minutes of ordinary council - 28 november 2017 · 2018. 9. 26. · ordinary council minutes - 28...

ORDINARY COUNCIL MINUTES - 28 NOVEMBER 2017

Purpose:

We will provide leadership, good governance and engage with the community to grow the social, economic and environmental viability and sustainability of Indigo Shire.

HELD: Tuesday, 28 November 2017 at 6:30pm

LOCATION: Council Chambers, Beechworth

ATTENDEES: NAME TITLE Cr Jenny O’Connor Mayor Cr Sophie Price Deputy Mayor Cr Larry Goldsworthy Councillor Cr Barb Murdoch Councillor Cr Bernard Gaffney Councillor Cr Diane Shepheard Councillor Cr James Trenery Councillor Greg Pinkerton Interim Chief Executive Officer Mark Florence Director Development & Community Services Dalene Voigt Acting Director Corporate Services Ian Ellett Director Infrastructure Services Narelle Haw Secretariat

Vision:

INDIGO: Heritage Shire - Bold Future.

These Minutes are not a verbatim transcript of the discussions in the Council meeting; a recording of this meeting can be found on Council’s webpage.

Responses given by Councillors and Council Staff are the opinion of the individual responders, and accurate at the time of response, to the best of their knowledge.


TABLE OF CONTENTS

1. WELCOME ...........................................................................................................................4

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND .....................................4

3. APOLOGIES AND LEAVE OF ABSENCE ....................................................................................4

4. DECLARATION OF CONFLICT OF INTEREST .............................................................................4

5. OPEN FORUM ......................................................................................................................4

6. CONDOLENCES .....................................................................................................................6

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) .................................................7

8. BUSINESS ARISING FROM PREVIOUS MINUTES .....................................................................7

9. DEPUTATIONS AND PETITIONS .............................................................................................8

10. CORPORATE SERVICES ..........................................................................................................9

10.1 October 2017 - Finance Report ............................................................................................ 9

10.2 Assembly of Councillors Records .......................................................................................17

10.3 Council Advisory Committee Minutes ...............................................................................19

10.4 Council Services on Code Red Days Policy .........................................................................22

11. DEVELOPMENT & COMMUNITY SERVICES ........................................................................... 27

11.1 Election of Members to the Wahgunyah Railway Land Development Committee ...........27

11.2 Increasing Opportunities for Youth Voice .........................................................................30

11.3 Indigo Planning Scheme Amendment C73 Rutherglen North Rural Activity Zone Panel Report ......................................................................................................................35

11.4 PP17-0137 - Telecommunications Facilty (Optus Monopole), Diffey Road Beechworth ........................................................................................................................40

11.5 PP98-166 - Chiltern Freeway Service Centre - Request for Extension of Time and Amendment to Permit .......................................................................................................54

11.6 Cue Springs Water Extraction Monthly Compliance Report .............................................58

12. INFRASTRUCTURE SERVICES ............................................................................................... 62

13. EXECUTIVE MANAGEMENT................................................................................................. 63

13.1 Grant Application to Building Better Regions Fund ...........................................................63

14. NOTICES OF MOTION ......................................................................................................... 65

15. COUNCILLORS REPORT ....................................................................................................... 66

15.1 MAYOR DIARY - OCTOBER 2017 ........................................................................................67


16. GENERAL BUSINESS ............................................................................................................ 68


1. WELCOME

Welcome to this meeting of Council. This meeting will be live streamed and recorded, and the voices and images of those participating in the meeting, and in the gallery, may be captured as part of this recording.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND

We acknowledge the traditional owners of the land on which we are meeting, and we pay our respects to their elders past and present. As Councillors we have all taken an oath to carry out our duties in the best interests of the people of Indigo Shire and to do this in a fair and impartial manner. We are all committed to exercising the Council’s powers and functions to the best of our skills and judgement.

3. APOLOGIES AND LEAVE OF ABSENCE

Nil 4. DECLARATION OF CONFLICT OF INTEREST

Nil 5. OPEN FORUM

Alan Davis Question 1: To Councillor Larry Goldsworthy When you were Inspecting Woolshed road last week did you notice that there was very little gravel on the road at about five hundred meters from the sealed section where the road crests and not the 375 mm to 100 mm that the report says, also there is no sign saying that this is a crest and that the road moves over one road width on the crest Response: Cr Larry Goldsworthy confirmed that he visited Woolshed Road last week and that there were patches that did not appear to have 100mm of gravel. He referred to the report put forward by the Director of Infrastructure Services, Ian Ellett which stated that the gravel section of Woolshed Road was last measured in 2013 and was found to have 80 to 100mm of gravel in most sections and that the report did not actually say that the whole road has 100mm and would defer to the experts as to what is required . He also confirmed that there was no sign. Question 2: To the Mayor When can we expect a consistent road assessed benefit score instead of the farce we see happening at the moment eg Old Cemetery Road which is a access rd ,Woolshed road which is a collector rd etc one would think that the same assessment would be used in all cases. Response: Mayor Cr Jenny O’Connor confirmed that Council does have criteria and that Councillors are in the process of reviewing the criteria with the aim of this being presented to Council early next year.


Question 3: To Ian Ellett We notice the third road on your list of roads to be sealed is Old Cemetry road Chiltern ,we are very confused about where on OLD Cemetery Road is to be sealed or is this a mistake and has Woolshed road now moved up on the list ? Response: Director of Infrastructure, Ian Ellett responded saying that the list was put together 2-3 years ago. There was a section of Old Cemetery Road (third one on the list) that was included in last year’s program and has since been sealed and confirmed that due to this Woolshed Road would move one up the list. Jamie Kronborg - President, Beechworth Arts Council

BEECHWORTH SHIRE (TOWN) HALL AND FORMER COUNCILCHAMBERS Indigo Shire Council has budgeted expenditure of $140,000 in 2017-18 to refurbish serious deterioration in the built fabric of Beechworth Shire Hall (also known as the town hall), constructed in 1859. This is a welcome step. Question 1: Can the council advise the community of the detail of the scope of works, scheduled start and completion dates, and when it expects to devise and implement adequate policies and plans that will ensure regular maintenance, upkeep, cleaning, presentation and protection of this historic community asset and its heritage furniture and fittings? This question was taken on notice Question 2: Has the council yet considered any robust proposal for the use of the former council chambers (built 1888-89) adjacent to the hall and, if not, is it open to discussion with Beechworth Arts Council and the Indigo arts community about prospects for the chambers' refurbishment as a public gallery for art and culture? Response: Mayor Cr Jenny O’Connor responded by confirming that in the first quarter of next year the development of a Masterplan for the Historic Precinct process will commence. Part of this process will involve engagement with interested people within the community and obviously the Arts Council will be one along with other interested parties

MOTION That standing orders be suspended to allow for a presentation from the Committee of the Sustainable Communities Tidy Towns Beechworth”. Moved: Cr Murdoch Seconded: Cr Shepheard

CARRIED


Standing orders were suspended to allow for presentations from the Committee of Sustainable Communities Tidy Towns Beechworth and the Total Renewable Yackandandah (TRY) Committee. Recognition of Total Renewable Yackandandah – Winner Community and Sustainability Resilience Banksia Award Mayor Cr Jenny O’Connor congratulated TRY for winning the community and sustainability resilience award on behalf of the TRY group and the Yackandandah community. The Banksia awards are the world’s longest running sustainability recognition award program and it has acknowledged the tremendous effort by Try working to achieve a 100% renewable energy electricity supply. Total Renewable Yackandandah Co-Chair, Dennis Ginnivan presented, recognising the contribution of the Indigo Shire Council as one of the initial generators of the idea 6 years ago and acknowledged the work completed by Matt Charles Jones and Matt Grogan. TRY has requested that the award be displayed in a prominent location within the Yackandandah community. The Yackandandah Library was nominated and accepted as the appropriate location. Recognition for Tidy Town Committee and the township of Beechworth – Winner 2017-2018 Tidy Towns Victoria Mayor Cr Jenny O’Connor welcomed members of the Tidy Town Committee to speak to the award. Committee member Anne Jarvis spoke to the award and how it showcases Beechworth’s Sustainability and Community as a whole. Committee member Iris Manik presented Indigo Shire Council with two Highly Commended Tidy Town Awards for the Brain Drain Project in Loch Street, Beechworth and restoration work being done at Sandy Beach and the Jetty, Lake Sambell, Beechworth. Mayor Cr Jenny O’Connor congratulated Anne Wilson for winning the Dame Phyllis Frost award which recognises the outstanding achievement of an individual in the community participation and environmental protection.

MOTION That standing orders be resumed Moved: Cr Price Seconded: Cr Shepheard

CARRIED

6. CONDOLENCES

Nil


7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S)

RESOLUTION

That the Minutes of the Ordinary Council Meeting held on 31 October 2017, as published on Council's website, be confirmed.

Moved: Cr Price Seconded: Cr Goldsworthy

CARRIED

8. BUSINESS ARISING FROM PREVIOUS MINUTES

Several questions were asked during Open Forum at the last meeting, and taken on notice for Council Staff to respond. The responses to these questions have been provided to the questioners, and included in the Agenda at Business Arising.


9. DEPUTATIONS AND PETITIONS

MOTION; That Council;

1. Receives the petition from the “Friends of the Stone Bridge Park”, and;

2. Notes that a meeting of the community was held at Yackandandah on 16 November to discuss this matter, and that a group of approximately 25 community members have expressed a desire to work with Council on this project, and;

3. Notes that the first meeting of this group is scheduled for tomorrow night, and;

4. Requests this group to consider the Yackandandah Skate park upgrade plans and provide suggestions by the end of February on;

a. Improvement to the skate park project that maintains its current location and budgeted cost to Council.

b. Suggestions for future projects to better harmonise the skate park, stone bridge and surrounds.

Moved: Cr Trenery Seconded: Cr Goldsworthy

CARRIED


10. CORPORATE SERVICES

10.1 OCTOBER 2017 - FINANCE REPORT

File No: 2017/784 Phil Garoni - Manager Finance Corporate Services

For Information

RECOMMENDATION

That Council accepts the October 2017 finance report.

RESOLUTION

That Council accepts the October 2017 finance report. Moved: Cr Goldsworthy Seconded: Cr Gaffney

CARRIED

INTRODUCTION

This finance report covers the year to date position for the first four months of the 2017-18 financial year. DETAIL

Overall Result

At the end of October Council’s net financial result was a surplus of $9.7 million which is $577k favourable to the budgeted position of $9.1 million surplus. This favourable variance is comprised of a $609K favourable result in income and $32K unfavourable result in expenses.


Income

Operating Grants are favourable by $73.8K with the majority being due to:

$56.6k received in Natural disaster funding for the recovery of works carried out because of the October 2016 flooding. Noting the works performed contributing to the current unfavourable variance within contract services.

$14k grant received for Building Inclusive Communities which was not budgeted

Other revenue is favourable by $288k due to:

$294k favourable variance due to carried forward unexpended grants or incomplete grant related projects in 2016-17. This favourable variance will be offset by expenditure during the financial year.

