agenda ordinary meeting of council · 8/22/2018  · note to councillors declaration of interest...

140
AGENDA Ordinary Meeting of Council 5.30pm Wednesday 22 August 2018 VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL MEETING 5.30pm Wednesday 26 September 2018

Upload: others

Post on 07-Jul-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

AGENDA Ordinary Meeting of Council

5.30pm Wednesday 22 August 2018

VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL MEETING 5.30pm Wednesday 26 September 2018

Page 2: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Prayer

Almighty God,

We who are gathered together in Council,

pledge ourselves to work in harmony for

the welfare and development of our Rural City.

Guide us, we pray, in our deliberations,

help us to be fair in our judgement and

wise in our actions,

so that prosperity and happiness

shall be the lot of our people.

Amen.

Acknowledgement of Country

“I would like to acknowledge the traditional custodians of

the land on which we are meeting, the Latji Latji people,

and pay my respects to Elders both past and present.”

Page 3: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Note to Councillors

Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government Act 1989, there is an obligation to declare a conflict of interest in a matter before Council. A conflict of interest can be a direct or indirect interest in a matter. A person has a direct interest if:

1. There is a reasonable likelihood that the benefits, obligations, opportunities or circumstances of the person would be directly altered if the matter is decided in a particular way;

2. There is a reasonable likelihood that the person will receive a direct

benefit or loss that can be measured in financial terms if the matter is decided in a particular way;

3. There is a reasonable likelihood that the residential amenity of the person will be directly affected if the matter is decided in a particular way.

A person has an indirect interest if the person has:

1. A close association whereby a “family member” of the person has a direct or indirect interest or a ”relative” has a direct interest, or a member of the person’s household has a direct interest in a matter;

2. An indirect financial interest in the matter;

3. A conflicting duty;

4. Received an “applicable” gift;

5. Become an interested party in the matter by initiating civil proceedings

or becoming a party to civil proceedings in relation to the matter; or

6. A residential amenity affect.

Disclosure of Interest A Councillor must make full disclosure of a conflict of interest by advising the class and nature of the interest immediately before the matter is considered at the meeting. While the matter is being considered or any vote taken, the Councillor with the conflict of interest must leave the room and notify the Chairperson that he or she is doing so.

Page 4: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

INDEX

1 PRAYER AND ACKNOWLEDGEMENT OF COUNTRY ........................................... 6

2 OPENING AND WELCOME ...................................................................................... 6

3 PRESENT .................................................................................................................. 6

4 APOLOGIES ............................................................................................................. 6

5 CONFIRMATION OF MINUTES ................................................................................ 6

6 CONFIRMATION OF ASSEMBLY OF COUNCILLORS ............................................ 7

7 NOTIFICATION OF ABSENCE ................................................................................10

8 MAYORAL REPORT ................................................................................................11

8.1 MAYOR'S REPORT JULY 2018 ....................................................................11

9 COUNCILLORS REPORTS .....................................................................................13

9.1 COUNCILLORS' REPORT JULY 2018 .........................................................13

10 RESPONSES TO COUNCILLORS QUESTIONS .....................................................16

10.1 CR ANTHONY CIRILLO - ILLEGAL TREE LOPPING - TURNAROUND TIMES FOR MAINTENANCE REQUESTS TO BE ACTIONED .....................16

11 QUESTIONS FROM COUNCILLORS ......................................................................18

12 NOTICES OF MOTION .............................................................................................18

13 PETITIONS ...............................................................................................................18

14 MANAGEMENT REPORTS ......................................................................................19

14.1 COUNCILLORS EXPENSES REPORT .........................................................19

14.2 GAMBLING REFORM ...................................................................................23

14.3 MILDURA REGIONAL DEVELOPMENT ANNUAL BUSINESS PLAN 2018-2019 .....................................................................................................29

14.4 AUDIT COMMITTEE MEETING 1/2018-2019 - MINUTES - 12 JULY 2018 ...33

14.5 REVOCATION OF SECTION 86 COMMITTTEE DEEDS OF DELEGATION ...............................................................................................37

14.6 APPLICATION TO PLACE A PLAQUE ON A COUNCIL OWNED ASSET ....41

14.7 USE AND DEVELOPMENT OF THE LAND FOR A RENEWABLE ENERGY FACILITY - 31 LAKE STREET MERBEIN .....................................45

14.8 USE AND DEVELOPMENT OF THE LAND FOR A RENEWABLE ENERGY FACILITY - 37 FIFTH STREET MERBEIN ....................................77

Page 5: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

14.9 USE AND DEVELOPMENT OF THE LAND FOR A RENEWABLE ENERGY FACILITY - 8 MCKAYS ROAD BIRDWOODTON ........................ 109

15 URGENT BUSINESS ............................................................................................. 140

16 PUBLIC QUESTIONS ............................................................................................ 140

CONFIDENTIAL BUSINESS .............................................................................................. 140

17 CONFIDENTIAL REPORTS ................................................................................... 140

17.1 SECTION 89(2)(H) - (ANY OTHER MATTER WHICH THE COUNCIL OR SPECIAL COMMITTEE CONSIDERS WOULD PREJUDICE THE COUNCIL OR ANY PERSON) .................................................................... 140

17.2 SECTION 89(2)(D) - (CONTRACTUAL MATTERS) .................................... 140

17.3 SECTION 89(2)(H) - (ANY OTHER MATTER WHICH THE COUNCIL OR SPECIAL COMMITTEE CONSIDERS WOULD PREJUDICE THE COUNCIL OR ANY PERSON) .................................................................... 140

18 CLOSURE .............................................................................................................. 140

GERARD JOSÉ

CHIEF EXECUTIVE OFFICER

Page 6: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 6

1 PRAYER AND ACKNOWLEDGEMENT OF COUNTRY

2 OPENING AND WELCOME

3 PRESENT

4 APOLOGIES

Cr Thorburn

5 CONFIRMATION OF MINUTES

Ordinary Council Meeting held on 25 July 2018 That Council confirm the minutes of the Ordinary Council Meeting of 25 July 2018 as a correct record Confidential Council Meeting held on 25 July 2018 That Council confirm the minutes of the Confidential Council Meeting of 25 July 2018 as a correct record

Page 7: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 7

6 CONFIRMATION OF ASSEMBLY OF COUNCILLORS

In accordance with Section 80A of the Local Government Act 1989 (the Act), records of Assemblies of Councillors must be reported at the next practicable Council meeting and recorded in the minutes. An Assembly of Councillors is defined in Section 76AA of the Act as a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of a delegated authority and which is either of the following:

A meeting of an advisory committee where at least one Councillor is present; or

A planned or scheduled meeting that includes at least half the Councillors and at least one Council officer.

