such as retaining the face-brick facade, and permit conditions would include further improvements such as removing the sky sign. The proposal would now respond suitably to the aesthetic values of the building and the area.

External Referrals

The application was referred to VicRoads, which did not object subject to permit conditions including an amended plans requirement to show changes to parking and parking signage, and the replacement of the disused crossover with footpath, kerb and channel.

Internal Referrals

The application was referred to Council’s infrastructure department, which did not object to the proposal subject to various conditions.

The application was also referred to Council’s Heritage Advisor, who did not object to the proposal but requested that two significant changes be made to the plans, which can be summarised as follows:

• Proposed sign 2 (front fascia/façade sign) should be changed to fit between the cream brick bands to the parapet, and the proposed internal illumination of the sign removed.

• Proposed sign 1 (sky sign) should be deleted as it is not consistent with current heritage policy and will detract from the appearance of the building. The roof top sign is not located in a practical or traditional signage location, and the proposed internal illumination of the sign will further detract from the architecture.


The proposed change to sign 2 (the front fascia/façade sign) is not supported, as the ‘Domino’s’ wording fits perfectly between the cream brick bands, and only a small corner of the logo projects over the top cream brick band of the parapet. The internal illumination is also considered to be normal for this form of business.

However, the proposed removal of sign 1 (sky sign) is supported, as there are no similar illuminated sky signs anywhere else in the Castlemaine commercial centre, and as such this may set a precedent, in addition to being inappropriate to the heritage aesthetic of the area.

However, it is acknowledged that the business will likely still require some signage which can be seen at a modest distance by the passing traffic on Forest Street. Proposed permit conditions will allow the applicant to add a replacement sign of similar dimensions on the Eastern wall if desired.

These changes will allow sufficient advertising to properly support the proposed commercial activity without setting a poor precedent or overwhelming the heritage value and aesthetics of the building and the area.

Conclusion 7.

Council has received a planning permit application for the erection of internally illuminated signage, business identification signage, and a sky sign, and the waiver of parking and loading bay requirements, in association with a retail use on land known as Lot 1 TP833482U, 122 Barker Street, Castlemaine.

The site is located within the Commercial 1 Zone and is not currently covered by any overlays. A Heritage Overlay is proposed for the site and other surrounding properties under proposed planning scheme amendment C60. A planning permit is required for this proposal under the Advertising Signs, Parking, and Loading Bay provisions of the planning scheme.

Significant improvements have already been made to the plans such as retaining the face-brick facade, and permit conditions would include further improvements such as removing the sky sign. All significant issues such as advertising signage and building aesthetics, car parking, and loading activities, are considered to be suitably addressed.

The proposal is able to respond suitably to the aesthetic values of the building and the area, and would utilise an existing vacant building to contribute to greater commercial activity within the Castlemaine commercial centre.

It is recommended that the proposal be supported subject to conditions.

RECOMMENDATION

That Council issue a Notice of Decision to Approve a Planning Permit for the erection of internally illuminated signage, business identification signage, and a sky sign, alteration of access to a road in a road zone category 1, and the waiver of parking, bicycle parking, and loading bay requirements, in association with a retail use on land known as Lot 1 TP833482U, 122 Barker Street, Castlemaine, subject to the following conditions:

1 PLANS REQUIRED 1.1 Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the


Responsible Authority. Once approved, the plans will form part of the permit. Plans must be generally in accordance with the plans supplied with the application but modified to show: • Removal of the proposed illuminated sky sign (sign 1) from the plans. • An internally illuminated sign similar to the removed sky sign (the

Domino’s logo) may be added to the black parapet/fascia section of the Eastern elevation/wall of the building if desired to provide replacement signage. This sign must be no larger than the Domino’s logo in the front fascia sign (which has a height of 1.040 metres).

• An on-street car parking plan clearly showing: a) Available car parking; b) The use of the existing loading and unloading parking bays in Forest

Street. c) All existing and proposed line marking and signage, including parking

signs and no-parking signage where appropriate after the changes made by proposed works, to the satisfaction of Council.

d) The existing double crossover layback to be removed and reinstated with kerb and channel.

• Any changes necessary to ensure consistency with VicRoads permit condition requirements.



3 ENGINEERING CONDITIONS 3.1 No Parking signs

Prior to commencement of the use, a sign or signs must be installed at the property frontage creating a no parking zone to the satisfaction of the council. Such sign(s) must be located in the vicinity of the frontage of the subject land and maintained to the satisfaction of the Responsible Authority.

3.2 Loading and Unloading The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land or using existing loading and unloading parking bays in Forest Street.

3.3 Drainage The legal point of discharge to the development is to the existing internal drainage system. Accordingly stormwater runoff from all buildings and paving areas must be drained and connected to the existing drainage.

3.4 Sediment pollution Control The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991)


3.5 Existing infrastructure conditions All existing road reservation assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to commencement of the use.