Account GroupOctober YTD

Actuals

October YTD

Budget

Variance

$

Variance

%Annual Budget

Income

Developer Contributions 9,450 10,000 (550) (6%) 18,000

Interest Income 45,915 38,032 7,883 21% 157,960

Operating Grants 1,304,068 1,230,233 73,836 6% 4,118,149

Operating contributions 23,594 39,104 (15,510) (40%) 143,000

Other Revenue 1,202,439 914,319 288,120 32% 2,382,407

Rates & charges 15,668,091 15,539,905 128,186 1% 15,539,905

Reimbursements 42,598 17,691 24,907 141% 51,075

Rent 38,170 40,467 (2,297) (6%) 117,661

Statutory Fees & Fines 236,566 222,506 14,060 6% 903,238

User Charges 1,828,068 1,738,055 90,013 5% 3,277,717

Total Income 20,398,958 19,790,312 608,647 3% 26,709,112

Expense

Borrowing Costs 56,892 56,856 (36) (0%) 161,797

Contract Payments 1,285,964 1,242,171 (43,793) (4%) 5,261,560

Depreciation 1,842,308 1,840,274 (2,033) (0%) 6,026,048

Employee Costs 3,577,160 3,675,653 98,493 3% 11,788,353

Materials & Consumables 1,799,387 1,740,231 (59,156) (3%) 3,522,028

Other Expenses 1,962,565 1,935,821 (26,744) (1%) 3,956,361

Util ities 187,113 188,858 1,745 1% 671,083

Total Expense 10,711,388 10,679,864 (31,525) (0%) 31,387,231

Surplus / (Deficit)* 9,687,570 9,110,448 577,122 6% (4,678,119)

* (Red variance) is unfavourable

* Black variance is favourable

October 2017 - Income Statement

* For both actual and budget a positive net result means a favourable contribution to Council, which is referred to as a

Surplus and a negative net resut means a unfavourable contribution to Council, which is referred to as a Deficit.


Rates and charges are favourable by $128k as a result of rates being raised on new property developments. The additional revenue is a permanent favourable variance that does not affect other property rates in the shire and Council remains within the 2.0% rate cap. User charges are favourable by $90k with gas sales exceeding the budget due to extension of the snow season in September. This is mostly offset against increase in cost of gas sold within materials and consumables. Expenditure

Employee costs are favourable by $98.5k due to savings from staff leave taken and vacancies. This favourability will reduce as the year progresses. Materials and Consumables are unfavourable by $59k with gas purchases exceeding the budget due to extension of the snow season in September which is offset against increase in gas sales within user charges.


CASH Council’s Cash position at the end of October 2017 was $8.5 million. This compares to $4.8 million for the same time last year. The major reason for the increase is due to $2.2m early receipt of the Victorian Grants commission allocation for 2017-18 received in June 2017. Details of how these funds are invested are shown below.


Bank Term Rate %

Due

Rollover Amount

WAW 61 2.10 16/12/17 500,000.00

WAW 91 2.25 19/12/17 500,000.00

IMB Bank 90 2.40 13/12/17 1,000,000.00

Defence Bank 90 2.55 25/12/17 500,000.00

Bendigo Bank 60 2.00 10/11/17 500,000.00

Bendigo Bank 63 2.00 27/11/17 500,000.00

Total of All Investments 3,500,000.00

Indigo Shire Operating Account 0.90 946,436.28

Indigo Shire Operating AT CALL Account At Call 1.10 At Call 4,025,797.55

Total Operating Cash Position 4,972,233.83

Total Cash Position 8,472,233.83

Indigo Shire Council - Cash & Investment Report as at 31st October 2017


CAPITAL WORKS As at 31 October 2017, the year to date capital works spend was $878,692 which equates to 8.4% of the adopted CAPEX budget including 2016-17 carry forward projects.

Annual

Budget

October YTD

Actuals

%

Complete

Annual

Budget

October YTD

Actuals

%

Complete

Capital Works Annual Budget 8,096,500 407,847 5.0% 8,221,593 765,496 9.3%

Prior Years Carry Forward 904,197 185,595 20.5% 2,202,378 113,196 5.1%

Other Projects - 0.0% - - 0.0%

TOTAL 9,000,697 593,442 6.6% 10,423,971 878,692 8.4%

2016-17 2017-18

Capital Works

Expenditure


CONCLUSION

It is clear from the October report that Council is off to a strong start for the financial year. The financial position is positive at this stage and staff are continuing to implement Council’s capital works program and Council Plan actions.


Attachments

1.⇨ October Service Plan Statement

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10.2 ASSEMBLY OF COUNCILLORS RECORDS

File No: 2017/761 Dalene Voigt - Acting Director Corporate Services

Corporate Services

For Decision

RECOMMENDATION

That Council accepts the attached Assembly of Councillors records.

RESOLUTION

That Council accepts the attached Assembly of Councillors records. Moved: Cr Price Seconded: Cr Murdoch

CARRIED INTRODUCTION

As required by the Local Government Act 1989 (the Act) the attached Assembly of Councillors records are presented to Council for acceptance (summarised in the table below):-

MEETING DATE

Indigo Economic Development & Tourism Advisory Committee 6 October 2017

Council Briefing 17 October 2017

Community Forum – Sandy Creek 17 October 2017


Finance Committee 24 October 2017

Indigo Environment Advisory Committee 25 October 2017


Burke Museum & Historic Precinct Advisory Committee 6 November 2017

Council Briefing 14 November 2017

Community Forum - Chiltern 14 November 2017

NOTE: The timing of the agenda distribution will sometimes make it difficult to provide a complete month. Please note that any items not included will carry forward to the following month. LEGAL/COUNCIL PLAN/POLICY IMPACT

The Local Government Act defines an Assembly of Councillors as a meeting of an advisory committee of Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) The subject of a decision of the Council; or


b) Subject to the exercise of a function, duty or power of the Council that has been delegated to a person or a committee but does not include a meeting of the Council, a special committee of the Council or an Audit Committee.

Section 80A (2) of the Act requires that a written record of an Assembly of Councillors to be reported as soon as practicable to an Ordinary Council meeting and incorporated in the minutes.

Attachments

1.⇨ Assembly of Councillors Record - Indigo Economic Development & Tourism Advisory Committee - 6

October 2017

2.⇨ Assembly of Councillors Record - Council Briefing - 17 October 2017

3.⇨ Assembly of Councillors Record - Community Forum - Sandy Creek - 17 October 2017

4.⇨ Assembly of Councillors Record - Council Briefing - 24 October 2017

5.⇨ Assembly of Councillors Record - Finance Committee Meeting - 24 October 2017

6.⇨ Assembly of Councillors Record - Indigo Environment Advisory Committee - 25 October 2017

7.⇨ Assembly of Councillors - Council Briefing - 31 October 2017

8.⇨ Assembly of Councillors Record - Burke Museum & Historic Precinct Advisory Committee - 6 November

2017

9.⇨ Assembly of Councillors - Council Briefing - 14 November 2017

10.⇨ Assembly of Councillors - Community Forum - 14 November 2017












10.3 COUNCIL ADVISORY COMMITTEE MINUTES


Corporate Services

For Decision

RECOMMENDATION

That Council receives the attached unconfirmed Advisory Committee minutes, and endorses the Officer comments.

RESOLUTION

That Council receives the attached unconfirmed Advisory Committee minutes, and endorses the Officer comments. Moved: Cr Gaffney Seconded: Cr Murdoch

CARRIED

COMMITTEE DATE OF MEETING

Indigo Economic Development & Tourism Advisory Committee

6 October 2017

Indigo Community Access Advisory Committee 9 October 2017

Audit Committee 23 October 2017

Finance Committee 24 October 2017

Indigo Environment Advisory Committee 25 October 2017

Burke Museum & Historic Precinct Advisory Committee

6 November 2017

Note: The timing of the agenda distribution will sometimes make it difficult to provide a complete month. Please note that any items not included will be recorded in the following month. The resolutions from these Advisory Committee meetings and Officer Comments are outlined below:

COMMITTEE DATE OF MEETING

RESOLUTION OFFICER COMMENT

Finance Committee

24 October 2017

The Finance Committee noted the September Quarterly Performance and Financial Report.

Noted.

Indigo Environment Advisory Committee

25 October 2017

The members of the IEAC support the Plastic Wise Policy and recommend its adoption by Council.

The committees support is noted. The draft policy will be reviewed


and prepared by officers for Council consideration following further consultation.


6 November 2017

The BM&HPAC formally accepts the resignation of the Chairman, Dr David Lawrence, as of 12 May 2017 and thank him for his services.

The Manager, Burke Museum and Cultural Heritage, thanks Dr Lawrence for his services.


6 November 2017

The BM&HPAC’s new Chair will be John Baines.

The Manager, Burke Museum and Cultural Heritage, looks forward to working with John Baines in his capacity as Chair.


6 November 2017

The BM&HPAC’s new Deputy Chair will be Mark Stephens.

The Manager, Burke Museum and Cultural Heritage looks forward to working with Mark Stephens in his capacity as Deputy Chair.


6 November 2017

The BM&HPAC endorses the working group response to the ISC Committee Review Discussion Paper dated 23 October 2017.

This input will be considered and included in the final report to the December Council Meeting.


6 November 2017

The BM&HPAC supports the appointment of Cameron Auty and the Indigo Shire Council direction of managing the Burke Museum and Cultural Heritage of the Indigo Shire

Noted.


6 November 2017

The BM&HPAC be involved at the earliest opportunity in developing the Terms of Reference for the appointment of Consultants for the Burke Museum and the Historic Precinct Masterplan.

This request will be forwarded to the Manager Tourism for consideration.


Attachments

1.⇨ Minutes - Indigo Economic Development & Tourism Advisory Committee - 6 October 2017

2.⇨ Minutes - Indigo Community Access Committee - 9 October 2017

3.⇨ Audit Committee Chair's Report - 23 October

4.⇨ Minutes - Finance Committee - 24 October 2017

5.⇨ Minutes - Indigo Environment Advisory Committee - 25 October 2017

6.⇨ Minutes - Burke Museum & Historic Precinct Advisory Committee - 6 November 2017








10.4 COUNCIL SERVICES ON CODE RED DAYS POLICY


Corporate Services

For Decision

RECOMMENDATION

That Council adopts the attached Council Services on Code Red Days Policy.

