ordinary meeting of council - moorabool shire … minutes... · ms. sam romaszko manager...

ORDINARY MEETING OF COUNCIL

Minutes of the Ordinary Meeting of Council held at

Council Chamber, 15 Stead Street, Ballan on Wednesday 7 May 2014,

at 5:00 p.m.

Members: Cr. Paul Tatchell (Mayor) Central Ward Cr. Allan Comrie East Moorabool Ward Cr. David Edwards East Moorabool Ward Cr. John Spain East Moorabool Ward Cr. Tonia Dudzik East Moorabool Ward Cr. Tom Sullivan West Moorabool Ward Cr. Pat Toohey Woodlands Ward

Officers: Mr. Rob Croxford Chief Executive Officer Mr. Shane Marr General Manager Corporate Services Mr. Phil Jeffrey General Manager Infrastructure Mr. Satwinder Sandhu General Manager Growth and Development Mr. Danny Colgan General Manager Community Services

Rob Croxford Chief Executive Officer

Minutes - Moorabool Shire Ordinary Meeting of Council Wednesday 7 May, 2014

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AGENDA

1. OPENING OF MEETING AND PRAYER ...................................................... 4

2. PRESENT..................................................................................................... 4

3. APOLOGIES ................................................................................................ 4

4. CONFIRMATION OF MINUTES ................................................................... 4

4.1 Ordinary Meeting of Council – Wednesday 2 April 2014 ............................... 4

5. DISCLOSURE OF CONFLICT OF INTEREST .............................................. 5

6. PUBLIC QUESTION TIME ............................................................................ 7

7. PETITIONS................................................................................................... 8

7.1 Petition regarding inclusion of a Ballan Secondary College in the Ballan Structure Plan ............................................................................................... 8

8. PRESENTATIONS / DEPUTATIONS ........................................................... 9

9. OFFICER'S REPORTS ............................................................................... 11

9.1 CHIEF EXECUTIVE OFFICER.................................................................... 11

9.2 GROWTH AND DEVELOPMENT ............................................................... 12

9.2.1 Adoption of the Rural Housing Policy .......................................................... 12 9.2.2 Planning Application PA2013-236; Two (2) Lot Subdivision and

Development of Two (2) Dwellings, Lot 3 on PS536561T, 43 Inglis Street, Ballan. ........................................................................................................ 17

9.2.3 Planning Permit 2013-307; Development of 4 Dwellings on Lot 710 PS 627591C, 16 Lone Pine Square, Bacchus Marsh........................................ 41

9.2.4 Planning Application PA2013-182; Development of 11 Dwellings on Lot 21 PS 637759H, 27 Cromarty Circuit, Darley ................................................... 66

9.2.5 Submission to Planning Policy Framework – Integrating Policy .................. 92

9.3 COMMUNITY SERVICES ........................................................................... 96

9.3.1 Community Grants Program Summer 2014 ................................................ 96

9.4 INFRASTRUCTURE SERVICES .............................................................. 113

9.4.1 Bacchus Marsh Indoor Aquatic Centre ...................................................... 113 9.4.2 Capital Improvement Program Quarterly Report – March 2014................. 121 9.4.3 Lerderderg River Walking Trail – Adjacent to Bacchus Marsh Golf Club ... 127 9.4.4 Road Renaming Proposal – Bungal Dam Access Road, Mount Egerton ... 132

9.5 CORPORATE SERVICES ........................................................................ 136

9.5.1 Review of Procurement Policy .................................................................. 136 9.5.2 Revised 2013-2017 Council Plan .............................................................. 139 9.5.3 Third Quarter (January - March) Report – 2013/14 Council Plan Actions .. 143 9.5.4 Request for Cancellation of Agricultural Licence, Lohs Lane, Myrniong .... 146 9.5.5 Rating Strategy - May 2014 ..................................................................... 153 9.5.6 Local Government Funding Vehicle .......................................................... 164 9.5.7 Quarterly Financial Report – March 2014 ................................................. 170