4 VICROADS PERMIT CONDITIONS 4.1 Prior to the commencement of any development on the subject land, plans

must be submitted to and approved by the Roads Corporation. When approved by the Roads Corporation, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and copies must be provided. The plans must be dated and annotated to show: a) An on-street car parking plan clearly showing:

• All customer car parking; • The loading and unloading parking bay; • The bay where the collection of grease trap waste is to be

undertaken; and • All existing and proposed line marking and signage.

b) The existing double driveway layback removed and the proposed kerb and channel.

4.2 Prior to the development hereby approved coming into use: a) A traffic management plan must be provided to the Roads Corporation’s

satisfaction and prepared by a pre-qualified traffic management consultant clearly demonstrating how pedestrians will be managed during the collection of grease trap waste material from the subject land.

b) The following works must be completed to the satisfaction of and at no cost to the Roads Corporation: • The existing double driveway layback removal and the reinstatement

of the nature strip area and kerb and channel. • All on-street car parking line marking and signage installation.

4.3 Prior to the collection of waste from the grease trap, a signed Memorandum of Authorisation is required from VicRoads for the implementation of the VicRoads approved Traffic Management Plan for the management of pedestrians during the collection of waste from the grease waste trap.

5 EXPIRY – USE AND DEVELOPMENT 5.1 The permit for the use and development of the land will expire if one of the

following circumstances applies: • The development is not commenced within two years of the date of this

permit; • The use is not commenced within two years of the date of this permit; • The development is not completed within four years of the date of this



ECO 48 PLANNING PERMIT APPLICATION 065/2016 – USE AND DEVELOPMENT OF A DWELLING AT LOT 2 TP937774B, 3003 PYRENEES HIGHWAY, NEWSTEAD (PA065/2016)


Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 065/2016 for the use and development of a dwelling at Lot 2 TP937774B, 3003 Pyrenees Highway Newstead. The application has been referred to Council as it relates to development in the Farming Zone.

Refer to:


Background 2.

The application was lodged on 6 April 2016 and seeks approval for use and development of a dwelling within the Farming Zone.

The subject site is approximately 1.3 kilometres to the west of the Newstead Township. The site is an irregularly shaped lot of 5.60 hectares consisting of 1 parcel of land (Lot 2 TP937774B) with frontages to two road reserves being a sealed section of the Pyrenees Highway at the northern boundary and an unsealed section of Clarke Lane at the southern boundary. There is a railway line reserve at the southwestern boundary. To the east is a lot containing an existing dwelling.

Vehicle access is proposed to be from Clarke Lane.

The site is currently vacant of any buildings. Mature vegetation is present on site concentrated around the eastern section of the site along the boundaries. There is a large tree to the southwest of the site which is located adjacent to the boundary shared with the railway line reserve. The site very gently slopes from the south west down to the north west.

The site is located within the Farming Zone and is covered by Schedule 2 to the Environmental Significance Overlay (ESO2). The site is on the edge of town, with large farming zone lots to west, but small township zone lots to the east. Land to the north of Pyrenees Highway and land to the west and south of Clarke Lane consists of broad acre farming land. The Pyrenees Highway is situated adjacent to the site with good access to the township of Newstead.

The dwelling is proposed to be situated on the eastern side of the site, 30 metres from Clarke Lane and 64 metres from the eastern boundary.

The proposed dwelling contains 3 bedrooms, 2 bathrooms, kitchen, laundry, single lock-up garage and a number of living areas. The dwelling will be constructed of all-weather boards, corrugated iron roof and have a total floor area of 145.91m² and a building footprint of 254.27m². The dwelling design is complimentary to the surrounding environment and neighbouring properties.





Relevant strategies mentioned in this Clause relate to the protection and conservation of environmentally sensitive areas to ensure identified environmental values are maintained.

Clause 14.01 Agriculture

Relevant strategies mentioned in this Clause relate to encouraging sustainable agricultural uses and to protect productive farmland. Strategies include preventing unplanned loss of productive land due to permanent changes in land use.

Clause 14.02 Water

Relevant strategies mentioned in this Clause relate to the protection and restoration of water catchments and the protection of water quality from contamination.

Clause 16.02 – 1 Rural residential development

The objective of this clause is to identify land suitable for rural living and rural residential development. Strategies include to manage development in rural areas to protect agriculture.




The policy identifies a hierarchy of urban centres, their role being defined by levels of population, services and physical characteristics. Newstead is identified as small village/hamlet within the Shire which is to accommodate the local community with convenience shopping and other facilities.

Clause 21.03 - 3 Rural living

The objective of this clause is to provide rural living development in appropriate areas whilst ensuring that these developments are economically sustainable. Key issues relate to protecting productive agricultural land from rural living development and considering the cost of providing services and infrastructure to isolated rural living allotments.

Clause 21.06-1 Productive agricultural land

This clause identifies agriculture as the predominant land use in the Shire. Productive capacities of various areas of the Shire are outlined based on land quality. The site is located within an area of moderate agricultural quality which is the highest rating within the Shire.