MOTION That Council adopts the attached Council Services on Code Red Days Policy removing the requirement to close the pools at Beechworth, Rutherglen, Chiltern and Tangambalanga Moved: Cr Goldsworthy Seconded: Cr Trenery

LOST

RESOLUTION

That Council adopts the attached Council Services on Code Red Days Policy. Moved: Cr Gaffney Seconded: Cr Price

CARRIED

INTRODUCTION

This report provides the background and basis for a Council policy decision on amended service delivery arrangements to be implemented within the Indigo Shire Council in the event that a ‘Code Red’ day fire warning is declared by the Country Fire Authority (CFA). Appended to this report is a document produced by Emergency Management Victoria (EMV) titled Code Red FAQ’s which provides further information on the intention, impact and implications of Code Red Days which adds valuable context to Council’s decisions re service delivery. It is pertinent to consider the following key principles which have been drawn from this information in relation to Code Red days:

The Indigo Shire municipality has not had a single Code Red day declared since the current rating system was introduced in 2010.

Code Red days are very rare and very serious.

They represent the worst conditions for a bushfire or grassfire.

The safest place to be is away from high risk bushfire areas.


There is an increased risk of power outages on Code Red days.

EMV recommends those who live in a high risk fire area consider taking a day trip to the nearest regional city where there are places to stay out of the heat such as shopping centres, cinemas etc.

Leaving high-risk bushfire areas the night before a Code Red day or early in the morning of a code Red day is the safest option for survival.

All unnecessary travel to high-risk bushfire areas within the district declared Code Red should be avoided.

Education Department guidelines mean that some schools within Indigo Shire will be closed on Code Red days whilst others will open.

A Code Red Day will be declared by the CFA no later than 1pm on the day before, however a Code Red can be declared a number of days in advance.

For these reasons, it is a reasonable assumption that a number of Council staff would not attend work on Code Red days.

BACKGROUND

Since the introduction in 2010 of Code Red days following the Bushfire Royal Commission into the Black Saturday fires, no Code Red days have been declared in CFA districts covering the Indigo Shire municipality. This is worthy context to consider regarding frequency and likelihood in determining alternative arrangements for Council services on Code Red days. Code Red days are very rare and very serious. Code Red is the highest fire danger rating in Victoria and is called using the national Fire Danger Rating system – a six-tiered ratings system which tells how dangerous a fire would be if one started. It is important to acknowledge that declaration of a Code Red day may not result in fire or emergency activities. Conversely, fires and emergency activities such as those experienced in the Barnawartha and Indigo Valley regions occurred on a day that was not a Code Red rating. An examination of neighbouring Councils of Wangaratta, Wodonga, Alpine and Towong showed that none of these Council have a publicly available policy on services on Code Red days, however Councils from other fire prone areas do have similar documents publicly available in relation to provision of services on Code Red Days including Murrindindi, Surf Coast, Southern Grampians and Pyrenees. The approach of these Councils varies considerably in terms of which services continue and which close on Code Red Days. KEY IMPLICATIONS

In the event of a ‘Code Red’ fire warning being issued for the region, the objectives of this policy are to:

determine the services that will be effected on Code Red days and document which will be modified or suspended;

respect the right of employees and volunteers to make individual decisions to enact their own bushfire plans and that this will impact on staffing availability;

recognise that service delivery on Code Red days is also contingent upon availability of suitably qualified staff,


recognise that sufficient and appropriate resources must be available for any emergency response, should one develop.

Key Service Delivery arrangements outlined in the proposed policy are summarised below:

Services Closed

Swimming pools – Beechworth, Chiltern, Rutherglen, Tangambalanga, Yackandandah;

Transfer stations - Beechworth and Rutherglen;

Library outreach services;

Customer Service – Rutherglen;

Burke Museum and Historic Precinct Beechworth;

Adjusted service delivery

Frozen meals will be delivered where possible to Meals on Wheels clients the day prior as per arrangements for weekends. First contact people/Carers will be contacted where appropriate, to discuss alternative arrangements for any cancelled services.

Outdoor work will be restricted to essential works that potentially pose a risk to public safety: no mowing, or non-essential works will be undertaken.

To be rescheduled

All non-essential inspections – including building, environmental health inspections, local laws, infrastructure;

Advisory Committee meetings;

Ordinary or Special meetings of Council;

Community engagement sessions, on-site meetings and events involving Council staff, volunteers or Councillors.

Maternal and Child Health - unless the immediate health and wellbeing of a child will be compromised, home visits, Council and co-located venue appointments will be re-scheduled.

Road and tree works that do not pose an imminent risk

Services Remaining Open – subject to the availability of suitably qualified and trained staff.

Beechworth and Yackandandah Customer Service Centres and libraries

Visitor Information Centres

Call centres

Vulnerable Persons

Council will closely monitor those on the Vulnerable Persons Register on Code Red days to ascertain

their needs. First contact people as determined by the client, will be contacted by Council staff

where appropriate to assist with the activation of Emergency Plans.


RISK MANAGEMENT

The decision of whether to restrict or withdraw certain Council services on Code Red days is essentially a question of risk, likelihood and necessity. Any commitment to deliver Council services is qualified by the need for qualified staff to be available. Should services be closed or modified, there is a potential reputational risk to Council – for example if services such as swimming pools were to close on Code Red Days there may be community backlash. Whilst community expectations should be considered in making service delivery decisions, employee, volunteer and public safety is the primary concern. Swimming pools have been the service area that have attracted the most discussion and least consensus amongst key stakeholders. Though the issues are complex, broadly speaking the pros and cons of closing pools on Code Red days are summarised below. Arguments for closing pools

Code Red days are very rare, therefore impact on public would be infrequent.

Concerns with having children as young as 10 at pools unsupervised if an emergency event ensues (though this could happen on any day, not just Code Red days).

Staffing availability – likely to be impacted. Pools cannot open without suitably qualified staff.

What if pools have to be evacuated?

Pools are not an ‘essential service’

Arguments for keeping pools open

Patron/community expectations – likely to be backlash if pools are shut.

Code Red does not mean an emergency has occurred.

It is an extreme weather day, some schools will be closed.

Pools, whilst not an essential service, provide public amenity that is likely to be in high demand on a Code Red day.

Pools would only open if there are suitably qualified staff available. On balance, considering the risks and potential consequences, it is recommended in the attached policy that all of Indigo Shire’s swimming pools be closed on Code Red days FINANCIAL IMPLICATIONS

With the history to date of there being no Code Red days declared in the Indigo Shire municipality since their inception in 2010, the frequency and likelihood of lost revenue due to Code Red days in the future is likely to be inconsequential. Any financial implications of this policy being adopted would be minimal in terms of lost revenue at closed services on Code Red Days.

LEGAL/COUNCIL PLAN/POLICY IMPACT

COUNCIL PLAN This policy supports the following Strategic Objectives and Key Strategies from the Council Plan 2017-2021:


Strategic objective 4.3 Our Emergency management is effective

Key strategies - Work with other agencies to ensure that Council is well placed to respond to emergencies and to support community recovery

Council currently has an internal document guiding staff on safety matters when working in adverse weather conditions. Council also has a Heat Wave Plan 2016. Presently Council has no policy position related to services on Code Red days. COMMUNICATION To date

In developing this policy discussions and consultation has been undertaken with the CFA District 24

Operations division as well as the following internal stakeholders:

Representatives of each of the affected Service Units;

Municipal Emergency Resource Officer;

Municipal Recovery Manager;

Community Recovery Coordinator;

Emergency Management Co-ordinator;

External agency members of the Municipal Emergency Management Planning Committee;

Council’s Audit Committee.

Research was also undertaken on the stance taken by neighbouring and like rural Councils in relation to services on Code Days. Once approved This policy will be made publicly available via Council’s website and also communicated to all staff, volunteers and committees. Additional alerts would occur via social media and the website over the summer and in the event of a Code Red day being declared. CONCLUSION

It is important that Council has a clear, pre-determined position on the provision of services in the event of a Code Red Day declaration. The attached policy has been the result of extensive consultation – both internal and external, and fills this need.

Attachments

1.⇨ Emergency Management Victoria - Code Red Frequently Asked Questions

2.⇨ Council Services on Code Red Days Policy




11. DEVELOPMENT & COMMUNITY SERVICES

11.1 ELECTION OF MEMBERS TO THE WAHGUNYAH RAILWAY LAND DEVELOPMENT COMMITTEE

File No: 2017/763 Kate Biglin - Manager Community Services & Development

Development & Community Services

For Decision

RECOMMENDATION

That Council appoints the following people to the Wahgunyah Railway Land Development Committee:

Mr Alan Pleitner

Mr Wesley Canny

Mr Robert Wiltshire

Mr William Hall

Ms Sue Fenn

Mr Terry Johnstone

Ms Sandra Johnstone

Mr John Naylor

RESOLUTION

That Council appoints the following people to the Wahgunyah Railway Land Development Committee:

Mr Alan Pleitner

Mr Wesley Canny

Mr Robert Wiltshire

Mr William Hall

Ms Sue Fenn

Mr Terry Johnstone

Ms Sandra Johnstone

Mr John Naylor

Moved: Cr Price Seconded: Cr Gaffney

CARRIED


INTRODUCTION

In May 2017, Council resolved to establish the Wahgunyah Railway Land Development Committee in accordance with the Local Government Act 1989. Council also endorsed Councillors Gaffney and Price as representatives of the Committee and determined that nominations be called for membership to the Committee.

BACKGROUND

The Wahgunyah Railway Land Development Advisory Committee was established to:

1) Be responsible for ensuring wide community consultation to assist in the development of

the Masterplan for the Wahgunyah Rail Land (with reference to Figure 1 describing the

area).

2) Undertake continuing community consultation to ensure that the Masterplan is a living and

evolving document responsive to changing community wishes.

3) Respond to community wishes to implement strategies and projects to encourage

community use of the area for personal health, fitness and development.

4) Provide a point of focus for the community to suggest improvements or changes.

5) With Council assistance, seek financial and other assistance to implement and bring to

fruition such strategies and projects.

6) Ensure, to the best of their ability, that any facility in the area complies with current health

and safety regulations and will report any potential hazard or danger to Council as soon as

possible after discovery.

7) Provide Council with advice on the future of the reserve.

The Terms of Reference state that committee shall comprise of:

1) A minimum of two members of the Wahgunyah Progress Association

2) Up to six Community Members.

During the period between May and September an engagement process was undertaken with the Wahgunyah Progress Association to develop the assessment criteria.

An advertisement for committee members was published as part of the Indigo Connection in the Ovens and Murray Advertiser and Corowa Free Press on 20 September 2017. Recruitment information was also distributed via Facebook and email to key community contacts in Wahgunyah for further dissemination around the community through their networks. KEY IMPLICATIONS

A total of eight nominations were received including three members of the Wahgunyah Progress Association (fulfilling the requirement for at least two), and five general community nominations (meeting the requirement of up to six). Each of the applicants has strong community links in Wahgunyah and the surrounding area, and are involved in other service groups including the Wahgunyah Fire Brigade, Wahgunyah Primary School


Council, a former Rutherglen Shire Councillor, Rutherglen Lions Club, Wahgunyah History Group and Wahgunyah Football Club. The proposed membership will provide Council with broadly representative advisory group, well placed to undertake the tasks set out in the Terms of Reference. RISK MANAGEMENT

The appointment of the new members is in line with the Terms of Reference for this Committee and the Council Resolution in May 2017. A key risk mitigation strategy for new advisory committee membership to avoid any significant governance or Council reputational issues is for Council to undertake further training for new members which is being progressed as part of ongoing committee review. FINANCIAL IMPLICATIONS

There are no financial or resourcing implications as this is an advisory committee and does not carry any financial delegation. As the master planning process develops projects will be identified which will need to be considered by Council from a capital works and grant funding perspective. LEGAL/COUNCIL PLAN/POLICY IMPACT

The 2017 – 2021 Indigo Shire Council Plan Strategic Objective 3.2.6 is to Facilitate the development of the Wahgunyah Railway Land for 2017/18 and 2018/19.