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10. OTHER REPORTS ................................................................................... 174

10.1 Assembly of Councillors............................................................................ 174 10.2 Section 86 - Delegated Committees of Council - Reports ......................... 176 10.3 Section 86 - Advisory Committees of Council - Reports ............................ 177

11. NOTICES OF MOTION ............................................................................. 178

11.1 Cr Dudzik: N.O.M. No. 238 – Rate Reform and Equity Balance for Primary Producers ................................................................................................. 178

11.2 Cr Dudzik: N.O.M. No. 239 – Rate Reform for Low Income Households ... 180

12. MAYOR’S REPORT ................................................................................. 182

13. COUNCILLORS' REPORTS ..................................................................... 184

14. URGENT BUSINESS ............................................................................... 186

15. CLOSED SESSION OF THE MEETING TO THE PUBLIC ........................ 187

15.1 Confidential Report ................................................................................... 187 15.2 Confidential Report ................................................................................... 187

16. MEETING CLOSURE ............................................................................... 190


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1. OPENING OF MEETING AND PRAYER

The Mayor, Cr. Tatchell, opened the meeting with the Council Prayer at 5.00 pm.

2. PRESENT

Cr. Paul Tatchell Central Ward Cr. Allan Comrie East Moorabool Ward Cr. David Edwards East Moorabool Ward Cr. John Spain East Moorabool Ward Cr. Tonia Dudzik East Moorabool Ward Cr. Tom Sullivan West Moorabool Ward Cr. Pat Toohey Woodlands Ward Officers: Mr. Rob Croxford Chief Executive Officer Mr. Shane Marr General Manager Corporate Services Mr. Phil Jeffrey General Manager Infrastructure Mr. Satwinder Sandhu General Manager Growth and

Development Ms. Kate Diamond-Keith Manager Community Development Ms. Sam Romaszko Manager Engineering Services Ms. Sian Smith Manager Statutory Planning and

Community Safety Mr. Steve Ivelja Manager Finance Ms. Melissa Hollitt Minute Taker

3. APOLOGIES

4. CONFIRMATION OF MINUTES

4.1 Ordinary Meeting of Council – Wednesday 2 April 2014

Resolution: Crs. Comrie/Spain That Council confirms the Minutes of the Ordinary Meeting of Council held on Wednesday 2 April 2014.

CARRIED.


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5. DISCLOSURE OF CONFLICT OF INTEREST Under the Local Government Act (1989), the classification of the type of interest giving rise to a conflict is; a direct interest; or an indirect interest (section 77A and 77B). The type of indirect interest specified under Section 78, 78A, 78B, 78C or 78D of the Local Government Act 1989 set out the requirements of a Councillor or member of a Special Committee to disclose any conflicts of interest that the Councillor or member of a Special Committee may have in a matter being or likely to be considered at a meeting of the Council or Committee. Definitions of the class of the interest are: • a direct interest

- (section 77A, 77B)

• an indirect interest (see below)

- indirect interest by close association (section 78)

- indirect financial interest (section 78A)

- indirect interest because of conflicting duty (section 78B)

- indirect interest because of receipt of gift(s) (section 78C)

- indirect interest through civil proceedings (section 78D)

Time for Disclosure of Conflicts of Interest In addition to the Council protocol relating to disclosure at the beginning of the meeting, section 79 of the Local Government Act 1989 (the Act) requires a Councillor to disclose the details, classification and the nature of the conflict of interest immediately at the beginning of the meeting and/or before consideration or discussion of the Item. Section 79(6) of the Act states:

While the matter is being considered or any vote is taken in relation to the matter, the Councillor or member of a special committee must: (a) leave the room and notify the Mayor or the Chairperson of the

special committee that he or she is doing so; and (b) remain outside the room and any gallery or other area in view of

hearing of the room. The Councillor is to be notified by the Mayor or Chairperson of the special committee that he or she may return to the room after consideration of the matter and all votes on the matter.


