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Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 20 November 2018 Page 1 of 111 MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON TUESDAY 20 NOVEMBER 2018 AT 6.30 PM IN THE COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

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Page 1: MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON … · Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 20 November 2018 Page 3 of 111 12. NOTICE

Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 20 November 2018 Page 1 of 111

MINUTES

OF THE ORDINARY MEETING OF COUNCIL HELD ON

TUESDAY 20 NOVEMBER 2018 AT 6.30 PM IN THE

COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE

CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

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TABLE OF CONTENTS

1. PRESENT 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY MEETING OF COUNCIL – 16 OCTOBER 2018 4

5. PRESENTATION OF CERTIFICATE OF APPRECIATION 5

6. PUBLIC QUESTION TIME 6

7. PETITIONS AND JOINT LETTERS 6

8. COMMITTEE REPORTS 6

8.1. GOLDFIELDS LIBRARY CORPORATION 6

9. ASSEMBLIES OF COUNCILLORS 11

10. OFFICER REPORTS 19

10.1. OUR PEOPLE (PEO) 19 PEO 11 REAPPOINTMENT OF AUDIT AND RISK ADVISORY COMMITTEE

MEMBER 19 PEO 12 ANNUAL PLAN 2018/2019 – QUARTER 1 PROGRESS REPORT 21 PEO 13 MOUNT ALEXANDER MUNICIPAL FIRE MANAGEMENT SUB PLAN

(INTERIM 2018/19) AND NORTHERN VICTORIAN CLUSTER - MUNICIPAL HEATWAVE SUB PLAN 23

10.2. OUR PLACE (PLA) 29 PLA 17 RESPONSE TO PETITION – REQUEST FOR NEWSTEAD MEMORIAL

PARK UPGRADE OF FACILITIES 29 PLA 18 STREETSCAPE DESIGN PROJECT - FINAL DESIGNS 36

10.3. OUR ECONOMY (ECO) 69 ECO 50 PLANNING PERMIT APPLICATION 124/2018 – TWO LOT

SUBDIVISION, USE AND DEVELOPMENT OF A DWELLING AND ALTERATION OF ACCESS TO A ROAD IN A ROAD ZONE CATEGORY 1 AT 2342 CALDER HIGHWAY, ELPHINSTONE 69

ECO 51 PLANNING PERMIT AMENDMENT APPLICATION PA275/2015 –AMENDMENT TO REMOVE CONDITIONS 1.1B, 1.1D AND 8, AMEND CONDITION 2.1D, AMEND SITING AND DESIGN OF PROPOSED DWELLING, AND ADDITION OF CREATION OF ACCESS TO A ROAD ZONE CATEGORY 1 ROAD AT 8705 MIDLAND HIGHWAY, BARKERS CREEK 81

ECO 52 QUARTERLY FINANCIAL MANAGEMENT REPORT TO 30 SEPTEMBER 2018 102

ECO 53 ADOPTION OF DRAFT LOCAL LAW NO.1 – MEETING PROCEDURES 2018 104

11. DELEGATES REPORTS 107

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12. NOTICE OF MOTION 111

13. URGENT SPECIAL BUSINESS 111

14. MEETING CLOSE 111

SEPARATE ATTACHMENTS: Separate Attachment PEO 12A: Annual Plan Progress Report 20182019 - Quarter 1. Separate Attachment PEO 13A: Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) –

PUBLIC VERSION, Mount Alexander Municipal Fire Management Planning Committee, August 2018.

Separate Attachment PEO 13B: Northern Victorian Cluster - Municipal Heatwave Sub Plan, Northern Victorian Integrated Municipal Emergency Management Planning Committee, November 2018.

Confidential Attachment PLA 17A: Petition - Request for Newstead Memorial Park Upgrade of Facilities, 1 October 2018.

Separate Attachment PLA 18A: Community Planning Streetscapes Designs - Final – September 2018. Separate Attachment ECO 52A: Quarterly Financial Management Report to 30 September 2018. Separate Attachment ECO 53A: Draft Local Law No. 1 - Meeting Procedures 2018. Separate Attachment ECO 53C: Draft Local Law Submission provided by Keith Roberts, September 2018.

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ACKNOWLEDGEMENT OF COUNTRY

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

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

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

1. PRESENT

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman and Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and

Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic) and Principal Governance Officer (John Taylor).

2. APOLOGIES

Nil.

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

Nil.

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 16 OCTOBER 2018

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 6.30 pm on 16 October 2018 at the Mount Alexander Shire Civic Centre have been circulated to Councillors. The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 16 October 2018 be confirmed.

MOVED COUNCILLOR GARDNER

That the recommendation be adopted.

SECONDED COUNCILLOR HENDERSON

CARRIED.

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Mayor Machin welcomed the new Director of Infrastructure and Development, Phil Josipovic.

5. PRESENTATION OF CERTIFICATE OF APPRECIATION

The Mayor and Councillors presented a Certificate of Appreciation to Theresa Pollard for her achievements in competitive powerlifting.

For the second year running she has won the award of Lifter of Lifters at the National Powerlifting Championships in Melbourne.

In August this year, Ms Pollard won the Best Lifter trophy for her amazing feats of strength.

She set national records of 93kg in the squat, 117.5kg in the deadlift and won not only her weight division but her entire age division over 65 years.

Ms Pollard trains at the Real Strength Studio in Castlemaine.

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6. PUBLIC QUESTION TIME

MOVED COUNCILLOR PETRUSMA

That standing orders be suspended at 6.35 pm.

SECONDED COUNCILLOR CORDY

CARRIED.

a. Ms Jess Drake and Mr Terry Willis.

Ms Drake and Mr Willis spoke to Council regarding their concerns around fruit flies within the Shire. • The Director Infrastructure and Development advised that he would follow up on

the concerns around fruit flies and respond to Ms Drake and Mr Willis directly. MOVED COUNCILLOR CORDY

That standing orders be resumed at 6.43 pm.

SECONDED COUNCILLOR LESSER

CARRIED.

7. PETITIONS AND JOINT LETTERS

Nil.

8. COMMITTEE REPORTS

8.1. GOLDFIELDS LIBRARY CORPORATION

The unconfirmed Minutes of the Goldfields Library Corporation meeting held on 14 September 2018 are at Attachment 7.1A.

RECOMMENDATION

That the unconfirmed Minutes of the Goldfields Library Corporation meeting be noted.

MOVED COUNCILLOR PETRSUMA

That the recommendation be adopted.

SECONDED COUNCILLOR GARDNER

CARRIED.

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9. ASSEMBLIES OF COUNCILLORS

Responsible Director: Chief Executive Officer Responsible Officer: Principal Governance Officer

Executive Summary

The purpose of this report is to provide the record of any assemblies of Councillors, held since the last Council Meeting, so they may be incorporated into the Minutes as required under the Local Government Act 1989 (the Act).

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

• The subject of a decision of the Council; or • Subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee.

The definition does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation.

The Act requires that the CEO must ensure that a written record of an assembly of councillors is kept and that it include:

1. The names of all Councillors and members of Council staff attending; 2. The matters considered; 3. Any conflict of interest disclosures made by a Councillor attending; and 4. Whether a Councillor who has disclosed a conflict of interest leaves the assembly.

The Chief Executive Officer must ensure that the written record of an assembly of Councillors is, as soon as practicable:

1. Reported at an ordinary meeting of the Council; and 2. Incorporated in the minutes of that Council meeting.

RECOMMENDATION

That Council notes the records for the Assemblies of Councillors, as required under the Local Government Act 1989.

MOVED COUNCILLOR HENDERSON

That the recommendation be adopted.

SECONDED COUNCILLOR CORDY

CARRIED.

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ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR TOUR

ASSEMBLY DETAILS

Date: 3 October 2018

Time 10.00 am to 12.30 pm

Location Bus tour of Harcourt, with a morning tea break at Goldfields Track Cafe

ATTENDANCE

Councillors: Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Acting Director Infrastructure and Development (Shannon Meadows), Executive Manager Infrastructure (Tanya Goddard), Executive Manager Business Performance (Bradley Thomas), Manager Community Partnerships (Gaynor Atkin), Acting Manager Places and Spaces (Jacquie Phiddian), Acting Manager Development Services (Tracey Watson), Manager Communications and Customer Service (Adam Perrett), Coordinator Strategic Planning (Dominique Trickey), Strategic Planner (Lauren Watt), Heritage and Urban Design Officer (Lisa Merkesteyn), Economic Development Officer (Eva Parkin), Coordinator Youth and Community Development (Sharna Cropley), Coordinator Community Safety and Amenity (Jeffry Amy), Business Support Coordinator (Maree Waldron), Executive Assistant to Director Sustainable Development (Jo-Anne Hewitt), Executive Assistant to Chief executive Officer (Peta Fenton) and Procurement Coordinator (Andrea O’Grady).

Visitors: Nil.

Apologies: Councillor Tony Cordy and Councillor Stephen Gardner

MATTERS DISCUSSED

1. General discussion about Plan Harcourt project, noting extent of existing township boundary and commercial area.

2. Current projects briefly discussed by relevant officers.

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

Nil

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ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR BRIEFING SESSION

ASSEMBLY DETAILS

Date: 9 October 2018

Time 2.00 pm to 5.10 pm

Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets, Castlemaine

ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Acting Director Infrastructure and Development (Ben Grounds), Principal Governance Officer (John Taylor), Climate Change Coordinator (Melanie Marshall, Item 5.1)

Visitors: Deane Belfield, Waste to Energy Project Coordinator Mary Blain, Chair, Mount Alexander Sustainability Group.

Apologies: Nil.

MATTERS DISCUSSED

1. Memorandum of Understanding Update and Deputation – Mount Alexander Sustainability Group (MASG).

2. Contracts within Chief Executive Officer Delegation. 3. iMASC Corporate Platform Project – Update. 4. Vaughan – Tarilta Bridge. 5. Proposed New Supermarket. 6. Camp Reserve Special Committee of Council. 7. Chemical Spraying of Roadsides. 8. Early Years Plan Forum. 9. Youth Forum.

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

N/A N/A N/A

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ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR AND CHIEF EXECUTIVE OFFICER ONLY

ASSEMBLY DETAILS

Date: 9 October 2018

Time 5.10 pm to 5.40 pm

Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets, Castlemaine

ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard)

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Rating Strategy. 2. Preamble to Ordinary Meeting of Council. 3. Letter regarding Castlemaine Landfill. 4. Etty Street, Castlemaine Re-use Proposal.

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

N/A N/A N/A

ASSEMBLY OF COUNCILLORS RECORD COUNCIL MEETING BRIEFING

ASSEMBLY DETAILS

Date: 16 October 2018

Time 5.30 pm to 6.15 pm

Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets, Castlemaine

ATTENDANCE

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Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Acting Director Infrastructure and Development (Ben Grounds), Principal Governance Officer (John Taylor).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Consideration of 2017/2018 Annual Report. 2. Sale of Land at 22 Kyneton-Metcalfe Road, Metcalfe to Country Fire Authority. 3. Adoption of Castlemaine Urban Waterways Management Plan 2018. 4. Adoption of the Road Management Plan. 5. Proposed Leases for Etty Street Castlemaine Secondary College Campus. 6. Planning Permit Application 020/2018 – Use and Development of a Dwelling at 18

Donkey Gully Road, Campbells Creek. 7. Mount Alexander Planning Scheme Amendment C082 – Castlemaine, Campbells

Creek and Chewton Flood Management Plan. 8. Awarding of Contract NPN 1.17 for Bulk Fuel, Fuel Card Services, and Oils,

Lubricants and Vehicle Care Products from 1 November 2018 to 31 January 2021.

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

N/A N/A N/A

ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR BRIEFING SESSION

ASSEMBLY DETAILS

Date: 23 October 2018

Time 2.00 pm to 5.20 pm

Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets, Castlemaine

ATTENDANCE

Councillors: Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Acting Chief Executive Officer (Lisa Knight), Acting Director Corporate and Community Services (Bradley Thomas), Acting Director Infrastructure and

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Development (Ben Grounds), Principal Governance Officer (John Taylor), Manager Economy and Culture (David Leathem, Item 5.1), Cultural Development Officer (Vicki Anderson, Item 5.1), Manager Community Partnerships (Gaynor Atkin, Item 5.2), Acting Community Partnerships Officer (Brona Murray, Item 5.2) and Emergency Management Coordinator (Jason Amos, Item 5.3).