Clause 21.06 - 2 Sustainable agricultural land use

The relevant objectives to this clause relate to the minimisation of potential amenity impacts between agricultural uses and rural lifestyle uses.


Clause 21.06 - 3 Water

The objective of this clause is to improve water quality and waterway health within the Shire and to increase the environmental flows in streams and waterways within the Shire.

Clause 22.04 Use and development of land in the farming zone and rural living zone

This clause applies to the use and development of land in both the farming and rural living zones. The relevant objective of this clause is to ensure that the use and development of land for a dwelling does not adversely impact on the agricultural activities carried out on the land and neighbouring sites and to ensure that the proposed dwelling will not result in the loss or fragmentation of productive agricultural land.

Zoning

Clause 35.07 Farming Zone (FZ))

The use of land for a dwelling on an allotment of less than 40 hectares requires a permit under Clause 35.07-1 of the Farming Zone. The farming zone also requires a permit for building and works associated with a section 2 use and buildings and works within stated setbacks under Clause 35.07-4.

Overlay

Clause 42.01 Environmental Significance Overlay Schedule 2 (ESO2)

Under clause 42.01-2 a permit is required to construct a building or construct or carry out works within the Environmental Significance Overlay Schedule 2.


Not Applicable

Issues 4.

Strategic justification for use and development of the site

There is a range of policy within the planning scheme which aims to protect and enhance productive agricultural land, particularly from the encroachment of incompatible land uses such as dwellings.

The subject site is located within an area with characteristics that contrast with much of the policy descriptions in the planning scheme. Although the site is located in an area of land with moderate soil quality, the pattern of surrounding development closer to Newstead has transitioned into a rural living form and density. The subject site’s potential for agricultural use is limited and the area is clearly demarcated by the physical boundaries of the Pyrenees Highway, railway line reserve, Clarke Lane and the township of Newstead to the east. The site does not have the capability to function as a significant agricultural endeavour and cannot be consolidated into large scale adjoining properties due to its physical isolation. The site is within approximately 1.3 kilometres from the centre of Newstead and adjacent to the township zone. The property is located 1.3 kilometres from the Newstead Post Office, 1.5 kilometres from the local primary school and 414 metres from the nearest dwelling within the Township Zone.


Given the specific context of residential land use and development in the area, the proposal will not result in loss or fragmentation of productive agricultural land. There are no other similar small farming zone lots in the immediate area. Areas beyond the Pyrenees Highway and Clarke Lane will remain as productive agricultural land.

The proposal will not have any noticeable impact on the existing agricultural use of surrounding properties.



Consultation 6.

Advertising


No objections were received

External Referrals

• VicTrack No objection subject to conditions

Internal Referrals


• Environmental Health Unit No objection subject to conditions

• Environment Officer No objection, No conditions

• Heritage Advisor No objection, subject to recommendations

Conclusion 7.

Council has received an application for the use and development of a dwelling at Lot 2 TP937774B, 3003 Pyreness Highway Newstead. The site is located within the Farming Zone and is covered by Schedule 2 to the Environmental Significance Overlay.

The site is appropriately placed for the use and development of a dwelling and is considered to be consistent with orderly planning of the area.

The proposal has been assessed as being generally in accordance with relevant provisions of the planning scheme.

It is recommended that Council issue a Notice of Decision to Grant a Permit subject to conditions.


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for the use and development of a dwelling on Lot 2 TP937774B, 3003 Pyrenees Highway, Newstead subject to the following conditions:

1 Layout Not Altered The use and /or development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

2 ENVIRONMENTAL HEALTH Prior to any development the applicant shall apply for a Permit to install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970. The applicant will be required to install an all-waste on-site waste water system. The system must be an Environment Protection Authority approved system installed, operated and maintained in accordance with the Environment Protection Authority’s current edition of the Code of Practice – Onsite wastewater management and the Australia New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.

3 VICTRACK To ensure rail safety: The permit holder must not, at any time:

3.1 Allow any drainage, effluent, waste, soil or other materials to enter or be directed to the railway land; or store or deposit any waste, soil or other materials on the railway land.

3.2 The permit holder must not carry out, or allow to be carried out, any excavation, filling or construction on the common boundary between the subject land and the railway land unless it has obtained the prior written approval of VicTrack and the Rail Operator.

3.3 The permit holder must not plant any plants or tree species that are likely to cause any future overhang onto the railway land or disturbance to the railway operations.

4 DRAINAGE WORKS 4.1 The whole of the subject land, including landscaped and paved areas, must

be graded and drained to the satisfaction of the council as the responsible drainage authority so as to prevent the discharge of water from the subject land across any road, railway track or onto any adjoining land.

4.2 The stormwater runoff from future buildings and paved areas must be directed to storage tanks / reuse dams and any overflow dissipated as normal concentrated overland flow.

5 INTERNAL DRIVEWAY AND VEHICLE CROSS OVER The internal driveway access shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts. Vehicle crossovers appropriate to the development and existing site conditions are to be constructed to the levels/requirements of Council. Council’s minimum standards are: • 3.5 metre wide,


• 100mm minimum compacted thickness of road base gravel from edge of pavement to property line,

• Appropriately sized reinforced concrete pipes centred on the crossover. Minimum size is 375 mm diameter.

