ordinary council meeting wednesday 28 august 2019 at 7 ......2019/08/28 · ordinary council...

Council Meeting Minutes Ordinary Council Meeting Wednesday 28 August 2019 at 7.00pm Gisborne Administration Centre 40 Robertson Street, Gisborne

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO.

1.

Recording and Live Streaming of this Council Meeting 1

2. Present 1

3. Apologies 1

4. Declaration of Conflicts of Interest

2

5. Mayor’s Report

2

6. Petitions

8

7. Adoption of Minutes

8

8. Record of Assemblies of Councillors

8

9. Deputations and Presentations to Council

13

10. Director Planning and Environment Reports PE.1 Application for Planning Permit

PLN/2018/549 – Two lot subdivision – 121 Aitken Street, Gisborne

PE.2 Application for Planning Permit

PLN/2019/13 – Use and development of a dwelling and outbuilding – 130 Russells Road, Woodend North

PE.3 Application for Planning Permit

PLN/2019/229 – Use and development of a telecommunications facility and vegetation removal – Woodend Railway Station, 59C High Street, Woodend

PE.4 Stern Way, New Gisborne PE.5 Proposed changes to flood mapping in

Kyneton – Request to proceed with a Planning Scheme Amendment

PE.6 Council submission to the Victorian

Government Regional Tourism Review Discussion Paper

16

24

29

31

33

34

11. Chief Executive Officer Reports

CX.1 Daylesford Macedon Tourism update

35

12. Director Corporate Services Reports CS.1 Contracts to be awarded as at 28 August

2019 CS.2 Small Project Grants – Consideration of

grant application CS.3 Quarterly Report for the period ended 30

June 2019 CS.4 Performance Statement for period 1 July

2018 to 30 June 2019 CS.5 Financial Statements for the year ended 30

June 2019 CS.6 Proposed land swap and boundary

realignment at Walshes Road, Woodend

36

36

37

38

38

39

13. Director Community Wellbeing Reports

CW.1 Macedon Ranges Shared Trails Feasibility Studies

CW.2 Aged care and disability reform – Impact on

home support services

40

41

14.

Director Assets and Operations AO.1 Review of Nature Strip Landscaping Policy AO.2 Roadside and Footpath Trading Policy AO.3 Kerbside recycling options analysis

43

44

45

15. Notices of Motion No. 1/2019-20 – Councillor Janet Pearce

47

16. Urgent or Other Business

47

17. Confidential Reports

47

Ordinary Council Meeting – Wednesday, 28 August 2019 MINUTES

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1. RECORDING AND LIVE STREAMING OF THIS COUNCIL MEETING

Please note that this meeting was recorded and streamed live on the internet in accordance with Council's ‘Live Streaming and Publishing Recording of Meetings’ Protocol, which can be viewed on Council’s website. The recording was bookmarked, archived and made available on Council's website 48 hours after the meeting. All care was taken to maintain privacy however a visitor’s presence in the public gallery may have been recorded. By remaining in the public gallery, it was assumed that consent was given if images were inadvertently broadcast. Those present at the Council Meeting were reminded that Local Government decision making, unlike State and Federal Government, does not afford the benefit of parliamentary privilege and hence no protection is afforded to Councillors, Council officers and the public for comments made during meetings which are subsequently challenged in a court of law and determined to be slanderous.

2. PRESENT

Cr Henry Bleeck East Ward Cr Natasha Gayfer East Ward Cr Bill West East Ward

Cr Mandi Mees (Deputy Mayor) South Ward Cr Helen Radnedge South Ward Cr Andrew Twaits South Ward

Cr Jennifer Anderson West Ward Cr Roger Jukes West Ward Cr Janet Pearce (Mayor) West Ward In Attendance Ms Margot Stork Chief Executive Officer Mr John Hausler Director Corporate Services Ms Karen Stevens Director Community Wellbeing Ms Angela Hughes Director Planning and Environment Ms Anne-Louise Lindner Acting Director Assets and Operations Ms Lauren Reader Coordinator Governance Ms Sue La Greca Manager Economic Development and Tourism Mr Gary Randhawa Manager Operations Ms Fiona Alexander Manager Community Services Mr Rob Ball Manager Strategic Planning and Environment Mr Tim Nightingale Manager Information Services Mr Tom Bloomfield Coordinator Resource Recovery Mr Andrew McCoy Acting Coordinator Parks Mr Ray Trevorah Waste Management Officer

3. APOLOGIES Nil


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4. DECLARATION OF CONFLICTS OF INTEREST Ms Alexander, Manager Community Services advised she had an indirect

interest in relation to item CW.2, which she had declared to the Chief Executive Officer in writing prior to the meeting.

5. MAYOR’S REPORT

The Mayor highlighted recent happenings and events, noting Council’s Vision is to, “in partnership with the community, protect and enhance life across the Macedon Ranges [which] demonstrates the importance we place on listening to our community, the emphasis on life in its various forms and how we choose to live in the Macedon Ranges.”

1. Promote Health and Wellbeing Youth Awards This annual event was held in Kyneton and recognises the efforts and inspiring achievements of young people across the Macedon Ranges, promoting and encouraging diverse interests, hobbies and skills. The Youth Ambassadors did another terrific job organising the evening of celebration. Congratulations to all winners and most importantly to all those nominated (there were over 70). You should be very proud of what you do, and we at Council most definitely are. Community Funding Scheme Grants and Events and Festival Grant program Celebration Attended by around 80 people, Council awarded over $273,000 to 55 projects and events that are being held across our Shire. The speeches from the recipients described the depth and breadth of these grants: sustainability and environment, health and wellbeing (social, physical and mental), addressing isolation, food, sharing our stories, inclusion, arts and culture, young and older and everything in between and it indicates a thriving events calendar for the local community and visitors. Thank you to all those who applied, for your dedication and care of the community and our Shire. You achieved amazing results. Of course thanks to staff who assist in so many ways providing advice and direction both during this process and throughout the year. Homelessness Week Event Cobaw’s housing team organised an event during Homelessness Week, featuring the theme ‘Housing ends homelessness’. I attended this event, at which food was donated from local businesses and local groups provided singing. Homelessness affects all ages and each year Cobaw and services provide support to approximately 50 young people through case management, support and advocacy. Council works closely with the Community Health Organisations in our Shire.


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Faces and Places Exhibition Council was pleased to support Windarring and l attended the opening of the Faces and Places Exhibition. This features two local artists, Peter and Brendan, who have unique stories to tell. The culmination of this collaboration is a display of works rich in content, concept and expression. Wellbeing in Every Decision: Planning for a Healthy and Liveable Region Conference Today some Councillors and staff either attended or viewed a video link to the Wellbeing in Every Decision: Planning for a Healthy and Liveable Region Conference. This was presented by the Healthy Heart of Victoria and provided information about creating healthy and liveable communities through everyday decisions in regional Victoria. Presenters explored how statutory and strategic planning and health professionals can work collaboratively, and how to apply a wellbeing focus across a wide range of strategies and policies in a regional Victorian context.

2. Protect the natural environment.

Tour of the Kyneton Reclamation Plant Some Councillors attended a two-hour tour and information session with Coliban Water staff, which provided lots of opportunity for discussions including the processes for residential and industry and to ask questions which we appreciated. Depot Open Day Council opened its Woodend Operations Centre and provided information about how Council manages waste and recycling. It was also an opportunity to find out more about some of the new projects Council has planned for the coming year such as the Food Organics and Garden Organics (FOGO) service rolling out in early 2020 to reduce waste to landfill, reduce emissions and align with best practice. The children were also excited to be able to get a close-up look at Council’s waste contractor’s recycling truck.

Information talks and Workshops- Attended by Staff and/ or Councillors-

Newham and District Landcare Group AGM: guest speaker Ian Temby spoke on “How we live with them: bounding, rebounding and invasive vertebrates …the dilemmas we face in living and dealing with them” which presented issues that arise at the human-wildlife interface.