CONCLUSION

The appointment of these members to the new Wahgunyah Railway Land Development Committee will activate this committee, allow the members to begin work as set out in the Terms of Reference and achieve Council Plan objective 3.2.6.

Attachments Nil


11.2 INCREASING OPPORTUNITIES FOR YOUTH VOICE

File No: 2017/785 Kate Biglin - Manager Community Services & Development


For Decision

RECOMMENDATION

That Council:

1) Introduces a youth (up to age 25) position on each of Council’s Advisory Committees;

2) Implements an annual Youth Summit aimed at providing opportunities to a much larger number and broader age group of participants, and discontinues the Junior Council program;

3) Increases opportunities for young people to provide input into Council activities via social media platforms;

4) Reviews the youth grant stream of the Community Grants Program to encourage meaningful, youth-led initiatives;

5) Offers the Beechworth Youth Centre space for broader community use and support more targeted youth activities in Beechworth using other available community spaces.

RESOLUTION

That Council:

1) Introduces a youth (up to age 25) position on each of Council’s Advisory Committees;

2) Implements an annual Youth Summit aimed at providing opportunities to a much larger number and broader age group of participants, and discontinues the Junior Council program;

3) Increases opportunities for young people to provide input into Council activities via social media platforms;

4) Reviews the youth grant stream of the Community Grants Program to encourage meaningful, youth-led initiatives;

5) Offers the Beechworth Youth Centre space for broader community use and support more targeted youth activities in Beechworth using other available community spaces.

Moved: Cr Price Seconded: Cr Shepheard

CARRIED

INTRODUCTION

The Indigo Shire Council Plan 2017-2021 highlights a number of actions to increase engagement with youth (aged 12-25) including Strategic Action 1.3.2 “Facilitate more opportunities for the youth voice


to be heard including increased representation on advisory groups/committees”. This aligns with feedback obtained during Indigo Shire’s Youth Consultation Project conducted in early 2017. A review of the youth services and programs delivered by Council has been undertaken and this report proposes changes to improve the meaningful contribution of young people in Council decision making processes, with the goal of enhancing the leadership qualities amongst young Indigo residents. BACKGROUND

Alongside extensive consultation undertaken to inform the Indigo Shire Council Plan 2017-2021 was the Indigo Shire’s Youth Consultation Project conducted in early 2017. Young people surveyed articulated an interest in more leadership opportunities and greater participation in democratic processes. Of the 400 young people surveyed, 17% felt they did have opportunities to be heard in their local communities, 59% said they sometimes had these opportunities and 24% said they did not feel they had any opportunities to have a say about things that impact them. The consultation recommendations included the need to develop an alternative model to enhance the youth voice across the shire. The review noted that “there are almost no pathways for youth voice outside of school” and focus group participants indicated “they had a lot to offer their local community if given the chance”. The Council Plan and consultation outcomes led to a review of the youth initiatives currently delivered in the Community Development portfolio to determine an improved model for young people to have a consistent, mainstreamed voice in the community and contribute to Council decision making. It was also timely to undertake a review, after a full year of the new Youth Services structure which saw the reduction of Council’s Youth Officer hours from full time to three days per week. The initiatives reviewed included Junior Council (including the Halogen Leadership Conference), Freeza and Engage programs, Youth Centres and the Youth Category of the Community Grants program. The timing of this report aligns with the need to communicate any changes to the Junior Council program to Primary Schools prior to the end of the school year. Youth Centres There are two youth centres in Indigo Shire (Rutherglen and Beechworth); these facilities require ongoing maintenance and support to ensure they remain activated community spaces. Rutherglen is used by a local radio station and has been activated recently by the Rutherglen Action Crew (for youth event planning such as photographic competitions and Battle of the Bands). The Beechworth Youth Centre has been used as a ‘drop in space’ for young people on Wednesday afternoons between 3-5.30pm, however this commitment has made it difficult to offer more targeted action groups in Beechworth. Maintaining the space requires more time and financial investment to activate the area than the Youth portfolio can offer, and takes away from the time the Youth Officer could spend on youth programs which are not tied to a specific location. Junior Council Junior Council has been delivered by Council since 2003 and includes a Year 5 representative from each primary school across the Shire. It was developed to provide leadership, fundraising and civic participation opportunities for primary school students, with a strong link to the Atauro Island Friendship Committee for fundraising. A survey was completed at the end of 2016 to gauge student, parent and schools’ feedback on the program. Council officers have concluded that although the program offers an opportunity for a group of Grade 5 students to interact, the leadership and civic participation learnings were limited


only 14 young people. The program requires 50-60 hours of Council Officer time and, together with the Halogen Conference trip, represents a cost to Council of $5,400. Discussions with each primary school indicates that 11 schools support the proposed changes, one school registered its disappointment, and two did not respond to enquiries. This feedback demonstrates solid support for a new direction. A conversation with former Councillor, Peter Croucher, who led the Junior Council during his terms on Council, also recognised that the Junior Council had “run its time” and that the proposed new initiatives were very positive, and likely to be more effective and inclusive. A new Youth Council targeting older participants was considered, however the Freeza and Engage programs, together with the proposed Youth Summit and committee representation changes, offer a more meaningful way for young people to engage with Council. The geographic distances within the Shire are a barrier to a successful Youth Council model, and it usually engages existing school captains / school leaders, whereas the youth action groups have attracted more diverse young people. The new approach proposed in this report will interact with a much larger number of young people and broader range of age groups. Freeza and Engage Freeza and Engage are state government funded programs with skills development, leadership and community engagement objectives. Throughout 2016-2017, youth engagement has been occurring town by town commencing with a youth action group in Beechworth, followed by Rutherglen and now Tangambalanga. The group has received training and mentoring to coordinate a Freeza event in each of these locations. Following the delivery of one event for the year, the group is supported to continue to operate independently with less intensive Council officer support for weekly working group meetings. A same sex attracted (SSA) support group has also commenced in Beechworth during the past 12 months, providing a voice to marginalised young people. Freeza and Engage represent the majority of the Youth Officer’s work and a critical assessment of the outcomes for young people is undertaken at six monthly intervals for funding reporting purposes. The last 12 months has seen a more diverse group of 60-100 young people connected via these programs. At each of the town groups, young people have taken an active coordination role for events and training. There are no changes to proposed to the delivery of these youth programs, providing there are no changes to external funding. Youth Grants The Youth Grants Category of the Indigo Shire Community Grants fund aims to support youth led initiatives across the Shire. There has been $2500 designated in recent financial years to fund youth projects. This grant stream has been underutilised in the last two years of grant allocations. It is proposed that this category be reviewed next grant year to ensure meaningful youth led projects and initiatives are funded. Youth Summit The Summit will be open to both high school and primary school students with an additional session to capture the voice of the 18 – 25 year old group. Council staff will work closely with Councillors and a planning committee to create the Youth Summit. The summit will be conducted in a way that practical information can be sourced from young people with outcomes useful for Council planning purposes. This may include input into Council policies and project, presentations from Chairs of Advisory Committees as well as a committee recruitment drive. An outcome from the Summit may be the nomination of key leaders from each township who become the Youth Voice Advocates for young people in their towns. These individuals can then be trained and supported by the Youth


Officer to be the voice of their young people locally; this is seen as a preferred Youth Voice model over a traditional Youth Council mode. KEY IMPLICATIONS

The changes recommended to increase youth voice include the need to embed regular and consistent opportunities for young people to express opinions and participate in decision making at a local government level. The following program changes are proposed:

Council’s Advisory Committees to include more young people, with a Committee Terms of Reference to require amendment to include a specialist youth position (under 25).

Discontinuation of the Junior Council and Indigo Shire’s participation in the Halogen Leadership Conference.

Introduction of a Youth Summit held annually to ensure meaningful consultation and input into Council Plan priorities, recognise achievements via an awards program, and to provide high profile leadership opportunities for young residents.

Current Indigo Shire Council social media platforms are used more frequently to discuss youth – relevant Council issues with youth people.

The Youth Grant Stream of the Indigo Shire Community Grants is reviewed next grant year to ensure meaningful youth led projects and initiatives are funded.

The Beechworth Youth Centre space be offered for broader community use and youth activities in Beechworth be targeted and optimised, utilising the various community spaces available.

These changes will ensure Council Officer time can be spent on more strategic youth engagement mechanisms reaching a broad age range and larger number of young people. “Youth” is defined as 12-24 years old and there is a higher demand from 14-17 year olds for support. RISK MANAGEMENT

The Junior Council model has been in place in Indigo Shire for 15 years and there will be some disappointment among schools and the community leaders who have contributed in the past. Council Officers have written to all schools in the Shire and followed up with telephone calls to principals or Grade 5 level teachers to obtain feedback on the proposed new model, and specifically the proposed changes to Junior Council. Eleven schools were supportive of the proposed changes, three schools had not responded to the emails and calls, and one school expressed disappointment at the proposed loss of Junior Council. It will be important to engage the previous Junior Council age group in the transition to the Youth Summit, providing other leadership opportunities for primary school aged students to replace their involvement in Junior Council. FINANCIAL IMPLICATIONS

The cost of implementing the proposed program will be cost neutral to Council as resources previously spent on Junior Council will support the delivery of the new activities. Grant funding will be sought for further enhancements to the youth program.


LEGAL/COUNCIL PLAN/POLICY IMPACT

COUNCIL PLAN

The recommended Youth Voice initiatives will assist with the achievement of the key strategic objective 1.3 Our Youth are engaged as set out in the Council Plan 2011-2014, specifically by contributing to strategic actions 1.3.2 Facilitate more opportunities for the youth voice to be heard including increased representation on advisory groups / committees and 1.3.3 Create opportunities for young people to link with businesses to develop skills to participate in entrepreneurship training and implementation, and support leadership training in conjunction with our partners. This Youth Voice approach aligns with the State Government Youth Policy ‘Building Stronger Youth Engagement in Victoria’ which has the following vision and purpose:

Vision An inclusive society where all young people are empowered to voice their ideas and concerns, are listened to and are recognised for their valuable contributions to Victoria.