• Low profile culvert end-walls, • No impeding or redirection of existing surface flows as a result of these

works,

6 SEDIMENT POLLUTION CONTROL The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991).

7 CONSENT FOR CONSTRUCTIONS a) All existing road reservation assets are to be protected and maintained

throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance.

b) Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and be issued a permit to occupy the road for works.

8 CONSTRUCTION OF A DWELLING A certificate of occupancy must only be issued once all the requirements of this permit have been completed to the satisfaction of the relevant authority.

9 PERMIT EXPIRY – DEVELOPMENT ONLY 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 the permit expires or within six months afterwards (for a request to extend the time to commence the development) or twelve months after the permit expires (for a request to extend the time to complete the development).


9.4. BUILDING SUSTAINABLE COMMUNITIES (COM)

COM 46 ADOPTION OF PLANNING SCHEME AMENDMENT C56 – DIAMOND GULLY STRUCTURE PLAN IMPLEMENTATION


Purpose 1.

This report is presented to Council to enable the consideration of the recommendations of the Planning Panel Report – Amendment C56, and to consider the adoption of Mount Alexander Planning Scheme Amendment C56, and the revised Diamond Gully Structure Plan.

Amendment C56 proposes to amend the Mount Alexander Planning Scheme to give effect to the Diamond Gully Structure Plan 2014 (DGSP).

Refer to:

Separate Attachment COM 46A: Amendment C56 – Diamond Gully Structure Plan -Planning Panel report

Separate Attachment COM 46B: Proposed Amendment C56 Amendment documentation as recommended for adoption by Council

Separate Attachment COM 46C: Amendment C56 - Diamond Gully Structure Plan Adoption – Proposed DGSP 2016

Background 2.

The DGSP was first adopted by Council in 2010. However following the publication of the Victorian Bushfires Royal Commission reports into the Black Saturday bushfires in February 2009, further assessment of bushfire management requirements took place and a 2014 version of the DGSP was adopted by Council. This became the basis for Amendment C56.

Amendment C56 was exhibited from 23 March 2015 to 8 May 2015 in accordance with a Council resolution made on 19 December 2014. The exhibition resulted in 12 submissions being received by Council.

At the Ordinary Meeting of Council on 23 June 2015, Council resolved to:

1. Consider all submissions made to Mount Alexander Planning Scheme Amendment C56 and accept the late submission from the Country Fire Authority, as allowed for under Section 22 of the Planning and Environment Act;

2. Change Mount Alexander Planning Scheme Amendment C56 by altering the proposed boundary realignment of the Industrial 1 Zone, and Industrial 3 Zone on 19 Langslow Street, Castlemaine, so that all of proposed Lots 1-3 are in the Industrial 1 Zone, and all of proposed Lots 4-8 are in the Industrial 3 Zone; and

3. Request the Minister for Planning to appoint a Planning Panel to consider Amendment C56 and all submissions in accordance with Section 23 of the Planning and Environment Act.


The panel hearing for Amendment C56 was completed on 12 October 2015, with the panel report being received by Council on 19 November 2015.


Policy Implications

The preparation of the amendment is consistent with the objective of the Mount Alexander Shire Council Plan 2013-2017 to “utilise land and development policies to deliver outcomes appropriate for the long term needs of our communities”. A number of strategies to achieve this objective are listed, including to “Ensure adequate land is available for residential development". Amendment C56 is consistent with this strategy.

The proposal has broad support within a number of Council strategies and planning related reports and studies, including:

• Review of the Mount Alexander Planning Scheme, 2014. The settlement section of this recently adopted review emphasises the priority of resolving issues in implementing the DGSP. It notes the Shire has faced major challenges in preparing and implementing the DGSP, which is its most significant settlement strategy, and that finalisation of this structure plan should continue to be Council’s top settlement priority.

• The Mount Alexander Urban Living Strategy (October 2004), which identifies most of the southern section of the DGSP area as ‘proposed new residential area’, and proposes that this be implemented by rezoning from Rural Living Zone and Rural Zone (now Farming Zone) to Residential 1 Zone (now General Residential Zone).

• Castlemaine Land Use Strategy (2004) which notes that growth should occur in this area, and on predominantly cleared land.

• Castlemaine Residential Strategy (revised 2005) which identifies this site within the Castlemaine urban (township) boundary as suitable for rezoning.

• Residential Land Demand and Supply Analysis (2010) which identified the need to rezone further land for residential development, with Castlemaine having approximately ten years of suitably zoned land for residential development in 2010.

• Walking and Cycling Strategy 2010-2020, which includes the objective of ensuring that all new developments that have some bearing on walking and cycling will seek to improve conditions for these activities. This includes the specific strategies of providing:

o Off-road access into our towns; o Access through towns without interaction with traffic, or reducing

interactions with traffic to a minimum; and o A 2.5 metre wide shared bicycle/footway on the edges of the walking zone

that connect specific locations on the outskirts of our towns back to the footpath and bike lane networks.