The record is therefore presented for Council’s noting. Recommendation That Council note the Assembly of Councillors records for the following meetings:

Disability Access Advisory Committee Meeting - 2 July 2018

Review of the 2007 Mildura CBD Plan (CBD Plan Update): Visioning Workshop - 25 July 2018

Mildura Recreation Reserve Advisory Board Meeting - 8 August 2018

Finance Advisory Committee Meeting - 9 August 2018

Council Forum - 9 August 2018

Page 8: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 8

RECORD OF ASSEMBLIES OF COUNCILLORS

Assembly Details

Councillor Attendees

All Other Attendees Matters Discussed Conflict of

Interest Disclosures

Disability Access Advisory Committee Meeting 2 July 2018

Cr Ali Cupper Jeni Snadden, Rural Access Worker (Minutes) Amy Nash, Communiy Employment Team Leader Amanda Paterson, Community Employment Advisor

1. Guest Speaker – Dandelion Project – Amy Nash and Amanda Patterson and Nick Giustino via skype

2. Sunassist Parking Issues for offloading passengers 3. Changing Places – raised as part of public toilet

strategy 4. Nowingi Place – completed 5. Ms Lucy 6. Project – Video of Parks 7. Accessible Accommodation 8. Murrayville Health Day 9. Access Requests 10. Young Carers 11. NDIS Information Sessions 12. Walkway across from Woolworths/Langtree Avenue 13. Letter Mildura Base Hospital Briatric Chair 14. Kookaburra Kids 15. Disability Parking Requests 16. Amaze Sessions 17. Cinema Deakin 18. Disability Parking Feast Street 19. Murrayville Disability Parking Request 20. Damage to 9th Street Toilet Change Table 21. School Holiday Program Autism Group 22. Unspoken 23. Toys to SMECC from the Men’s Shed

Nil

Review of the 2007 Mildura CBD Plan (CBD Plan Update) – Visioning Workshop 25 July 2018

Cr Mark Eckel Cr Simon Clemence Cr Min Poole Cr Glenn Milne Cr Ali Cupper

Martin Hawson, General Manager Community Mark Jenkins, manager, Community futures Peter Douglas, Coordinator Strategic Planning Phoebe Wilson Strategic Planner Jacqueline Murnane Strategic Planning Administration Officer

1. Visioning for the Review of the 2007 Mildura CBD Plan Project

2. Issues, challenges and opportunities for the Mildura CBD

Nil

Page 9: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 9

Assembly Details

Councillor Attendees

All Other Attendees Matters Discussed Conflict of

Interest Disclosures

Mildura Recreation Reserve Advisory Board Meeting 8 August 2018

Cr Milne

Andrew Godfrey, Mildura Rural City Council Caitlin Byrne, Mildura Rural City Council Grant Follett, Mildura Rural City Council Thomas Stevenson, Mildura Rural City Council

1. Mapping of underground services 2. Traffic barriers 3. Useable space 4. Request to amend training dates/times 5. Naming of the oval 6. Storage project 7. Oval condition 8. Siren 9. Council grants

Nil

Finance Advisory Committee Meeting 9 August 2018

Cr Clemence Cr Cirillo Cr Modica Cr Brown

Chris Parham, General Manager Corporate Mike Mooney, Acting General Manager Development David Folvig, Manager Financial Services Richard Sexton, Manager Corporate Administration

1. Tender Awards Nil

Council Forum 9 August 2018

Cr Eckel Cr Brown Cr Cirillo Cr Clemence Cr Milne Cr Modica Cr Poole

Chris Parham, General Manager Corporate Mike Mooney, Acting General Manager Development Mark Jenkins, Acting General Manager Community Richard Sexton, Manager Corporate Administration Ben Piscioneri, Public Relations Officer

1. Monthly Management Report 2. Mildura Regional Development Annual Plan 3. Sunraysia Highway Improvement Committee

Seeking Support for Video for Advocacy Purposes 4. Jobs Victoria Employment Network Program -

Update 5. Age-Friendly Victoria Declaration 6. Lower Murray Water - Sunraysia Modernisation

Project 2 and Integrated Water Management 7. Councillor Issues & Questions 8. CEO Issues

Nil

Page 10: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 10

7 NOTIFICATION OF ABSENCE

Page 11: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 11

8 MAYORAL REPORT

8.1 MAYOR'S REPORT JULY 2018

File Number: 02/01/06

1. Summary

The following is a report on the activities and functions attended by the Mayor during the month of July 2018, as confirmed by the Mayor.

2. Recommendation That Council note the contents of this Mayoral report for the month of July.

3. Comments

Canadian Brockville Flag Raising, Deakin Ave

Mildura Police Headquarters Dedication Ceremony

Victorian Police Western Region Division 6 Medal Presentation

Mallee Domestic Violence Services Meeting

Councillor Verification of Identity Requirements Process

Sunraysia Next Generation Academy Dinner

Tri State Local Government Meeting (Renmark Paringa Mildura Wentworth)

Meeting with General Manager Community

Official Opening: Vince Vozzo Exhibition

Mildura Regional Development Events Meeting

Meeting with Mr Singh regarding Indian Performance

Sunraysia Gang Show Performance

Presented Award: 2018 Penrite Hattah Desert Race

Buloke Shire Roadside Management Forum

Meeting with Tom Crouch, Regional Development Victoria

Mildura Future Ready Interview: Mildura Weekly

Official Opening of Patient Transfer Station, Mildura Airport

Attended Announcement by Hon Dr John McVeigh, Minister for Regional Development

Turbanator Performance, Mildura Arts Centre

Mallee CMA NAIDOC Celebrations

Finance Portfolio Meeting

Media Strategy Discussion

Filming for Indian Video

Audit Committee Meeting

Launch of State of Mildura Rural City Council Report

Related Parties Discussion

Financial Advisory Committee Meeting

Council Forum

Conferral of Freeman of the City, Denis Ryan

Sunraysia Community Health Services NAIDOC Community BBQ

Australian Conservation Foundation Mildura Community Planning Day

NAIDOC Ball

Koorlong Camp Oven Cook Off

Page 12: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 12

FLOW FM Radio Interview

Chaffey Trail Reference Group Meeting

Presenter at Australian Sister Cities Forum, Melbourne

Weather Streaming Camera Launch

Meeting with Jason Spratt, Mallee Family Violence Executive

Murray Darling Association Region 4 Meeting

Mildura Writers’ Festival Welcome Event

Philip Hodgins Memorial Medal Dinner

La Trobe Writers Festival

Mildura Urban Fire Brigade Annual Dinner

Attended Nationals Election Commitment Announcement

Meeting at Mildura Airport

Australian Citizenship Ceremony

CBD Councillor Consultation Briefing

Meeting with Dean Wickham, SMECC

Ordinary Council Meeting

Melbourne University Parkville Project, Melbourne

Meeting with Kristina Burke and Brendan Rowswell, CPR, Melbourne

Attended North West Rail Alliance Meeting, Donald

Steam Railway Red Cliffs

Recycling EPS ant Mildura Landfill Meeting

Chaffey Trail Meeting

Mayoral Round Table – Collaborative Approaches for Victorian Asylum Seekers, Dandenong

Page 13: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 13

9 COUNCILLORS REPORTS

9.1 COUNCILLORS' REPORT JULY 2018

File Number: 02/01/06

1. Summary The following is a report on the activities and functions attended by Councillors during the month of July 2018, as confirmed by the Councillors.