The Introduction to Regenerative Grazing Workshop: this was hosted by the Environment Unit at Sidonia Beef Farm in Sidonia. The session was delivered by regenerative grazing expert Graeme Hand who has many years’ experience managing a profitable cattle farm with few to no inputs such as fertiliser, herbicides or pesticides. Sam White, the property owner, also talked about his journey to regenerative agriculture and the lessons he has learnt along the way. The


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session was booked out and was attended by over 50 land owners with varying levels of farming experience.

Ash Wednesday Park “Walk Shop”: a guided walk was held to discuss elements of the draft Landscape Plan.

Malmsbury Botanical Gardens MasterPlan Community Stakeholder session.

Sustainable Malmsbury progress session: this has been an inspirational project which we hope will form the framework to be replicated throughout other towns in our Shire.

3. Improve the built environment.

Official openings

The Kyneton Showgrounds Lower Pavilion Upgrade: this was a project jointly funded by Council ($300,000) and the State Government ($100,000).

The Gilbert Gordon new change rooms: this $1.3 million project was jointly funded by Council ($1.2 million) and the State Government ($100,000).

The community, sporting clubs, players, Mary- Anne Thomas MP, Councillors and staff came together for these events. Importantly both are now female-friendly which means regardless of your age, gender or ability, players and umpires will have safe and suitable supporting facilities. Council continues to work with all levels of Government and community groups for continued improvements to precincts, supporting growth and encouraging participation. In recent years in excess of $2.6 million has been spent at Gilbert Gordon Oval and $1.6 million at the Kyneton Showgrounds precinct. Customer Service Centre upgrade Visitors to the Gisborne Administration Centre will notice the newly improved customer service area which now provides better access for people with a disability. The works have increased the foyer space and also led to improvements to customer information and display areas. Together with managing in access of 63,000 telephone calls each year, we know the service areas are important, often being the first point of contact to residents.

4. Enhance the social and economic environment.

Balaki Wurrekang Treaty Workshop Councillors welcomed the opportunity to meet with members of the Dja Dja Wurrung Clans Aboriginal Corporation to discuss an outline of the Treaty Engagement Project, the development of the Treaty, the benefits and opportunities and future direction of working together on this process.


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Reconciliation Action Plan Consultation On 4 August I opened the Reconciliation Action Plan consultation with a great session involving Mike and the Indigenous Hip Hop Crew. They sent a strong message about respect, recognising culture, mind and spirit of the land. The plan will help Council build better relationships with Traditional Owners and local Aboriginal and Torres Strait Islander people. It will allow us to learn from them, identify ways to recognise their culture and empower them to participate equally in all areas of life. The Victorian Learn Local (LL) Awards I attended this event in Melbourne together with staff, board members and volunteers from Kyneton Community Learning Centre (KCLC) who were named as one of three finalists in the Pre- Accredited Pathways Programs category for their Skills for Life program. This recognises the capacity of the program to engage learners and create pathways for further education, training or employment. There are 270 Learn Local providers in Victoria so this was a great achievement and congratulations to the team. Regional Tourism Review - Regional Industry Conversation The Victorian State Government, through the Department of Jobs, Precincts and Regions, is undertaking this review. The purpose is to consider alternative models to support, enhance private investment and create more regional jobs. Workshops have been held around the regions. Staff, Councillor Anderson and myself attended one in Bendigo, together with tourism organisations, businesses and operators, staff from other local governments, current tourism board members and the general public.

Recognition and congratulations

Mountain Distilling, awarded a gold medal at the United Kingdom’s (UK’s) International Wine and Spirit Competition, following a judging of almost 3,000 spirit entries.

Newearth Constructions, awarded Victorian Employer of the Year at the Civil Contractors Federation Awards. This Romsey business is one of the town’s biggest employers with over 50 employees including eight apprentices and importantly supports the Victorian Certificate of Applied Learning (VCAL) students from our schools and sponsors community groups.

Visit from teachers from Tokai City

Councillor Bleeck and l were very pleased to welcome this group from our Sister City in Tokai. They had been visiting and learning from staff and students at Braemar College. They spoke highly of their experiences and were impressed by the open communication between staff and students, and students working together. Thank you to Braemar for assisting with this program.


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Community events

We recognise the vital role of the many community groups and volunteers who provide support, safety and security and through fundraising provide financial assistance to many groups in our Shire. As we know, some people volunteer with many different groups. I have been very honoured to have been invited to many of the celebrations which have included:

Kyneton Fire Brigade Annual Dinner and Awards recognising 135 years. They have responded to 184 jobs over the last year and have 85 members.

Carlsruhe Fire Brigade 60th Anniversary and Awards dinner, which coincided with the official turning of the first sod for the new Fire Station.

Malmsbury CFA Annual Dinner and Awards- Leading the way in gender equity and the involvement of young people representing the future of the CFA.

Honours and awards at these events included presentations for the National Medal for diligent service, Life Membership Awards and the National Emergency Medal. Congratulations to all recipients.

Riddells Creek Lions Club Changeover dinner.

The Woodend Hesket Masters Football Club sponsors day lunch at Gilbert Gordon Oval.

First Gisborne Scouts AGM and Awards: it is very impressive to see so many young people stepping up into leadership roles. Special mention to Jayne Guilmartin who is stepping down after 16 years.

Wreath-laying ceremonies

Councillors attended services and laid wreathes at Returned and Services Leagues (RSLs) in the Shire in recognition of:

Victory in the Pacific Day on 15 August. This date commemorates Japan’s acceptance of the Allied demand for unconditional surrender. For Australians it meant that the Second World War was over.

Vietnam Veterans Day Services were held on 18 August in Kyneton and Lancefield.

Community groups

Councillors attended:

Newham Roads and Safety Meeting.

Melbourne Airport Workshop, which was held in Gisborne providing an opportunity for the community to provide feedback to the proposed third runway.


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The Riddells Creek Neighbourhood House AGM.

University of the Third Age (U3A) Gisborne: I attended and provided a presentation and question and answer session with members. This interactive session was very positive and informative.

The Macedon Ranges District Motor Club Annual Country Meeting (of the Association of Motoring Clubs): the Club began 40 years ago in Dromkeen and is now based at New Gisborne. It currently has over 300 members, and shares the current site with other community groups which is important for the sustainability of groups in our Shire.

5. Deliver strong and reliable government.

The Victorian Planning Authority forum: Futures thinking: Shaping Regional Victoria.

Staff and l attended and there were many impressive speakers. The Regional Economic Development and Services Review was discussed, including building more productive cities and regions through transport, infrastructure, land use planning, industry and innovation, connections, education and skills, improving business conditions, tourism and value add in agriculture.

Review of the Local Government Act

This has been a work on progress for many years. Together with Councillors and staff from local government shires, I attended a meeting with the Minister for Local Government, the Hon. Adem Somyurek, as he discussed the proposed reforms with an opportunity for questions and answers. It was a combined event by the Municipal Association of Victoria (MAV), the Victorian Local Government Association (VLGA) and Local Government Professionals (LG Pro).

Advocacy

This is an important role of local government. The CEO and / or myself have met with:

Senator James Paterson to discuss priority projects for our Shire- these include the Macedon Ranges Regional Sports Precinct, Hanging Rock and the Rail Trails.

The Shadow Minister for Local Government, the Hon. Jason Clare MP and federal Member for McEwan, Rob Mitchell MP and separately the federal Member for Bendigo, Lisa Chesters MP to discuss the above-mentioned short, medium and longer term priorities.

The State Member for Macedon, Mary- Anne Thomas MP.

The Managing Director and General Manager Customer, Community Relations and Operations from Western Water.