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There are important reasons for requiring this disclosure immediately before the relevant matter is considered. • Firstly, members of the public might only be in attendance for part of a

meeting and should be able to see that all matters are considered in an appropriately transparent manner.

• Secondly, if conflicts of interest are not disclosed immediately before

an item there is a risk that a Councillor who arrives late to a meeting may fail to disclose their conflict of interest and be in breach of the Act.

5.1 Officer Disclosure of Indirect Conflict of Interest Mr Phil Jeffrey, General Manager Infrastructure, advised Council of his association with the Bungaree Recreation Reserve as a Committee Member in relation to Item 9.3.1 Community Grants Program – Summer 2014.


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6. PUBLIC QUESTION TIME The Council has made provision in the business of the Ordinary Meetings of the Council for the holding of a Public Question Time.

Public Question Time is required to be conducted in accordance with the requirements contained within the Public Question Time Protocols and Procedural Guidelines as provided for in the Local Law No. 8 Meeting Procedure Local Law Division 8 – Clause 57. The person asking the question is to stand and identify themselves by name and residential address before asking the question. All questions are to be directed to the Mayor as Chairperson, who shall determine the appropriate person to respond to the question. The person asking the question must be present in the gallery when the question is considered and may be asked for clarification by the Mayor. At the discretion of the Mayor, a lengthy question may be required to be placed into writing by the person asking the question. The Mayor may accept a question on notice, in the event that research is required to provide a response. In the case of questions taken on notice, both the question and response shall be recorded in the Minutes of the Meeting.


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7. PETITIONS

7.1 Petition regarding inclusion of a Ballan Secondary College in the Ballan Structure Plan Council has received a petition containing 221 signatures pertaining to a request for Council to include a Ballan Secondary College in the Ballan Structure Plan.

Consideration of Presentation Ms. Gail Fiander addressed Council in relation to the inclusion of a Ballan Secondary College in the Ballan Structure Plan. The business of the meeting then returned to the agenda. Resolution: Crs. Edwards/Dudzik That the petition containing 221 signatures pertaining to a request for Council to include a Ballan Secondary College in the Ballan Structure Plan, be received by Council and that a report be prepared by officers for Council’s consideration.

CARRIED.


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8. PRESENTATIONS / DEPUTATIONS The Council has made provision in the business of the Ordinary Meetings of the Council for the making of presentations or deputations to Council in relation to matters presented on the agenda for Council consideration. Presentations or deputations are required to be conducted in accordance with the requirements contained within the Presentation/Deputations Protocols and Procedural Guidelines. Persons wishing to make a presentation or deputation to Council on a matter included in the agenda shall inform Council prior to the meeting by contacting the Chief Executive Officer’s office and registering their name and agenda item being spoken to. At the meeting the Mayor will invite the persons wishing to make a presentation or delegation to address the Council on the agenda item.

The person making the presentation or deputation is to stand and address Council on the item. No debate on the item is permitted between the person making the presentation or delegation and the Council. A maximum of three minutes per presentation or delegation will be allocated. An extension of time may be granted at the discretion of the Mayor. Councillors, through the Mayor, may ask the person making the presentation or delegation for clarification of matters presented. The Mayor may direct that a member of the gallery ceases speaking if the above procedure is not followed. List of Persons making Presentations/Deputations other than in relation to a planning item listed on the agenda:

Item No Description

Name

Position

7.1 Petition regarding inclusion of a Ballan Secondary College in the Ballan Structure Plan

Gail Fiander Supporter

9.5.4 Request for Cancellation of Agricultural Licence, Lohs Lane, Myrniong

Monica Bartels Objector


Paul Bartels (Mr Bartels did not address Council)

Objector


Scott Fisher

Supporter


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List of Persons making Presentations/Deputations to a planning item listed on the agenda: Individuals seeking to make a presentation to the Council on a planning item listed on the agenda for consideration at the meeting will be heard by the Council immediately preceding consideration of the Council Officer’s report on the planning item. Item No Description