2. Recommendation That Council note the contents of this report.

3. Comments

Cr Greg Brown

Ouyen Toilet Strategy Meeting

Calder Highway Improvement Committee Meeting, Bendigo

Victorian Farmer’s Federation Meeting, Underbool

Cr Anthony Cirillo

Recycling EPS at the Mildura Landfill

Cr Simon Clemence

Municipal Emergency Management Plan Sub Committee Meeting

Victorian Farmer’s Federation Meeting, Underbool

Review of Riverfront Stage 2 Masterplan

Recycling EPS at the Mildura Landfill

Cr Ali Cupper

Disability Action Advisory Committee Meeting

Audit Committee Meeting

Welcome Baby to Country Ceremony

Gender Equality Project Meeting

Writer’s Festival Event, La Trobe University

Gender Equality Action Project Meeting

NAIDOC Ball

Mildura Police Headquarters Dedication

Victorian Police Western Region Division 6 Medal Presentation Ceremony

Page 14: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 14

Cr Glenn Milne

Regional Telecommunications Review Public Consultations

Fruit Fly Meeting, Robinvale

Opening of Patient Transfer Station, Mildura Airport

Mildura – Upland Sister City Flag Raising

Attended 2018 Penrite Hattah Desert Race

Turbanator Performance

Public Toilet Strategy Meeting

Meeting with Ratepayer

Under 12&14 State Winter Baseball Championships Closing

Opening of Vince Vozzo Exhibition

Announcement by Hon Dr John McVeigh, Minister for Regional Development

NAIDOC Ball Mildura Writers’ Festival Launch

Nationals Election Commitment Announcement

Cr Jason Modica

Regional Telecommunications Review Public Consultations

Vision Australia Interview

Launch of State of Mildura Rural City Council Report

Planning Protocol Discussion, General Manager Development

Creative Victoria Annual Meeting

Murray Darling Association Region 4 Meeting

Official Launch of Forestage / Orchestra Lift

Under 12&14 State Winter Baseball Championships Opening

Under 12&14 State Winter Baseball Championships Closing

Mallee CMA NAIDOC Celebrations

Opening of Vince Vozzo Exhibition

Mildura Writers’ Festival Launch

Cr Min Poole

Opening of Patient Transfer Station, Mildura Airport

ABC Radio Interview: Cemetery Trust Update

Launch of State of Mildura Rural City Council Report

Announcement by Hon Dr John McVeigh, Minister for Regional Development

Victorian Police Western Region Division 6 Medal Presentation Ceremony

Cr Max Thorburn (on leave)

Refer to the table below

Page 15: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 15

This table represents attendances by three or more Councillors at the following functions, as advised by Councillor acceptances for such functions:

Function Attended

Bro

wn

Cirill

o

Cle

mence

Cupp

er

Miln

e

Modic

a

Poole

Th

orb

urn

Council Forum

CBD Councillor Consultation Briefing

Ordinary Council Meeting

MRCC NAIDOC Week Event / Corroboree

NAIDOC Week Flag Raising Event

Freeman of the City Award

Media Strategy Discussion

Mildura Future Ready Steering Committee Meeting

Australian Citizenship Ceremony

Councillor Verification of Identity Requirements

Related Parties Declaration Meeting

Financial Advisory Committee Meeting

Sunraysia Community Health Services NAIDOC Community BBQ

Attachments There are no attachments for this report.

Page 16: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 16

10 RESPONSES TO COUNCILLORS QUESTIONS

10.1 CR ANTHONY CIRILLO - ILLEGAL TREE LOPPING - TURNAROUND TIMES FOR MAINTENANCE REQUESTS TO BE ACTIONED

Record Number: 14/02/13

“Following a press release that we put out as Council, and which I approved as it is my portfolio, I received a little bit of criticism from a number of rate payers, in regards to the illegal tree lopping that has been happening around Mildura. The main complaint was that the time they had to wait for us as Council to act on their request was too long and a lot of them took matters into their own hands. Can we quantify the time taken to turn a request into an action with regards to tree maintenance on nature strips?”

This matter was addressed by Mike Mooney, Acting General Manager Development in a memorandum provided to Councillors dated 9 August 2018.

Parks and Gardens typically receive between 6,500 and 7,000 requests for service via Council’s customer request system each year. In the 2017/18 financial year the Tree Maintenance team received 2,801 requests for service directly related to the management of our tree assets. In this context customer responsiveness within allocated timeframes is an important aspect of how we deliver this service.

In the 2017/18 financial year the breakdown of request types is as follows:

Request Type Total Received Responded to with allocated timeframes

Compliance with request timeframes

Inspection 82 64 78%

Planting 395 375 95%

Pruning 2,310 2,119 92%

Root Damage 14 12 86%

Total 2,801 2,570 92%

The obvious target is to respond to customer requests 100% of the time however the sheer number of requests and significant events such as last November’s storm event can affect our ability to respond.

We continue to encourage our customers to contact Council if there are concerns with trees on any nature strips. Some customers do not always agree with the assessment that our staff make and from time to time take their own action. Unfortunately we have seen many cases where trees have been deliberately damaged, poisoned or removed which adversely effects the aesthetic value and amenity in our residential streets.

In response the time taken for tree maintenances requests it is important to understand that when a request is raised there are a number of tasks that follow. For example, a request to trim a tree along a nature strip is a two stage process.

Stage 1 is the site investigation where our tree crew assess the problem, make a determination on the course of action and respond to the customer. This has a process timeframe of 10 days.

Stage 2 is the task to complete the works, if required, which has a process timeframe of 20 days.

Page 17: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 17

In this instance the total allowable timeframe from the generation of the request to completing the works is 30 working days.

Attachments There are no attachments for this report.

Page 18: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 18

11 QUESTIONS FROM COUNCILLORS

12 NOTICES OF MOTION

Nil

13 PETITIONS

Nil

Page 19: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 19

14 MANAGEMENT REPORTS

14.1 COUNCILLORS EXPENSES REPORT

File Number: 02/01/06 Officer: Chief Executive Officer

1. Summary

In keeping with Council’s Councillor Support and Expenses Policy CP012, Councillor’s expenses are reported quarterly to an Ordinary Meeting of Council. Accordingly, this report presents Councillor’s expenses for the period 1 April – 31 June 2018.

2. Recommendation

That Council note the contents of this report which details Councillor’s expenses for the period 1 April – 31 June 2018.

3. Background

The report has been prepared in accordance with Council’s Support and Expenses Policy CP012.

4. Consultation Proposed/Undertaken

Councillors have been provided with a summary report of their expenses on a monthly basis.

5. Discussion

Summarised in the document attached are the figures for allowances and expenses for the Mayor and Councillors for the period 1 January – 31 March 2018.

6. Time Frame

The report presents Councillor’s Expenses for the period 1 April – 31 June 2018.

7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 4.4 Financial Sustainability Goal to be achieved:

meets the community’s needs in a financially responsible manner.

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

Page 20: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 20

9. Implications

Policy The policy aligns with Council’s Councillor Support and Expense Policy CP012. Legal/Statutory There are no legal/statutory implications associated with this report. Financial Financial costs are in accordance with Council’s 2017/2018 Operational Budget. Environmental There are no environmental impacts associated with this report. Social There are no social implications associated with this report. Economic There are no economic impacts associated with this report.

10. Risk Assessment

By adopting the recommendation, Council will not be exposed to any significant risk.

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 Councillors Expenses 1 April - 31 June 2018

Page 21: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 21

Page 22: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 22

THIS PAGE LEFT BLANK INTENTIONALLY

Page 23: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 23

14.2 GAMBLING REFORM

File Number: 17/04/13 Officer: Chief Executive Officer

1. Summary

Following the resolution to lay this item on the table at the July Ordinary Meeting of Council, this matter is now represented for consideration. The increasing number and concentration of electronic gaming machines (EGMs) in Victoria’s most socio-economically disadvantages communities are of particular concern to many councils. The current regulatory framework for gambling provides little protection to Victorian communities that can least afford to lose. This report outlines some of those impacts and seeks Councils consideration of joining the Municipal Association of Victoria (MAV) and other local governments in supporting the Alliance for Gambling Reform – 2018 Election Policy Options.