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Representation

Councillors are members on many committees. Meetings that they have attended include:

The Agribusiness Forum

The Audit Committee

The Health and Wellbeing Committee

The Peri Urban Group of Councils

The Mayor and CEO Loddon Campaspe Regional Meeting

Municipal Emergency Management Planning Committee (MEMPC)

Central Victorian Greenhouse Alliance (CVGA)

Workspace. It was moved by Cr Anderson seconded by Cr Mees that the Mayor’s

Report be received. CARRIED

6. PETITIONS Nil 7. ADOPTION OF MINUTES Ordinary Council Meeting: Wednesday 24 July 2019 Officer Recommendation:

That the minutes of the Ordinary Council Meeting of the Macedon Ranges Shire Council held on Wednesday 24 July 2019 as circulated be confirmed.

It was moved by Cr Anderson seconded by Cr Bleeck that the Officer Recommendation be adopted.

CARRIED 8. RECORD OF ASSEMBLIES OF COUNCILLORS – AUGUST 2019

1. Summary / Purpose The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the minutes of the formal Council Meeting. 2. Policy Context An amendment to the Local Government Act 1989, which came into effect on 24 September 2010 requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the minutes (Refer Local Government and Planning Legislation Amendment Act 2010 – No. 58 of 2010 – Section 17).


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3. Background Information The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors

(5) and a member of Council staff; or 2. Is an Advisory Committee of the Council where one or more Councillors are

present. Note: Advisory Committee means any committee established by the Council, other than a special committee, that provides advice to (a) the Council, or (b) a special committee, or (c) a member of Council staff who has been delegated a power, duty or function of the Council under Section 98. Note: Only matters that are the subject of discussion and consideration at an assembly will be listed. Incidental updates and information on matters will not be recorded. This requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest. 4. Report Outlined below are the details of assemblies of Councillors held since the last meeting.

1. Date / Time Type of Assembly

24 July 2019 3.00pm – 5.30pm

Councillor Briefing

Venue Gisborne Administration Centre

Present – Councillors Crs Anderson, Bleeck, Jukes, Pearce, Radnedge, Twaits, West

Present – Officers Margot Stork, John Hausler, Karen Stevens, Angela Hughes, Anne-Louise Lindner, Lauren Reader, Leanne Manton, Silvana Predebon, Michelle Wyatt, Danielle Findlay, Alison Blacket, Gary Randhawa, Michael Yee, Istvan Marton, Cam Macfarlane, Allie Jalbert, Karen Dunstan, Kerry Wilkinson, Jodie Turner

Presenters Nil

Items discussed Renewable Energy Procurement

DMT and Tourism Review

SKM

Mt Macedon Memorial Cross Reserve Master Plan

Council Agenda Review - 121 Aitken Street, Gisborne - Consideration of Statement of Planning Policy and

Implementation of Guidelines - Loddon Campaspe Regional Economic Growth

Strategy - Hanging Rock Strategic Advisory Committee Review


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- 2019/2020 Community Funding Scheme – Recommended Funding Allocations

- General Purposes and Amenity (Amendment) Local Law 2019

- Roadside and Footpath Trading Policy - Draft 2019 Domestic Wastewater Management Plan - Draft Kyneton Airfield Master Plan 2019 - Local Government Reform – submission

Conflicts of interest declared by Councillors and record of them leaving the meeting when the matter about which they declared the conflict of interest was discussed

No Did they leave the assembly? N/A

Conflicts of interest declared by officers



7 August 2019 10.30am – 7.00pm

Councillor Briefing


Present – Councillors Crs Anderson, Bleeck, Gayfer, Jukes, Mees, Pearce, Radnedge, Twaits, West

Present – Officers Margot Stork, John Hausler, Karen Stevens, Angela Hughes, Anne-Louise Lindner, Lauren Reader, Stephen Hiley, Sue La Greca, Will Rayner, Rob Ball, Leanne Manton, Leanne Khan, Jack Wiltshire, Fiona Alexander, Awais Sadiq, Gary Randhawa, Tom Bloomfield

Presenters Rodney Carter, Jim Brooks, and Dominika Balwin, Dja Dja Wurrrung Clans Aboriginal Corporation (DDWCAC); Gary Patterson, Omecca Pty Ltd; and Brett Diston and Cameron Barber, Ray White Commercial. Paul Ratajczyk and Stacey Bloomfield, Environment Protection Authority (EPA) Stewart Hung and Nicholas Walsh, Four Seasons Waste; and Darren Thorpe, Australian Paper Recovery.

Items discussed Balaki Wurrekang Treaty

Presentation by Omecca Pty Ltd

Presentation on Flood Mapping in Kyneton

EPA Presentation on Coliban Water Discharges

Aged Care Services Reform

Creek Naming Assessment (Howey Creek)

Planning Matters - Proposed Telecommunications Facility at

Woodend Railway Station - 121 Aitken Street, Gisborne

Recycling Briefing

Council Land Transfer

Kyneton Early Learning Centre


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Nil Did they leave the assembly? N/A




14 August 2019 2.00pm – 5.30pm

Councillor Briefing


Present – Councillors Crs Anderson, Bleeck, Gayfer, Jukes, Mees, Pearce, Radnedge, Twaits, West

Present – Officers Margot Stork, John Hausler, Karen Stevens, Angela Hughes, Anne-Louise Lindner, Lauren Reader, Stephen Hiley, Evan Krausgrill, Rob Ball, Tim Nightingale, Leanne Khan, Kate Greenwood, Carina Doolan, Gary Randhawa, Leon Den Dryver, Kerry Wilkinson, Alexia Patterson, Cam McFarlane

Presenters Darren Lee, Sector Advantage; Sam Bishop, Civic Group; and Ben Hawkins, PLC Group. Lucas Maddock, Consultant.

Items discussed Amess Road, Riddells Creek PSP

Gender Equality Workshop Reflection

Reconciliation Action Plan Councillor Consultation

2018-19 End of Year Financial Position and Budget Carry Forwards

Planning Matters - Ellison Street, Woodend

Trails Safety Audit

Youth Mental Health – national intervention




The Acting Director of Assets and Operations, Anne Louise Lindner, declared a conflict of interest due to conflicting duty due to her membership of the Woodend-Hesket Football Netball Club Committee in relation to one matter discussed as part of the 2018-19 End of Year Financial Position and Budget Carry Forwards item. Did they leave the assembly? Yes


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14 August 2019 7.00pm

Health and Wellbeing Advisory Committee


Present – Councillors Crs Anderson, Pearce, Radnedge (Chair)

Present – Officers Margot Stork, Angela Hughes, Sue La Greca, Rob Ball

Presenters Nil

Items discussed Reflection and feedback from the last meeting (8 May 2019)

Planning and Environment Directorate overview






21 August 2019 1.30pm – 5.00pm

Councillor Briefing


Present – Councillors Crs Anderson, Bleeck, Jukes, Mees, Pearce, Radnedge, West

Present – Officers John Hausler, Karen Stevens, Rob Ball, Anne-Louise Lindner, Lauren Reader, Leanne Manton, Isobel Maginn, Leanne Khan, Gary Randhawa, Tom Bloomfield, Raymond Trevorah, Istvan Marton, Kerry Wilkinson, Michelle Wyatt, Silvana Predebon, Awais Sadiq, Jack Wiltshire, John Edwards, Fiona Alexander, Sue La Greca, Will Rayner, Leon Den Dryver, Allie Jalbert, Sian Bloom

Presenters Trent McCamley and Chrissy McCamley; Nigel Sharp, Odonata; and Mike Day, Roberts Day. Lydia Wilson, Maribyrnong IWM Forum; James Newton and Tessa Laing, DELWP; Jenny Dawson, Coliban IWM Forum; Katrina Sharpe and Livia Bonazzi, Western Water. Samantha Green, City of Darebin.