Visitors: Glyn Roberts, Director, Castlemaine State Festival.

Apologies: Councillor Tony Cordy

MATTERS DISCUSSED

1. Castlemaine State Festival 2019 Program Presentation 2. Community Planning Streetscape Designs – Final Designs 3. Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) and

Northern Victorian Cluster - Municipal Heatwave Sub Plan 4. Diamond Gully Structure Plan 5. Rural Australians for Refugees 6. Vaughan – Tarilta Bridge 7. Proposed Telecommunications Tower, Wesley Hill Recreation Reserve 8. Proposed Solar Farm 9. Taradale Mineral Springs Playground 10. Property On Castlemaine - Maldon Road, Muckleford 11. Planting along Kennedy Street, Castlemaine 12. Australia Day 2019 13. Health Hub 14. Complaints regarding Dogs

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

N/A N/A N/A

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ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR BRIEFING SESSION

ASSEMBLY DETAILS

Date: 7 November 2018

Time 2.00 pm to 6.00 pm

Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets, Castlemaine

ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman and Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic), Principal Governance Officer (John Taylor), Statutory Planner (Tim Blackie, Item 5.1), Subdivision Officer (Michelle Hutchings, Item 5.1), Coordinator Statutory Planning (Louise Johnston, Item 5.2), Manager Community Partnerships (Gaynor Atkin, Item 5.3) Coordinator Youth and Community Development (Shana Cropley, Item 5.3), Community Projects Officer (Melissa Fowler, Item 5.3 ) and Executive Manager Business Performance (Bradley Thomas, Item 5.4).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Planning Permit Amendment Application PA275/2015 –Amendment to Remove Conditions 1.1B, 1.1D and 8, Amend Condition 2.1D, Amend Siting and Design of Proposed Dwelling, and Addition of Creation of Access to a Road Zone Category 1 Road at 8705 Midland Highway, Barkers Creek.

2. Planning Permit Application 124/2018 – Two Lot Subdivision, Use and Development of a Dwelling and Alteration of Access to a Road in a Road Zone Category 1 at 2342 Calder Highway, Elphinstone.

3. Community Grants Program 2018/2019. 4. Annual Plan 2018/2019 Progress Report – Quarter 1. 5. Appointment of Councillors as Delegates and Representatives to Committees. 6. Schedule of Ordinary Meetings and Councillor Briefing Sessions for 2019. 7. Local Law No.1 – Meeting Procedures. 8. Recreation Reserves. 9. Recent Media Attention. 10. Newstead Racecourse. 11. Refugees within the Shire.

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12. Staffing Matters. 13. Plan Harcourt. 14. Telecommunications Tower proposal.

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

N/A N/A N/A

ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR AND CEO ONLY

ASSEMBLY DETAILS

Date: 7 November 2018

Time 6.00 pm to 6 45 pm

Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets, Castlemaine

ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman and Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Diamond Gully Amendment. 2. Tarren Valley Amendment. 3. Land for Housing Development. 4. Various staffing matters.

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

N/A N/A N/A

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10. OFFICER REPORTS

10.1. OUR PEOPLE (PEO)

PEO 11 REAPPOINTMENT OF AUDIT AND RISK ADVISORY COMMITTEE MEMBER

Responsible Director: Chief Executive Officer Responsible Officer: Executive Manager Business Performance Original Document: DOC/18/44808

Executive Summary

The purpose of this report is to reappoint Ms Nicole Cox as an independent committee member to the Audit and Risk Advisory Committee.

RECOMMENDATION

That Council reappoints Ms Nicole Cox as an independent member of the Audit and Risk Advisory Committee for the period commencing 21 November 2018 to 31 March 2021.

MOVED COUNCILLOR CORDY

That the recommendation be adopted.

SECONDED COUNCILLOR PETRUSMA

CARRIED.

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Context

The term of the independent member Ms Nicole Cox for the Audit and Risk Advisory Committee concluded on 30 June 2018. The charter of the Committee requires at least three independent members and allows for the reappointment after one term without advertising. Reappointments for a third and final three year term must be advertised.

Policy and Statutory Implications

It has been mandatory since 2004 for Councils to establish an Audit Committee as an advisory committee under Section 139 of the Local Government Act.

The Audit and Risk Advisory Charter outlines the following membership requirements:

The Committee will be comprised of up to six members as follows:

• Two Councillors;

• At least three independent members, one of whom shall be appointed as Chairperson of the Committee by Council upon a recommendation of the Chief Executive Officer.

Issues

Ms Cox has indicated her desire to be reappointed to the Audit and Risk Advisory Committee.

At its meeting on 23 August 2018, the Audit and Risk Advisory Committee discussed the reappointment of Ms Cox. Ms Cox was not presented for the discussions. The Committee passed the following recommendation:

That the Audit and Risk Advisory Committee recommend to Council the reappointment of Nicole Cox for a 3 year appointment as an independent member of the Audit and Risk Advisory Committee.

Moved: Ken Belfrage Seconded: Glenn Sutherland

Alternate Options

Council could decide to not appoint Ms Cox, which would require the role to be advertised.

Financial and Resource Implications

The Audit and Risk Advisory Committee Charter states that “Remuneration will be paid to each independent member of the Committee (the basis shall be an annual fee, with an additional amount paid to the Chair, or a set fee per meeting, or another basis as appropriate)”.

Committee Members receive a fee of $250 per meeting with the Chair receiving an additional $250 per meeting. The total cost to Council is included in Council’s operating budget.

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PEO 12 ANNUAL PLAN 2018/2019 – QUARTER 1 PROGRESS REPORT

Responsible Director: Director Corporate and Community Services Responsible Officer: Executive Manager Business Performance Original Document: DOC/18/30732

Executive Summary

The Annual Plan 2018/2019 Quarter 1 Progress Report provides Council and the community with an update on the progress of projects included in the Annual Plan for the period ended 30 September 2018.

RECOMMENDATION

That Council note the Annual Plan 2018/2019 Quarter 1 Progress Report for the period ended 30 September 2018.

MOVED COUNCILLOR HENDERSON

That the recommendation be adopted.

SECONDED COUNCILLOR CORDY

CARRIED.

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Context

The Annual Plan outlines the actions for 2018/2019 that will be implemented as priorities from the Council Plan 2017-2021. It was adopted by Council on 17 July 2018.

The Annual Plan Progress Report is prepared on a quarterly basis to inform the Councillors and the community on progress against the Annual Plan actions.

Refer to:

Separate Attachment PEO 12A: Annual Plan Progress Report 20182019 - Quarter 1.

Policy and Statutory Implications

Council has adopted a Council Plan for 2017-2021 and Budget 2018/2019 in accordance with the Local Government Act 1989 (the Act).

The Annual Plan is prepared each year and progress in delivering projects is reported to Councillors and the community each quarter in accordance with the Act.

Issues

The Annual Plan Progress Report 2018/2019 – Quarter 1 provides an update on the progress of actions for the period ended 30 September 2018.

It also contains an update on the remaining actions from prior years that were not fully completed and therefore carried-forward.

Alternate Options

Nil.

Financial and Resource Implications

Projects and initiatives contained in the Annual Plan are fully funded in the Budget 2018/2019. The majority of projects are contained within the Capital Works Program or funded as a one-off initiative. A number of programs are also funded from the Operating Budget.

Consultation

Individual projects within the Annual Plan involve community consultation or consultation with relevant stakeholders.

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PEO 13 MOUNT ALEXANDER MUNICIPAL FIRE MANAGEMENT SUB PLAN (INTERIM 2018/19) AND NORTHERN VICTORIAN CLUSTER - MUNICIPAL HEATWAVE SUB PLAN

Responsible Director: Director Corporate and Community Services Responsible Officer: Emergency Management Coordinator Original Document: DOC/18/44097

Executive Summary

The purpose of this report is to present to Councillors the Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) and Northern Victorian Cluster - Municipal Heatwave Sub Plan.

RECOMMENDATION

That Council:

1. Adopts the Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19); and

2. Adopts the Northern Victorian Integrated Municipal Heatwave Sub Plan.

MOVED COUNCILLOR HENDERSON

That the recommendation be adopted.

SECONDED COUNCILLOR NIEMAN

CARRIED.

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Context

Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19)

In 2012, Council adopted the Mount Alexander Municipal Fire Management Plan 2012 – 2015.

The plan expired in 2015 however, the State Fire Management Planning Committee has requested that it not be comprehensively reviewed until a new Victorian Fire Management Strategy is developed.

As the strategy is not due for completion until 2019, the Mount Alexander Municipal Fire Management Planning Committee (MFMPC) has undertaken a less comprehensive review of the Municipal Fire Management Plan 2012 – 2015 and developed an interim plan.

The Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) includes updated information relating to:

• Demographics. • Bushfire history (including of historical data not previously documented). • Weather information (including impacts of climate change). • Regional objectives alignment. • Mapping and electronic links.

The interim plan also provides updated risk intelligence received over the last 12 months and captures practices that have been introduced since the development of the 2012 – 2015 plan.

In May 2018, the MFMPC endorsed the Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) and in August 2018 the interim plan was endorsed by the Northern Victorian Integrated Municipal Emergency Management Planning Committee (IMEMPC). This is a requirement before the interim plan is adopted by Council.

Northern Victorian Cluster - Municipal Heatwave Sub Plan

In 2016, Council endorsed the Mount Alexander Shire Municipal Heatwave Plan 2016/17.

In 2017, the Mount Alexander Municipal Emergency Management Planning Committee transitioned to the IMEMPC which resulted in the development of the Northern Victorian Integrated Municipal Emergency Management Plan.

The Northern Victorian Integrated Municipal Emergency Management Plan is one plan with separate appendices for each of the five Northern Victorian member municipalities: Mount Alexander Shire, City of Greater Bendigo, Campaspe Shire, Loddon Shire and Central Goldfields Shire. The inclusion of a separate appendix specific to each municipality enables the legislative requirement for the provision of an individual Municipal Emergency Management Plan to be met.

The IMEMPC however has developed the Northern Victorian Cluster - Municipal Heatwave Sub Plan as an integrated plan to be shared by the five municipalities. This approach has been used to acknowledge the limitations of developing and implementing individual heatwave preventative treatments within each municipality and reduce duplication.

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The format of the sub plan was based on the Mount Alexander Shire Municipal Heatwave Plan 2016/17. As a result, the Northern Victorian Integrated Municipal Emergency Management Plan provides no additional requirements to the arrangements currently in place in Mount Alexander Shire. It does however include updated statistics on demographics.

In February 2018, the IMEMPC endorsed the Northern Victorian Cluster - Municipal Heatwave Sub Plan. This is a requirement before the sub plan is adopted by Council.

Refer to:

Separate Attachment PEO 13A: Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) – PUBLIC VERSION, Mount Alexander Municipal Fire Management Planning Committee, August 2018.

Separate Attachment PEO 13B: Northern Victorian Cluster - Municipal Heatwave Sub

Plan, Northern Victorian Integrated Municipal Emergency Management Planning Committee, November 2018.

Policy and Statutory Implications

The Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) and Northern Victorian Cluster - Municipal Heatwave Sub Plan aligns with the following policies and statutory requirements:

Council Plan 2017 - 2021

A welcoming place for all:

Building community resilience by working together with the community and key stakeholders to prevent, prepare, respond and recover from emergencies and manage risk.

Country Fire Authority Act 1958

Section 55A - Municipal fire prevention plans 1) A municipal council must prepare and maintain a municipal fire prevention plan for its

municipal district in accordance with the advice and recommendations of the municipal fire prevention committee.

2) A municipal fire prevention plan must contain provisions in accordance with the regulations -

a) identifying areas, buildings and land use in the municipal district which are at particular risk in case of fire; and

b) specifying how each identified risk is to be treated; and c) specifying who is to be responsible for treating those risks.