2. Recommendation

That Council: (i) endorse the Alliance for Gambling Reform Policy Options for the 2018

Victorian State Election; and

(ii) develop a draft Gambling Harm Minimisation Discussion Paper for review at a future Council Meeting.

3. Background

Each year, over $2.5 billion is lost in pokies across Victoria. Mildura Rural City Council area had losses of over $25 million dollars through poker machines in the 2015-2016 period. Gambling, and the many harms associated with this activity, have been identified as an issue of concern to local government through the MAV State Council resolution process. Councils have called on the MAV to advocate for a number of changes and improvements to the current regulatory system.

4. Consultation Proposed/Undertaken

The MAV along with 24 individual councils joined the Alliance for Gambling Reform following the Enough Pokies campaign. The Alliance and its partners have produced a range of Policy Options for State Government to consider (refer attachment one), including seeking to secure a $1 maximum bet on poker machines, a suite of complementary harm reduction measures, and increased local government and community say over the planning and licencing approval of poker machine gambling.

Page 24: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 24

They have sought advice on changes to legislation that would be required. The changes being sought are simple and would be easily implemented, and include allowing the Victorian Commission for Gambling Liquor Regulation (VCGLR) and Councils enough time to properly consider and respond to applications. It would also require the applicant to meet the social and economic impact tests - instead of the council needing to prove that there will be detriment to the local community.

5. Discussion Many Councils see the harms of gambling as a public health issue which has significant impacts on individuals, families and wider communities. Gambling is a multi-faceted industry that includes lotto, ‘scratchies’, table games, racing, sports betting, electronic gaming machines (EGMs) and online gambling. However EGMs are the most dominant source of financial loss and harm from gambling in Australia. Local Government has legislative requirements to protect and promote the health and wellbeing of the community. This includes protecting communities from the risks and harms associated with gambling. The eight premises with a total of 285 EGMs in Mildura collected $25,742,618 in 2017/48. The average loss per machine was from $133,591 to a low of $24,838. The average loss per machine is $90,215. The top three venues for EGM losses are:

- Mildura Gateway Tavern at over $10milllion - Mildura Workingman’s Club at over $6.7 million and - Mildura RSL at $3.8 million.

In April 2016 the Victorian Responsible Gambling Foundation (VRGF) released ‘Assessing gambling related harm in Victoria’ a comprehensive report detailing the full breadth of gambling related harm experienced among the Victorian population. The Report divides gambling related harm into the following seven areas:

Financial harm

Relationship disruption

Emotional or psychological distress

Detriment to health

Cultural harm

Reduced work or study performance

Criminal activity. The Report also found that the severity of gambling related harm increases according to at-risk gambling status. Of the total burden of gabling related harm in Victoria, the majority of harm was due to low and moderate risk gambling (85%) rather than problem gambling. This is due to the greater number of low and moderate risk gamblers in the Victorian population. So, while problem gamblers experience a greater severity of harm, the gambling behaviours of low and moderate risk gamblers has a larger impact on the Victorian population.

Page 25: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 25

A further Report by Livingstone C and Francis L (2014) Review of decisions of the Victorian Commission for Gambling and Liquor Regulation: Electronic Gambling Machine Applications MAV & Monash University Melbourne found three topics which are addressed through discussion of available evidence.

Reducing maximum bets on EGMs – based on the available evidence, it appears that a reduction of maximum bets to $1 would have little effect on so-called ‘recreational’ gamblers and would have a positive effect for ‘problem’ gamblers who consistently bet at levels above $1.

Community benefits allocations by Victorian Club gambling venues – over 70% of the community benefit claims listed by clubs is allocated to operating costs of the venues themselves.

Effects of further local caps on EGM numbers on gambling harm – based on the evidence, there is a case to be made for a freeze or falling cap on EGMs in areas of disadvantage.

6. Time Frame

To be developed by 2018 State Election to be held in November.

7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 1.3 Community Health and Wellbeing Goal to be achieved:

High levels of community health and wellbeing.

8. Asset Management Policy/Plan Alignment

There are no impacts on ongoing Operational costs.

9. Implications

Policy The Mildura Rural City Council Community Health and Wellbeing Plan 2017-2021 is a high-level plan that sets the goals and priorities for protecting, improving and promoting health and wellbeing within the municipality. Legal/Statutory Planning and Environment Act 1987 Under the Planning and Environmental Act 1987, local government is the responsible authority for the consideration of planning applications related to the installation and use of EGMs in its municipality.

Page 26: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 26

Local Government Act 1989 Under the Local Government Act 1989, councils are responsible for monitoring the long term and cumulative effects of planning decisions to ensure the best outcomes are achieved for their communities. As the closest level of government to the community, local government is in a good position to understand the effects of gambling and to limit the negative impacts of gambling on their communities. Public health and Wellbeing Act 2008 This legislation sets out the function of local government ‘to seek to protect, improve and promote public health and wellbeing within the municipal district.’ Financial The development of a Draft Discussion Paper may require some consultant resources. Environmental There are no environmental impacts for benefits. Social If Council can reduce the harm from gambling, there is a link with reducing:

Financial impact on community members

Relationship disruption

Emotional or psychological distress

Detriments to health

Cultural harm

Reduced work or study performance

Criminal activity. Economic A reduction in expenditure upon gambling should provide for increased expenditure on other quality of life areas such as healthy food, clothing and education. Some venues could see a reduction of income from EGMs, however if the venue was a socially responsible operator than they would be conscious of the (potential) harm and manage their machines as a destination venue for the enjoyment of tourists and locals alike.

10. Risk Assessment

By adopting the recommendation, Council will not be exposed to any significant risk.

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 Alliance 2018 State Election Policy Summary

Page 27: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 27

Page 28: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 28

Page 29: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 29

14.3 MILDURA REGIONAL DEVELOPMENT ANNUAL BUSINESS PLAN 2018-2019

File Number: 13/10/15 Officer: General Manager Corporate

1. Summary

This report seeks Council’s endorsement of the Mildura Regional Development’s (MRD) Annual Business Plan 2018-2019 as presented to the August 2018 Council Forum in accordance with the current Service Agreement (the Agreement) in place between both parties.

2. Recommendation

That Council endorses the Mildura Regional Development Annual Business Plan 2018 -2019.

3. Background

Section 21 of the Agreement requires MRD to annually present an Annual Business Plan that reflects the status of the relevant year within its Strategic Plan, based on:

activities proposed to meet objectives

activity result measures and targets

resources proposed to be applied

proposed budget. Section 16 of the Agreement between Mildura Rural City Council and MRD requires MRD to develop a strategy for economic development and tourism with action plans in accordance with Mildura Rural City Council’s Council and Community Plan 2017-2021 and subsequent Council Plans, which will be reviewed annually. Section 17c of the Agreement also states that MRD will, within its first year, develop an interim strategy for economic development and tourism with action plan in accordance with Mildura Rural City Council’s Council and Community Plan 2017-2021.

4. Consultation Proposed/Undertaken

This matter was discussed within the August 2018 Council Forum with MRD Chairperson Paul Gibbons, CEO Daryl Buckingham and MRD’s Kirsten Lloyd in attendance.

Page 30: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 30

5. Discussion

MRD, in presenting the MRD Annual Business Plan 2018–2019, have prepared the following documents:

Overview of MRD Projects and achievements to date

List of Key area objectives for 2018 - 2019 For confidentiality reasons, the Business Plan has been distributed to Councillors under separate cover. The MRD Annual Business Plan 2018-2019 provides a detailed list of objectives, key performance indicators, anticipated outcomes, budget allocations and priorities.