Items discussed Glen Junor Gisborne Futures

Recycling Discussions

Integrated Water Management (IWM) Plans Presentation (DELWP)

Climate Emergency Presentation by Darebin City Council

Council Meeting Agenda Review - Application for Planning Permit PLN 2018/549 – 121

Aitken Street, Gisborne - Application for Planning Permit PLN/2019/13 – 130

Russells Road, Woodend North - Application for Planning Permit PLN/2019/229 –

Telecommunication facility and vegetation removal -


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Woodend Railway Station - Stern Way, New Gisborne - Proposed changes to flood mapping in Kyneton - Council submission to the Victorian Government

Regional Tourism Review Discussion Paper - Contracts to be Awarded as at 28 August 2019 - Quarterly Report for period ended 30 June 2019 - Proposed land swap and boundary realignment at

Walshes Road, Woodend - Aged Care and Disability Reform – impact on home

care services - Roadside and Footpath Trading Policy

Planning matters - PLN/2019/244 Gisborne Amusement Parlour - 39 Willowbank Road - Hardwicks


Cr Radnedge declared a conflict of interest in writing to the CEO prior to the meeting regarding the item PLN/2019/244 Gisborne Amusement Parlour. Did they leave the assembly? Yes



Officer Recommendation:

That Council endorse the record of assemblies of Councillors as outlined in this report.

It was moved by Cr Mees seconded by Cr Twaits that the Officer Recommendation be adopted.

CARRIED

Suspension of Standing Orders 7.19pm It was moved by Cr Anderson and seconded by Cr Bleeck

that standing orders be suspended to consider deputations and presentations to Council and any questions from the gallery.

CARRIED

9. DEPUTATIONS AND PRESENTATIONS TO COUNCIL

Questions from the Public Name: Dale O’Sullivan Question: Date of Stephen Mahon’s ceasing as “Woodend Clock Tower Guardian” for RSL which leads to date and name of any new replacement Woodend Clock Tower Guardian for conduct of related business matters, and historical purposes.


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Response: The CEO advised that the question would be taken on notice and allocated to the most appropriate Council officer for response.

Name: Anonymous Question: [station carpark planning application] Do council officers fact-check planning submissions for proposed telecommunication sites, for instance do council officers survey, evaluate and mark reports on the appropriateness of alternative sites? Response: The CEO advised that the question would be taken on notice.

Name: Anonymous Question: Since the tower forms part of the Regional Rail Connectivity programme, a project which is co-funded with the State Government, is the council able to join with objectors to seek a meeting with Ministers to discuss alternative solutions in the 33.3-metre-high installation? Response: The CEO advised that the question would be taken on notice.

Name: Michael Duffy Question: I’ve lived at 3 Christian St since 1985. The proposed Optus Tower will be in full view through all my living room windows. The tree cover claimed by Optus is very over-exaggerated. Why can’t this tower be in the commercial area on the north side of the railway track in the SES/CFA/Coles or the VicTrack hut area – rather than pushed as close as possible to a park and residential area? Response: The CEO advised that the question would be taken on notice. Name: Michael Duffy Question: Will Council cover the cost of TV antenna replacement / upgrading for residents in the Noonan Grove / Corinella Rd / Christian St area when Optus switch on the LTE transmitter, which will overload the Mt Alexander TV transmission? Response: The CEO advised that the question would be taken on notice.

Name: Mark Simmons Question: 1. According to the Officer’s recommendation ‘3’, use of a generator is only permitted for the construction and maintenance of the proposed tower. Could the council please consider and respond on how it proposes to mitigate risk in case of power failure and loss of signal – e.g. during a bushfire? 2. Is the council cognisant of the gross error in the planning application with respect to vegetation, where Catalyst One has used photographs and visual impressions that pre-date the upgrade of the Woodend Station precinct? Response: The CEO advised that the question would be taken on notice.

Name: Cassandra Simmons Question: 1. Will council be taking account of the views expressed in the petition signed by 275 of Woodend’s residents and supporters expressing concern about the incongruity of the proposed Optus Tower on the residential area and Woodend station gateway precinct? In particular, have Councillors checked out how the tower, on a site of 54sqm at (and with no room for its own


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screening planting) will impact our country town and Mt Macedon view, given the diminished tree coverage resulting from the recent rail car park refurbishment? 2. Are councillors aware of the fact that there are alternative sites with far less impact within one kilometre of the currently proposed site, and more particularly, can council point to any other location within the shire where a 33.3M high telco tower has been situated this close to a Neighbourhood Residential Zone? Response: The CEO advised that the question would be taken on notice.

Name: Michael Brennan Question: [station carpark planning application] As a result of community initiated VCAT appeal and subsequent mediation with NBN Co in July 2019, the plans for Yalonga Rd NBN tower have been revised and they detail a significant benefit to the community. Today, lawyers representing NBN Co wrote to VCAT objectors to the Shannon Court NBN tower, stating that they are open to work with the community to resolve siting and location issues of that tower. However in regard to the Optus tower the community have no right of appeal or mediation at VCAT. So, is Council willing and able to act on our behalf to engage with Optus to explore alternatives? Response: The CEO advised that the question would be taken on notice.

Name: Michael Brennan Question: [station carpark planning application] Recommendation 3 of the officer states “The use of a generator is only permitted for the construction and maintenance of the facility to the satisfaction of the Responsible Authority.” Does this recommendation, which apparently prohibits the use of a back-up power generator, make the community more or less resilient in the face of extended power outages, especially during a bushfire? Response: The CEO advised that the question would be taken on notice.

Name: Roslyn Mitchell-Lappin Question: After the engagement with the community via the drop-in centre in October 2018, their response to questions from at least one attendee arrived nine months later. This was one month after the planning application which had been lodged in May, in-camera with Council. Is the Council legally able to inform communities of these significant application at the time they are received? Particularly those such as Optus tower in Station Rd, which offer no right of appeal? Response: The CEO advised that the question would be taken on notice.

Name: Anonymous Question: How can the Council recommend that Stern Way become a through road without having undertaken a road safety audit, which would identify the road deficiencies and areas of risk that could lead to crashes as a result of increased traffic? Response: The CEO advised that any decision to continue to designate Stern Way as a through road is consistent with the existing New Gisborne Development Plan. There was significant work undertaken to inform the approved road network including traffic analysis. No further assessment is


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required to continue to implement the road network as approved in the development plan. How can Council require the design of Stern Way to be retained as per the New Gisborne Development Plan when the actual width of Stern Way as constructed is much narrower than that shown on the Development Plan? Response: The CEO advised the current width of Stern Way is not considered to limit its capacity to function as a through road.

Item Submitters PE.2 One submitter addressed the Council PE.3 One submitter addressed the Council

7.42pm Cr Anderson left the meeting. 7.44pm Cr Anderson returned to the meeting. Resumption of Standing Orders 7.54pm It was moved by Cr Anderson and seconded by Cr Mees that

standing orders be resumed. CARRIED

10. DIRECTOR PLANNING AND ENVIRONMENT REPORTS: Report No: Report Title: PE.1 Application for Planning Permit PLN/2018/549 – Two lot

subdivision – 121 Aitken Street, Gisborne Synopsis: The application seeks to subdivide the land into two (2) lots. The application is exempt from advertising. Key issues to be considered relate to the compliance with the Development Plan, compatibility of the proposal with the neighborhood character of the area and the compliance of the proposal in relation the relevant policies of Macedon Ranges Planning Scheme. The application has been assessed against the Macedon Ranges Planning Scheme and is considered appropriate. It is recommended that a Planning Permit be issued.

Officer Recommendation: That a planning permit is granted for two (2) lot subdivision for the land at Lot 1 PS517546W, 121 Aitken Street subject to the conditions below:


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1. Before the plan of subdivision is certified under the Subdivision Act 1988, amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans submitted but modified to show: a) Plans in accordance with Condition 13 of this permit; b) Relocation/ modification of the building envelope on Lot 2 in

accordance with Condition 14 of this permit; c) Site Environmental Management Plan in accordance with

Condition 19 of this permit; d) Complete extent of the new driveway leading from Fersfield

Road to the carport on Lot 1; e) Dimensions and details of the carport for the existing

dwelling on Lot 1.