Emergency Management Act 1986 - Emergency Management Manual of Victoria

The Emergency Management Manual of Victoria (EMMV) guidelines are issued to municipal emergency management planning committees by the Minister for Emergency Services. They are published to facilitate the introduction of integrated fire management planning at municipal level, using the provisions of the Emergency Management Act

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1986, which provides that a municipal emergency planning committee must give effect to any direction or guideline issued by the Minister. (S 21(5)).

Part 6A – Section 4: Plan Endorsement and Adoption The MEMPC/MFMPC shall seek endorsement, by signature, of the draft plan from committee and, where appropriate, non-committee members with responsibilities and accountabilities under the plan. Once endorsed by the Municipal Emergency Management Planning Committee, the plan will be sent to the Regional Strategic Fire Management Planning Committee for comment, prior to the recommendation to council for consideration. For councils wholly or partly within the Country Area of Victoria, the Municipal Fire Management Plan as adopted by council will be deemed to meet the requirement for a municipal fire prevention plan under S55A(1) of the Country Fire Authority Act, provided that it contains the provisions as set out in S55A(2). As the Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19) is an interim plan, the Executive Officer of the Regional Strategic Fire Management Planning Committee (REMPC) advised there was no requirement for it to be sent to the REMPC for comment on this occasion.

Issues

Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19)

Since 2015, the Chair of the State Fire Management Planning Committee has requested that Regional and Municipal Fire Management Planning Committees delay any comprehensive reviews of existing Municipal Fire Management Sub Plan but ensure that they were kept current.

This request was due to the pending release of the Fire Planning Guidelines and the development of the Victorian Fire Management Strategy.

Both documents aim to address the emerging challenges for the State such as increased population densities, urban sprawl, climate change, increased cultural diversity and an ageing population. These challenges require a rethink to the approach to fire management that is holistically before, during and after fires.

The Victorian Fire Management Strategy is due for completion in 2019. Once completed, the MFMPC will commence a comprehensive review of the Mount Alexander Municipal Fire Management Sub Plan.

Under Section 55B of the Country Fire Authority Act 1958, the Municipal Fire Management Plans of councils within the Country Area of Victoria are required to be audited by the CFA. The Mount Alexander Municipal Fire Management Sub Plan was last audited in 2015 and it is unknown when the next audit will occur, however the MFMPC believe the interim plan will pass the CFA audit.

Alternate Options

Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19)

Council may choose not to adopt the Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19). This action may have a negative impact on Council’s reputation within the MFMPC and IMEMPC and would result in the interim plan not meeting the State Fire Management Planning Committee requirement to keep plans current.

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This action may also result in Council failing the CFA audit if undertaken on the existing plan.

Northern Victorian Cluster - Municipal Heatwave Sub Plan

Council may choose not to endorse the Northern Victorian Cluster - Municipal Heatwave Sub Plan. This action may have a negative impact on Council’s reputation within the IMEMPC and potentially cause disruption in the integrated arrangements of the IMEMPC.

Financial and Resource Implications

Support for the Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19 and the Northern Victorian Cluster - Municipal Heatwave Sub Plan will be provided within existing council resources.

Support will also be provided through the State Government - Department of Environment, Land, Water and Planning Municipal Emergency Resourcing Program (MERP) until July 2020. MERP funds enable Council to support the ongoing development and maintenance of emergency management plans and to deliver programs that build both Council and community capacity during emergencies.

Council will continue to work with State Government to secure ongoing resources to support emergency management beyond 2020.

Consultation

Significant consultation has been undertaken in the development of the Mount Alexander Municipal Fire Management Sub Plan (Interim 2018/19 and the Northern Victorian Cluster - Municipal Heatwave Sub Plan. This included meetings and written/verbal correspondence with the following partner organisations:

Mount Alexander Municipal Fire Management Planning Committee

• Country Fire Authority. • VicRoads. • Forest Fire Management Victoria. • Victorian Police. • Mount Alexander Shire Council.

Northern Victorian Integrated Municipal Emergency Management Planning Committee

• Victoria Police (Municipal). • Department of Environment, Land, Water and Planning (Municipal). • Coliban Water (Municipal). • Department of Health and Human Services (Municipal). • Australian Red Cross (Municipal). • Goulburn Murray Water (Municipal). • Loddon Shire Council. • Central Goldfields Shire Council. • Loddon and Middleton Prison. • Country Fire Authority (Municipal and Regional). • State Emergency Service (Regional). • VicRoads (Municipal). • Department of Economic Development, Jobs, Transport and Resources

(Regional).

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• Victorian Council of Churches (Municipal and Regional). • Ambulance Victoria (Municipal). • City of Greater Bendigo Council. • Campaspe Shire Council. • Tarrengower Prison. • Mount Alexander Shire Council.

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10.2. OUR PLACE (PLA)

PLA 17 RESPONSE TO PETITION – REQUEST FOR NEWSTEAD MEMORIAL PARK UPGRADE OF FACILITIES

Responsible Director: Director Infrastructure and Development Responsible Officer: Manager Community Places and Spaces Original Document: DOC/18/44113

Executive Summary

Council received a petition from a Newstead resident on behalf of the community at the Ordinary Meeting of Council 16 October 2018, signed by 378 people, with just over half of those being from the township of Newstead. The petition requests the installation of public toilets and upgrade to the barbeque, seating area and playground at Newstead Memorial Park in Newstead.

Council’s Public Open Space Strategy identifies principles for providing and upgrading open space, as well as prioritising directions for action. Council’s Let’s Play – Investing in Play 2014-2024 strategy guides with principles and hierarchy the prioritisation of play space developments and upgrades.

The Newstead Community Plan 2013 identifies community priorities for, amongst other things, infrastructure improvements. Improvements to Memorial Park are identified in the Newstead Community Plan.

Newstead Memorial Park is a small local park that contains a local-level play space. The play space is not currently recommended as a priority for upgrade. Newstead has a number of open spaces that contain facilities including public toilets, play spaces and barbeque facilities.

Notwithstanding the above, staff propose to discuss the requests included in the petition further with the organiser and to explore opportunities for the community and Council to seek external funding options.

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RECOMMENDATION

That Council:

1. Notes that officers will liaise further with the organiser of the petition to understand and explore the requested improvements in the context of the Public Open Space Strategy, Investing in Play, and the Newstead Community Plan and explore any external funding opportunities that may exist.

2. Write to the first signatory of the petition to inform them of this resolution.

3. Receives an update following liaison with the organisers of the petition.

MOVED COUNCILLOR NIEMAN

That Council defer its response to the petition until the Ordinary Meeting of Council 19 March 2019 and in the interim, liaise with all parties with an interest, namely the petitioners, the Art Hub Committee, the Goods Shed Committee and the Ward Councillor and any other local group and present a fuller response that takes into account the geography, demography and long term future usage of the whole precinct.

SECONDED COUNCILLOR PETRUSMA

CARRIED.

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Context

Council received a petition at the Ordinary Meeting of Council 16 October 2018, requesting ‘Council to fund an upgrade to facilities at the Newstead Memorial Park including a toilet block, BBQ and seating upgrades and signage with community information’. The petition stated that it was submitted on behalf of the community. Newstead Memorial Park is Crown land under the management of Council.

The promotional cover sheet for the petition described the request as to “install public toilets and upgrade BBQ and seating area”, whereas the sheet signed by petitioners had a slightly altered request of an upgrade to the “toilet block, BBQ area and playground”.

The management of Memorial Park, Newstead is guided by a number of strategic documents:

• Public Open Space Strategy. • Let’s Play 2014-2024 - Investing in Play. • The Newstead Community Plan 2013.

The upgraded functionality requested in the petition is met by other community facilities in Newstead. This includes:

• Public toilets at Newstead Gardens (formerly Rotunda Park), and outside the swimming pool.

• Other toilets available during opening hours at the Rural Transaction Centre, the Community Centre, the Newstead Recreation Reserve, a number of shops in the main street, and nearby Memorial Park at both the Railway Station community hub, and the Railway Hotel.

• Barbeque facilities at Newstead Gardens, the Newstead Recreation Reserve, Newstead Park, and outside the Newstead Swimming Pool, as well as at Memorial Park.

• Play spaces at Newstead Park (a district-level play space), and Memorial Park, as well as Newstead Kindergarten and Newstead Primary School.

Council’s Let’s Play 2014-2024 - Investing in Play strategy defines hierarchies of play spaces. These are:

• Local. • District. • Municipal.

Local is the lowest in the hierarchy, catering for smaller numbers of people, with more basic provisions and levels of service. Municipal is the highest and caters for large numbers of people. Memorial park play space is classified as a local level play space.

The complete upgrade of play spaces generally focuses on district level play spaces, as these are used by a broader range of residents and visitors, and cater for a wider range of children. Replacement of local level play spaces occur when the equipment reaches the end of its useful life, and an assessment of the function of that play space justifies its replacement. Smaller improvements like seating and shade are sometimes identified for local level play spaces. Council prioritises play space upgrades to respond to financial pressures across its entire asset base, in order to responsibly manage a constrained budget. External grant funding is utilised wherever possible to augment the play space capital works program.

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Council officers routinely inspect all Council play spaces with an independent specialist conducting an annual inspection. The most recent inspection of Newstead Memorial Park play space found it was in good overall condition.

A letter was received by the petition signatory on 28 May 2018 requesting upgrades to the facility provisions of Newstead Memorial Park. This included upgrades for toilet block, barbeque area, seating, larger rubbish receptacle, dog litter bags and tourist information sign.

Council officers followed up with a phone conversation and letter on 26 July 2018, stating that there were no current provisions for upgrades to Newstead Memorial Park in the 2018/2019 Council budget, with upgrade works currently taking place at the time at the Newstead Rotunda Park which has public toilets, barbeque area with shading and seating. An option to provide feedback through Council’s Streetscape Design Project for Newstead was also recommended at the time with feedback regarding the project open to the community from 30 July to 12 August 2018.

This previous discussion with the petition instigator also revealed a key concern being the facilities available for the war commemoration events that take place each year – in particular, provision of toilets for those attending the event.

Refer to:

Confidential Attachment PLA 17A: Petition - Request for Newstead Memorial Park Upgrade of Facilities, 1 October 2018.

Policy and Statutory Implications

Relevant policies, strategies and plans

Council’s management of play spaces is guided by the Let’s Play 2014-2024 - Investing in Play play space strategy. Investing in Play sets out six principles that guide Council’s investment in managing existing and developing improved or new play spaces. These principles are:

1. Play spaces will cater for a range of different individual and community needs. 2. Play spaces will contribute to the social and/or economic wellbeing of the

community. 3. Universal design principles will underpin the panning and provision of play spaces. 4. Play spaces will be planned in line with defined environmental, community and

financial criteria. 5. Play spaces will be developed and managed in line with defined and responsible

levels of provision and maintenance.

Strong and effective partnerships are needed to achieve the community’s aspirations for play spaces.

Investing in Play also defines a hierarchy of play spaces, and defines for each level of hierarchy what is essentially the levels of service provision, through the type and provision of equipment, and the ancillary support infrastructure (like toilets) that can generally be expected for each category of play space.

Council’s Public Open Space Strategy provides a range of principles and directions for the prioritised upgrade and provision of open space. The principles of the Public Open Space Strategy are:

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• Access and connectivity. • Diversity and choice. • Lifelong involvement. • Hierarchical approach. • Sustainability. • Healthy communities. • Community participation. • Shire character. • Environmental and cultural protection.

The Public Open Space Strategy identifies Newstead as a low growth township, where, in addition to continuing the staged implementation of the Newstead Recreation Reserve planned upgrades, the focus for open space management should be on improving the appeal, functionality, and access to existing open space sites.

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

1. Petitions and Joint Letters

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

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

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

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

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

Issues

Newstead has a generous provision of community facilities and open space, including the recreation reserve, the Newstead Park with the district level play space, the swimming pool, the riverside, Newstead Gardens, the bowling club, and Memorial Park.

Other community facilities owned by Council include the Community Centre, the Rural Transaction Centre, the Men’s Shed (part of), the old courthouse, and the Newstead preschool.

Investing in Play identifies Newstead Memorial Park as a local level play space, with its future function unchanged as a Local level. A Local level play space has fewer amenity provisions and a lower level of service than both District and Municipal level play spaces.