Section 21 of the Agreement also stipulates that Council will “confirm acceptance or otherwise in May each year”. In keeping with the obligations set out in the Agreement between both parties, it is now appropriate for Council to confirm its acceptance or otherwise of the MRD Annual Business Plan 2018-2019.

6. Time Frame

The MRD Annual Business Plan 2018-2019 was presented and discussed at the August 2018 Council Forum.

7. Strategic Plan Links

This report relates to the Community and Council Plan in Key Result Area: 3.1 Economic Development and Tourism Goals to be achieved:

A vibrant, diverse, innovative and sustainable economy

Investment attraction and job creation

Connectivity to the global marketplace

Support quality tourism services and experiences.

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

9. Implications

Policy There are no policy implications associated with this report. Legal/Statutory There are no legal or statutory implications associated with this report. Financial There are no direct financial implications associated with this report. Environmental There are no environmental implications associated with this report.

Page 31: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 31

Social There are no social implications associated with this report. Economic There are no direct economic impacts associated with this report.

10. Risk Assessment

By adopting the recommendation, Council will not be exposed to any significant risk.

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments There are no attachments for this report.

Page 32: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 32

THIS PAGE LEFT BLANK INTENTIONALLY

Page 33: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 33

14.4 AUDIT COMMITTEE MEETING 1/2018-2019 - MINUTES - 12 JULY 2018

File Number: 02/02/08 Officer: General Manager Corporate

1. Summary

The Audit Committee Charter requires a summary of the minutes of Audit Committee meetings to be presented to Council for noting. The confidential minutes of Audit Committee Meeting 1/2018-2019, which include the key outcomes and recommendations of the meeting, have been distributed to councillors under separate cover.

2. Recommendation

That Council note the confidential minutes of Audit Committee Meeting 1/2018-2019 held on 12 July 2018.

3. Background

The Audit Committee is an advisory committee to Council whose role is to oversee and monitor the effectiveness of Council in carrying out its responsibilities for accountable financial management, good corporate governance, and fostering an ethical environment. The Audit Committee consists of three independent members:

Ms Karen Hensgen (Chair)

Mr Frank Piscioneri

Mr Paul Grigg

and two councillors:

Mayor Cr Mark Eckel

Deputy Mayor Cr Ali Cupper

In addition, the following officers attend Audit Committee meetings to provide executive support:

Gerard Jose, CEO

Chris Parham, General Manager Corporate

David Folvig, Manager Financial Services

Sharon Yantses, Executive Assistant to General Manager Corporate. The Audit Committee meets bi-monthly in accordance with the Audit Committee Charter. Special meetings are also convened as required.

4. Consultation Proposed/Undertaken

There are no consultation implications associated with this report.

Page 34: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 34

5. Discussion

At Audit Committee Meeting 1/2018-2019, the Committee:

Received a presentation from the:

o Manager Corporate Administration on the Councillor Code of Conduct

o Manager Organisational Development on the Employee Code of Conduct.

Received an update from the General Manager Corporate on fraud control and emerging risks.

Reviewed and noted a revised draft CEO Appointment Policy.

Received an update from the CEO on major projects and other matters of interest.

Received an update from the General Manager Corporate on operational matters.

Noted the status of service reviews, as detailed in the Sustainability Reviews Update Bulletin presented to the meeting.

Reviewed and noted a revised Fraud Management Policy, and new Fraud and Corruption Control Plan, developed in response to audit recommendations to strengthen Council’s overall Fraud Management Framework.

Received a progress report from the internal auditor on the delivery of internal audit projects for 2016-2017 and 2017-2018.

Reviewed and adopted an Internal Audit Program for 2018-2019, inclusive of five internal reviews.

Discussed the status of Management actions in the Internal Audit Tracking Register, noting the reasons explained by the General Manager Corporate for delays in the completion of certain business continuity, project management and contract management related internal audit actions.

The Committee also noted that in response to its request at its May 2018 meeting, the format of the Internal Audit Tracking Register had been revised in an effort to improve the register’s effectiveness from the Committee’s perspective of monitoring risk. Revisions included, but were not limited to, the reordering of actions in the register to show those ranked from ‘High’ risk through to ‘Low’ and ‘Opportunity’.

Received a progress report from the Manager Financial Services on the status of actions planned to address the issues raised in the Interim Management Letter 2017-2018.

The Committee noted that all issues were expected to be complete by the due dates contained in the progress report presented to the Audit Committee’s July 2018 meeting.

Received a report on the findings of the Annual Audit Committee Self-Assessment Process 2018, noting that the Audit Committee had rated itself as overall as effective.

Evaluated expressions of interest received in external Audit Committee membership in light of Frank Piscioneri’s first three-year term being due to expire on 29 August 2018. The Committee resolved to recommend to Council the re-appointment of Frank for a second three-year term commencing on 30 August 2018.

Page 35: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 35

Note: A separate report has been included in the August 2018 Council Meeting agenda recommending Frank’s reappointment to the Audit Committee.

Noted Management’s intention to advertise in the regional press seeking expressions of interest in external Audit Committee membership in light of Karen Hensgen’s second three-year term being due to expire on 31 October 2018.

Following preliminary assessment by the CEO and Mayor, it is intended to present expressions of interest received to the Audit Committee’s September 2018 meeting for final evaluation and recommendation to Council’s September 2018 meeting of a preferred candidate for appointment to the Audit Committee.

6. Time Frame

There are no timeframe implications associated with this report.

7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 4.5 Organisational Management Goal to be achieved:

Effectively manage risk.

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

9. Implications

Policy This report complies with the Audit Committee Charter. Legal/Statutory There are no legal/statutory implications associated with this report. Financial There are no financial implications associated with this report. Environmental There are no environmental implications associated with this report. Social There are no social implications associated with this report. Economic There are no economic implications associated with this report.

10. Risk Assessment

By adopting the recommendation, Council will not be exposed to any significant risks.

Page 36: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 36

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments There are no attachments for this report.

Page 37: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 37

14.5 REVOCATION OF SECTION 86 COMMITTTEE DEEDS OF DELEGATION

File Number: 19/01/05 Officer: General Manager Corporate

1. Summary

The purpose of this report is to seek Council approval to revoke the Section 86 Committee Deeds of Delegation for community swimming pools in Colignan, Murrayville and Underbool.

2. Recommendation

That Council:

(i) revoke the Section 86 Committee Deed of Delegation for the Colignan Swimming Pool effective 31 October 2018 and commit all unspent funds of the Committee at this time to future operations of this local facility

(ii) revoke the Section 86 Committee Deed of Delegation for the Murrayville

Swimming Pool effective 31 October 2018 and commit all unspent funds of the Committee at this time to future operations of this local facility

(iii) revoke the Section 86 Committee Deed of Delegation for the Underbool

Swimming Pool effective 31 October 2018 and commit all unspent funds of the Committee at this time to future operations of this local facility

3. Background

The Colignan, Murrayville and Underbool pools have operated under a Section 86 Committee arrangement since approximately 2007. These pools required such a management structure given Council’s pool management contracts of the day did not extend to these rural facilities. Council recently announced that Aligned Leisure Pty Ltd would be taking over the management of all Council owned aquatic facilities from 1 November 2018, this contract includes the public swimming pools located in Colignan, Murrayville and Underbool.

4. Consultation Proposed/Undertaken

Full consultation has been undertaken with each Section 86 Committee and agreement reached that whilst such delegation is no longer required, the future operation of each pool will be professionally managed and meet the needs of the local community.