2. The subdivision allowed by this permit and shown on the plans endorsed to accompany the permit shall not be amended for any reason unless with the prior written consent of the Responsible Authority.

3. The owner of the land must enter into an agreement with: a) A telecommunications network or service provider for the

provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

4. Before the issue of a Statement of Compliance for the subdivision

under the Subdivision Act 1988, the owner of the land must provide written confirmation from: a) A telecommunications network or service provider that all

lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

5. The owner of the land must enter into agreements with the relevant

authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the


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endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

6. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

7. The plan of subdivision submitted for certification under the

Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

8. Before the issue of a Statement of Compliance under the

Subdivision Act 1988, a development contribution of $5436.55 per additional allotment (as at July 2013) must be paid to the Responsible Authority in accordance with the Gisborne Development Contributions Plan, July 2013. Prior to payment of the contribution, the amount payable will be adjusted on 1 July each year in accordance with Schedule 2 of Clause 45.06 of the Macedon Ranges Planning Scheme.

MRSC Engineering Infrastructure and Projects Unit 9. Prior to the commencement of works, an “Asset Protection Permit”

must be obtained from Council for any of the following circumstances: a) Entering a building site by means of a motor vehicle having

a gross weight exceeding two tonnes; b) Occupying a road for works; c) Connecting any land to a stormwater drain; d) Opening, altering or repairing a road; e) Opening, altering or repairing a drain; f) Accessing a building site from a point other than a

crossover; g) Construct/repair/widen/remove any crossover.

10. Prior to the issue of a Statement of Compliance, the following

works must be constructed or carried out to the satisfaction of the Responsible Authority: a) Demolition of the existing garage and outbuilding located

within the boundaries of Lot 2; b) Modification of the existing carport to become freestanding

and wholly contained within Lot 1; c) A new crossover from Aitken Street/Fersfield Road for each

lot; d) A new access driveway for the existing dwelling on Lot 1; e) Stormwater management system for Lot 2 to meet the current

best practice performance objectives for stormwater quality as contained in the Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999). Alternatively, payment of the stormwater quality offset contribution to the Responsible Authority.


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11. The subdivision is to be constructed in accordance with Macedon Ranges Shire Council’s Policy Engineering Requirements for Infrastructure Construction (June 2010).

12. No polluted and/or sediment laden run-off is to be discharged directly or indirectly into drains or watercourses. Soil erosion control measures must be employed throughout the development works in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) to the satisfaction of the Responsible Authority.

Melbourne Water

13. Prior to the certification of the subdivision, Melbourne Water

requires an easement MCPAA2741 for wetland floodway drainage and storm water quality management, setback 20 metres from the waterway centreline on both sides of the waterway (40 metre corridor), in favour of Melbourne Water.

14. Building envelope on Lot 2 must be located outside of the 100-year

floodplain including driveway.

15. No polluted and/or sediment laden run-off is to be discharged directly or indirectly into Melbourne Water’s designated land or waterway.

16. The development must be sympathetic to the character of the

creek, particularly at the interface with the waterway. Fences fronting the waterway must be open style of fencing (post and wire) to allow for the passage of water.

17. Any additional or modified stormwater connections must comply

with Melbourne Water guidelines and will require a separate application to Melbourne Water for approval prior to the commencement of works.

18. Policy (Waters of Victoria) objectives for environmental

management of stormwater as set out in the 'Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) 1999'.

19. Prior to certification of the sub-division, a Site Environmental

Management Plan (SEMP) must be produced and adopted on-site to prevent impacts to the nearby waterway. The SEMP must address the following: a) Sediment and silt management controls; b) Vegetation management techniques; c) Access tracks; d) Spoil stockpiling; e) Machinery/ Plant locations; f) Exclusion fencing around native vegetation/habitat.

20. All approved plans are to be completed to the satisfaction of the

responsible authority.


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21. Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

Permit Expiry

22. This permit will expire if one of the following circumstances

applies:

a) The plan of subdivision is not certified within two years of the date of this permit.

b) The plan of subdivision is not registered at Land Registry within five years of the certification of the subdivision.

In accordance with Section 69 of the Planning and Environment Act 1987 an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

Permit Note:

Future owners of the land must be made aware of the existence of this permit.

It was moved by Cr Radnedge seconded by Cr Anderson That a planning permit is granted for two (2) lot subdivision for the land at Lot 1 PS517546W, 121 Aitken Street subject to the conditions below:

1. Before the plan of subdivision is certified under the Subdivision Act

1988, amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans submitted but modified to show:

a) Creation of a 3m wide carriageway easement following the

south-east boundary of Bunjil Creek in favour of Macedon Ranges Shire Council;

b) Plans in accordance with Condition 13 of this permit; c) Relocation/ modification of the building envelope on Lot 2 in

accordance with Condition 14 of this permit; d) The application of a building exclusion zone for all the

vegetation along the waterway and for each tree/patch of vegetation to be retained;

e) Site Environmental Management Plan in accordance with Condition 19 of this permit;

f) Complete extent of the new driveway leading from Fersfield Road to the carport on Lot 1;

g) Dimensions and details of the carport for the existing dwelling on Lot 1.

2. The subdivision allowed by this permit and shown on the plans

endorsed to accompany the permit shall not be amended for any reason unless with the prior written consent of the Responsible Authority.


Page 21

3. The owner of the land must enter into an agreement with:

a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

4. Before the issue of a Statement of Compliance for the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a) A telecommunications network or service provider that all

lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

5. The owner of the land must enter into agreements with the relevant

authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

6. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

7. The plan of subdivision submitted for certification under the

Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

8. Before the issue of a Statement of Compliance under the

Subdivision Act 1988, a development contribution of $5436.55 per additional allotment (as at July 2013) must be paid to the Responsible Authority in accordance with the Gisborne Development Contributions Plan, July 2013. Prior to payment of the contribution, the amount payable will be adjusted on 1 July each year in accordance with Schedule 2 of Clause 45.06 of the Macedon Ranges Planning Scheme.


Page 22

MRSC Engineering Infrastructure and Projects Unit

9. Prior to the commencement of works, an “Asset Protection Permit” must be obtained from Council for any of the following circumstances: a) Entering a building site by means of a motor vehicle having

a gross weight exceeding two tonnes; b) Occupying a road for works; c) Connecting any land to a stormwater drain; d) Opening, altering or repairing a road; e) Opening, altering or repairing a drain; f) Accessing a building site from a point other than a

crossover; g) Construct/repair/widen/remove any crossover.

10. Prior to the issue of a Statement of Compliance, the following

works must be constructed or carried out to the satisfaction of the Responsible Authority: a) Demolition of the existing garage and outbuilding located

within the boundaries of Lot 2; b) Modification of the existing carport to become freestanding

and wholly contained within Lot 1; c) A new crossover from Aitken Street/Fersfield Road for each

lot; d) A new access driveway for the existing dwelling on Lot 1; e) Stormwater management system for Lot 2 to meet the current

best practice performance objectives for stormwater quality as contained in the Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999). Alternatively, payment of the stormwater quality offset contribution to the Responsible Authority.

11. The subdivision is to be constructed in accordance with Macedon

Ranges Shire Council’s Policy Engineering Requirements for Infrastructure Construction (June 2010).

12. No polluted and/or sediment laden run-off is to be discharged directly or indirectly into drains or watercourses. Soil erosion control measures must be employed throughout the development works in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) to the satisfaction of the Responsible Authority.

Melbourne Water

13. Prior to the certification of the subdivision, Melbourne Water requires an easement MCPAA2741 for wetland floodway drainage and storm water quality management, setback 20 metres from the waterway centreline on both sides of the waterway (40 metre corridor), in favour of Melbourne Water.

14. Building envelope on Lot 2 must be located outside of the 100-year

floodplain including driveway.