Diamond Gully is on the edge of the walking zones of both Castlemaine and Campbells Creek, being approximately 2.5 kilometres from the centre of each.

Statutory Implications

Planning and Environment Act 1987

Section 24 of the Act requires a planning panel to consider all submissions referred to it and give submitters, Council and any responsible authorities affected


by the amendment an opportunity to be heard. These requirements were met at the panel hearing.

Section 25 of the Act states that the panel must report its findings to Council and may make recommendations. Council received the panel report on 19 November 2015.

Section 26 of the Act requires that Council make the report public within 28 days of receiving it. The report became a public document on 17 December 2015.

Section 27 of the Act states that Council must consider the panel’s report before deciding whether or not to adopt the amendment. The purpose of this report is to enable Council to consider the panel report

Section 29 of the Act allows Council to adopt the amendment (in part or in full) with or without changes. Once Council has adopted the amendment, Section 31 of the Act requires Council to submit the amendment to the Minister for Planning for approval. The purpose of this report is to enable Council to consider adoption of the amendment and submission to the Minister for Planning for approval.

Mount Alexander Planning Scheme

State Planning Policy Framework

Clause 13.05 Environmental Risk – Bushfire includes the overarching strategy of prioritising the protection of human life over other policy considerations in planning and decision making in areas at risk from bushfire. This requirement, its subsidiary strategies, and the permit requirements at Clause 52.47 Bushfire Management Overlay were introduced in November 2011 to implement the recommendations of the VBRC. These are the planning provisions that have necessitated a revision of the DGSP.

Clause 18.01 Integrated Transport includes the strategy of coordinating improvements to public transport, walking and cycling networks with the ongoing development and redevelopment of the urban area. In particular, Clause 18.02-1 Sustainable Personal Transport includes these strategies:

• Encourage the use of walking and cycling by creating environments that are safe and attractive;

• Develop high quality pedestrian environments that are accessible to footpath-bound vehicles, such as wheelchairs, prams and scooters;

• Ensure development provides opportunities to create more sustainable transport options such as walking, cycling and public transport; and

• Ensure cycling routes and infrastructure is constructed early in new developments.

Clause 19.03 Development Infrastructure includes these strategies:

• Provide for sewerage at the time of subdivision; • Include measures to reduce peak flows and assist screening, filtering and

treatment of stormwater; and • Encourage the re-use of wastewater.

Local Planning Policy Framework

Clause 21.12 – Local Areas. The Local area implementation measure at Clause 21.12-1 ‘Castlemaine’ is to ensure that any proposed use or development in


Castlemaine is generally consistent with the Castlemaine Land Use Framework Plan in Figure 7. That Framework Plan identifies the Diamond Gully Structure Plan Area as being within the Urban Growth Boundary and as an area for future residential development.

Issues 4.

The panel has recommended the Council adopt the amendment, subject to a number of changes (Recommendations 1 to 9). The reasons for the panel’s recommendations are set out in detail in its report. The recommended changes are listed in the table below, along with the officer response.

Panel Recommendation Officer response

1 Adopt Mount Alexander Planning Scheme Amendment C56 as exhibited, subject to the changes recommended in this report.

Agree with panel recommendation.

2 Acknowledge the Diamond Gully Structure Plan in the planning scheme as a reference document, rather than an incorporated document as exhibited

Agree with panel recommendation. This will ensure consistency with the planning practice note on incorporated and reference documents, and will also enable the DGSP to be refined over time without the need for this to occur through the planning scheme amendment process. Officers supported this proposed change at the panel hearing

3 Finalise and adopt the 2015 version of the Diamond Gully Structure Plan in accordance with the recommendations of this report.

Agree with panel recommendation. At the panel’s request, a revised draft of the DGSP was prepared by Council officers and distributed to the parties to the hearing for their consideration. This was generally accepted by the other parties to the hearing, and forms the basis of the 2016 version of the structure plan.

4 Amend the 2014 version of the Diamond Gully Structure Plan to create a 2015 version to reflect: a) The area immediately to the west

of the Diamond Gully Estate Pty Ltd land as “medium significance vegetation”

b) The northern end of the collector road (north of its intersection with Diamond Gully Road) to follow

Agree with panel recommendation. The 2016 version of the structure plan includes all of the changes (a) to (f) inclusive recommended by the panel. In relation to change (g), it was apparent that increasing the buffer around the landfill to 500



the Ireland Street alignment, with the northern section of Diamond Gully Road to be downgraded to access street standard when the Ireland Street upgrade is completed

c) Diamond Gully Road to continue to be shown as a collector road (annotation to note: Interim measure pending the upgrading of Ireland Street)

d) Ireland Street to be shown as the preferred controlled intersection

e) The realignment of the intersection of the collector road and Ranters Gully Road further west with the notation that ‘the exact alignment is to be determined at subdivision stage’

f) The cleared parcel of land (CA22 Section 6 and Part CA31 Section 6 Parish of Castlemaine) be identified for residential (Greenfield) – conventional and medium density

g) The 500 metre landfill buffer as recommended by the EPA, if further discussions between Council, the landowners and the EPA do not reduce the buffer.