Page 38: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 38

5. Discussion

Aligned Leisure as Council’s appointed pool management contractor will fulfil all operational requirements for the Colignan, Murrayville and Underbool swimming pools and accordingly, the need for S86 Committees of Management is no longer required.

6. Time Frame

The revocation of the current Section 86 Committees would take effect from 1 November 2018.

7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 1.6 Recreation and Sport Goal to be achieved:

Increased access to a diverse range of quality sporting and recreation facilities and programs.

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

9. Implications

Policy Councils Section 86 Committee Policy will be updated to reflect these changes. Legal/Statutory There are no legal or statutory requirements relating to this report. Financial As outlined in the recommendation, Council will work with each committee to determine how best to utilise any remaining funds held by the committee. Environmental There are no environmental implications associated with this report. Social There are no social implications associated with this report. Economic There are no economic implications associated with this report.

10. Risk Assessment

By adopting the recommendation, Council will not be exposed to any significant risk.

Page 39: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 39

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments There are no attachments for this report.

Page 40: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 40

THIS PAGE LEFT BLANK INTENTIONALLY

Page 41: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 41

14.6 APPLICATION TO PLACE A PLAQUE ON A COUNCIL OWNED ASSET

File Number: 02/04/06 Officer: General Manager Corporate

1. Summary

The purpose of this report is to present an application to place a memorial or plaque on a Council owned or controlled asset for Council’s consideration.

2. Recommendation

That Council:

(i) approve the application to place a plaque in recognition of Mrs Joy Linnet Clarke on a Council owned asset, subject to the conditions of the Land Managers Consent in principal approval; and

(ii) notify the applicant of the outcome of the application.

3. Background

Mildura Rural City Council recognises that members of the community may wish to establish a memorial for persons, events or disasters in public open spaces and road reserves. Council’s Memorials & Plaques Policy CP043 provides the framework for the application and installation of all memorials and plaques and was established to provide consistency with which Council commemorates the contribution of members of the community to the social, cultural or political aspects and development of the Mildura Rural City Council. Applications for memorials or plaques must be considered in accordance with the Memorials & Plaques Establishment Procedure. Both documents were circulated to Councillors under separate cover.

4. Consultation Proposed/Undertaken

Internal consultation with Council’s Land Managers Consent Referral Group is mandatory for all memorial proposals and in principal approval setting out the general conditions has been obtained. Design and wording of the plaque or memorial has been reviewed and approved by the Marketing & Communications team.

5. Discussion

An application has been received to place a stainless steel plaque and granite plinth in the riverfront walkway garden bed in recognition of Mrs Joy Linnet Clarke.

Page 42: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 42

Level of Significance Joy Linnet Clarke was much admired for her strength as an advocate for people with disabilities and this is shown in her awards and contributions to the community. In particular, Joy fought for the Regional Information and Advocacy Council to undertake an office in Mildura. Joy was involved in the Riverfront Community Reference Group and her contributions to this group has made the riverfront more accessible for all. The contribution to the Disability Access Advisory Committee was over a long period of time from 2002 till her death in 2017. During her time on the committee she was heavily involved in ensuring there was access for all in many areas. Her involvement in the Accessible Accommodation Guide and her knowledge was invaluable to the development of the guide. Family Approval / Community Support Letters of support have been received from the Disability Access Advisory Committee, Peter Crisp MP, MLA and the Mallee Sports Assembly. Memorial / Plaque Text In Memory of Joy Linnet Clarke For her tireless effort in making change for people with a disability, families and carers across the wider community. A passionate advocate for ACCESS FOR ALL

6. Time Frame

Land Managers Consent expires twelve months from the date of the in principal approval. Mildura Rural City Council will ensure the memorial is kept in its initial location for at least five years but may relocate the memorial after this period if required.

7. Strategic Plan Links This report relates to the Community and Council Plan in the Key Result Area: 4.1 Leadership and Representation Goals to be achieved:

Effectively respond to the interests of our community.

4.2 Communication and Engagement Goals to be achieved:

Responsive to community input and feedback.

Page 43: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 43

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

9. Implications

Policy This report aligns with the requirements of the Memorials and Plaques Policy CP043, Land Managers Consent Policy CP061 and Asset Management Policy CP031. Legal/Statutory There are no legal or statutory implications associated with this report. Financial The establishment and maintenance of a memorial or plaque will bear no cost to Council. Environmental There are no environmental implications associated with this report. Social There are no social implications associated with this report. Economic There are no economic implications associated with this report.

10. Risk Assessment

By adopting the recommendation, Council will not be exposed to any significant risk.

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments There are no attachments for this report.

Page 44: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 44

THIS PAGE LEFT BLANK INTENTIONALLY

Page 45: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 45

14.7 USE AND DEVELOPMENT OF THE LAND FOR A RENEWABLE ENERGY FACILITY - 31 LAKE STREET MERBEIN

File Number: 005.2018.00000051.001 Officer: Acting General Manager Development

1. Summary

Date Received: 26 June 2018

Subject Property: Lake Street MILDURA, Gibbs Street MILDURA

Proposed Use/Development: Use and Development of a Renewable Energy Facility

Zone: Farming Zone

Overlays: Nil

Applicant: James Golsworthy Consulting Pty Ltd

Application Triggers: Clause 35.01-1: Section 2 Use Clause 35.07-4: Buildings and works associated with a Section 2 use Clause 36.03-1: Section 2 Use Clause 36.03-2: Buildings and works

Relevant Provisions: Clause 11.01-1S: Settlement Clause 13.01-1S: Natural Hazards and climate change Clause 13.07-1S: Land use compatibility Clause 14.01-1S: Protection of agricultural land Clause 14.01-2S: Sustainable Agricultural land use Clause 14.01-2R: Agricultural productivity - Loddon Mallee North Clause 19.01-1S: Energy supply Clause 19.01-2S: Renewable energy Clause 21.03-1: Vision Clause 21.06-1: Protection of Agricultural land Clause 21.08-1: Agriculture Clause 35.07: Farming Zone Clause 36.03: Public Conservation and Resource Zone Clause 52.06: Car Parking Clause 53.13: Renewable Energy Facility (other than Wind Energy Facility and Geothermal Energy Extraction) Clause 65: Decision guidelines

Objections Received 55

The application seeks approval for the use and development of a 7.5MW renewable energy facility (REF) at Lake and Gibbs Street Mildura.

The development will comprise of 25,928 flat photovoltaic panels with a total area of 50,309 square metres. The panels will be situated on racks which have a height of approximately 1.7 metres. The development will also include 3 inverters and transformers housed in 12 metre long modified shipping containers.

Page 46: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 46

Amended plans were lodged by the applicant on 26 June 2018. The amended plans provided significant detail in regard to the proposed landscaping to be undertaken on the site, the type of fencing proposed and a more detailed assessment against the relevant provisions of the Mildura Planning Scheme.

2. Recommendation

That Council having caused notice of Planning Application No. 005.2018.00000051.001 to be given under Section 52 of the Planning and Environment Act 1987 and or the planning scheme and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Refuse to Grant a Permit in respect of the land known and described as Lot 1 TP 854339G and Lot 3 TP 854339G for the Use and Development of a Renewable Energy Facility with the application dated 26 June 2018, on the following grounds:

(i) The application does not meet the objective of Clause 14.01-1S (Protection of agricultural land). There are no positive outcomes for agriculture.