Name

Applicant/ Objector

9.2.2 Planning Application PA2013-236; Two (3) Lot Subdivision and Development of Two (2) Dwellings, Lot 3 on PS536561T, 43 Inglis Street, Ballan

Robert Eskdale and George Kapetanakis (Mr Kapetanakis did not address Council)

Applicant


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9. OFFICER'S REPORTS

9.1 CHIEF EXECUTIVE OFFICER

No reports for this meeting


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9.2 GROWTH AND DEVELOPMENT

9.2.1 Adoption of the Rural Housing Policy

Introduction File No.: 13/02/003 Author: Sian Smith General Manager: Satwinder Sandhu Background Council previously considered this item at the Ordinary Meeting of Council on Wednesday 2 April 2014, where it was resolved to lay the report on the table for further consideration at the next meeting of Council. The policy protocol relating to the consideration of items which affect beyond the current year is applied for consideration of matters where the impact or influence will extend to or directly affect the activities and/or financial planning of Council for a period beyond the term of the current Council budget, and whether relating to Council policy pronouncements or specific projects. A number of changes to the Moorabool Planning Scheme and the underlying rural zones, over the past 7 years, have meant that less direction and clarity was provided for the development of residential dwellings in rural areas. The extent and details of these changes to policies and zones within Planning Schemes are outlined under the heading ‘Policy’ in Attachment 9.2.1A – Rural Housing Policy. The introduction of the Farming Zone, the ability to apply for a dwelling without any synergies to agricultural practices and a Practice Note from the Department of Transport, Planning and Local Infrastructure (DTPLI) highlighting the importance of protecting agricultural land from inappropriate residential development meant that it was unclear what position has a greater weight when assessing an application. As a result the need for a Rural Housing Policy was identified.

The development of this Policy is supported by the Rural Growth Policy Statement (GD007/01) as it seeks to enhance and preserve rural communities and the agricultural sector by providing guidance that ensure that the construction of dwellings within the Farming Zone does not compromise the viability of the land for agricultural, enhances the functionality of the site and provides the ability for people to live, work and recreate in a rural environment.


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Policy Implications The 2013 - 2017 Council Plan provides as follows: Key Result Area Enhanced Infrastructure and Natural and Built

Environment.

Objective Effective and integrated strategic planning in place to create sustainable communities. Effective and efficient land use planning and building control.

Strategy Development of Urban and Rural Growth Strategies in conjunction with other related plans. Ensure the Planning Scheme is reviewed and updated in order to facilitate land use and development to support the social, economic, environment and well-being of the Shire. Ensure that development is sustainable, resilient to change and respects the existing character. Implement high quality, responsive, and efficient processing systems for planning and building applications.

Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.

Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest.

General Manager Growth & Development – Satwinder Sandhu

In providing this advice to Council as the General Manager, I have no interests to disclose in this report.

Author – Sian Smith In providing this advice to Council as the Author, I have no interests to disclose in this report.


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Executive Summary:

The development of the Rural Housing Policy is a body of work to support the strategic vision for Moorabool 2041. This document focuses on providing guidance and parameters within which residential dwellings can be accommodated on land within the Farming Zone. This Policy has been subjected to a review process involving the referral of the document to a number of internal departments and the Rural Growth Strategy Committee, established under Section 86 of the Local Government Act 1989.