Page 23

15. No polluted and/or sediment laden run-off is to be discharged

directly or indirectly into Melbourne Water’s designated land or waterway.

16. The development must be sympathetic to the character of the

creek, particularly at the interface with the waterway. Fences fronting the waterway must be open style of fencing (post and wire) to allow for the passage of water.

17. Any additional or modified stormwater connections must comply

with Melbourne Water guidelines and will require a separate application to Melbourne Water for approval prior to the commencement of works.

18. Policy (Waters of Victoria) objectives for environmental

management of stormwater as set out in the 'Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) 1999'.

19. Prior to certification of the sub-division, a Site Environmental

Management Plan (SEMP) must be produced and adopted on-site to prevent impacts to the nearby waterway. The SEMP must address the following:

a) Sediment and silt management controls; b) Vegetation management techniques; c) Access tracks; d) Spoil stockpiling; e) Machinery/ Plant locations; f) Exclusion fencing around native vegetation/habitat.

20. All approved plans are to be completed to the satisfaction of the

responsible authority.

21. Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

Permit Expiry

22. This permit will expire if one of the following circumstances

applies:

a) The plan of subdivision is not certified within two years of the date of this permit.

b) The plan of subdivision is not registered at Land Registry within five years of the certification of the subdivision.

In accordance with Section 69 of the Planning and Environment Act 1987 an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.


Page 24

Permit Note:

Future owners of the land must be made aware of the existence of this permit.

CARRIED

Report No: Report Title: PE.2 Application for Planning Permit PLN/2019/13 – Use and

development of a dwelling and outbuilding – 130 Russells Road, Woodend North

Synopsis: The application is for the construction of a dwelling and outbuilding at 130 Russells Lane, Woodend North. The subject site is 6.2 hectares in size and currently unused grazing land with two road frontages. Russells Road is a bitumen road to the south, and Donovans Road is a gravel road at the western side boundary. Approval to build a dwelling on the subject land was given and recorded on 8/11/2000 in Council’s online system. The applicant seeks to build a dwelling and large shed located centrally on the land. The land is to be fenced into several paddocks, with smaller paddocks directly accessed via a laneway from Donovans Road to the west. The larger paddocks, farm shed and dwelling are to be accessed directly from Russells Road to the south. There is an intermittent (winter) creek to the northeast. The land is currently degraded and unproductive and needs significant investment to improve the agricultural capacity. It is of moderate agricultural soil quality and not within the extensive area identified in the Planning Scheme’s Strategic Framework Plan 2036 as Good Capability–Agriculturally Productive Land.

The application was advertised and one (1) objection was received mentioning previous flooding of the land, impact on the road by surface water from new driveway and extra traffic created, and potential vegetation impact on the road reserve. The application was referred internally to the Engineering and Environmental Health sections who did not object. It was referred externally to Coliban Water and Goulburn Murray Water who did not object or have concerns about inundation by floodwaters or risk to human life in their referral response. A Land Capability Assessment (LCA) outlines the septic system required for the dwelling and successfully addresses Environmental Significance Overlay (ESO4) concerns. The Farm Management Plan (FMP) outlines soil quality improvements, and value-adding agricultural production introducing a newly emerging high value purebred cattle breed (Speckle Park) into a closely monitored


Page 25

selective breeding program to maximise quality and numbers. Other small lots in the surrounding Farming Zone (FZ) area have dwellings with little associated agricultural use. A dwelling and agricultural shed on this 6 hectare lot is consistent with the locale and a positive agricultural outcome for the site and for the surrounding area. The proposal meets both the purposes of the FZ, and the FZ use of the land for a dwelling is consistent with the Planning Policy Framework (PPF), Municipal Strategic Statement (MSS) and Local Planning Policy Framework (LPPF). It meets the objectives to protect agricultural land and facilitate innovation in new agricultural pursuits enhancing the ongoing, productive use of the land for agriculture. The issuing of a planning permit with conditions would provide clarity and appropriate control of the land use into the future.

Officer Recommendation: That the Council resolve to issue a Notice of Decision to grant a planning permit for the “use and development of the land for a dwelling and outbuilding in accordance with endorsed plans”, for the subject land at Crown Allotment 70 Section Q Parish of Woodend, 130 Russells Road, Woodend North, subject to the conditions below: 1. The development must not be commenced until three copies of plans

drawn to scale and with written dimensions are submitted and

approved by the Responsible Authority. When approved, the

landscape plans will be endorsed and will then form part of this

permit. Such plans must show:

a. Any existing trees to be retained on the subject land

b. Location of the windbreak boundary tree plantings within the

subject land adjacent to the western and southern boundaries

c. Number of species to be planted

d. Types of species to be planted including botanical name. Species

should be indigenous wherever possible.

e. Completion date of works, and

f. Maintenance of the plantings.

2. The development and use as shown on the endorsed plans must not

be altered unless with the prior written consent of the Responsible

Authority.

3. Before the construction of the dwelling commences, the farm infrastructure including the laneway, fences and shed must be completed.

4. Landscape boundary vegetation plantings Within six months of the occupation of the dwelling the boundary vegetative visual screen windbreaks along the western boundary and southern boundary in accordance with the landscape plans must be carried out, completed and thereafter maintained to the satisfaction of the Responsible Authority.


Page 26

5. Before the development commences, the owner/s of the lot must enter

into an agreement with the Responsible Authority in accordance with

Section 173 of the Planning and Environment Act 1987. The agreement

must provide for:

a) The owner of the land must implement all the recommendations

and requirements of the Farm Management Plan endorsed under

Planning Permit PLN/2019/13 on an ongoing basis to the

satisfaction of the Responsible Authority, unless otherwise agreed

in writing with the Responsible Authority.

Application must be made to the Registrar of Titles to register the Section 173 Agreement on the title to the land under Section 181 of the same Act prior to the commencement of the development. The owner/s must pay all costs (including Council’s costs) associated with the preparation, execution, registration and any amendment of the Section 173 Agreement. MRSC Health Conditions 6. The dwelling shall be fitted with a wastewater treatment and disposal

system to a design approved by Council’s Environmental Health Officer

and such that all effluent is disposed of within the boundaries of the

allotment, to the satisfaction of the Responsible Authority. A separate

permit must be obtained from Council’s Environmental Health

Department prior to its installation.

7. The wastewater disposal area must be kept free of stock, buildings,

driveways and service trenching and must be planted with appropriate

vegetation to maximise its performance, stormwater must be diverted

away, to the satisfaction of the Responsible Authority.

MRSC Engineering Conditions 8. Prior to the commencement of works, an “Asset Protection Permit”

must be obtained from Council for any of the following circumstances:

a. Entering a building site by means of a motor vehicle having a

gross weight exceeding two tonnes.

b. Occupying a road for works.

c. Connecting any Council land to a stormwater drain.

d. Opening, altering or repairing a Council road.

e. Opening, altering or repairing a Council drain.

f. Accessing a building site from a point other than a crossover.

g. Construct/repair/widen/remove any crossover.

9. Prior to the commencement of use, the following works must be

undertaken to the satisfaction of the Responsible Authority:

a. A new crossover must be constructed in Donovans Road.

b. The existing crossover in Russells Road must be reconstructed.

10. Prior to commencement of use, potable water supply with a storage

capacity of at least 10,000 litres must be provided to the dwelling for


Page 27

domestic use and firefighting purposes to the satisfaction of the

Responsible Authority.

11. Prior to any development works being undertaken, an ‘Asset

Protection Permit’ must be obtained from Council for any of the

following:

a) Works within Council road reserves or on Council stormwater drainage assets.

b) Entry into a building site by means of a motor vehicle having a gross weight exceeding two tonnes.

c) New crossover or existing crossover upgrading works.