metres would have a significant impact on the areas identified in the structure plan for future residential development. Therefore Council commissioned GHD to undertake an odour impact assessment to ascertain whether a lesser buffer would be appropriate. GHD’s report ‘Castlemaine Odour and Landfill Assessment, May 2016’ has been received and recommends a 200 metre buffer which is slightly different to the 200 metre buffer as proposed in the exhibited structure plan. The GHD buffer has been endorsed by the EPA. As a consequence, the structure plan report has been further changed to include reference to this recommended buffer, and the structure plan has been amended to incorporate the buffer. The ‘Castlemaine Odour and Landfill Assessment, May 2016’ report has also been included as a reference document in the structure plan report.

5 Amend the plan within the Diamond Gully Structure Plan to accurately show: a) The boundary of the Trust for

Nature covenanted property b) Contours c) A dam to the west of the

southern residential precinct.

Agree with panel recommendation. The 2016 version of the structure includes these recommended changes.

6 Replace the exhibited Local Policy 22.34 Diamond Gully Area with Clause 21.12 Diamond Gully Area, as attached in Appendix D of this report, subject to inclusion of a version of the plan consistent with the panel recommendations.

Agree with panel recommendation. The proposed Clause 21.12 is part of the amendment documentation and was prepared by Council officers and submitted to the panel during the course of the hearing, and would be included as part of the Municipal Strategic Statement (MSS). This is consistent with



the changes to the planning scheme that have been introduced by Amendment C61 (MSS review) which was approved by the Minister for Planning on 28 April 2016.

7 Adopt the rezoning of the northern parcel of land to General Residential Zone Schedule 1 subject to the modification of the south‐east boundary to exclude the sliver of land within the 500 metre buffer to the existing landfill, and not proceed with the rezoning of the southern parcel of land to GRZ.

Disagree with panel recommendation. This recommendation is no longer relevant in light of the acceptance by the EPA of the revised 200 metre buffer around the landfill recommended in the report ‘Castlemaine Odour and Landfill Assessment, May 2016’. The proposed GRZ1 zonings as shown on the exhibited Zoning Plan are therefore recommended for adoption and are shown on the zoning plan which forms part of the amendment documentation.

8 Adjust the boundary of the rezoning to Industrial 3 Zone from Industrial 1 Zone to ensure that the entire ‘lot 4’ of the proposed subdivision is included in Industrial 3 Zone

Agree with panel recommendation. This accords with Council’s submission to the panel and will ensure that the type of industrial uses on proposed Lot 4 are more sympathetic with the adjoining land which is identified on the DGSP for future residential development. The amended Zoning Plan is part of the amendment documentation.

9 Replace the exhibited Environmental Audit Overlay with the Environmental Significance Overlay, with the Schedule as included as Appendix E.

Agree with panel recommendation. This change was supported by Council at the panel hearing following discussions with the EPA. It is agreed that the ESO is a more appropriate planning tool in this instance than the EAO. The new ESO is part of the amendment documentation.

There are several issues which Council will need to address as a consequence of the panel’s recommendations and following the adoption of this amendment:


Developer contribution funding

The panel has supported Council’s position that the DGSP should be amended to show the northern end of the collector road which will service the structure plan area as following the Ireland Street alignment. Council does not have a development contributions plan or special charge scheme mechanism in place to secure funding of this, but submitted at the hearing that a report on the potential to collect development contributions is in preparation.

In relation to this issue, the panel strongly reiterated the recommendation of the planning panel for amendment C76, relating to the rezoning of land at Bulkeleys Road to the north side of the Pyrenees Highway, that steps be taken to reach an agreement before the amendment was adopted.

Council officers have commenced discussions with developers at Diamond Gully in relation to this. Council will ensure developers agree to appropriate developer contributions.

Consideration of open space requirements

Concerns were raised during the panel hearing about the lack of open space provision in conjunction with subdivisions which have been occurring in the northern part of the DGSP area. The panel noted that the 2010 and 2014 versions of the DGSP made little reference to planning for open space in the Diamond Gully area, and considered that this to be an oversight and that public open space should be a central consideration in any structure plan of this scale. Although it did not make a recommendation in relation to this, it strongly suggested that Diamond Gully should be carefully planned for in Council’s open space strategy.

Council has adopted a Public Open Space Strategy, May 2016. The Public Open Space Strategy requires Council to explore opportunities to acquire an open space site suitable for development of an informal park, play space and family recreation destination in the Diamond Gully / McKenzie Hill area.


Adoption of Amendment C56 will result in an increase in the number of planning permit applications, particularly for subdivision, and this would have a short term effect on Council’s costs in terms of staff time required to assess these applications. Council will need to ensure it meets its statutory obligations in regard to planning permit applications.