Investing in Play describes that a Local level play space would generally:

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• Focus on play opportunities for younger children. • Attract short stay visits. • Be within 500 metres or a comfortable 5-10 minute walk from most households it

serves. • Are used by smaller numbers of people at any one time, are small in size, and are

generally on stand-alone sites that do not cater for other open spaces needs such as sport or wildlife.

• Are generally on a site that is between 0.25 and 0.5 hectares in size. • Will have play equipment. • Will have seating, natural shade, and natural landscape features suitable for play. • Will have on street car parking.

Newstead Memorial Park meets all of these provisions quite well. The park also hosts a war memorial statue that is visited during times of remembrance including Anzac Day and Remembrance Day. The park currently has a single barbeque hotplate on a brick structure with a picnic bench and seats located next to the barbeque and play space.

Newstead currently has a District level play space at Newstead Park located in the centre of town on Lyons Street, which itself only has limited facility provisions and would take precedence for upgrades.

Officer’s regular inspection and maintenance program for play spaces means this play space has no safety issues, and that the equipment that is there is in good overall condition.

Investing in Play identifies under its fourth principle “Play spaces will be planned in line with defined environmental, community and financial criteria” that .… we will work towards providing play spaces that will be planned and developed in line with the role they play in the play space network.

This is an important principle in relation to the petition’s request to upgrades at Newstead Memorial Park, as it is one of a number of play and open spaces serving Newstead residents, along with:

• Newstead Park, which is a District level play space, • Newstead Rotunda Park, which has recently had a landscape plan undertaken and

contains a barbeque area with shelter and seats and a public toilet block that was recently refurbished.

• Public toilets, barbeque and seating is also located in the town centre on Panmure Street. Toilets also available at the Rural Transaction Centre.

An opportunity exists to further discuss potential upgrades – and their functionality – at Newstead Memorial Park, with key community members. This discussion should also consider ways in which the community as well as Council could source funding to help deliver any endorsed improvements.

Alternate Options

Council could choose to prioritise funding for upgrade works at Newstead Memorial Park, however this is not recommended in the context of strategic guidance on prioritised investment in open space and play spaces across the Shire.

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Financial and Resource Implications

There are no financial implications of the recommendations of this report. If any upgrades are identified in consultation with the community, officers will support community to source funding for the upgrades.

Officer time will be required for additional consultation on this request. Officers will manage this commitment within existing resources and as appropriate against planned priorities.

Consultation

Council officers have written to the first signatory with regards to Council responding to the petition.

Council officers wrote and spoke to the petition organiser prior to the petition being submitted to Council in responding to a request for upgrades at Memorial Park from the petition instigator.

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PLA 18 STREETSCAPE DESIGN PROJECT - FINAL DESIGNS

Responsible Director: Director Corporate and Community Services Responsible Officer: Manager Community Partnerships Original Document: DOC/18/45730

Executive Summary

The purpose of this report is to present to Councillors the results of community consultation and proposed final concept designs for streetscapes in Campbells Creek, Chewton, Guildford, Newstead and Taradale.

The Streetscape Design Project was developed to assist with the implementation of streetscape related priorities in the community plans of the five towns. The project was delivered in partnership with the community planning groups to ensure the designs reflected the priorities of each community.

An extensive consultation process was undertaken to gain community support, input and feedback on the designs. This included small focus group meetings, community workshops, project bulletins, public exhibition periods and meetings with ward councillors.

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RECOMMENDATION

That Council:

1. Adopts the final concept designs for streetscapes in the towns of Campbells Creek, Chewton, Guildford, Newstead and Taradale and notes that the existing Elphinstone Town Centre Improvement Plan will also be included during the implementation phase of this initiative.

2. Notes that further approvals may be necessary as part of the implementation process and that any material changes arising from such approvals will be highlighted to Councillors and resolved in partnership with the relevant community.

3. Notes that a communications plan will be developed to inform and involve Councillors and each community in the implementation phase as funding permits.

MOVED COUNCILLOR NIEMAN

That Council:

1. Adopts the final concept designs for streetscapes in the towns of Campbells Creek, Chewton, Guildford, Newstead and Taradale and notes that the existing Elphinstone Town Centre Improvement Plan will also be included during the implementation phase of this initiative.

2. Notes that further approvals may be necessary as part of the implementation process and that any material changes arising from such approvals will be highlighted to Councillors and resolved in partnership with the relevant community.

3. Notes that a communications plan will be developed to inform and involve Councillors and each community in the implementation phase as funding permits.

4. Amend Separate Attachment PLA 18A, point 5 under Newstead on page 62 to also include “consideration of time limited parking for spaces near the Newstead Milk Bar”.

SECONDED COUNCILLOR PETRUSMA

CARRIED.

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Context

The Streetscape Design Project was identified as a collective priority by representatives from all community planning groups at a forum in November 2016. This resulted in a successful budget bid for the 2017/2018 budget with the allocation of $100,000 to develop streetscape designs in the five towns of Campbells Creek, Chewton, Guildford, Newstead and Taradale.

The project was developed to assist with the implementation of streetscape related priorities in each community plan which were identified as follows:

Campbells Creek Community Plan 2014

• Collaborate with Council to plan and construct more appropriate town entrance signage to better identify and promote Campbells Creek.

• Enhance and maintain the attractive streetscape and ambience of Campbells Creek.

• Identify and prioritise works to improve amenity of roads, footpaths and streetscapes in consultation with council and Vic Roads.

Chewton Community Plan 2014

• Local information boards and interpretive material that are easily accessible. • Improving main road signage to local facilities (e.g. public toilets, township

features). • Putting Chewton on the map - VicRoads regional signage and local road signage. • Lobby Mount Alexander Shire Council to improve pedestrian safety on main road. • Improving accessibility of community through footpaths, bike and ramp

infrastructure.

The Guildford Community Forum Aspirations Plan 2014

• A master plan would examine themed plantings, planting of fruit trees and planting options that might limit bushfire risk.

• Beautification of the village centre in conjunction with traffic management plan (e.g. a planted roundabout).

• The possibility of a roundabout at the crossroad investigated • Speed limit to be reduced in Templeton Street. • A pedestrian crossing.

Newstead Community Plan 2013

• New and more visible town entrance signs (similar to Carisbrook, Maryborough) that are proud and attractive.

• Ensure physical access within the town centre and important locations. • A major renewal of street trees within the town. Provide new plantings for shade

around key community venues; e.g. outside pool, netball courts. • Develop a village square with restful places, chess boards, shady trees and a

grownups socialising area. • Consult with VicRoads to explore ways to reduce impact of heavy traffic through

towns. • Underground powerlines in the main street.

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Taradale Community Action Plan June 2013

• Information about facilities and services at Southern Freeway exit and in Malmsbury.

• More signs explaining Taradale’s history; e.g. at cemetery, Town Walk leaflets. • Move community noticeboard near post office - ‘What’s on this month’. • Improving and protecting local landscapes. • High Street beautification, continue tree planting, link to Mineral Springs once old

CFA shed is demolished. • Consider further improvements to streetscape, formalise car parking in business

area.

Refer to:

Separate Attachment PLA 18A: Community Planning Streetscapes Designs - Final – September 2018.

Attachment PLA 18B: Summary of Public Consultation – Community Planning Streetscape Designs - August 2018.

Attachment PLA 18C: Plan – Elphinstone Town Centre Improvement Plan – FINAL Improvement Plan – Area 1 – March 2015. To be made available prior to Ordinary Meeting of Council, on the advice of Manager Community Partnerships.

Attachment PLA 18D: Report – Community Planning Streetscape Designs – Costings – October 2018.

Policy and Statutory Implications

Relevant policies, strategies and plans

The development of the five streetscape designs contributes to the following Council policies, strategies and plans:

Council Plan 2017-2021:

Socially connected, safe and inclusive communities:

• Support communities to implement their community plans, • Work in partnership with community organisations to develop and implement

community focused projects, • Partner with local community planning groups to implement streetscape priorities,

Annual Plan 2018/2019

• Work with the community planning groups of Newstead, Campbells Creek, Chewton, Guildford, Taradale and Elphinstone to implement selected actions from the streetscape plans.

Issues

The main challenge with the Streetscape Design Project was keeping the designs to the original scope and community plan priorities. The initial discussions and project scope development meetings with each community planning group assisted with aligning the designs with plan priorities; however, the process highlighted the lack of currency and relevance of some of the plans.

The feedback received from the community throughout the consultations process also demonstrated limited community awareness of the community plans and priorities as

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many raised issues that were not stated as a plan priority and therefore were out of the project scope.

Campbells Creek

Submissions for the draft Campbells Creek Streetscapes Design did not present any major contentious issues. Feedback was predominantly focused on the selection of tree species, with some preferring deciduous trees, others native trees and some preferring a mix of both. To ensure this issue is addressed, further discussions will be held with the community when the tree component of the design is implemented.

Three submissions requested a foot and bike path along Fryers Road towards Eleanor Drive and the Campbells Creek Recreation Reserve; however, this is out of scope for the Streetscape Design Project and therefore will be considered in future footpath planning strategies.

Chewton

Submissions for the draft Chewton Streetscapes Design did not present any major contentious issues with support demonstrated for parking improvements to the general store, seating at bus stops and the improvement of footpaths along Main Road.

Further discussions will be held with VicRoads to identify the most appropriate solution to concerns raised about improving pedestrian safety.

In developing the final design, a meeting with the Coliban Ward Councillor was held to discuss the submissions received and how they were to be considered in the final design.

Guildford

Only six submissions were received for the draft Guildford Streetscape Design. This was predominately due to the attendees at the Guildford community workshop reaching a consensus on their preferred design. Guildford also went through a similar process in 1998 with the State Government Pride of Place project and therefore a good understanding of what town improvements were needed and supported by the community were already established.

There will however be further conversations with the community and local business owners to finalise locations for bike racks and planter boxes.

Newstead

Submissions for the draft Newstead Streetscape Design offered differences of opinion about long vehicle parking, bollards, park fencing and traffic management.

Changes to the bollards and park fencing are addressed in the final design however Council officers will continue to discuss potential long vehicle parking and traffic management solutions independent to the streetscape project to not delay the implementation of other elements of the streetscape design.

Drainage and parking improvements to Panmure Street, particularly near the kindergarten, have also been included in the final design based on the community consultation.

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In developing the final design, an onsite meeting with the Loddon River Ward Councillor was held to discuss the submissions received and how they were to be considered in the final design.

The Newstead Men’s Shed has also indicated their interest in working in partnership to improve street furniture as identified in the design.

Taradale

Submissions for the draft Taradale Streetscapes Design were predominantly focused on the types of trees proposed for High Street, with the majority requesting that the existing trees be retained.

This has been addressed by removing the reference to the removal of trees from the final design and indicating that further discussions with the community will be held if any additional trees are to be explored.

In developing the final design, a meeting with the Coliban Ward Councillor was held to discuss the submissions received and how they were to be considered in the final design.

Alternate Options

Council may choose not to endorse the five streetscape designs. This action may have a negative impact on Council’s reputation within the community. Council could also make amendments to the proposed plans.

Financial and Resource Implications

In its 2017/2018 budget, Council allocated $100,000 for the development of streetscape designs for the towns of Campbells Creek, Chewton, Guildford, Newstead and Taradale.

To assist with the designs, Michael Smith and Associates were appointed as project consultants following a Request for Quote process. The consultant’s fees were $48,062.

The ability to allocate less than 50% of the total budget to consultants was made possible through the contribution of Council officers to the project. Initial consultations, co-facilitation of community workshops, development of surveys and bulletins and overall project management were all undertaken by Council officers within existing Council resources.

Community planning groups also worked in partnership with Council officers to assist with the promotion and distribution of the draft designs throughout their communities. An allocation of $200 was provided to each group as a gesture of goodwill and to cover any costs that the groups may have incurred.

In its 2018/2019 budget, Council allocated a further $100,000 for the implementation of the five streetscape designs. The budget is to also consider works that could be implemented from the Elphinstone Town Centre Improvement Plan that was developed by the Elphinstone Progress Association in 2015 with funding from Foundation for Rural and Regional Renewal (FRRR). The Town Centre Improvement Plan was identified as a priority in the Elphinstone Community Plan 2014.