Purpose To create mechanisms, provide guidance and support initiatives to empower young people to input into government services, policies and programs that are important to them. CONCLUSION

A thorough assessment of the current youth initiatives provided by Indigo Shire Council has been undertaken to critically investigate how Council can maximise meaningful youth involvement in Council processes/decision making. The proposed Youth Voice model combines a range of recommended initiatives and will maximise resourcing to youth leadership development. These initiatives align strongly with state government policy, the Council Plan and importantly feedback from recent youth consultations regarding improved opportunities to hear young people’s views on social and general community wellbeing.

Attachments Nil


11.3 INDIGO PLANNING SCHEME AMENDMENT C73 RUTHERGLEN NORTH RURAL ACTIVITY ZONE PANEL REPORT

File No: 2017/765 Ian Scholes - Manager Planning & Statutory Services


For Decision

RECOMMENDATION

1. That Council abandons that part of Amendment C73 as it relates to Lot 1 PS416473 (McNamaras AGnVET), and that the site remain in the Farming Zone.

2. That Council changes Indigo Planning Scheme Amendment C73 as recommended by the Panel by amending the Rural Activity Zone Schedule 1 to:

a) add a schedule number;

b) delete the objective “To implement the recommendations of the Rutherglen Rural Living Study 2016”.

3. That Council adopts Indigo Planning Scheme Amendment C73 as changed and submit the amendment to the Minister for Planning for approval.

RESOLUTION

1. That Council abandons that part of Amendment C73 as it relates to Lot 1 PS416473 (McNamaras AGnVET), and that the site remain in the Farming Zone.

2. That Council changes Indigo Planning Scheme Amendment C73 as recommended by the Panel by amending the Rural Activity Zone Schedule 1 to:

a) add a schedule number;


3. That Council adopts Indigo Planning Scheme Amendment C73 as changed and submit the amendment to the Minister for Planning for approval.

Moved: Cr Gaffney Seconded: Cr Murdoch

CARRIED

BACKGROUND

At its Ordinary Meeting of the 27th June 2017 Council considered a report in relation to submissions received to the exhibition of Indigo Planning Scheme Amendment C73. In relation to that particular report Council resolved to refer the matter to an independent panel. The Panel hearing was held on the 11th and 12th of September 2017, and was attended by most submitters or their representatives. The final report of the Panel was received on the 11th October


2017. In accordance with the requirements of the Planning and Environment Act 1987 the report will be made available to the public concurrent with the Council Agenda. Council as the planning authority must consider the Panel’s report before deciding whether or not to adopt the amendment. The Panel recommends that Indigo Planning Scheme Amendment C73 be adopted as exhibited subject to minor amendments to the Rural Activity Zone Schedule 1 to comply with the new Ministerial Direction on the Form and Content of Planning Schemes. PANEL REPORT FINDINGS

Following is an extract from the Executive Summary of the Panel Report which is included in its entirety at Attachment 1:

The Panel considers that the Amendment is supported by, and implements, the relevant sections of the State and Local Planning Policy Framework, and is consistent with the relevant Ministerial Directions and Practice Notes. It is well founded and strategically justified and should proceed subject to addressing the more specific issues raised in submissions as discussed in this report. The Panel is satisfied that the broad principles that underpin the zones proposed by the Amendment are consistent with the criteria and methodology in the Rutherglen Rural Living Study April 2016 and with the Indigo Local Planning Policy Framework. The Panel did not find sufficient strategic basis to apply a different zone or minimum lot size to what was justified through the Rutherglen Rural Living Study and proposed by the Amendment. The Panel does not support rezoning any land which was not identified in the exhibited Amendment. The Panel considers that the Amendment will not result in unreasonable impacts related to land use interface, construction noise, infrastructure, services, water supply, privacy or Rutherglen’s historic setting. However, Council needs to consider drainage issues further before permitting too many more people to reside in locations that are frequently inundated during heavy rainfalls. The Rural Activity Zone Schedule should be revised so that content proposed by the Amendment aligns with the requirements in the Ministerial Direction on the form and content of planning schemes. Existing local content may have to be reviewed for the same purpose in the future through a separate planning scheme amendment process. Recommendation Based on the reasons set out in this Report, the Panel recommends that Indigo Planning Scheme Amendment C73 be adopted as exhibited subject to the following: 1. Amend Rural Activity Zone Schedule 1 to:

a) add a schedule number



COMMENT ON PANEL REPORT

Form and Content The Amendment was authorised for exhibition and subsequently exhibited from the 12th April 2017. A new Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Planning and Environment Act 1987 was gazetted on 24th May 2017. The recommendations of the Panel are a practical and considered response that bring the Schedule to the Rural Activity Zone into alignment with the new Ministerial Direction. Panel recommendation 1 is supported and consequently it is recommended that Council change the amendment in the manner suggested. Drainage Panel and submitter comments on drainage are noted. The area is currently covered by the provisions of Schedule 3 to the Environmental Significance Overlay (ESO3). One of the purposes of this Overlay is to identify areas where the development of land may be affected by environmental constraints. The ESO3 specifically relates to the Black Dog Creek Waterway Management District and establishes a framework for addressing significant drainage problems and for assessing proposals for development within the catchment. In addition to the controls established by the ESO3, local policy at Clause 22.01-1 and 21.01-2 is designed to ensure that adequate infrastructure is provided to a suitable standard to all new development. Interfaces between uses and existing use rights Submissions related to potential interface issues between uses are broad and the Panel’s responses encapsulate the manner in which the proposed planning controls respond to this issue. In particular the application of the Development Plan Overlay will allow detailed consideration of the relationship of proposed development to existing and proposed developments on adjoining land through subsequent statutory planning processes. The Panel’s conclusions in relation to mechanisms to address interface issues between uses are agreed with and they will be adequate to cope with the development of land being rezoned. From a statutory perspective however, it is apparent that the site occupied by McNamaras AGnVET will present as an anomaly in the proposed Low Density Residential Zone. This was never the intent of the Amendment which in a large part seeks to redress anomalies between land uses and the existing underlying zones. It is acknowledged that the site will enjoy ‘existing use rights’ however this protection is limited and could act as a constraint on the business in the future. It is therefore recommended that part of Amendment C73 as it relates to Lot 1 PS416473 (McNamaras AGnVET), be abandoned and that the site remain in the Farming Zone. This would be consistent with submissions made in relation to this site by the land owner. At the hearing submissions were also made supporting the protection of this site by surrounding land owners and the adjacent land owner was also receptive to some alternate zoning being considered for their land that would allow similar development to the McNamaras AGnVET site.


The Council Plan requires that the upcoming Planning Scheme Review has regard to the provision of light industrial land. While this current amendment is not the avenue to explore it, submissions made in relation to the land adjoining McNamaras AGnVET should be kept in mind should a review of industrial land find that new or additional areas are required. Given the existing supply of Low Density Residential Zone (LDRZ) land, it is not considered that rezoning the area adjoining McNamaras AGnVET to LDRZ by this amendment will result in its immediate development or preclude its consideration as part of any review of potential industrial land in the future. Specifically, there is nothing on the ground that would warrant abandoning the Amendment on the land adjoining McNamaras AGnVET. Having regard to the above it is recommended that, with the exception of changes proposed to Lot 1 PS416473 (McNamaras AGnVET), the exhibited changes as proposed by Indigo Planning Scheme Amendment C73 should proceed, incorporating the recommended minor changes by the Panel. KEY IMPLICATIONS

The application of the Rural Activity Zone and Low Density Residential Zone in the manner proposed to land north of Rutherglen is consistent with the Municipal Strategic Statement and the recommendations of the Rutherglen Rural Living Study 2016. This is also identified in the Rural Land Use Strategy Implementation Plan and the last Planning Scheme Review as necessary actions. Rezoning of the areas as proposed provides a dedicated area at Rutherglen for rural residential and hobby farm development and will support broader strategies to: • Direct rural residential development to areas strategically zoned for this type of development. • Reduce the proportion of new housing development provided in rural areas and encourage the

consolidation in existing settlements where investment in physical and community infrastructure and services has already been made.

• Support the development of tourism related activities and facilities in appropriate locations and/or where the activity or facility will have minimal impact on agricultural activities.

RISK MANAGEMENT

There are no major risks anticipated with Council adopting Amendment C73 as outlined in this report. FINANCIAL IMPLICATIONS

There are no major financial implications anticipated with Council adopting Amendment C73 as outlined in this report. LEGAL/COUNCIL PLAN/POLICY IMPACT

Implementing the recommendations of the Rutherglen Rural Living Study will assist with Councils vision of taking care of our places, townships and infrastructure by providing a planning framework that will ensure that our townships and land management are well planned and sustainable. CONCLUSION

The Panel considers that the Amendment is supported by, and implements, the relevant sections of the State and Local Planning Policy Framework, and is consistent with the relevant Ministerial Directions and Practice Notes. It is well founded and strategically justified and should proceed subject to addressing the more specific issues raised in submissions as discussed in this report.


The Panel is satisfied that the broad principles that underpin the zones proposed by the Amendment are consistent with the criteria and methodology in the Rutherglen Rural Living Study April 2016 and with the Indigo Local Planning Policy Framework. The Panel recommends that the Rural Activity Zone Schedule should be revised so that content proposed by the Amendment aligns with the requirements in the Ministerial Direction on the form and content of planning schemes. Existing local content may have to be reviewed for the same purpose in the future through a separate planning scheme amendment process. Having regard to the above it is recommended that the exhibited changes as proposed by Indigo Planning Scheme Amendment C73 should proceed, incorporating the recommended minor changes by the Panel with the exception of changes proposed in relation to Lot 1 PS416473 (McNamaras AGnVET), where it is recommended that part of the Amendment be abandoned and that the site remain in the Farming Zone.

Attachments

1.⇨ Panel Report - Indigo Planning Scheme Amendment C73 - Rutherglen Rural Living



11.4 PP17-0137 - TELECOMMUNICATIONS FACILTY (OPTUS MONOPOLE), DIFFEY ROAD BEECHWORTH



For Decision

RECOMMENDATION

That Council approves Planning Permit PP17-0137 to allow the development of the land for a telecommunications facility subject to the following conditions and issue a Notice of Decision to Grant a Permit.

1. APPROVED DEVELOPMENT

The layout of the site, dimensions and elevations of the proposed building/s and works as shown on the plans endorsed pursuant to this condition must not be modified or altered without the written consent of the Responsible Authority.

2. EXTERNAL FABRIC

(i) The external fabric of the building/s hereby approved, (including the roofing) or any above-ground water storage tank constructed or installed on the land must be of non-reflective, neutral “earthy” colours to blend with the landscape and preserve the visual amenity of the area.

(ii) Any metal cladding proposed to be used in the construction of the building/s hereby approved, must be:

(a) galvanised or natural colour bonded metal cladding; and/or

(b) treated metal cladding painted in muted tones, provided such painting is

completed prior to the occupation of any building/s hereby approved, to the satisfaction of the Responsible Authority.