The costs of administering the planning scheme amendment, and the costs of the planning panel have been met within the 2015/2016 Strategic Planning budget.

Consultation 6.

Amendment C56 was subject to a statutory exhibition, which allowed affected stakeholders and interested parties to make submission to the planning authority. Council received 12 submissions during the public exhibition period. Submitters were also afforded an opportunity to make further representations to the planning panel appointed by the Minister for Planning.

The panel has considered all submissions and the merits of the amendment and has made recommendations on appropriate changes to the amendment.


Further submissions made to Councillors subsequent to the Panel Hearing

Two of the submitters to the panel hearing, namely Diamond Gully Estate Pty Ltd (which is the owner of most of the land in the southern part of the Diamond Gully Structure Plan area) and Ms Jan Hall (who desires to do a land swap with Diamond Gully Estates), made further submissions to Councillors at a meeting on 17 May 2016.

Mr Frank Panter of the Friends of the Box Ironbark Forests also made a submission to Councillors despite not making a submission to the panel.

Diamond Gully Estate Pty Ltd proposed changes to the planning panel at the hearing which were supported by the other parties, including Council, as follows:

• For the future residential land within the structure plan to include cleared land at the north-west of the Diamond Gully Estate landholding. On the exhibited Structure Plan the land concerned was shown as future low density rather than conventional residential. It was agreed by the parties that inclusion of this land was consistent with the principles of the Diamond Gully Structure Plan that development be directed to cleared areas.

• For the future intersection of the collector road and Ranters Gully Road to be relocated further to the west. It was agreed by the parties that this had merit because it reduces the need for some land acquisition, would result in improved sight lines, and because the extent of vegetation loss would be comparable.

These changes are shown on the revised Diamond Gully Structure Plan 2016.

However Diamond Gully Estate has taken issue with a number of the panel’s recommendations and therefore with the structure plan as now proposed:

The status of vegetated land in the western part of the Structure Plan area

Diamond Gully Estate has prepared its own structure plan (Robert Day Master Plan) which proposes that residential development would extend further to the west into the area now proposed to be shown on the structure plan as medium significance vegetation. Diamond Gully Estate submits (as it did to the panel) that this area should be designated as “Future Urban Investigation Area”.

Council’s position at the panel hearing included that this would be contrary to the recommendations of a number of the technical reports which informed the preparation of the Diamond Gully Structure Plan which found that the vegetation had values other than just its ecological values. Those other values included aesthetic values. In addition, the protection of the vegetation in this area is consistent with the Diamond Gully Structure Plan vision of residential development in a box ironbark forest setting.

The panel accepted Council’s submissions that future residential development at Diamond Gully should not extend into the vegetated areas in the western part of the structure plan area. The panel added however that when development in the Diamond Gully Structure Plan designated residential areas is nearing completion (which may take many years) then a review of the status of the area may be justified, however this would be in conjunction with other areas around Castlemaine being considered at the same time. Whilst recommending the Diamond Gully Structure Plan being changed to show the vegetation in this western area as medium significance instead of high significance, the panel


considered that identifying this area on the structure plan as a future urban investigation area would be a step too far.

It is considered that changing the Diamond Gully Structure Plan to allow the medium significance vegetation areas to be residentially developed would be a transformation of the amendment which could result in the amendment either not being supported by the Minister for Planning and/or necessitating a re-exhibition. It is important to realise that whilst Diamond Gully Estate Pty Ltd and Jan Hall may wish to see the residential development at Diamond Gully extend into this vegetated area, there may be other people or organisations who would be opposed to this and who would rightly argue that this was not part of the exhibition proposal.

Treatment of the “waterway”

The Diamond Gully Structure Plan seeks to retain the waterway as an environmental feature, which would be the focus of medium density development. The concept is for the watercourse to form a spine of linear open space running through the site.

In contrast, Diamond Gully Estate regards the watercourse as more of a drainage line than a waterway, and would prefer to develop a street with residential frontages along it and to provide open space elsewhere.

The panel supported Council’s position and found that the watercourse could play an important role in the provision of a linear park through the Diamond Gully Structure Plan area.

As with the vegetated areas surrounding the structure plan area, the concept for retention of the waterway is an important part of the vision for Diamond Gully. It is considered that developing a road over this feature as proposed by Diamond Gully Estate would also amount to a transformation of the amendment that might not be supported by the Minister for Planning and/or may necessitate re-exhibition.

Provided the waterway is maintained as a feature of future development, it is considered that there may be scope for a reduction in the reserve width along the waterway given that the Diamond Gully Structure Plan is now proposed to be a reference document instead of an incorporated document. The extent of change would be dependent on the overall outcome of any future proposal.

Medium density development

The Diamond Gully Structure Plan seeks to encourage 35% to 50% of lots on the Diamond Gully Estate land to be medium density lots, with a core concentration around (facing) the waterway. Medium density in this instance means lots ranging between 300m2 and 500m2. Conventional residential lots (up to 1000 m2) would surround the medium density.