The implementation of the streetscape design project includes small scale design elements that can be delivered by the community such as tree plantings, public art or street furniture. It will also include large scale projects such as detailed engineer design work required for kerb and channel.

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If the plans are approved, small scale works can commence and will be delivered in partnership with each community where possible.

Costs for the implementation of the five streetscape designs has been estimated at $930,500 by the consultants. This does not include the costs for the implementation of the Elphinstone Town Centre Improvement Plan.

There is approximately $150,000 currently remaining in the allocated budget for the implementation of the streetscape designs (including Elphinstone); therefore, it is intended that external funding will be sought via State and Federal Government grant programs. Further funding would also be requested through future Council Annual Budget processes.

Consultation

The Streetscape Design Project has been developed to assist with the implementation of streetscape related priorities in the community plans of Campbells Creek, Chewton, Guildford, Newstead and Taradale. The development of the community plan priorities involved an extensive community consultation process undertaken between 2012 and 2014.

In October 2016, the Streetscape Design Project was identified as a collective priority by representatives from all community planning groups at a Council facilitated forum.

In November 2016, further discussions were held with each community planning group which led to the development of a bid for the 2017/2018 Council budget for a five town streetscape design project.

In September 2017, Council officers commenced a number of initial discussions and meetings with community planning groups. These discussions provided an opportunity to identify the area of scope for each design and to confirm the group’s capacity to support the design process. They also provided an insight into the different approaches needed to acknowledge the various dynamics and character of each town.

The partnerships developed with the community planning groups through the streetscape design project also enabled the engagement and promotion process to be tailored to each community. For example, Chewton preferred to have a survey developed rather than a community meeting, Taradale requested flyers to be created for a post office box drop and Guildford preferred posters to be printed and displayed around the town.

Below is a summary of the consultation undertaken for each town:

Campbells Creek

Oct 2017 Initial discussions with Campbells Creek Community Inc. Nov 2017 Project scope development with Campbells Creek Community Inc. Mar 2018 Project Bulletin #1. Jun 2018 Community workshop – 7 attendees (co-facilitated by consultants). Public Exhibition of Draft Streetscape Design – 6 submissions. Jul 2018 Project Bulletin #2. Aug 2018 Public Exhibition of Revise Draft Streetscape Design – 17 submissions.

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Chewton

Nov 2017 Initial discussions with the Chewton Domain Society. Discussions with individual Chewton Domain Society members. Dec 2017 Chewton Streetscape Design Survey. Jun 2018 Community workshop – 13 attendees (co-facilitated by consultants). Public Exhibition of Draft Streetscape Design – 7 submissions. Jul 2018 Project Bulletin #1. Aug 2018 Public Exhibition of Revise Draft Streetscape Design – 12 submissions. Sept 2018 Meeting with Coliban Ward Councillor.

Guildford

Sept 2017 Initial discussions with the Guildford Progress Association. Oct 2017 Discussions with individual Guildford Progress Association members. Dec 2017 Project scope development with the Guildford Progress Association. Mar 2018 Project Bulletin #1. Jun 2018 Community workshop – 17 attendees (co-facilitated by consultants). Public Exhibition of Draft Streetscape Design – 3 submissions. Jul 2018 Project Bulletin #2. Aug 2018 Public Exhibition of Revise Draft Streetscape Design – 6 submissions.

Newstead

Apr 2018 Project scope development with Newstead 2021. Onsite meeting with consultants and Newstead 2021 members. Jun 2018 Community workshop – 15 attendees (co-facilitated by consultants). Public Exhibition of Draft Streetscape Design – 5 submissions. Jul 2018 Project Bulletin #1. Aug 2018 Public Exhibition of Revised Draft Streetscape Design – 35 submissions. Sept 2018 Onsite meeting with Loddon River Ward Councillor.

Taradale

Nov 2017 Initial discussions with Taradale Community Forum. Feb 2018 Project scope development with Taradale Community Forum. Mar 2018 Project Bulletin #1. Jun 2018 Community workshop – 30 attendees (co-facilitated by consultants). Public Exhibition of Draft Streetscape Design – 3 submissions. Jul 2018 Project Bulletin #2. Aug 2018 Public Exhibition of Revise Draft Streetscape Design – 31 submissions. Sept 2018 Meeting with Coliban Ward Councillor.

Throughout the consultation process, community members were invited to submit feedback via phone, email, online survey or post. The opportunities to provide input were promoted through local printed media, community planning groups, community newsletters, letterbox drops, poster displays at key locations (including Castlemaine Library), local radio and television as well as Council’s website and Facebook page.

Community members who had submitted feedback throughout the project were also contacted when revised designs were available and invited to provide additional feedback.

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Meetings with the Coliban Ward Councillor and the Loddon River Ward Councillor were held after the public exhibition of the revised draft streetscape designs to discuss the submissions received for Chewton, Newstead and Taradale and identify ways to address the concerns raised. These have been incorporated into the final streetscape designs.

To assist with project management, an internal Project Control Group was created consisting of officers from the Community Partnerships Team and the Community Places and Spaces Team. Regular discussions with VicRoads and Parks Victoria were also held with both the consultants and Council officers.

Following Council’s approval of the streetscape concept designs, conversations will continue to be held with the community planning groups and the broader community, as each element of the designs is implemented, through meetings and bulletins.

The implementation of the streetscape designs will be overseen by an internal Streetscapes Working Group consisting of officers from Infrastructure, Community Partnerships and Community Places and Spaces teams. The final streetscape designs will also be placed on display in common areas for Council officers to view and consider in their relevant work areas.

An internal Community Engagement Summary Report will also be developed to capture the consultation process undertaken for the streetscape design project. The aim of the report is to share the learnings and experience with other teams to assist with future project designs and development.

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10.3. OUR ECONOMY (ECO)

ECO 50 PLANNING PERMIT APPLICATION 124/2018 – TWO LOT SUBDIVISION, USE AND DEVELOPMENT OF A DWELLING AND ALTERATION OF ACCESS TO A ROAD IN A ROAD ZONE CATEGORY 1 AT 2342 CALDER HIGHWAY, ELPHINSTONE

Responsible Director: Director Infrastructure and Development Responsible Officer: Manager Development Services Original Document: DOC/18/33385

Executive Summary

Council has received an application to subdivide the subject site into two lots, the use and development of a dwelling and alteration of access to a road in a Road Zone Category 1. The site is located in the Farming Zone and is covered by the Environmental Significance Overlay Schedule 1 (ESO1).

The application was presented to the Ordinary Meeting of Council on 18 September 2018 for a decision. At that meeting the following motion was passed:

That consideration of Planning Permit Application 124/2018 – two lot subdivision, use and development of a dwelling and alteration of access to a road in a Road Zone Category 1 at 2342 Calder Highway, Elphinstone be deferred to a future Ordinary Meeting of Council at the request of the applicant.

Council deferred a decision on this application to provide the applicant with additional time to liaise directly with Goulburn-Murray Water about its objection to the proposal. Since then, the applicant submitted a more detailed land capability assessment to Council, which was then referred to Goulburn Murray Water (GMW). GMW responded to Council that it now has no objection to the application and provides conditional consent.

That notwithstanding, the recommendation of the Statutory Planning Unit is that the application fails to meet the objectives of the Planning Policy Framework and Farming Zone, and should be refused. The purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture. The subdivision requirements in the Farming Zone requires each lot to be at least 40 hectares. This proposal, as submitted, does not achieve the desired outcomes for the protection and enhancement of agricultural land.

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RECOMMENDATION

That Council issue a Notice of Decision to Refuse a Planning Permit for the two lot subdivision, use and development of a dwelling and creation of access to a road in a Road Zone Category 1 at 2342 Calder Highway, Elphinstone on the following grounds:

1. The use and development of a dwelling at 2342 Calder Highway, Elphinstone is contrary to the purpose and decision guidelines of the Farming Zone as it would not support and enhance agricultural production.

2. The proposed use and development of a dwelling at 2342 Calder Highway, Elphinstone is contrary to the Planning Policy Framework, specifically Clause 14.01-1s – Protection of agricultural land, Clause 16.01-5s – Rural residential development, Clause 21.03-2 Urban consolidation, Clause 21.06-1 Protection of agricultural land and Clause 22.04 Use and development of land in the Farming Zone and Rural Living Zone.

3. The subdivision of 2342 Calder Highway, Elphinstone is contrary to the purpose and decision guidelines of the Farming Zone.

4. The proposed subdivision of 2342 Calder Highway, Elphinstone is contrary to the Planning Policy Framework, more specifically Clause 14.01-1s – Protection of agricultural land, Clause 16.01-5s – Rural residential development, Clause 21.03-2 Urban consolidation, Clause 21.06-1 Protection of agricultural land and Clause 22.04 – Use and development of land in the Farming Zone and Rural Living Zone.

MOVED COUNCILLOR CORDY

That the recommendation be adopted.

SECONDED COUNCILLOR LESSER

CARRIED.

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Context

The purpose of this report is to enable Council to make a determination on permit application PA124/2018 for the two lot subdivision, the use and development of a dwelling at 2342 Calder Highway, Elphinstone and creation of access to a road in a Road Zone Category 1.

The application has been referred to Council for determination because Planning Officers are recommending refusal.

Refer to: Attachment ECO 50A: PA124/2018 Subdivision and site layout. Attachment ECO 50B: PA124/2018 Dwelling Plans.

The proposal seeks approval for a two lot subdivision, the use and development of a dwelling and creation of access to a road in a Road Zone Category 1.

The proposed dwelling is located on the site in the south east corner of the site with a proposed effluent field located north east of the proposed dwelling.

This is an irregular shaped site with a frontage to the Calder Highway of 144.15 metres and has a total area of 3.65 hectares. The land is developed with a dwelling, outbuildings and three dams. There is existing vegetation around the existing dwelling.

The application proposes to subdivide the land into two parcels: Lot 1 is proposed to contain the existing dwelling and be approximately 1.62 hectares, and Lot 2 will be approximately 2.02 hectares and contain the proposed new dwelling.

The new dwelling would have four bedrooms, two bathrooms, a separate powder room, a lounge room, games room, rumpus, kitchen/dining/family room area and a covered alfresco area. The dwelling is proposed to be located 21 metres from the Calder Highway frontage and 14.5 metres from the proposed north boundary between the lots.

The surrounding area comprises a mixture of lot sizes and has been fragmented by the construction of the new Calder Freeway located north of the subject site. There are dwellings scattered on adjoining lots and both grazing and cropping occurring in this area.

Policy and Statutory Implications

Planning Policy Framework (PPF)

Clause 11.05-3 Rural Productivity

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

Clause 11.01-1S Settlement

The objective of this Clause is to promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements. One strategy to achieve the objective is to limit urban sprawl and direct growth into existing settlements.

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Clause 11.01-1R Settlement - Loddon Mallee South

One strategy to achieve the regional objective is to maintain non-urban breaks between settlements.

Clause 14.01-1S Protection of Agricultural Land

The objective of this Clause is to protect productive farmland and the following strategies are relevant

Prevent inappropriately dispersed urban activities in rural areas and limit new housing development in rural areas by directing housing growth into existing settlements, discouraging development of isolated small lots in the rural zones from use for dwellings or other incompatible uses.

Clause 14.02-1 Catchment Planning and Management

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

Clause 14.02 -2 Water Quality

The objective of this Clause is to protect water quality.

Clause 16.01-5S Rural Residential Development

Planning should manage development in rural areas to protect agriculture and avoid inappropriate rural residential development. One strategy is to encourage the consolidation of new housing in existing settlements where investment in physical and community infrastructure and services has already been made.

Clause 19.03-3S Water Supply, Sewerage and Drainage

The protection of water supply from uses that may cause possible contamination must be considered in permit applications.

Appropriate on-site waste disposal methods in areas not connected to a reticulated sewerage system must be provided to all lots created through subdivision.

Clause 21.02 Vision and framework plan

The land use planning and development vision for the Shire is:

The Mount Alexander Shire’s townships and rural environs engender an identifiable character which reflects the areas unique heritage, its beautiful landscapes and the quality of life.