(ii) The application does not meet the objective of Clause 14.01-2R

(Agricultural productivity - Loddon Mallee North). The proposed use and development will result in further land being removed agricultural production.

(iii) The application does not meet the objective of Clause 14.01-2S

(Sustainable agricultural land use). The use is not directly associated with agriculture.

(iv) The application does not meet the objective of Clause 21.06-1 (Protection

of rural land). A significant portion of land will be removed from agricultural production.

(v) The application does not meet the objective of Clause 21.08-1

(Agriculture). The application would allow for a use with no link to agriculture to occur within the horticultural area of Mildura

(vi) The purposes and decision guidelines of Clause 35.07 (Farming Zone) are

not met. The proposed use is not intrinsically linked to agriculture. The land would be removed from potential agricultural production.

3. Time Frame

Outline key dates

Application Received 26 June 2018 (Amended)

Application Referred 17 April 2018 and 9 July 2018

Application Notified 20 April 2018

Objector Consultation Meeting 24 May 2018

Amended Plans Received 9 July 2018

Amended Plans Notified 9 July 2018

Page 47: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 47

4. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 2.5 Strategic Land Use Goal to be achieved:

a well-developed long-term land use vision.

5. Asset Management Policy/Plan Alignment

This is not relevant to the subject application.

6. Implications - Assessment of the Application

Policy The State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) and the Planning Scheme Revisions are discussed in the attached report.

Legal/Statutory Council is required to determine the application pursuant to Section 61 of the Planning and Environment Act 1987. Council’s decision is subject to possible review by the Victorian Civil and Administrative Tribunal (VCAT). Financial All relevant fees have been paid. In the event of an application for review by VCAT, each party will be required to bear their own costs. Environmental As detailed in the Assessment of the Application Social As detailed in the Assessment of the Application Economic As detailed in the Assessment of the Application.

7. Risk Assessment

Council’s decision is subject to possible review by the Victorian Civil and Administrative Tribunal. In the event of an application for review by VCAT, each party will be required to bear their own costs.

8. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 Delegation Report 2 Site Plans 3 Site Photo

Page 48: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 48

Page 49: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 49

Page 50: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 50

Page 51: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 51

Page 52: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 52

Page 53: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 53

Page 54: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 54

Page 55: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 55

Page 56: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 56

Page 57: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 57

Page 58: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 58

Page 59: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 59

Page 60: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 60

Page 61: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 61

Page 62: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 62

Page 63: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 63

Page 64: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 64

Page 65: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 65

Page 66: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 66

Page 67: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 67

Page 68: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 68

Page 69: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 69

Page 70: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 70

Page 71: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 71

Page 72: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 72

Page 73: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 73

Page 74: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 74

Page 75: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 75

Page 76: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 76

THIS PAGE LEFT BLANK INTENTIONALLY

Page 77: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 77

14.8 USE AND DEVELOPMENT OF THE LAND FOR A RENEWABLE ENERGY FACILITY - 37 FIFTH STREET MERBEIN

File Number: 005.2018.00000052.001 Officer: Acting General Manager Development

1. Summary

Date Received: 26 June 2018

Subject Property: Fifth Street MERBEIN

Proposed Use/Development: Use and Development of a Renewable Energy Facility

Zone: Farming Zone

Overlays: Nil

Applicant: James Golsworthy Consulting Pty Ltd

Application Triggers: Clause 35.01-1: Section 2 Use Clause 35.07-4: Buildings and works associated with a Section 2 use

Relevant Provisions: Clause 11.01-1S: Settlement Clause 13.01-1S: Natural Hazards and climate change Clause 13.07-1S: Land use compatibility Clause 14.01-1S: Protection of agricultural land Clause 14.01-2S: Sustainable Agricultural land use Clause 14.01-2R: Agricultural productivity - Loddon Mallee North Clause 19.01-1S: Energy supply Clause 19.01-2S: Renewable energy Clause 21.03-1: Vision Clause 21.06-1: Protection of Agricultural land Clause 21.08-1: Agriculture Clause 35.07: Farming Zone Clause 52.06: Car Parking Clause 53.13: Renewable Energy Facility (other than Wind Energy Facility and Geothermal Energy Extraction) Clause 65: Decision guidelines

Objections Received 64

The application seeks approval for the use and development of a 7.5 MW Renewable Energy Facility (REF) at Fifth Street Merbein. The proposed would consist of 29,680 flat photovoltaic solar panels with a total area of 58,055 square metres.

The panels would be located on racks which are approximately 1.7 metres from natural surface levels with a separation of 2.5 metres between each module.

The proposed development also includes 3 inverters and transformers housed in 12m long modified shipping containers

Page 78: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 78

The site will be connected to the existing 22kv powerline adjacent to the site fronting River Avenue.

Amended plans were lodged by the applicant on 26 June 2018. The amended plans provided more detail in regard to the proposed landscaping to be undertaken on the land, the type of fencing proposed and a more detailed assessment against the relevant provisions of the Mildura Planning Scheme. A chainmesh fence is proposed around the entire site with multiple access points for maintenance and emergency purposes.

2. Recommendation

That Council having caused notice of Planning Application No. 005.2018.00000052.001 to be given under Section 52 of the Planning and Environment Act 1987 and or the planning scheme and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Refuse to Grant a Permit in respect of the land known and described as Lot: 1 PS: 743780A for the Use and Development of a Renewable Energy Facility with the application dated 26 June 2018, on the following grounds:

(i) The application does not meet the objective of Clause 14.01-1S (Protection of agricultural land). There are no positive outcomes for agriculture.

(ii) The application does not meet the objective of Clause 14.01-2R

(Agricultural productivity - Loddon Mallee North). The proposed use and development will result in further agricultural land being removed from Mildura’s irrigation district.

(iii) The application does not meet the objective of Clause 14.01-2S

(Sustainable agricultural land use). The use is not directly associated with agriculture.

(iv) The application does not meet the objective of Clause 21.06-1 (Protection

of rural land). A significant portion of land will be removed from potential horticultural production.

(v) The application does not meet the objective of Clause 21.08-1

(Agriculture). The application would allow for a use with no link to agriculture to occur within the horticultural area of Mildura.

(vi) The purposes and decision guidelines of Clause 35.07 (Farming Zone) are

not met. The proposed use is not intrinsically linked to agriculture. The land would be removed from potential agricultural production.

Page 79: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 79

3. Time Frame

Outline key dates

Application Received 26 June 2018 (Amended)

Application Referred 17 April 2018 and 9 July 2018

Application Notified 20 April 2018

Objector Consultation Meeting 24 May 2018

Amended Plans Received 9 July 2018

Amended Plans Notified 9 July 2018

4. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 2.5 Strategic Land Use Goal to be achieved:

a well-developed long-term land use vision.

5. Asset Management Policy/Plan Alignment

This is not relevant to the subject application.

6. Implications - Assessment of the Application

Policy Implications The State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) and the Planning Scheme Revisions are discussed in the attached report.

Legal/Statutory Council is required to determine the application pursuant to Section 61 of the Planning and Environment Act 1987. Council’s decision is subject to possible review by the Victorian Civil and Administrative Tribunal (VCAT). Financial All relevant fees have been paid. In the event of an application for review by VCAT, each party will be required to bear their own costs. Environmental As detailed in the Assessment of the Application Social As detailed in the Assessment of the Application Economic As detailed in the Assessment of the Application.

7. Risk Assessment

Council’s decision is subject to possible review by the Victorian Civil and Administrative Tribunal. In the event of an application for review by VCAT, each party will be required to bear their own costs.