12. Prior to the commencement of use, the access driveway to the

dwelling must be constructed to meet the following requirements to

the satisfaction of the Responsible Authority:

a) The driveway, including any culvert crossings, must be constructed to a standard so that it is accessible in all weather conditions and be capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

b) The driveway must have a minimum trafficable width of 3.5m, be clear of encroachments 4 metres vertically and have no obstructions within 0.5m either side of the formed width of the driveway.

c) Curves must have a minimum radius of 10 metres. d) The average grade must be no more than 1 in 7 with a maximum of

no more than 1 in 5 for no more than 50 metres. e) Dips must have no more than a 1 in 8 entry and exit angle.

13. Storm water runoff from the dwelling must be dissipated as normal

un-concentrated overland flow clear of property boundaries and

buildings in adjacent properties.

14. The development is to be constructed in accordance with Macedon

Ranges Shire Council’s Policy Engineering Requirements for

Infrastructure Construction (June 2010).

15. No polluted and/or sediment laden run-off is to be discharged directly

or indirectly into drains or watercourses. Soil erosion control

measures must be employed throughout the development works in

accordance with Construction Techniques for Sediment Pollution

Control (EPA 1991) to the satisfaction of the Responsible Authority.

Goulburn-Murray Water Conditions 16. All wastewater from the dwelling must be treated to a standard of at

least 20mg/L BOD and 30mg/L suspended solids using a package

treatment plant or equivalent. The system must have a certificate of

conformity issued by the Conformity Assessment Body (or equivalent

approval) and be installed, operated and maintained in accordance

with the relevant Australian Standard and EPA Code of Practice.


Page 28

17. All construction and ongoing activities must be in accordance with

sediment control principles outlined in ‘Construction Techniques for

Sediment Pollution Control’ (EPA, 1991).

Expiry of Permit 18. This permit will expire if one of the following circumstances applies:

a) The development is not commenced within 2 years of the date of

this permit.

b) The development is not completed within 4 years of the date of this

permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within 6 months afterwards if the development has not commenced, or 12 months after if the development has commenced but is not yet completed.

It was moved by Cr Anderson seconded by Cr Radnedge

That Council resolve to issue a Notice of Refusal for use and development of a dwelling and associated outbuilding for the land at 130 Russells Road, Woodend North on the following grounds: 1. The proposal is contrary to the purpose of the Farming Zone, which

aims to provide for the use of land for agriculture, encourage retention of productive agricultural land, and to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. The proposal would facilitate an opportunity for a non-agricultural use (dwelling) that is not necessarily required for the continued use of the land for agriculture.

2. The proposal is contrary to Clause 11.03-5S as it does not avoid use and development that could undermine the long-term natural or non-urban use of land in these areas.

3. The proposal is contrary to Clause 13.03-1S as it does not avoid intensifying the impact of flooding through inappropriately located use and development.

4. The proposal is contrary to Clause 14.01 of the Planning Policy Framework as it will lead to permanent removal of productive agricultural land and unplanned loss of productive agricultural land due to a permanent change of land use.

5. The proposal is contrary to the Decision Guidelines of the Farming Zone at Clause 35.07-6 as it will result in the loss and fragmentation of productive agricultural land; and will limit the operation and expansion of adjoining and nearby agricultural uses.

6. The proposal is contrary to the orderly planning of the area.

CARRIED


Page 29

Cr Jukes requested a division For: Councillors West, Gayfer, Anderson, Pearce, Radnedge (5) Against: Councillors Bleeck, Jukes, Mees and Twaits (4)

8.35pm Cr Bleeck left the meeting and did not return. Report No: Report Title: PE.3 Application for Planning Permit PLN/2019/229 – Use and

development of a telecommunications facility and vegetation removal – Woodend Railway Station, 59C High Street, Woodend

Synopsis: The application proposes the construction of a telecommunication facility comprising a 30 metre high monopole with associated equipment and the lopping of native vegetation. The facility is proposed as part of the Regional Rail Connectivity Project (RRCP) to improve regional mobile coverage for its passengers. It will also provide improved telecommunications within the Woodend Township. The application was not advertised due to the proposal being partly funded by the State of Victoria which exempts the application from notice under Clause 52.19-3. The vegetation removal element of the application was not advertised, as it is not considered that it will cause detriment to any person. Key issues to be considered relate to the visual impact of the proposed facility on the surrounding area, the Code of Practice for Telecommunications Facilities, and the appropriateness of any native vegetation removal. The application has been assessed against the Macedon Ranges Planning Scheme and is considered appropriate. It is recommended to grant a planning permit. Officer Recommendation: That a Planning Permit is granted for the use and development of the land for a telecommunications facility (30m high monopole and ancillary equipment) and lopping of native vegetation for the land at CA9 Section 42 P/Woodend, 59c High Street, Woodend subject to the conditions below:

1. The use and development as shown on the endorsed plans must not

be altered unless with the prior written consent of the Responsible Authority.

2. No other trees or vegetation on site shall be removed, damaged,

destroyed, felled, lopped or uprooted unless with the prior written consent of the Responsible Authority.


Page 30

3. The use of a generator is only permitted for the construction and maintenance of the facility to the satisfaction of the Responsible Authority.

MRSC Engineering and Projects Unit Conditions

4. Prior to the commencement of works, an “Asset Protection Permit”

must be obtained from Council for any of the following circumstances: a) Entering a building site by means of a motor vehicle having a gross

weight exceeding two tonnes. b) Occupying a road for works. c) Connecting any Council land to a stormwater drain. d) Opening, altering or repairing a Council road. e) Opening, altering or repairing a Council drain. f) Accessing a building site from a point other than a crossover. g) Construct/repair/widen/remove any crossover

5. No polluted and/or sediment laden runoff is to be discharged directly

or indirectly into drains or watercourses. Soil erosion control measures must be employed throughout the development works in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) to the satisfaction of the Responsible Authority.

MRSC Environment Unit Conditions

6. Prior to development commencing (including any demolition,

excavations, tree removal, delivery of building/construction materials and/or temporary buildings), the tree protection fencing must be erected to the satisfaction of the Responsible Authority in accordance with the approved tree protection zone(s). The fencing must be erected to form a visual and physical barrier, be a minimum height of 1.5 metres above ground level, and include signage clearly marked “Tree Protection Zone – No Entry” on all sides.

Permit Expiry Conditions

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

a) The development is not commenced within 2 years of the date of

this permit. b) The development is not completed within 4 years of the date of this

permit. c) The use is not commenced within 2 years of the completion of the

development

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within 6 months afterwards if the development has not commenced, or 12 months after if the development has commenced but is not yet completed.


Page 31

It was moved by Cr Anderson seconded by Cr Radnedge That a Notice of Refusal to grant a Planning Permit be issued for the use and development of the land for a telecommunications facility (30m high monopole and ancillary equipment) and lopping of native vegetation for the land at CA9 Section 42 P/Woodend, 59c High Street, Woodend on the following grounds:

1. The proposed facility is inconsistent with strategies and

objectives of Clause 13.07-1S (Land use compatibility) as the proposal will not safeguard the community from potential off-site effects.

2. The proposed facility is inconsistent with Clause 19.03-4S (Telecommunications) because of a lack of balance between providing important telecommunications services and the need to protect the environment from adverse impacts arising from telecommunications infrastructure.

3. The proposed facility is inconsistent with strategies and objectives of Clause 21.05 (Environment and Landscape Values) as it will result in an unreasonable impact upon landscape values and natural features of the area.

4. The proposed facility is inconsistent with policy of Clause 22.01, including, but not limited to “Development to be permitted in urban and rural areas must be planned to achieve harmony with the natural environment and to maintain both the generally rural character and high landscape values of the policy area.”

5. The proposed facility will have a detrimental impact on the gateway into the Woodend town centre, in terms of its proximity and visual relationship with the town centre.

6. The proposal is contrary to the decision guidelines of Clause 52.19 (Telecommunications Facilities) as it does not satisfactorily meet Principle 1 of Code of Practice for Telecommunications Facilities in Victoria in relation to visual impact. The proposal does not minimise any interruption to a significant view from a streetscape.