The Shire Council will seek to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable so as to secure an improved economic future, enhance the lifestyle quality of the community and maintain the unique heritage character.

Clause 21.03-2 Urban consolidation

The objective of this clause is to encourage the consolidation of the Shire’s existing urban areas.

Clause 21.04-1 Biodiversity

This Clause outlines the current state of the Shire’s biodiversity, much of this focusing on native vegetation. Some of the key threats to biodiversity in the Shire are identified as being related to clearing of vegetation for agriculture, urban and other uses.

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Clause 21.04-3 Rural and landscape character

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

Clause 21.06-1 Protection of agricultural land

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

Strategies to implement the objectives of this Clause include:

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

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

• Discourage the development of dwellings in areas of moderate agricultural land quality unless they are directly linked to and will benefit an agricultural use.

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

Clause 21.06-3 Water

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

Clause 21.11 Infrastructure

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

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

This policy applies to the use, development and subdivision of all land in the Farming Zone and Rural Living Zone. The policy basis for this clause builds on other Municipal Strategic Statement objectives of:

• Clause 21.03 to provide for rural living development in identified areas. • Clause 21.03 to ensure that rural living development is economically sustainable. • Clause 21.06 to protect the land resources relied upon by agriculture.

The policy basis acknowledges that the fragmentation of productive agricultural land is to be avoided to ensure the productive capacity of the land is maintained. Objectives include that use and development of land for a dwelling is required to support the rural use of land, ensuring that dwellings do not adversely impact on agricultural activities on adjacent site and that a proposed dwelling will not result in the loss or fragmentation of productive agricultural land. The subdivision would not achieve the excision provisions in this policy as the remaining land is not being consolidated with an existing farm, is only 2

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hectare in size and is seeking a further dwelling on this newly created lot which is contrary to this provision.

Clause 22.22 Excisions, construction of housing and re-subdivision of land in the farming and rural living zones

The objective of this clause is to ensure that lots smaller than that specified in the Schedule to the Farming Zone are consistent with the purposes of the zone.

It is policy to discourage new house developments on existing small lots in all rural areas except if (and in addition to all other considerations):

• The lot has been created since the introduction of planning controls. • The development is completed by 1 October 2003. • The development will not inhibit the rights of existing farms to continue their

operations.

Zoning

Clause 35.07 Farming Zone (FZ)

A permit is required for use and development of a dwelling on a lot less than 40 hectares in the Farming Zone (Clause 35.07-1). The application does not satisfactorily respond to the decision guidelines of the Zone.

A permit is required to subdivide land (Clause 35.07-3). The minimum lot size in the Farming Zone is 40 hectares. A permit for smaller lots can also be granted if the subdivision is to create a lot for an existing dwelling. The applicant is relying on this provision to justify the subdivision, however the proposal does not meet the excisions provisions as outlined under Clause 22.04 which seeks to protect the vacant land for farming or to consolidate with abutting farmland, not to develop and use a dwelling. Therefore the proposed subdivision does not comply and is contrary to the intent of the subdivisions provisions.

The purpose of the Farming Zone is:

• To provide for the use of land for agriculture. • To encourage the retention of productive agricultural land. • To ensure dwellings do not adversely affect the use of land for agriculture. • To encourage use and development of land based on comprehensive and

sustainable land management practices and infrastructure provision.

Overlays

Clause 42.01 Environmental Significance Overlay

The purpose of this Overlay includes to identify areas where the development of land may be affected by environmental constraints, and to ensure that development is compatible with identified environmental values. A waterway/drainage lines traverses the site with dams located on this water feature. In terms of wastewater disposal, the proposed new Lot 1 is highly constrained by these features.

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Particular provisions

Clause 52.01 Public Open Space Contribution and Subdivision

A Public Open Space Contribution is not required as the land is located within the Farming Zone.

Clause 65 Decision Guidelines

Because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause.

Issues

Farming Zone

A permit is required to subdivide land (Clause 35.07-3). The minimum lot size in the Farming Zone is 40 hectares. A permit for smaller lots can also be granted if the subdivision is to create a lot for an existing dwelling. The applicant is relying on this provision however the provision is generally assumed to leave the vacant land for farming or to consolidate with abutting farmland. The proposed subdivision does not comply and is therefore contrary to the subdivision provisions.

The Planning Policy Framework of the Planning Scheme specifically discourages fragmentation of rural land titles, and encourages consolidation of lots in order to protect productive agricultural land as an economic resource.

In this instance, the proposed use and development of a dwelling and two lot subdivision is inconsistent with the guidelines of the Farming Zone and not supported by the Planning Scheme.

The purpose of the Farming Zone is to ensure that non-agricultural uses do not adversely affect the use of the land for agriculture. A dwelling is exclusively a non-agricultural use. Allowing a dwelling on this site will adversely affect the land for agriculture and also surrounding agricultural capacity.

The proliferation of dwellings in a Farming Zone limits the availability of productive land and the opportunities for expansion of adjoining and nearby agricultural uses. Furthermore, dwellings can potentially contribute to increased land values, give rise to land use conflicts and remove land from agricultural / farming activity. This can impact negatively on agricultural production.

The proposed use and development of a dwelling would not enhance and support agricultural production on the subject site. Further, the submitted planning report provides insufficient justification to demonstrate how the proposed use and development will enhance agricultural productivity on the land. The existing site already contains a single dwelling allowing the owners to maintain the land and there is not strategic justification of allowing a second dwelling on this site.

Planning Policy Framework (PPF) and Local Planning Policy Framework (LPPF)

The PPF and LPPF place a strong emphasis on the protection of productive agricultural land from unplanned loss of such land and from fragmentation through the subdivision of existing rural land.

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There is a clear theme throughout State and Local policies particularly clauses 11.01-1S, 11.01-1R, 14.01-1S, 16.01-5S, 21.03-2, 21.06-1, 22.04, 22.22, to focus rural living into areas zoned for that purpose and to discourage the use of existing old Crown allotments in the Farming Zone for rural living purposes.

Within the Shire, the only areas specifically designated for rural living are around Castlemaine. It is clear that the proposed use and development of a second dwelling and a two lot subdivision is contrary to relevant policy. The proposal should not be supported as it does not satisfy the relevant policies.

Subdivision Access Issues

The application has been referred to VicRoads as the determining authority for subdivisions adjoining a road zone category one and to alter access to a road in a road zone category one. To achieve Safe Intersection Sight Distance to the south-east VicRoads will require removal of native vegetation within the road reserve. The removal of native vegetation will be part of a separate assessment.

Alternative Options

Council could approve the application; however the application does not comply with the Planning Scheme.

Financial and Resource Implications

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

Consultation

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land. A sign was also placed on-site. No objections were received.

Referrals

• The application was referred to VicRoads, GMW, Council’s Environmental Health Unit and Council’s Infrastructure Unit. All referrals have provided conditional consent to the application.

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ECO 51 PLANNING PERMIT AMENDMENT APPLICATION PA275/2015 –AMENDMENT TO REMOVE CONDITIONS 1.1B, 1.1D AND 8, AMEND CONDITION 2.1D, AMEND SITING AND DESIGN OF PROPOSED DWELLING, AND ADDITION OF CREATION OF ACCESS TO A ROAD ZONE CATEGORY 1 ROAD AT 8705 MIDLAND HIGHWAY, BARKERS CREEK

Responsible Director: Director Infrastructure and Development Responsible Officer: Manager Development Services Original Document: DOC/18/28105

Executive Summary

Council has received an application for an amendment to planning permit PA275/2015. The permit allows a dwelling development at 8705 Midland Highway, Barkers Creek.

The land is located within the Rural Living Zone (RLZ) and is covered by the Bushfire Management Overlay (BMO). The Environmental Significance Overlay Schedule 5 (ESO5) covers part of the site but is not applicable to this application.

One objection has been received and not withdrawn. Issues raised primarily relate to the proximity of the dwelling to the neighbouring property to the north.

The application has been assessed against the decision guidelines of the RLZ and BMO.

It is recommended that the application to amend the permit be approved.

RECOMMENDATION

That Council issue a Notice of Decision to Grant an Amended Planning Permit PA275/2015 to remove conditions 1.1B, 1.1D and 8, amend condition 2.1D, amend siting and design of proposed dwelling, and add the creation of access to a Road Zone Category 1 Road, for the development of a dwelling at Lot 1 on TP015763Y at 8705 Midland Highway, Barkers Creek subject to the following amended permit conditions:

1. AMENDED PLANS REQUIRED 1.1. Before the use and development starts, amended plans to the satisfaction of

the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: a) A veranda on the northern, western and southern facades of the

proposed dwelling; b) **DELETED** c) The location of all internal driveways and the proposed vehicle crossing; d) **DELETED** e) The type and location of the effluent disposal system.

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f) The three ancillary outbuildings, located in the southeast corner of the allotment, setback at least 5 metres from the school road front boundary and at least 4 metres from the eastern side boundary.

g) A material and colour schedule of the three outbuildings. All external cladding and trims of the approved outbuildings must be coloured or painted in suitably muted tones (green, brown, grey or otherwise approved colours) to the satisfaction of the responsible authority.

2. LANDSCAPING PLAN 2.1. Before the development starts, a landscape plan to the satisfaction of the

responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: a) A survey (including botanical names) of all existing vegetation to be

retained or removed. b) Details of surface finishes of pathways and driveways. c) A planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

d) Landscaping and planting within the setback required from the northern boundary.

3. COMPLETION OF LANDSCAPING 3.1. Before the use/occupation of the development starts or by such later date as

is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

4. INFRASTRUCTURE 4.1. Drainage

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

4.2. Access road and vehicle crossover The internal driveway access shall be constructed to appropriate engineering standards approved by council

4.3. Access way and vehicle cross over Proposed vehicle crossovers appropriate to the development and existing site conditions are to be constructed/ upgraded to the levels/requirements of council. Council’s minimum standards are: a) 3.5 metre wide; b) 100 millimetres minimum compacted thickness of road base gravel from

edge of pavement to property line; c) With appropriately sized reinforced concrete pipes 4.8 metre long centred

on the crossover matching the capacity of the existing water lines or open drains at the property frontage (minimum 375 millimetre diameter pipe).

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No impeding or redirection of existing surface flows as a result of these works;

d) Low profile culvert end-walls to all culvert ends; Please Note: if the applicant is to obtain access from school road, applicant to contact council Infrastructure Unit to determine a suitable location for the proposed crossover; and Vehicle crossings must be positioned to keep a minimum of 3 metre clearance from the council trees located at the property frontages.

4.4. Sediment pollution control The developer must restrict sediment discharges from any construction sites within the land in accordance with construction techniques for sediment pollution control (EPA 1991)

4.5. Removal or trimming of road reserve trees If the applicant / property owner requires removing or trimming of trees in the road reserve as part of the construction of dwelling or part of future works, all the cost of such removal must be borne by the applicant / property owner. Applicant / property owner must obtain consent and necessary work permits from the Council for such future tree trimmings/ removals prior to commencement of the works.

4.6. Works on road reserve Prior to the commencement of any works on the road reserve the owner/applicant must submit a minor works in a road reserve application and be issued a permit to occupy the road for works.

4.7. A Certificate of Occupancy must only be issued once all the requirements of this permit have been completed to the satisfaction of the relevant authority.

5. ENVIRONMENTAL HEALTH 5.1. The owner/applicant will be required to install an on-site waste water

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

5.2. The applicant shall be required to comply with the recommendations and strategies contained in the land capability assessment prepared by Chris Day of Archaeo – Environments Pty Ltd dated 08/09/2015.

5.3. Prior to any development the applicant shall apply for a permit to install a septic tank in accordance with part IXB of the Environment Protection Act 1970.

6. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY 6.1. The finished floor level of the proposed dwelling must be constructed no

lower than the existing natural surface level at the north side of the dwelling.