In accordance with the resolution of Council on Wednesday 2 April 2014, the Rural Housing Policy is now presented to Council for adoption. Policy Key Directions from the Moorabool 2041 Rural Growth Policy The Moorabool Growth Strategy 2041 aims to provide a vision for the type of community Moorabool Shire will be in 2041 and to outline how Council can facilitate an outcome that both allows for growth and keeps the community connectedness, character and sense of place so valued by Shire residents. From a rural growth policy perspective the proposed Council Policy recognises that the existing State Government Planning Policy Framework does not adequately recognise or support agriculture trends and rural settlements in Moorabool Shire. The existing “one size fits all” rural land use policies have proven to be inadequate for peri urban Shires such as Moorabool. Differences in historical settlement patterns, land capability, average lot sizes, accessibility and location, all mean that a “one size fits all” approach to planning policy is inadequate to meet the challenges facing rural Victoria, particularly the challenges facing Melbourne’s peri urban region. Smaller farms sizes are a fact of life in Moorabool Shire and they are unlikely to increase in size. It most cases in Moorabool it is not always cost effective for farmers to acquire additional farm land to increase the scale of farm operations. Planning policies should recognise this component of the existing land use pattern. Clause 22.03 – House and House Lot Excisions in Rural Areas Clause 22.03 has been in the Moorabool Planning Scheme since its inception on 15 June 2000 and essentially remained unchanged (with the exception of changing from Rural to Farming Zone) until C34 on 26 February 2009 when the Municipal Strategic Statement was reviewed. C34 made significant changes to the policy including the numerical change to Clause 22.03 which is the current policy of the Moorabool Planning Scheme.


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The introduction of VC103, in September 2013, includes changes of requirements for dwellings in the Farming Zone which require reconsideration of this clause. A review of Clause 22.03 is outside the scope of this body of work. However, it should be noted that this clause is no longer consistent with the views of Council and should be reviewed in line with the changes to the Farming Zone, policy GD007/01, Moorabool 2041 and the Rural Housing Policy. Practice Note 37 – Rural Residential Development DTPLI released a Practice Note in November 2013. The purpose of this practice note is to provide guidance when planning for, or assessing proposals for rural residential use and development. Practice Notes are developed for the state of Victoria as a whole and cannot accommodate the many different attributes that individual municipalities have. The proposed Policy and associated attachment seeks to bring to life the objectives of this Practice Note by balancing the various issues, commonly dealt with, specific to Moorabool. A copy of the Practice Note is appended as Attachment 9.2.1B. Planning Application Process It is recognised that a local population is critical to the success of small rural communities and in particular operational farming enterprises. However, this should not provide a free passage for rural areas to become quasi residential areas, which is not supported for a range of policy and logistical reasons. It is becoming increasingly evident that people are choosing larger lots to support a particular type of lifestyle. Hobby farming is a valid use of a larger allotment, however, much like a standard residential lot, there are obligations that a property owner needs to meet when it comes to looking after their property. A land owner still has obligations around managing pest plant and animals and ensuring they have adopted approved strategies for managing these issues. This obligation can be reinforced through the planning permit process if the land is degraded.

Applications must be assessed against the relevant provisions of the Moorabool Planning Scheme and on its individual merits. Individual merits may include, but are not limited to, the current use of the site, surrounding land use, strategic planning for the area, historical land use, patterns of development etc. Despite these individual variability’s, there should be a consistent approach to assessing and deciding on these types of applications.

The Rural Housing Policy goes beyond just providing strategic objectives to achieve, it also provides clarity and parameters to support a clear and consistent planning permit and decision making process.


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Attachment 1 of the Policy (contained within Attachment 9.2.1A) provides Assessment Principles to support consistent and clear decision making when considering dwelling applications within the Farming Zone. These Principles can also be used in pre-application discussions to provide clarity around applicant obligations and application requirements at the very start of the process. Financial Implications The adoption of this Policy is unlikely to have any financial implications for Council. Risk and Occupational Health and Safety Issues There is unlikely to be any risk and occupational health and safety implications for Council. Conclusion The Policy, coupled with the Assessment Principles will provide clarity for applicants, the general public and Council as the decision makers. This Policy will ensure that planning permit applications for dwelling within the Farming Zone will be assessed on their individual merits but also assessed using a consistent performance based framework. This Policy will ensure that Council can adequately balance residential dwellings and agricultural/land management practices where land use conflicts are avoided or at the very least minimized. Having resolved on the 2 April 2014 that the policy lay on the table for further consideration and adoption at the next Ordinary Meeting of Council, the Rural Housing Policy is now placed before the Council to adopt.

Resolution: Crs. Edwards/Dudzik That Council, in accordance with Moorabool Shire Council Policy Protocol, Consideration of Items which affect beyond the Current Year, now adopts the Rural Housing Policy.