3. SEDIMENT CONTROL & SOIL AND WATER MANAGEMENT

To minimise soil erosion during construction, the landowner and builder must ensure that any clearing or construction associated with development is conducted in accordance with sediment control principles as outlined in "Construction Techniques for Sediment Pollution Control” (Environment Protection Authority 1991). Specifically, the landowner and builder must ensure:

a) Grading, excavation and construction does not proceed during periods of heavy rainfall;

b) Sediment traps are designed, installed and maintained to maximise the volume of sediment trapped from the site during development and construction;

c) Vegetation is cleared from the construction site only; other areas must remain undisturbed;

d) Top soil from the construction site or builders sand is stockpiled in a location where it will not be eroded from the site;

e) All erosion control measures are maintained after rainfall and are retained until the site has fully revegetated, and;

f) Disturbed areas are stabilised and revegetated following the completion of works.


4. POINT OF ACCESS

Prior to the commencement of any on-site works the location of the point(s) of access must be determined to the satisfaction of the Responsible Authority.

5. VEHICLE CROSSINGS

Prior to the commencement of the use hereby permitted the applicant must construct the vehicle crossings to the subject land in accordance with relevant standards. Consent for works in the road reserve must be obtained from the Responsible Authority and levels fixed.

6. STORMWATER DRAINAGE

All stormwater emanating from the developments approved by this permit must be disposed of within the curtilage of the property. Any concentrated storm water flows due to the development must be dispersed prior to entering natural systems. Methods such as contour drains or infiltration trenches should be used for this purpose. Flow dispersal must be employed at the point of discharge of any drain constructed.

7. GOULBURN-MURRAY WATER CONDITIONS

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

(ii) No buildings or works may be erected or carried out within 30 metres of a waterway.

8. EXPIRY DATE

This permit will expire if one of the following circumstances applies:

(i) The development is not started within two years of the date of this permit.

(ii) The development is not completed within two years of the date of commencement.

RESOLUTION

That Council approves Planning Permit PP17-0137 to allow the development of the land for a telecommunications facility subject to the following conditions and issue a Notice of Decision to Grant a Permit.

1. APPROVED DEVELOPMENT

The layout of the site, dimensions and elevations of the proposed building/s and works as shown on the plans endorsed pursuant to this condition must not be modified or altered without the written consent of the Responsible Authority.

2. EXTERNAL FABRIC

(i) The external fabric of the building/s hereby approved, (including the roofing) or any above-ground water storage tank constructed or installed on the land must be of non-reflective, neutral “earthy” colours to blend with the landscape and preserve the visual amenity of the area.

(ii) Any metal cladding proposed to be used in the construction of the building/s hereby approved, must be:


(a) galvanised or natural colour bonded metal cladding; and/or

(b) treated metal cladding painted in muted tones, provided such painting is

completed prior to the occupation of any building/s hereby approved, to the satisfaction of the Responsible Authority.

3. SEDIMENT CONTROL & SOIL AND WATER MANAGEMENT

To minimise soil erosion during construction, the landowner and builder must ensure that any clearing or construction associated with development is conducted in accordance with sediment control principles as outlined in "Construction Techniques for Sediment Pollution Control” (Environment Protection Authority 1991). Specifically, the landowner and builder must ensure:

a) Grading, excavation and construction does not proceed during periods of heavy rainfall;

b) Sediment traps are designed, installed and maintained to maximise the volume of sediment trapped from the site during development and construction;

c) Vegetation is cleared from the construction site only; other areas must remain undisturbed;

d) Top soil from the construction site or builders sand is stockpiled in a location where it will not be eroded from the site;

e) All erosion control measures are maintained after rainfall and are retained until the site has fully revegetated, and;

f) Disturbed areas are stabilised and revegetated following the completion of works.

4. POINT OF ACCESS

Prior to the commencement of any on-site works the location of the point(s) of access must be determined to the satisfaction of the Responsible Authority.

5. VEHICLE CROSSINGS

Prior to the commencement of the use hereby permitted the applicant must construct the vehicle crossings to the subject land in accordance with relevant standards. Consent for works in the road reserve must be obtained from the Responsible Authority and levels fixed.

6. STORMWATER DRAINAGE

All stormwater emanating from the developments approved by this permit must be disposed of within the curtilage of the property. Any concentrated storm water flows due to the development must be dispersed prior to entering natural systems. Methods such as contour drains or infiltration trenches should be used for this purpose. Flow dispersal must be employed at the point of discharge of any drain constructed.

7. GOULBURN-MURRAY WATER CONDITIONS

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

(ii) No buildings or works may be erected or carried out within 30 metres of a waterway.

8. EXPIRY DATE

This permit will expire if one of the following circumstances applies:


(i) The development is not started within two years of the date of this permit.

(ii) The development is not completed within two years of the date of commencement. Moved: Cr Goldsworthy Seconded: Cr Gaffney

CARRIED 1. Summary of Application 2. Site History 3. Basis for Recommendation 4. Relevant Planning Policy 5. Public Notification 6 Referral 7. Relevant VCAT Case Law 8. Discussion and Conclusion 1. SUMMARY OF APPLICATION

Application number:

PP17-0137

Applicant: Optus Mobile Ltd C/- Catalyst One Pty Ltd

Subject land: Crown Allotment 7 Section K4 Parish of Beechworth, 1617 Diffey Road, Beechworth.


The above image shows the property location in relation to Beechworth, with the approximate location of the facility marked with a star.


The above image shows the zoning of the subject land and surrounds.


The above image shows the overlays affecting the subject land and surrounds.


The above image shows the subject land, and the approximate location of the


proposed facility marked with a star.

Proposal: To construct a telecommunications facility (35m monopole) on the land in accordance with the site plan as shown below. Complete application documentation and further information provided is at Attachment 1.

Subject land area:

1.751 hectares

Current use of subject land:

The subject land is used for industrial purposes, being ‘Beechworth Sand and Soil’ and ‘Taylors Transport’. The land is developed with storage bins for landscaping materials and storage sheds. Transport vehicles, including prime movers and single and double trailers are also stored at the site.


Surrounding land use:

Land to the north is zoned Industrial (IN1Z) and developed as a concrete batching plant, with associated 22m tall silo. Land to the west is also zoned IN1Z and is cleared land used for grazing. Land to the east fronting Diffey Road is zoned IN1Z – one holding is developed with a dwelling, and another is used as part of the Beechworth Transfer Station. Land to the south is zoned Farming and is cleared land used for grazing.

Zoning and Overlay/s:

The subject land is within the Industrial 1 Zone (IN1Z), and is also affected by Schedule 4 to the Development Plan Overlay (DPO4).

Permit triggers:

Clause 52.19 Telecommunications Facility

Upon receipt of the application, Further information regarding coverage maps and options for co-location was requested – the response is at Attachment 2.

2. SITE HISTORY The subject land has been zoned, used and developed for industrial purposes for many years.

3. BASIS FOR RECOMMENDATION The application has demonstrated that the proposed facility meets the relevant principles relating to the siting and design of telecommunications facilities. Acknowledging that the tower will be visible in the landscape to varying degrees and at different locations, the facility has been sited to minimise visibility within the surrounding environment. It is considered that on balance, the net community benefit provided by the facility weighs in favour of its approval in this instance. 4. RELEVANT PLANNING POLICY

Zoning: 33.01 Industrial 1 Zone (IN1Z)

Overlay/s: 43.04 Development Plan Overlay (DPO4)

State Planning Policy Framework: 14.02-1 Catchment planning and management 19.03-4 Telecommunications

Local Planning Policy Framework: 21.01 Municipal profile 21.03-1 Vision and strategic framework 21.04-1 Settlement 21.05-1 Beechworth

Particular Provisions: 52.19 Telecommunications Facility

General Provisions: 65 Decision Guidelines 65.01 Approval of an application or plan

Referral provisions 66.02-5 Special water supply catchment area


5. PUBLIC NOTICE Notice of the application was given in accordance with Section 52(1) of the Planning & Environment Act 1987 via letters directly to seventy-two owners and occupiers in the vicinity of the subject land. A notice was erected on the subject land, and a notice was published in the Ovens and Murray Advertiser newspaper. Three objections and one petition with eighteen signatories were received in response. The objections have been distributed separately to Councillors. Issues raised in the objection can be summarised as follows:

Objection Discussion

Health effects from the proposed facility, particularly in those with existing health conditions.

The applicant advises that all relevant standards relating to electromagnetic emissions (EME) will be met by the proposed infrastructure. Further information on this subject has been received from the applicant and can be found at Attachment 3.

The tower will detract from the visual amenity of the area.

The landscape surrounding the subject land is a modified rural/industrial landscape that presently contains tall infrastructure, i.e. the concrete silo on the adjoining property. The land and surrounds is undulating and the landscape is broken up by mature vegetation, which provides partial screening opportunities around the site with trees up to 18 metres high, and hills rising to the east. This will assist in screening the infrastructure at the base of the tower. The nature of the infrastructure requires it to be visible to ensure it satisfies the coverage objectives, and whilst there will be visual impacts locally, it is considered these are not fatal to the proposal.

Light pollution at night.

The objection relates to concern that the proposed tower will include obstacle lighting, similar to the Ausnet Services ‘smart meter’ tower on Payne Road, which is visible at night. The applicant has advised that the proposed facility on Diffey Road is not located in an Obstacle Limitation Surface (OLS) Overlay and therefore will not include obstacle lighting.

The notice of the application was misleading.

The application documentation referred to the subject land as 1617 Diffey Road, and it is the objector’s contention that those who received or read the notice of the application would not realise the exact location of the proposed tower and its proximity to the town.

As with all notification of planning applications, the onus is on the individual to satisfy themselves of the details of a proposal, based on an inspection of application documentation. In this case, documentation was available for inspection at Council’s Yackandandah and Beechworth offices, and could have been sent in response to an enquiry.

Property devaluation This is not a valid planning consideration.

No-one uses Optus In Beechworth so the facility is not required.

This is not a valid planning consideration.


All submissions were forwarded to the permit applicant for response, and responses to relevant issues raised are at Attachment 3.

6. REFERRALS

The application has been referred to referral authorities for comment. No objections have been raised – responses are at Attachment 4. The following is a summary of relevant advice:

North East Catchment Management Authority

No objection.

Goulburn-Murray Water

No objection subject to conditions relating to sediment pollution control and proximity to waterways.

North East Water

No objection.