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7. GOULBURN MURRAY WATER 7.1. All wastewater from the proposed dwelling must be treated to a standard of

at least 20mg/l bod and 30mg/l suspended solids using a sand filter secondary treatment plant or equivalent. The system must be an EPA approved system, installed, operated and maintained generally in accordance with the land capability assessment prepared by Archeo Environments Pty Ltd dated 8 September 2015 and to the satisfaction of Council’s Environmental Health department.

7.2. No buildings are to be constructed within 30 metres of Barkers Creek. 7.3. The dwelling must not contain any more than two bedrooms or rooms that

can be used as bedrooms. 7.4. All construction activities must follow sediment control principles outlined in

‘construction techniques for sediment pollution control’ (EPA, 1991).

8. **DELETED**

9. VICROADS

9.1. Before the buildings approved by this permit are occupied the following roadworks in the Midland Highway Road Reserve must be completed at no cost to and to the satisfaction of the Roads Corporation: a) Driveway access to the existing unsealed service road area as shown on

site plan R17.152 dated 31/07/17 prepared by Penno Drafting and Design. b) The driveway is to be constructed to the standard deemed satisfactory of

the responsible authority and at no cost to the roads corporation prior to the occupation of the works hereby approved.

c) Direct vehicle access to the Midland Highway is not permitted.

10. CFA CONDITIONS 10.1. Bushfire Management Plan

The Bushfire Management Plan (Attachment 4 (BMP1) in the Bushfire Management Statement prepared by EGBP, dated 17/9/2018) must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.

11. MANDATORY BUSHFIRE MANAGEMENT OVERLAY CONDITION 11.1. The bushfire protection measures forming part of this permit or shown on

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

12. EXPIRY 12.1. This permit will expire if the permitted development is not started within two

years of the date of this permit, or is not completed within four years of that date. The responsible authority may extend these periods if a request is made in writing before the permit expires, or: • Within six months afterwards if the development has not been started.

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• Within twelve months afterwards if the development started lawfully before the permit expired.

• Permit Notes:

Goulburn Murray Water:

Application must be made to Goulburn-Murray Water prior to construction of any dams on the subject land. A licence must be obtained where surface or groundwater supplies are taken and used for commercial irrigation purposes or if a dam is to be constructed on a waterway as defined under the Water Act 1989. For further information, the applicant should contact Goulburn-Murray Water Diversion Operations on 1800 013 357.

VicRoads:

Separate consent for works within the road reserve and the specifications of these works is required under the Road Management Act.

• THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of Amendment: 20 November, 2018

Responsible Authority: Mount Alexander Shire Council

Planning Permit PA275/2015 has been amended to include the approval of three outbuildings ancillary to the dwelling.

THIS PERMIT HAS BEEN EXTENDED AS FOLLOWS:

Date of Amendment: 28 February, 2018

Responsible Authority: Mount Alexander Shire Council

The permit will expire if the development is not commenced by 15 April 2020 and completed by 15 April 2022.

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of Amendment: 20 November, 2018

Responsible Authority: Mount Alexander Shire Council

The permit has been amended to include removal of conditions 1.1B, 1.1D and 8, and changes to condition 2.1D

Amended plans with revised dwelling design and siting considered.

Addition to the permit preamble of the creation of access to a Road Zone Category 1 Road.

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MOVED COUNCILLOR CORDY

That the recommendation be adopted.

SECONDED COUNCILLOR PETRUSMA

CARRIED.

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Context

The purpose of this report is to enable Council to determine an application to amend Planning Permit PA275/2015. The approved permit allows the construction of a dwelling at 8705 Midland Highway, Barkers Creek. The application to amend was lodged on 20 March 2018 and seeks to vary the specific siting and design of the dwelling, with associated changes to permit conditions.

The application was referred and notice was given. It is before Council for a decision because there is one objection to the application.

Refer to:

Attachment ECO 51A: PA275/2015 - Final plans submitted with application. Attachment ECO 51B: PA275/2015 - Context and site aerial. Attachment ECO 51C: PA275/2015 – Topographic Mapping of subject site.

The land is located within the Rural Living Zone and is partly covered by the Bushfire Management Overlay (BMO) and the Environmental Significance Overlay Schedule 5 (ESO5). Planning approval was required for the original dwelling application under the RLZ and the BMO; the same permit requirements apply to consideration of this application to amend.

The application to amend also creates two new permit requirements:

• Approval is required to reduce the dwelling setback to 6 metres from the northern property boundary.

• Approval is required to create a new access to a Category 1 Road Zone.

The dwelling approved by Council has brick cladding, level foundations, and a hipped pitched roof with concrete tile roofing. Under the application to amend, the dwelling will have a mixture of Colourbond and timber-look wall cladding, be located on a mixture of compacted fill and elevated posts, and have a Colourbond skillion roofing. The revised dwelling is slightly larger but essentially the same floor plan as the dwelling already approved by Council.

Policy and Statutory Implications

The following State and Local Planning Policies are applicable to this application:

State Planning Policy Framework (SPPF)

Clause 12.03 Water bodies and wetlands

The objective of this clause is:

‘To protect and enhance river corridors, waterways, lakes and wetlands.’

With strategies relating to requiring suitable siting and design, maintaining the environmental and landscape values of waterways, and avoiding erosion impacts.

Clause 12.05-2 Landscapes

Planning should assist in the protection of landscapes and significant open spaces that contribute to character, identity and sustainable environments.

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Clause 14.02 -1 Catchment Planning and Management

The objective of this clause is:

‘To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.’

Clause 14.02 -2 Water Quality

The objective of this clause is: ‘To protect water quality.’

Clause 15.01 Built Environment

This policy has strategies including requiring development to respond to its context in terms of character, natural features, surrounding landscape and climate, and ensuring that development minimises detrimental impacts on amenity, on the natural and built environment, and on the safety and efficiency of roads.

Clause 19.03-4 Water Supply, Sewerage and Drainage

The protection of water supply from uses that may cause possible contamination must be considered in permit applications.

Local Planning Policy Framework (LPPF)

Clause 21.02 Vision and framework plan

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

Clause 21.03-3 Rural Living

This policy recognises that rural living has been a part of the local landscape for many years, but outlines that agriculture should be the main use of rural areas in the Shire in line with the Rural Land Study (2014). It also notes that rural living development should be constrained to the limited existing supply of rural living zone land, such as this site.

It includes the strategy of encouraging rural living development in the Rural Living Zone to the north, west and south of Castlemaine, such as this area, while discouraging such development outside of the Rural Living Zone.

Clause 21.04-3 Rural and landscape character

This policy recognises the rural appearance and character of the Shire is a strong element of its appeal for residents and visitors. It is the combination of many physical elements that contribute to this character. Strategies include to:

• Discourage buildings close to roads in rural areas that will have a negative visual impact from the public domain unless specific measures to minimise those impacts are proposed.

• Require the use of building materials and colours which are in context with the surrounding environment in areas of landscape significance and in rural areas.

Clause 21.07 Built environment and heritage

This policy outlines general characteristics of the Shire’s urban areas and major vehicle routes. Policy aims to provide increased development that responds to unique character of individual areas and delivers positive urban design and sustainability outcomes.

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

This policy primarily acts to protect existing agricultural land and activity in both the Farming Zone and Rural Living Zone from inappropriate fragmentation and development, particularly through subdivision.

Zoning

The land falls within the Rural Living Zone. The purpose of the Rural Living Zone includes:

• To provide for residential use in a rural environment. • To provide for agricultural land uses which do not adversely affect the amenity of

surrounding land uses. • To protect and enhance the natural resources, biodiversity and landscape and

heritage values of the area. • To encourage use and development of land based on comprehensive and

sustainable land management practices and infrastructure provision.

The lot is approximately 0.9 hectares in size and a planning permit is triggered to build a dwelling on a lot of less than 2 hectares in size.

A planning permit is also triggered under the zone to build a dwelling within 15 metres of a property boundary and within 100 metres of a waterway.

Overlays

Bushfire Management Overlay (BMO)

The amendment to buildings and works associated with accommodation (dwelling) trigger a permit requirement under the Bushfire Management Overlay.

A Bushfire Management Statement was endorsed for the original permit application; the CFA has advised that the endorsed Statement can appropriately address bushfire risk in respect of the amended development plan.

Issues

Building Siting

The plans first submitted in 2015 showed a setback of 8.33 metres, but the permit was issued with a requirement for this to be increased to 15 metres. The applicant is now seeking to remove this permit condition and reduce the setback to 6 metres.

Since the original planning permit was considered it has emerged that the existing fence-line did not match the title boundaries, with new fencing subsequently being erected on the correct boundary now about 9 metres further south.

As a result, the proposed 6 metre setback is approximately 15 metres from the old property boundary, in line with the location originally anticipated when the original permit conditions were created. The dwelling would still be setback 27 metres from the existing neighbouring dwelling.

Topographical mapping of this site shows that the area close to the northern property boundary where the dwelling is proposed to be located is the largest area of high ground on the site, and the obvious area for a siting a dwelling when considering flooding risks, while further south is far more flood-prone.

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The topography is a serious site constraint, which prevents siting the proposed dwelling further south and away from the property boundary as would normally be preferred, due to the flooding risks posed by the lower level of land to the South and throughout most of the property. The amended siting has been considered by Goulburn Murray Water (GMW) and the North Central Catchment Management Authority (NCCMA); both have consented to the development in this location.

A concern raised by the objector is the impact of the development on view lines; while it is acknowledge the amended plan will lead to a partial screening of a view, it is not appropriate to prevent the development of a dwelling along the northern area site on the basis of partially obscuring views for the neighbouring property, particularly when flood risks impose such siting constraints, and the neighbouring property still has its own large frontage and view-lines to Barkers Creek.

Permit condition 2 requires a landscaping plan to be provided and implemented, providing some visual screening along the property boundary.

The siting also places the dwelling at a significant setback from the eastern property boundary and nearby Midland Highway. Placing a dwelling as far setback from roads, and especially major roads, is a common and sensible approach for protecting the amenity of the dwelling residents.

Building Design and Visual Impact

The Rural Living Zone includes decision guidelines which consider matters such as the visual amenity and impacts on the character and appearance of the area. In this regard, the building is a modest 2 bedroom design with articulation, is single storey, and utilises conventional materials such as Colourbond and weatherboard-look claddings. The building is not considered to be excessive or particularly unusual, and should form an acceptable form of the rural living landscape of this area.

Water Quality Impacts

The proposal remains a 2 bedroom dwelling with no significant changes in wastewater generation, with the wastewater envelope still located in approximately the same location, all in accordance with the original Land Capability Assessment.

Access

The proposed secondary access point to the Midland Highway can provide useful emergency access to the site in the advent of a flood, and is supported by VicRoads subject to proposed permit conditions. There are no safety or traffic issues with the proposed access.

Outstanding objections to the application

Following advertisement of the application in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, one (1) objection was received. The key concerns raised in this objection are:

Impact of the proposed siting upon view-lines for neighbouring properties

VCAT has established through case law that there is no set right to a view, and the principles outlined in Tashounidis v Flinders SC (1987, AATR. 116) on the reasonable sharing and access to views are commonly accepted as being of relevance in regards to such matters.

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With the above case law in mind, it is unreasonable to insist that a modest single storey fully detached dwelling be refused on the grounds of limited partial blocking of a view-line for a neighbouring property across this site to Barkers Creek, especially in the context of the site constraints due to flooding.

The neighbouring property does have its own frontage and views to Barkers Creek, and it is not reasonable to expect that this property should remain undeveloped, or that the dwelling be built in a location which is likely to be submerged during flooding events.

Impacts upon property values of neighbouring properties

This is not a relevant planning concern, and is not supported by VCAT precedent or planning policy.

Impacts of the reduced setback from Barkers Creek

The proposal has been referred to the relevant water authorities. Consent has been provided on the basis there will be no significant adverse impacts from the building to the Barkers Creek waterway, or flood impacts from Barkers Creek upon the building.

Concerns with building height, building ‘lines’, and other building details

The Rural Living Zone includes decision guidelines which consider matters such as visual amenity and impacts on the character and appearance of the area.

The building is a modest 2 bedroom design with significant articulation, is single storey, and utilises conventional materials such as Colourbond and weatherboard cladding. The section of elevated decking is on the opposite side of the building from the neighbour, preventing any overlooking. The building is not considered to be excessive or particularly unusual, and presents an acceptable built form for the rural living landscape of this area.