Page 80: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 80

8. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 Delegation Report 2 Site Plans 3 Site Photo

Page 81: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 81

Page 82: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 82

Page 83: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 83

Page 84: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 84

Page 85: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 85

Page 86: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 86

Page 87: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 87

Page 88: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 88

Page 89: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 89

Page 90: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 90

Page 91: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 91

Page 92: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 92

Page 93: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 93

Page 94: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 94

Page 95: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 95

Page 96: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 96

Page 97: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 97

Page 98: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 98

Page 99: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 99

Page 100: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 100

Page 101: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 101

Page 102: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 102

Page 103: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 103

Page 104: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 104

Page 105: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 105

Page 106: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 106

Page 107: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 107

Page 108: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 108

THIS PAGE LEFT BLANK INTENTIONALLY

Page 109: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 109

14.9 USE AND DEVELOPMENT OF THE LAND FOR A RENEWABLE ENERGY FACILITY - 8 MCKAYS ROAD BIRDWOODTON

File Number: 005.2018.00000053.001 Officer: Acting General Manager Development

1. Summary

Date Received: 26 June 2018

Subject Property: 8 McKays Road BIRDWOODTON

Proposed Use/Development: Use and Development of a Renewable Energy Facility

Zone: Farming Zone

Overlays: Nil

Applicant: James Golsworthy Consulting Pty Ltd

Application Triggers: Clause 35.01-1: Section 2 Use Clause 35.07-4: Buildings and works associated with a Section 2 use

Relevant Provisions: Clause 11.01-1S: Settlement Clause 13.01-1S: Natural Hazards and climate change Clause 13.07-1S: Land use compatibility Clause 14.01-1S: Protection of agricultural land Clause 14.01-2S: Sustainable Agricultural land use Clause 14.01-2R: Agricultural productivity - Loddon Mallee North Clause 19.01-1S: Energy supply Clause 19.01-2S: Renewable energy Clause 21.03-1: Vision Clause 21.06-1: Protection of Agricultural land Clause 21.08-1: Agriculture Clause 35.07: Farming Zone Clause 52.06: Car Parking Clause 53.13: Renewable Energy Facility (other than Wind Energy Facility and Geothermal Energy Extraction) Clause 65: Decision guidelines

Objections Received 79

The application seeks approval for the use and development of a 7.5MW Renewable Energy Facility (REF) at 8 McKays Road, Birdwoodton. The development will comprise of 24,200 flat photovoltaic panels with an area of 42,404m2 covering the majority of the approximate 10 hectare site. The panels will be situated on racks with a height of approximately 1.7 metres. The development also includes 3 inverters and transformers to be housed in 12m long modified shipping containers. Amended plans were lodged by the applicant on 26 June 2018. The amended plans provided significantly more detail in regard to the proposed landscaping to be undertaken on the land, the type of fencing proposed and a more detailed assessment against the relevant provisions of the Mildura Planning Scheme.

Page 110: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 110

2. Recommendation

That Council having caused notice of Planning Application No. 005.2018.00000053.001 to be given under Section 52 of the Planning and Environment Act 1987 and or the planning scheme and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Refuse to Grant a Permit in respect of the land known and described as Lot 2 PS: 541858P for the Use and Development of a Renewable Energy Facility with the application dated 26 June 2018, on the following grounds:

(i) The application does not meet the objective of Clause 14.01-1S (Protection of agricultural land). There are no positive outcomes for agriculture.

(ii) The application does not meet the objective of Clause 14.01-2R

(Agricultural productivity - Loddon Mallee North). The proposed use and development will result in further land being removed from Mildura’s Irrigation District.

(iii) The application does not meet the objective of Clause 14.01-2S

(Sustainable agricultural land use). The use is not directly associated with agriculture.

(iv) The application does not meet the objective of Clause 21.06-1 (Protection

of rural land). A significant portion of land will be removed from potential agricultural production.

(v) The application does not meet the objective of Clause 21.08-1

(Agriculture). The application would allow for a use with no link to agriculture to occur within the horticultural area of Mildura.

(vi) The purposes and decision guidelines of Clause 35.07 (Farming Zone) are

not met. The proposed use is not intrinsically linked to agriculture. The land would be removed from potential agricultural production.

3. Time Frame

Outline key dates

Application Received 26 June 2018 (Amended)

Application Referred 17 April 2018 and 9 July 2018

Application Notified 20 April 2018

Objector Consultation Meeting 24 May 2018

Amended Plans Received 9 July 2018

Amended Plans Notified 9 July 2018

Page 111: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 111

4. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 2.5 Strategic Land Use Goal to be achieved:

A well-developed long-term land use vision.

5. Asset Management Policy/Plan Alignment

This is not relevant to the subject application.

6. Implications - Assessment of the Application

Policy The State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) and the Planning Scheme Revisions are discussed in the attached report.

Legal/Statutory Council is required to determine the application pursuant to Section 61 of the Planning and Environment Act 1987. Council’s decision is subject to possible review by the Victorian Civil and Administrative Tribunal (VCAT). Financial All relevant fees have been paid. In the event of an application for review by VCAT, each party will be required to bear their own costs. Environmental As detailed in the Assessment of the Application Social As detailed in the Assessment of the Application Economic As detailed in the Assessment of the Application.

7. Risk Assessment

Council’s decision is subject to possible review by the Victorian Civil and Administrative Tribunal. In the event of an application for review by VCAT, each party will be required to bear their own costs.

8. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 Delegation Report 2 Site Plans 3 Site Photos

Page 112: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 112

Page 113: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 113

Page 114: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 114

Page 115: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 115

Page 116: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 116

Page 117: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 117

Page 118: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 118

Page 119: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 119

Page 120: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 120

Page 121: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 121

Page 122: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 122

Page 123: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 123

Page 124: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 124

Page 125: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 125

Page 126: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 126

Page 127: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 127

Page 128: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 128

Page 129: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 129

Page 130: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 130

Page 131: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 131

Page 132: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 132

Page 133: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 133

Page 134: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 134

Page 135: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 135

Page 136: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 136

Page 137: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 137

Page 138: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 138

Page 139: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 139

Page 140: AGENDA Ordinary Meeting of Council · 8/22/2018  · Note to Councillors Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government

Agenda - Ordinary Council Meeting Wednesday 22 August 2018

Page 140

15 URGENT BUSINESS

Nil

16 PUBLIC QUESTIONS

CONFIDENTIAL BUSINESS

Pursuant to Section 89(2) of the Local Government Act 1989, Council will resolve to move into confidential business to deal with:

17 CONFIDENTIAL REPORTS

17.1 SECTION 89(2)(H) - (ANY OTHER MATTER WHICH THE COUNCIL OR SPECIAL

COMMITTEE CONSIDERS WOULD PREJUDICE THE COUNCIL OR ANY PERSON)

● EXTERNAL AUDIT COMMITTEE MEMBERSHIP - AUGUST 2018

17.2 SECTION 89(2)(D) - (CONTRACTUAL MATTERS)

● TENDER AWARD - TRAVEL MANAGEMENT SERVICES - CONTRACT 1718/54

17.3 SECTION 89(2)(H) - (ANY OTHER MATTER WHICH THE COUNCIL OR SPECIAL COMMITTEE CONSIDERS WOULD PREJUDICE THE COUNCIL OR ANY PERSON)

● APPOINTMENTS TO MILDURA REGIONAL DEVELOPMENT BOARD

18 CLOSURE