In contrast, Diamond Gully Estate proposes that its land should be developed with conventional lots (1000 m2) with about 10% medium density. To achieve a similar yield as the Diamond Gully Structure Plan, this would necessitate more land being made available for development (i.e. hence its submission that the vegetated land to the west should be identified for development).

Whilst encouragement of medium density was part of the vision for Diamond Gully, there is some flexibility given the Diamond Gully Structure Plan is to be a reference document only, for the recommended lot sizes and lot typologies to be varied.


However this would reduce the development yield and reduce smaller typically more affordable lots from the area.

Minimum lot sizes in the Rural Living areas

In submitting that the Diamond Gully Structure Plan should be further amended by allowing residential development to extend to the west, Diamond Gully Estate made reference to the lot sizes proposed on the structure plan in the surrounding vegetated areas. The area within the structure plan which is presently zoned Rural Living Zone falls within Area C as identified in the Schedule to that zone. These areas are subject to a minimum lot size of 1 hectare under the schedule whereas the Diamond Gully Structure identifies a range of densities for these areas, ranging from 1-2 hectares in the north-eastern part of the structure plan, 5 hectares in the western and south-western part of the structure plan, and 2-5 hectares in the eastern and south-eastern part of the structure plan.

It was suggested that changing the RLZ schedule to impose a more restrictive subdivision limit for these areas than what is presently specified is unfair, and that the minimum subdivision sizes shown on the structure plan as exhibited should be removed.

While the imposition of a more restrictive subdivision control would be unusual, it is not unheard of. However imposing a range (e.g. 1-2 hectares and 2-5 hectares) is confusing and that it may be appropriate to specify a straight limit (e.g. 1 hectare in place of the 1-2 hectares limit shown on the exhibited structure plan, and 2 hectares in place of the 2-5 hectares limit shown on the exhibited structure plan). Alternatively Council may be satisfied with the existing 1 ha minimum lot size as presently provided for in the schedule to the RLZ.

Conclusion 7.

Planning Scheme Amendment C56 seeks to implement the Diamond Gully Structure Plan which was first adopted by Council in 2010.

The Black Saturday Bushfires and subsequently Royal Commission has delayed the implementation of the structure plan.

Changes to the Diamond Gully Structure Plan to reflect the recommendations of bushfire risk assessment work and recommendations led to Council adopting a new version of the DGSP in December 2014.

The amendment has been exhibited by Council and 12 submissions were received. The planning panel considered all submissions and has recommended Council adopt the amendment, subject to a number of changes.

One of the recommended changes was for a 500 metre buffer to be provided for around the Castlemaine landfill as requested by the EPA. However the EPA’s subsequent acceptance of the buffer recommendations in the GHD report ‘Castlemaine Odour and Landfill Assessment, May 2016’ means that a 200 metre buffer is now proposed. This lesser buffer means the two areas of land proposed to be rezoned to GRZ1 in the exhibited amendment do not need to be deleted or changed as had been recommended by the panel.

Subject to these changes, it is considered that the Council should adopt Amendment C56 and the revised Diamond Gully Structure Plan in accordance with the panel’s recommendations and submit the amendment to the Minister for Planning for approval.


Adoption of the amendment and approval by the Minister for Planning will result in the planning scheme providing clearer policy for development at Diamond Gully.

RECOMMENDATION

That Council:

1. Adopt the Diamond Gully Structure Plan 2016;

2. Consider the Planning Panel Report, and accept its recommendations for Mount Alexander Planning Scheme Amendment C56;

3. Adopt Mount Alexander Planning Scheme Amendment C56 in accordance with Section 29 of the Planning and Environment Act 1987, with the zoning and overlays attached to this report;

4. Request the Minister for Planning approve Amendment C56 to the Mount Alexander Planning Scheme in accordance with Section 35 of the Planning and Environment Act; and

5. Continue to work with developers to address infrastructure in the area.


10. DELEGATES REPORTS

11. NOTICE OF MOTION

11.1. NOTICE OF MOTION 2016/05 – FEDERAL MEMBER FOR BENDIGO RE-ELECTED

Moved Councillor Code

That Council;

1. Congratulate Ms Lisa Chesters MP her re-election as the Federal member for Bendigo; and

2. Write to Ms Lisa Chesters MP to pass on Council's best wishes in her continued role as the Federal Member for Bendigo and invite her to meet with Councillors in the near future.

Rationale

Ms Lisa Chesters contested the seat of Bendigo in the Federal Election on 2nd July 2016 and was re-elected. Council congratulates Ms Chesters on her success in being elected to the House of Representatives. Council valued the opportunity to meet Ms Chesters during the campaign and looks forward to continuing the opportunity to work closely with her for the benefit of the Mount Alexander Shire community.

12. URGENT SPECIAL BUSINESS

13. MEETING CLOSE


agenda for the ordinary meeting of council to be … · (2.00 pm) and 28 june (6.00 pm) 2016 be...

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