7. RELEVANT VCAT CASE LAW

There are a number of cases in recent years that have some relevance to this application and in particular with regard to visual impact: In the case Wilson & Ors v Golden Plains SC [2009] (VCAT 2120) the Tribunal concluded that: "The need for clear transmission and receiving paths means that in a rural location such as this, monopoles must be visible for them to be effective - if they are hidden below hills or trees they would provide less coverage. Visibility cannot be equated to adverse visual impact" In the case Optus Pty Ltd v Mitchell SC [2002] (VCAT 247), the Tribunal concluded that: "….minimising an adverse impact on visual amenity does not mean that a telecommunications pole must be sited so that it can not be seen by most or many people." With regard to co-location of facilities, Member JA Bennett, in the case Goldsworthy & Ors v Mildura RCC [2009] (VCATP3407/2008) Rural CC stated that: "Although residents did suggest alternate locations…….I accept the evidence of Mr Mews that these would not provide the necessary coverage. I am convinced that Telstra has considered the issue of co-location and alternative locations and that it has not been satisfied that its objective in terms of improved mobile phone coverage can be achieved by using alternative locations". With regard to possible health effects, Member Bennett went on to say: "Clearly residents have a strongly held fear about the effects of Electro Magnetic Radiation but I have reached the conclusion that I could not reject the proposal on health grounds because of the very easy compliance with the relevant Australian Standard in relation to electromagnetic radiation." 8. DISCUSSION AND CONCLUSION: With regard to the most noteworthy guiding document regarding applications of this type - The Code of Practice for Telecommunications Facilities in Victoria - consideration must be given to each of the four principles.


Principle 1: A Telecommunications facility should be sited to minimise visual impact. The nature of telecommunications infrastructure is that it is visible in order to provide the best coverage, however the visual impact must be minimised, particularly on sensitive land uses and development that cannot easily absorb the impact. The applicant indicates that the infrastructure is required in part to service the Beechworth Township and surrounds. It would not be appropriate to locate the facility in the centre of Beechworth, as the historic nature of the township and lack of tall vertical structures would lead to unreasonable visual impact. Similarly, out of the historic area but in a residential area would be considered inappropriate for these reasons. The chosen location of the facility is separated from both the historic and residential areas, but in close enough proximity to achieve coverage to these areas. The location, on land used and developed for industrial purposes, and has an assortment of development, including a strong visual element in the concrete silo Other locations which were considered by the applicant included included other properties in the industrial area however these were significantly closer to existing dwellings. Pages 12 to 18 of the application documentation detail the site selection process and the particulars of each location considered. Principle 2: Telecommunications facilities should be co-located wherever practical. There are limited options for co-location in Beechworth, the applicant reports that none would meet the coverage objectives. There is an existing tower on Red Hill Road which is already developed with Optus infrastructure and cannot be further augmented. The other existing tower on Payne Road is not located within the desired coverage location. It is considered the applicant has explored co-location sufficiently in this instance. Principle 3: Health standards for exposure to radio emissions will be met. The applicants have provided a report detailing investigations into the potential levels of Electromagnetic Energy (EME) at ground level emitted from the telecommunications tower. This report projects that the highest level of EME would be 0.48% of the maximum level set by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), i.e. less than half of one percent of the maximum exposure limit. This report can be found in the application documentation at Appendix C. The applicants have demonstrated that the relevant standards can be met by the proposal. Principle 4: Disturbance and risk relating to siting and construction should be minimised. The site of the proposed facility is industrial land serviced by a sealed road. There are no sensitive features such as flora, fauna or land subject to erosion and the site has no specific landscape values or features that would be adversely affected by the construction or operation of the facility. As the location of the tower is in close proximity to the Diffey Road road reserve, minimal site works for vehicular access and parking will be required. It is considered that the application demonstrates compliance with the principles outlined in the code of practice. As can be seen from the various policies and guidelines relating to telecommunications facilities, a fine balance must be struck between minimising the visual impact of such facilities while providing effective service coverage.


Council is obliged to consider the impact of a proposal on residential amenity, whilst being mindful of considering the benefits of a proposal on the broader community. There is no doubt the proposed monopole will be visible in the landscape - that is its purpose, to provide line-of-site coverage, however given the nature of the construction and the minimal intrusion it will make in the broader landscape, the proposal is not unreasonable.

The overall objective is to improve mobile coverage to the Beechworth Township, based on a demonstrated deficit. These services are utilised by an increasingly large proportion of the population who expect a certain standard of service, which the service provider is obligated to deliver. Due to the nature of the infrastructure, the facility will be visible from a number of vantage points including dwellings, however the scale of the impact is not unacceptable, particularly as the monopole is a slim structure which minimises its impact.

CONCLUSION

For the reasons stated above it is recommended the application be approved subject to conditions.

Attachments

1.⇨ Application Planning Permit - 1617 Diffey Road - Beechworth - PN 8940

2.⇨ PP17-0137 - Response - Further Information - 1617 Diffey Road - Beechworth - PN 8940

3.⇨ Applicant response to submissions

4.⇨ Referral authorities responses






11.5 PP98-166 - CHILTERN FREEWAY SERVICE CENTRE - REQUEST FOR EXTENSION OF TIME AND AMENDMENT TO PERMIT



For Decision

RECOMMENDATION

1. That the request to amend permit PP98-166 to remove reference to the use and development of the southbound facility be noted and the permit amended accordingly.

2. That the request to extend the time allowed to commence and complete the construction of the northbound centre be granted. The (time) condition to now read:

“#. TIME FOR STARTING AND COMPLETION:

This permit will expire if either:

The development is not commenced by 01/01/2020

The development is not completed within 12 months of commencement.”

RESOLUTION

1. That the request to amend permit PP98-166 to remove reference to the use and development of the southbound facility be noted and the permit amended accordingly.

2. That the request to extend the time allowed to commence and complete the construction of the northbound centre be granted. The (time) condition to now read:

“#. TIME FOR STARTING AND COMPLETION:

This permit will expire if either:

The development is not commenced by 01/01/2020

The development is not completed within 12 months of commencement.”

Moved: Cr Gaffney Seconded: Cr Murdoch

CARRIED

INTRODUCTION

Council has been asked to approve the 10th extension of the planning permit allowing the construction of a Freeway Service Centre on the Hume Freeway immediately north of the freeway intersection with Wenke Road at Chiltern. The request, from S H A Premier Constructions Pty Ltd on behalf of United Petroleum, also informs Council that it is no longer intended to build the southbound facility and that the permit should be amended to delete reference to this part of the development.


BACKGROUND

The permit was originally issued in 1998 but the development itself was approved prior to this by the former Shire of Chiltern. The matter was last reported to Council in May 2015 where it was resolved

“That 1. The request to extend the time allowed to complete construction of the

Twin Freeway Service Centres, Hume Freeway Chiltern is granted and that Condition 8 on Planning Permit PP98-166 be amended so as to require all works for both sites to be completed by 30 September 2016.

2. The applicants be advised that given this will be the 9th extension of the permit, it is extremely unlikely that Council Officers would recommend to Council that any further permit extensions be granted.”

Notwithstanding item 2 of the resolution Council received an approach in September 2016 from United Petroleum seeking a further extension. Following several discussions it was agreed that:

“Officers would be willing to take the matter back to Council for permit extension consideration if, within the next 6 months, United’s consultant had engaged with VicRoads and freeway access approval given (or it was apparent that approval was likely to be given).”

Due to delays within VicRoads approval for freeway access was not resolved until the end of August 2017 with Council being informed in early September. The function of determining permit time extension requests is delegated to officers however this particular application has been brought to Council for determination because of:

Previous Council resolution of May 2015

Deletion of the southbound component of the development

This is the 10th permit extension request

The opportunity to provide an update to the local community on the proposal

The proposal is a significant development and is of interest to Councillors and the local community.

KEY IMPLICATIONS

The guidelines established in the Supreme Court case “Kantor v Murrindindi SC (1997) – 18 AATR 28S” are the questions that Council should consider when determining time extension requests. For the information of Councillors the section of the 2015 Council agenda report dealing with this issue is included as attachment 1. Since 2015 there have been 2 changes of consequence which should be considered:

The deletion of the southbound component

The updating by VicRoads of their “in principle” agreement to freeway access. Although it could be argued that these matters do not indicate any significant momentum it is nevertheless evidence that the owner has not abandoned the project. The applicant has also submitted a “progress report” on the project plan and this is attached as attachment 2.


Officers are not aware that the existence of this permit or the extension of time for the permit is stopping another developer from providing a freeway service centre. If this was the case it would be an issue that should be considered. This however is not the case and officers therefore have recommended a further permit time extension. RISK MANAGEMENT

If the approval for the construction of Freeway Service Centres on this land expires it is apparent that the property would be worth less than its value should the permit remain live. It would appear likely that should Council not extend the permit life as requested an appeal to VCAT by the applicant would be made. FINANCIAL IMPLICATIONS

It is not possible to accurately say what the impact of a Freeway Service Centre might be on the local economy however it seems obvious that there would be some positive impacts. Council may incur significant legal costs should the application to extend be refused. Council however has a responsibility to administer the Indigo Planning Scheme and the Planning and Environment Act 1987 in a proper manner. Officers believe that, on balance, the permit should be extended one more time however it is the officers opinion that the life of this approval has almost expired and that this is the last time Council should consider extending the completion dates. LEGAL/POLICY IMPACT

The extension of planning permits is a normal part of the administration of the planning system. The use of the Kantor case has helped to provide councils with clear guidelines to use when determining these requests.

In the current case the permit has been extended 9 times already, far more often than most other extension approvals, and there is no clear evidence which shows any definite progress is being currently made on commencing work. It is possible that others maybe examining the options for establishing a Freeway Service Centre along the Hume Freeway within the Indigo Shire Council however it is unlikely that Council would approve another proposal on a different site in the Shire whilst the (United Petroleum) proposal is still alive. This is because the Freeway Service Centre Guidelines state that Freeway Service Centres should preferably not be located within 50km of another Freeway Service Centre. Council cannot become involved in competition between developers however it is entitled to consider that if an existing approval has the effect of stopping any other development but is never actually built, whether the community would be better served by consideration of a new proposal. Officers believe that the current situation is close to turning into an example of where a warehoused permit prevents alternative proposals from being advanced so it has been recommended to Council that “one last chance” be given to commence and complete the development. If the development does not proceed Council would then be able to consider any alternative proposals that may be advanced. CONSULTATION

The applicant has been advised of the Officers opinion on this matter. No public consultation is required in this matter.


CONCLUSION

It is in the Council and community interest that the developer be given one more extension to establish the facility however the approval has been in place for over 17 years and the time is fast approaching to let any other proposals to be brought forward.

Attachments

1.⇨ PP98-166 - Excerpt from Council Meeting Report May 2015

2.⇨ PP98-166 - Progress report




11.6 CUE SPRINGS WATER EXTRACTION MONTHLY COMPLIANCE REPORT

File No: 2017/780 Mark Florence - Director Development & Community Services

For Decision

RECOMMENDATION

That Council notes the Cue Springs Water Extraction facility monitoring report content, and the action undertaken where required.

RESOLUTION

That Council notes the Cue Springs Water Extraction facility monitoring report content, and the action undertaken where required. Moved: Cr Trenery Seconded: Cr Shepheard

CARRIED

INTRODUCTION

Council resolved at the March 2016 meeting that a monthly report on the operations and compliance to planning permit conditions of the Cue Springs Water Extraction facility be provided at each Council meeting. The following table provides the latest update for November 2017.

Cue Springs Water Extraction Monthly Compliance Report

DATE FACILITY STATUS COMPLIANCE STATUS COMMENTS/ ACTIONS

April 2016 Under construction Compliant. No issues reported.