Alternative Options

Council could refuse the application, however it is the view of the Statutory Planning Unit that there are no grounds for refusal.

Financial and Resource Implications

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

Consultation

Advertising

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

External Referrals

VicRoads, Goulburn Murray Water, and North Central Catchment Management Authority had no objection, with some requiring permit conditions. VicTrack previously advised that it had no objection to the original proposal as it did not impact the rail network, and have not responded to the amended application at the date of this report.

Internal Referrals

Council’s Engineers and Environmental Health Officers had no objection to the original proposal, and there is no change to wastewater generation and disposal or to the local road access.

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ECO 52 QUARTERLY FINANCIAL MANAGEMENT REPORT TO 30 SEPTEMBER 2018

Responsible Director: Director Corporate and Community Services Responsible Officer: Executive Manager Business Performance

Executive Summary

The purpose of this report is to present the Financial Management Report for the quarter ending 30 September 2018.

RECOMMENDATION

That Council notes the quarterly Financial Management Report for the three month period to 30 September 2018.

MOVED COUNCILLOR HENDERSON

That the recommendation be adopted.

SECONDED COUNCILLOR CORDY

CARRIED.

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Context

Regular review of financial performance and reporting of Council activities provides an overview as to how different programs and projects are being delivered. This reporting assists in monitoring Council’s achievement of objectives in the Strategic Resource Plan and Annual Budget whilst ensuring that Council is financially sustainable in the long term.

The Financial Management Report is presented to Councillors at Briefing Sessions and at an Ordinary Meeting of Council on a quarterly basis.

The Financial Management Report presented includes the following information:

• Income Statement, • Balance Sheet, • Statement of Capital Works in Progress, • Investment Register.

Refer to:

Separate Attachment ECO 52A: Quarterly Financial Management Report to 30 September 2018.

Policy and Statutory Implications

Section 138 of the Local Government Act (1989) requires the Chief Executive Officer to present a statement comparing the budgeted income and expenditure with the actual income and expenditure to the Councillors at least every three months.

The Council Plan 2017-2021 includes a strategic objective of ‘an innovative and sustainable organisation’ and strategy of ‘maintaining financial sustainability to deliver the Council Plan’.

Councillors will promote and ensure responsible financial management by receiving and reviewing quarterly financial reports, using agreed project management processes for large projects and conducting regular internal audits of Council activities.

Issues

The Financial Management Report prepares a snapshot of the year to date financial performance for the 2018/2019 financial year and the current budget includes the adopted carry forwards budgeted for capital projects, special projects and operating items.

Alternate Options

Nil.

Financial and Resource Implications

The Financial Management Report for the period 1 July 2018 to 30 September 2018 presented gives a concise summary of the financial performance of Council for the period.

Consultation

Nil.

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ECO 53 ADOPTION OF DRAFT LOCAL LAW NO.1 – MEETING PROCEDURES 2018

Responsible Director: Chief Executive Officer Responsible Officer: Principal Governance Officer Original Document: DOC/18/31416

Executive Summary

Local Law No.1 – Meeting Procedures (Local Law No. 1) establishes the procedures governing the conduct of Ordinary Meetings of Council and Special Committees of Council. The current Local Law No. 1 commenced operation on 1 December 2008 and “sunsets” or ceases operation on 30 November 2018.

At Councillor briefing sessions on 28 August 2018 and 7 November 2018, Councillors provided feedback on the draft local law and the proposed new Local Law has been amended in consideration of this feedback.

Before Council can make a new local law, it must give a public notice and notice in the Government Gazette of the proposed local law (Section 119 of the Local Government Act). This took place in September, with the review of the local law being advertised in the Midland Express on 4 September 2018 and the Government Gazette on 20 September 2018, with submissions closing on 3 October 2018. Copies of the draft Local Law No. 1 were also made available at the front counter.

One submission was received and the suggestions made were considered in the final draft now being presented to Council.

RECOMMENDATION

That Council adopts Local Law No. 1 – Meeting Procedures 2018.

MOVED COUNCILLOR LESSER

That the recommendation be adopted.

SECONDED COUNCILLOR GARDNER

CARRIED.

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Context

Local Law No 1 2008 Meeting Procedures must be reviewed and updated as it ceases to have effect from 30 November 2018. A review has been completed, including advertising for public comment in accordance with Section 223 of the Local Government Act and various amendments to the existing law are now proposed.

More significant proposed changes include:

• Definitions for the terms ‘broadcast’ and ‘delegate’s report’.

• Providing for the election of a Deputy Mayor (Paragraph 8).

• Noting the provisions of Section 90(ca) of the Local Government Act regarding voting at a meeting that is open to members of the public must not be in secret (Paragraph 9(2)).

• Including a provision that any Councillor may request through the Mayor to respond to a question from the public during Public Question Time (Paragraph 59(10).

• Adds to the provision that the Chief Executive Office may reject a Notice of Motion if it appears to be contrary to the Local Government Act or any other law (Paragraph 61(1)).

Also, the section relating to Recording of Minutes (Paragraph 26) has been amended to provide for the audio, video recording and broadcasting of Council meetings. This amendment is as a result of the recent introduction of the recording of meetings with the longer term goal to live stream, making meetings more accessible to the public.

Refer to:

Separate Attachment ECO 53A: Draft Local Law No. 1 - Meeting Procedures 2018.

Separate Attachment ECO 53B: Written submission by Keith Roberts, September 2018.

Separate Attachment ECO 53C: Draft Local Law Submission provided by Keith Roberts, September 2018.

Policy and Statutory Implications

Relevant policies, strategies and plan

The following documents are relevant and are available to Councillors on Docs on Tap:

• Council Meetings – Quick Guide to Councillors – May 2016.

• Public Question Time – Chairperson’s Guide – May 2016.

The latter two guidelines will need to be revised in light of any agreed changes to the Local Law No. 1.

Statutory powers and implications

Under Section 111 of the Local Government Act (the Act), ‘A Council may make local laws for or with respect to any act, matter or thing in respect of which the Council has a function or power under this or any other Act’.

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Section 119 of the Act also provides that before a Council makes a Local Law, it must:

• Provide a public notice about it.

• Make a copy and any explanatory document available at the Council office.

• Provide for people who may be affected to make a submission.

• Give a notice about the new Local Law in the Government Gazette.

Section 223 of the Local Government Act prescribes that a public notice must specify the date by which submissions are to be submitted, being a date which is not less than 28 days after the date on which the public notice is published. The advertisement in the Midland Express took place on 4 September 2018, 28 clear days before the date for submissions.

There is no statutory timeframe for the gazettal of the proposal to review the local law, other than Council must give notice in the Gazette (see Section 119(2)). Council must also give further notice in the Government Gazette and in a public notice after the Local Law has been made.

Issues

Council must introduce a new Local Law before the existing one lapses as it provides for the orderly and lawful conduct of Council meetings at a level of detail not addressed in the Local Government Act.

Risk Analysis

The primary risk with this proposal is that it is not adopted and therefore introduced before the existing one lapses.

Alternate Options

There are no other options that can be recommended as Local Law No. 1 ceases to have effect from 30 November 2018 and this law is required for the orderly and lawful conduct of Council meetings.

Financial and Resource Implications

Costs relating to this proposal are minimal and are covered in the annual operating budget.

Consultation

Public consultation has been undertaken and finalised on 3 October 2018. One resident made an appointment to meet the nominated contact officer and did not make a submission once the purpose of the Local Law was explained.

Another resident provided a written submission, focusing on secret ballots and the position of Deputy Mayor. His comments and submission are at Separate Attachment ECO 53B.

Two Councillors met with the Chief Executive Officer, Executive Manager Organisational Capability and the Principal Governance Officer on 14 September 2018 and raised a number of issues. The matters raised were contemplated during finalisation of the proposed version now being considered by Council.

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11. DELEGATES REPORTS

Meetings Attended by Chief Executive Officer and Mayor

The Chief Executive Officer tabled meetings attended by the CEO and the Mayor for the period 17 October 2018 to 20 November 2018.

Meeting CEO Mayor

Attended Castlemaine & District Community Health’s Annual General Meeting

Panel Member for the LaTrobe University Planning Undergraduate Students Presentation

Co-Chaired Mount Alexander Shire LGBTIQ+ Roundtable

Attended MAV Annual Conference (Lisa Knight, Acting CEO)

Listening Post at IGA

Attended MAV State Council Meeting (Lisa Knight, Acting CEO)

Opening for Goldfields Quilters Exhibition

Attended Friends of Lolotoe Garden Party

Attended Tiny House Workshop

Attended Young US Parliamentarians Event

Attended Funding Announcement by Maree Edwards MP for Victorian Goldfields Railway (Lisa Knight, Acting CEO)

Attended Applicant/Objector Meeting for Planning Application

Interview with Gold Central Victoria Radio

Attended Infrastructure Victoria Workshop (Lisa Knight, Acting CEO)

Radio Interview on Hear Say at MAIN FM

Attended LGPro CEO Forum Hosted by Mount Alexander Shire (Lisa Knight, Acting CEO)

Attended Loddon Campaspe Councils Mayors and CEOs Meeting (Lisa Knight, Acting CEO)

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Meeting CEO Mayor

Attended the Gurri Wanyarra Wellbeing Centre Official Opening in Kangaroo Flat

Attended the Goldfields Library Corporation Ordinary Board Meeting (Lisa Knight, Acting CEO)

Attended the Mount Alexander Fruit Garden Launch of New Operating Model

Attended the Voices for Indi Discussion on Table Talks for Democracy

Meeting with Regional Director Loddon Mallee, DELWP to discuss matters of interest for Mount Alexander Shire

Meeting with Bendigo TAFE representatives to discuss matters of interest for Mount Alexander Shire (Director Corporate and Community Services also in attendance)

Attended Opening of Botanic Gardens Tea Rooms

Interview with Gold Central Victoria Radio

Attended Funding Announcement by Maree Edwards MP for Maldon Streetscape

Attended DELWP/Local Government Regional Strategic Issues Forum

Meeting with RDV to discuss the Healthy Heart Project

Meeting with Darryl Nettleton regarding the Castlemaine Gift

Onsite meeting with Constituent

Attend Introductory Meeting with Chief Regional Roads Officer, Regional Roads Victoria to discuss matters of interest for Mount Alexander Shire

Interview with Gold Central Victoria Radio

Onsite meeting with Constituent

Attend MAV CEO Forum

Attend Libraries Change Lives Launch

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Meeting CEO Mayor

Attended Applicant/Objector Meeting for Planning Application

Attend Castlemaine Remembrance Day Service

Mayoral Unveiling of the Walter Peeler VC Memorial Plaque

Meeting with Mount Alexander Animal Welfare regarding proposed Pound Contract

Attend Indigenous Roundtable

Interview with Gold Central Victoria Radio

Attend Regional Steering Group Meeting for the Healthy Heart Project

Meeting with RDV to discuss Etty Street Lease

Interview with ABC Central Victoria

Meeting with Lisa Chesters MP to discuss Health Hub Proposal (including CEO, Castlemaine & District Community Health and CEO, Castlemaine Health)

Meeting with Community Member to discuss potential organic/composting service (Cr Stephen Gardner also in attendance)

Attended Plan Harcourt Launch

Attended MAV Rural North Central Regional Meeting

Attended International Survivors of Suicide Loss Day

Attended Site Visit of Wesley Hill Development with Committee Members

Spoke at Rural Australians for Refugees Annual General Meeting

Spoke with Delegation of Students on Climate Change Strike

Interview with Gold Central Victoria Radio

Meeting with Victorian Small Business Commissioner and Small Business Victoria, Director to discuss matters of interest for Mount Alexander Shire

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Councillor Henderson provided the following report on her attendance at the recent Rural Councils Victoria Mayors, Councillors and CEO’s Forum.

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Councillor Lesser spoke in relation the MAV Regional Meeting that he had recently attended.

12. NOTICE OF MOTION

Nil.

13. URGENT SPECIAL BUSINESS

Nil.

14. MEETING CLOSE

Meeting closed at 7.47 pm.