CARRIED UNANIMOUSLY

Report No: Report Title: PE.4 Stern Way, New Gisborne Synopsis

The New Gisborne Development Plan (2015) (the development plan) is Council’s adopted strategic document to guide development within the New Gisborne area over the next 5-10 years. The Development Plan was adopted by Council in 2014 following a comprehensive process over a four year period including community consultation.


Page 32

A report was presented to Council at its Ordinary Council Meeting on 26 June 2019 in response to a petition received on 18 February 2019 signed by 93 persons requesting: “As residents of the Barringo Estate, we seek Council to take action to retain the current configuration of Stern Way as a cul de sac.” At its meeting on 26 June 2019 Council resolved: “That Council: 1. Require officers to report back to Council by the August 2019 Ordinary

Council Meeting with options as to the impacts of permanently leaving Stern Way as a cul-de-sac/ no through road together with advice regarding what statutory process would be required in order to achieve this.”

Officers have explored the options in relation to permanently leaving Stern Way as a no through road and the statutory processes that would be required to enable this to happen as outlined in this report.

It is recommended that Stern Way be delivered as a through road. Officer Recommendation:

That Council: 1. Retain the design and intent as outlined in the New Gisborne

Development Plan (2015) and Planning Permit PLN2015/342 allowing the 143 Lot Subdivision of 28 Ferrier Road Development and for Stern Way to be delivered as a through road; and

2. Write to all residents within Stern Way to inform them of Council’s decision.

It was moved by Cr Radnedge seconded by Cr Gayfer That Council:

1. Supports the designation of Stern Way as a no through road. 2. Writes to the developer of 28 Ferrier Road, New Gisborne to:

a. Outline Council’s support to designate Stern Way as a no through road.

b. Consider submitting a request to amend planning permit PLN2015/342 to reflect Stern Way as a no through road.

3. Commence a process to amend the New Gisborne Development Plan (2015) to designate Stern Way as a no through road if a request to amend planning permit PLN2015/342 is received to designate Stern Way as a no through road within three months of this resolution.

4. Write to all residents within Stern Way to inform them of Council’s decision.

CARRIED


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Report No: Report Title: PE.5 Proposed changes to flood mapping in Kyneton – Request

to proceed with a Planning Scheme Amendment

Synopsis: A review of flood mapping was recently undertaken by North Central Catchment Management Authority (NCCMA) in conjunction with Macedon Ranges Shire Council (MRSC) who are responsible for determining the potential inundation of land from river and creeks within the region. The purpose of the flooding study was to ensure that the flooding provisions for Kyneton accurately reflect flooding risk. This is measured as a 1 in 100 year event and provided as the Land Subject to Inundation Overlay (LSIO) in the Macedon Ranges Planning Scheme. At the Ordinary Council Meeting of the 26 June 2019, Council resolved: That Council authorise Council officers in partnership with North Central Catchment Management Authority, to undertake consultation with affected landowners and occupiers in Kyneton to inform them of the intended changes to flood mapping on the Campaspe River corridor. The consultation will be a minimum of four weeks and will comprise letters sent directly to landowners and occupiers and at least one information session. Since then Council officers have:

written to property owners and tenants impacted by the mapping changes to invite them to a community information session and to provide them with background information; and

held a community drop in meeting to inform land owners and to answer any queries;

Four weeks were set aside for community feedback to allow for adequate community engagement and to follow up on any outstanding matters.

In summary, the community engagement provided the following community insights:

the need to provide up to date flood mapping and that this should be reflected in the planning scheme;

interest to understand if the updates affected their land holdings; and

an understanding of the need for a planning scheme amendment to update the mapping in the Macedon Ranges Planning Scheme.

Council must now consider moving forward with the flood mapping updates as a local planning scheme amendment.


That Council: 1. Endorse that the amendment proceed as a local amendment to the

Macedon Ranges Planning Scheme; 2. Note the findings from the community consultation and thank the

community for their participation; and


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3. Request authorisation from the Minister for Planning and prepare draft amendment documents for the purposes of proceeding to a formal exhibition of the amendment.

It was moved by Cr Mees seconded by Cr Jukes that the Officer Recommendation be adopted.

CARRIED Report No: Report Title: PE.6 Council submission to the Victorian Government Regional Tourism Review Discussion Paper Synopsis:

The Victorian State Government, through the Department of Jobs, Precincts and Regions, is undertaking a Regional Tourism Review. The purpose of the review is to consider alternative models to support tourism in regional Victoria, enhance private investment and create more regional jobs. The review will assist government to understand how to leverage local strengths, support communities and increase visitation. A discussion paper (attachment 1) has been provided for public consultation. The paper poses 21 questions to guide feedback. Local governments, tourism organisations, traditional owners, tourism businesses and the general public have been encouraged to comment or provide submissions. This report recommends that Council respond to the Regional Tourism Review, as per the submission set out in attachment 2.


That Council endorse the attached submission to the Regional Tourism Review. It was moved by Cr Gayfer seconded by Cr Radnedge

That Council endorse the attached submission to the Regional Tourism Review, with the following amendments:

Page 2 response to question 3: delete “unique accommodation in ‘exclusive’ natural environments”; and

Page 2 response to question 4: delete “Unspoilt natural landscapes that offer a sense of exclusivity and remoteness present the best opportunity for boutique type accommodation”.

As the vote was tied, the Mayor, Cr Pearce, exercised a casting vote against the motion.

LOST


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Cr Gayfer requested a division For: Councillors West, Gayfer, Anderson, Radnedge (4) Against: Councillors Twaits, Mees, Jukes, and Pearce x 2 (5)

It was moved by Cr Jukes seconded by Cr Mees that the Officer Recommendation be adopted.

As the vote was tied, the Mayor, Cr Pearce, exercised a casting vote in favour of the motion.

CARRIED

The Mayor, Cr Pearce, expressed her thanks to Officers on behalf of all Councillors for their work in relation to item PE.6.

11. CHIEF EXECUTIVE OFFICER’S REPORTS: Report No: Report Title: CX.1 Daylesford Macedon Tourism update Synopsis:

Since 2011 Macedon Ranges Shire Council (MRSC) has had a relationship with the Daylesford Macedon Ranges Regional Tourism Inc which recently became Daylesford Macedon Tourism (DMT). Matters relating to MRSC’s relationship with DMT came to a confidential meeting of Council on 27 March 2019. A number of matters have arisen since 27 March 2019 that may impact outcomes sought by MRSC.


That as this report concerns matters which Council considers would prejudice the Council or a person, then pursuant to Section 89 (2) (h) of the Local Government Act 1989, it be considered by Council together with any other confidential matters at the conclusion of that part of this meeting open to the public. It was moved by Cr Mees seconded by Cr Anderson that the Officer Recommendation be adopted.

CARRIED


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12. DIRECTOR CORPORATE SERVICES REPORTS: Report No: Report Title: CS.1 Contracts to be awarded as at 28 August 2019 Synopsis:

The following report indicates whether or not delegated authority to award the contract exists. It also presents Council with the opportunity to (a) specifically grant delegated authority to the Chief Executive Officer and/or (b) specifically review delegated authority in any instance where Council deems it appropriate. Officer Recommendation: That Council notes that the following contract will be awarded by Council officers under delegated authority:

C20.1031 Riddells Creek Tennis Court Construction

It was moved by Cr Mees seconded by Cr Jukes that the Officer Recommendation be adopted.

CARRIED

Report No: Report Title: CS.2 Small Project Grants – Consideration of grant application Synopsis:

The Small Project Grants program supports projects and initiatives that:

support local needs

are unlikely to be funded by other Council funding programs

align with Council Plan priorities. Council’s Small Project Grants bud

ordinary council meeting wednesday 28 august 2019 at 7 ......2019/08/28 · ordinary council...

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