CARRIED.

Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth and Development Date: Wednesday, 16 April 2014


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9.2.2 Planning Application PA2013-236; Two (2) Lot Subdivision and Development of Two (2) Dwellings, Lot 3 on PS536561T, 43 Inglis Street, Ballan.

This matter was deferred at the request of the applicant from the

5 March 2014 Ordinary Meeting of Council. The applicant requested additional time to address the issues relating to the proposal, however no amendment has been submitted. The application has provided a response to concerns that have been raised in this report and these comments are addressed in the Clause 55 Assessment Section of this report.

The proposal, therefore, is again before Council for consideration

of a recommendation for Refusal to Grant a Planning Permit

Application Summary:

Application No: PA2013-236

Lodgement Date: 8 October 2013

Planning Officer: Natalie Robertson

Earliest date the applicant may apply to VCAT for an appeal against Failure to Determine:

8 December 2013

Address of the land: Lot 3 on PS 536561T 43 Inglis Street, Ballan

Proposal: Two Lot Subdivision and Development of Two (2) Dwellings

Lot size: 430 sq m

Restrictive covenant Covenant PS536561T

Why is a permit required? Pursuant to the Moorabool Planning Scheme, Clause 32.01-2 a permit is required to subdivide land and under Clause 32.01-4 a planning permit is required to construct two or more dwellings on a lot.

Public Consultation:

Number of notices to properties: Nine (9)

Notices on site: One

Notice in Newspaper: Nil

Number of objections: Two (2)


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Submission of support: Nil

Consultation meeting: The inadequacies of the proposal determined that a recommendation for refusal would be put to Council and therefore no consultation meeting was held.

Policy Implications:

Key Result Area - Enhanced Infrastructure and Natural Built Environment.

Objective - Effective and efficient land use planning and building controls.

Strategy - Implement high quality, responsive, and efficient processing systems for planning and building applications

Ensure that development is sustainable, resilient to change and respects the existing character.

Victorian Charter of Human Rights and Responsibilities Act 2006

In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.

Officer's Declaration of Conflict of Interests

Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager Statutory Planning and Community Safety– Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Senior Statutory Planner, Natalie Robertson

In providing this advice to Council as the Author, I have no interests to disclose in this report.


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Executive Summary:

The application is for the construction of two (2) double storey dwellings and a two (2) lot subdivision on Lot 3, 43 Inglis Street, Ballan. This application is before Council due to the recommendation to refuse the proposal and receipt of two objections.

The site has an area of 430 sq m and a restrictive covenant which limits dwelling development to within a building envelope of 150sqm. While the proposed development provides housing choice for a range of households, which accords with State and Local Planning Policies, and the objectives of the zone, it is considered that the layout and design of the development is not in accordance with the character of the surrounding area and does not provide for an amenable living environment.

The layout of the dwellings on the site also does not meet all the requirements of Clause 55 (Rescode) of the Moorabool Planning Scheme.

Objections relate to lack of aesthetics, design character, overshadowing, overlooking and suitability of the development on the site. Details of the objectors concerns and response to the key issues have been provided in the report. This matter was deferred at the request of the Applicant from the 5 March 2014 Ordinary Meeting of Council. At the time of writing this report the Applicant has not prepared an amendment to the application but has provided correspondence responding to this report which has been discussed in the Clause 55 Assessment Section of this report. The report has also been slightly altered to remove a reference to “Nine Lots” in the “Assessment of Application” section of the report which is considered the result of a minor clerical error. The proposal, therefore, is again before Council for consideration of a recommendation for Refusal to Grant a Planning Permit as it is considered that the proposal is inconsistent with the pattern of development and character in the area and further the proposed development fails to comply with some requirements of Clause 55.