Final inspection before operations commence.

May 2016

Construction completed. Approvals finalised. Commenced operation May 25

Compliant. No issues reported.

June 2016 Operating Complaint received from owner/ operator re: painting of protest sign on road carriageway. Complaint received from community re:

Sign removed by Council staff at Council cost. Complaint investigated. Not




truck arrival and departure outside permitted hours.

substantiated on receipt of data from owner/operator.

July 2016 Operating Information received from community representative of non-conclusive CCTV footage indicating the presence of a water tanker truck in Stanley outside of permitted hours recorded during the same period as the original complaint.

Additional pumping and loading data, and GPS of truck movements and locations data (all confidential) provided by the operator confirm no breach of the planning permit condition. The planning permit condition applies to the use and activity on the subject land, ie entering and exiting the subject site for the purpose of conducting the activity provided for by the planning permit. The planning permit condition cannot be applied to other areas or parts of the surrounding or extended road network.

August 2016

Operating Compliant. No issues reported.

Mid September 2016


End September/ October 2016


A camera not permitted in the road reserve was located outside the facility and removed.

November 2016





December 2016


Issues associated with road conditions were raised over the last couple of months, relating to the Myrtleford / Stanley Road north of Cue Springs, and the intersection with Cue Springs Road. ISC staff have investigated and identified works for action.

January 2017 Operating


The Supreme Court appeal has been decided confirming the VCAT decision to issue a permit. SRCI has advised its intent to appeal this decision to the VIC Court of Appeal.

February 2017 Operating


1. Unauthorised protest signage was removed from the Myrtleford Stanley road in lead up to passage of Sun Tour cycle event.

2. Owner of the water extraction facility reported an incident of a rock being thrown at, and striking water carrying truck. The incident was captured by the truck camera and reported to Beechworth police.

March 2017 Operating Compliant. No issues reported.

April 2017 Operating Compliant. No issues No complaints received




reported. regarding truck movements or operating times. Council to consider a recommendation to join with Alpine and Towong shires for a joint planning scheme amendment for the introduction of a local policy to govern amenity matters for any future applications. Matter to be considered at the April Council meeting.

May 2017 Operating Compliant. No issues reported.

June 2017 Operating Compliant. No issues reported.

July 2017 No Operating Issues A number of objection signs within the road reserve have been identified which are in breach of the Planning Scheme.

Officers are Investigating.

August 2017 Operating Compliant. No issues reported.

Objection raised in July investigated and no enforcement action deemed necessary.

September 2017 Operating Compliant. No issues reported.

October 2017 Operating Compliant. No issues reported.

November 2017 Operating Compliant. No issues reported.

Attachments Nil


12. INFRASTRUCTURE SERVICES

Nil reports


13. EXECUTIVE MANAGEMENT

13.1 GRANT APPLICATION TO BUILDING BETTER REGIONS FUND

File No: 2017/790 Greg Pinkerton - Interim Chief Executive Officer Executive Management

For Decision

RECOMMENDATION

That Council;

1. Supports an application to the Building Better Regions Fund for infrastructure to facilitate additional industrial development in Chiltern, and;

2. Approves a commitment from Council of up to $350,000 for this grant application.

RESOLUTION

That Council; 1. Supports an application to the Building Better Regions Fund for infrastructure to facilitate

additional industrial development in Chiltern, and;

2. Approves a commitment from Council of up to $350,000 for this grant application.

Moved: Cr Price Seconded: Cr Murdoch

CARRIED INTRODUCTION

The purpose of this report is to seek Council’s support for a grant application to be prepared and submitted, with the implication that this application will commit Council (if the application is successful) to a matching contribution of up to $350,000. BACKGROUND

The Chiltern Place making and structure plan (adopted by Council in June 2016) identifies the need for an industrial employment precinct to “provide a pathway for small to medium sized businesses to grow in the local area”. The location identified in this plan revolves around the current Council depot and the report identifies the likelihood of this work being done in stages. In early 2017 Council applied for funding under the Federal Government’s Building Better Regions Fund (BBRF) to fund a broad range of works in Chiltern, including the enhancement of utilities and services that would support this future industrial area. In this very competitive grant program Indigo Shire was not successful. Round 2 of the BBRF program is now open for submissions and Council has an opportunity to reapply for grant funding under two streams; Infrastructure Projects and Community Investments. As part of the consideration of this grant opportunity a number of Council projects have been considered from locations across the shire. These project candidates have been assessed against the BBRF application guidelines and the Chiltern Industrial area is Council’s strongest current contender for funding due to


its readiness for construction, direct connection to jobs & economic growth, and its cost/benefit ratio. KEY IMPLICATIONS

The release of a second round of the BBRF program allows Council a second opportunity to apply for a significant contribution toward one of Council’s key priorities in Chiltern. The new application differs from the first application in that several of the projects from round 1 are continuing under different funding models, and the industrial employment precinct is the sole focus of this round 2 application. RISK MANAGEMENT

There are limited risks associated with an application to the BBRF program. As significant amount of previous work has been done to scope the project and provide the strategic backing for the Chiltern industrial precinct. Project delivery risks will be further assessed and treated after grant funding is secured. This is in line with usual project processes. FINANCIAL IMPLICATIONS

Some of the fine project details and costing require additional work prior to obtaining a final price for this project. The cost estimate done in 2016 indicated that the project was around $650,000 and it is expected that the current price range is between $650,000 and $700,000. The BBRF requires a dollar-for-dollar co-contribution and therefore Council’s contribution is expected to be between $325,000 and $350,000. As part of the grant application process the cost will be confirmed and this Council contribution may reduce. The recommended resolution provides scope to cover a Council cost up to $350,000; making a maximum $700,000 project. The BBRF program guidelines suggest that the announcement of grant recipients will take place in mid-2018, with project commencement required within the months following the announcement. For this reason the Council contribution will not be required until the 2018/19 financial year. For this reason, Council’s support is required, although no changes to the current year’s budget are needed. In addition to the construction cost discussed above, a small administrative cost will be incurred in the current financial year for the grant application process. It is expected that this expenditure will be accommodated within Council’s employee budget. LEGAL/COUNCIL PLAN/POLICY IMPACT

This application is a significant step towards the achievement of Council Plan action 2.1.5 “Develop Chiltern industrial land stage 2 as per the Chiltern Placemaking Plan” as well as action 3.1.3 “Identify and encourage development of light industrial precincts across the shire”. CONCLUSION

The Building Better Regions Fund is a significant funding source for local government infrastructure, and the BBRF objectives align well with some Council’s key projects. Of the projects that Council has on its forward plans, the Chiltern industrial employment precinct is the closest match to the BBRF requirements, is the most likely to be funded and can be commenced in the required timeframe.

Attachments Nil


14. NOTICES OF MOTION

Nil reports


15. COUNCILLORS REPORT

Cr Sophie Price Cr Price spoke to the North East Water Forum in Beechworth held last week mentioning that it was well attended and provided a balanced discussion from both sides. Cr Price also mentioned the Chiltern MoRide, which raises the awareness of men’s mental health and prostate cancer and acknowledged the work of the volunteers involved. Cr James Trenery Cr Trenery congratulated the Rutherglen RSL and the unveiling of the War Graves Ceremony he attended. He acknowledged the huge amount of time and effort given by the RSL and the community. Cr Diane Shepheard Cr Shepheard congratulated the Beechworth Arts Council on the Springs Arts Festival event. Cr Shepherd noted that a Renewable Sustainable Beechworth group is currently looking at setting up a total renewable project similar to TRY in Yackandandah. Cr Jenny O’Connor Cr O’Connor invited Cr Gaffney to speak to the Celtic Festival and the Tattoo. Cr Gaffney noted that the event was sold out days before and was a huge success. Cr O’Connor noted that the 16 days of Action of Preventing Violence Against Women was currently occurring and White Ribbon Day was approaching. Cr O’Connor also noted that as a local government we are very aware of this issue in our community, we are very concerned about it and it is something we will be addressing in our Municipal Health and Wellbeing plan and are actively participating and supporting the action taken right across the state to prevent violence against women.


15.1 MAYOR DIARY - OCTOBER 2017

For Information

DATE TIME FUNCTION/EVENT LOCATION

03/10 2.30pm Council Briefing Beechworth

04/10 10.00pm Meeting - Food Co-op Beechworth

04/10 12pm Meeting – Peter Croucher Tangambalanga

05/10 5.30pm Plasticwise Steering Committee Beechworth

9/10 1.00pm KMPG Insights Panel Melbourne

10/10 1.00pm Citizenship Ceremony Beechworth


11/10 11.00am Beechworth Senior Citizens AGM Beechworth

11/10 3.30pm Murray Goulburn Working Group Tangambalanga

11/10 5.00pm Atauro Island Friendship Committee Rutherglen

16/10 5.30pm Bottled Water Forum Beechworth


18/10 9.00am Rural Council Victoria Committee Meeting Melbourne

18/10 11.30am Rural Council Victoria Committee AGM Melbourne

18/10 12.00pm Rural Council Victoria Forum Melbourne

19/10 9.00am MAV Conference Melbourne

20/10 9.00am MAV State Council Meeting Melbourne

23/10 1.00pm Regional Renewable Energy Strategy Meeting Benalla


25/10 10.00am Manger Burke Museum & Cultural Heritage Beechworth

25/10 6.00pm Indigo Environment Advisory Committee Beechworth

26/10 10.00am Rutherglen Estates Official Opening Rutherglen

30/10 3.30pm Murray Goulburn Working Group Tangambalanga


Attachments Nil


16. GENERAL BUSINESS

Introduction of New Deputy Mayor – Cr Sophie Price Mayor Cr Jenny O’Connor introduced new Deputy Mayor – Sophie Price congratulating her on her appointment mentioning that she is looking forward to working with her. Mayor Cr Jenny O’Connor also thanked Cr Gaffney for his support last year as Deputy Mayor. Cr Sophie Price thanked Cr Gaffney for leading the way and providing his support and stated she is looking forward to working with the Mayor, Councillors, organisation and the community. Community Forum - Wahgunyah Cr Shepheard encouraged people within the Wahgunyah community to attend the Community Forum being held in Wahgunyah on Tuesday the 12th December at the School of Arts at 6.00pm. Cr Shepheard also mentioned that there has already been two forums in Sandy Creek and Chiltern were the Council Plan and local community areas of concern. Festival of Dangerous Ideas Cr Shepheard noted the Festival of Dangerous Ideas to be held Friday 1st December and that everyone is welcome to attend. Sandy Beach Development, Lake Sambell Cr Goldsworthy congratulated the Infrastructure services team on the great job they are doing at the Sandy Beach area, Lake Sambell.


Meeting Concluded: 7.43pm

Next Meeting: Tuesday, 19 December 2017 at 6:30pm

minutes of ordinary council - 28 november 2017 · 2018. 9. 26. · ordinary council minutes - 28...

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