Summary Recommendation:

The proposal has been assessed against the relevant components of the Planning and Environment Act 1987, particularly with regard to Section 61 (4), the Moorabool Planning Scheme, particularly those set out in the State and Local Planning Policy Framework, Clause 32.01-4 - Residential 1 Zone – and Clause 55 of the Moorabool Planning Scheme (Rescode). It is considered that the proposal is generally inconsistent with requirements of the scheme which is outlined in detail in this report.

It is recommended that Council resolve to Refuse to Grant a Permit for this application pursuant to Section 61(1) and (4) of the Planning and Environment Act 1987 on grounds contained later in this report.


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Site and Surrounds The subject site is on the southern side of Inglis Street, Ballan close to the eastern gateway to the township. The site is almost triangular in shape with a frontage of 14.7m, rear of 14.51m, western side boundary of 31.59m and eastern side boundary of 29.27m. The site is 442sqm in area, however dwelling development is limited to a building envelope of 150sqm. A crossover is provided to the site. The site is encumbered by a 3m wide easement along the length of the rear and eastern side boundary and the building envelope is shown as a hatched portion of land on the title plan. There are dwellings on each side of the subject site. These dwellings, as with most in the neighbourhood are single storey. Dwellings styles vary greatly and there are multi dwelling developments within the area. The area is zoned Residential 1 and is a mixture of new and older dwellings with varied styles and lot sizes. The subject site is 620 m east of the commercial area of Ballan. There is access to public open space and is within a reasonable distance to community facilities and services such as schools, shopping, medical facilities and approximately 1km north of the Ballan train station. There is no bus service within Ballan. Inglis Street is a Road Zone Category 1 with a 12m wide sealed road, a wide grassed nature strip and concrete footpath passing the site. There is no significant vegetation on the subject site, however a mature tree of at least 6m in height sits within the road reserve.

Subject Site


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Proposal The proponent seeks approval for the construction of two (2) dwellings and a two lot subdivision of the land. The dwellings would be double storey which share a central common wall. The dwellings would be located within the building envelope and each dwelling would comprise: Ground Floor: - Kitchen - Meals / living area - Laundry - Stairway - Storage area under stairwell - Single car garage First Floor: - Bedroom 1 with ensuite; - Bedroom 2 - Bathroom - Linen closet - First floor land The dwellings would be rectangular and have a north-south orientation with some site levelling proposed. Dwelling 1 has a setback of 7.184m and dwelling 2 a setback of 7.860m. Each dwelling has a ground floor area of 82.09sqm and first floor area of 55.97sqm with a total floor area for each dwelling being 138.06sqm. Dwelling 1 has private open space of 57.38sqm with secluded private open space totalling 43.82sqm. Dwelling 2 has private open space totalling 97.90sqm with secluded private open space totalling 57.75sqm. Access is via and existing single concrete crossing onto a curved concrete driveway. No front fence to Inglis Street is proposed.


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Restrictive Covenant Pursuant to Section 61 of the Planning and Environment Act 1987: (4) if the grant of a permit would authorise anything which would result in

a breach of a registered restrictive covenant, the responsible authority must refuse to grant the permit unless a permit has been issued, or a decision made to grant a permit to allow the removal or variation of the covenant.

The Restrictive Covenant on the land is shown on the land title as No. PS536561T. The Restriction states:

“No dwelling shall be constructed on lots 1, 2 & 3 other than in accordance with the dwelling envelopes shown hatched herewith.” “…Any dwelling constructed on Lot 3 shall have a minimum Floor Level of 488.00.”

Heights for minimum floor levels are based on Australian Height Datum (AHD). The building envelope for the subject site is approximately 150sqm and the proposed dwellings have been presented to sit within the envelope. Elevations do not appear to comply with the minimum floor level requirement and should a permit issue in this matter a condition would be necessary to require plans to be revised to reflect the necessary height.

Planning Scheme Provisions Council is required to consider the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS).

SPPF Clause 11 Settlement The proposal for two dwellings is

inconsistent with this policy, which advocates sustainable development that takes full advantage of existing settlement patterns. The dwellings are not consistent with the developments within the balance of the neighbourhood.

Clause 11.02-1 Supply of urban land

Responding to urban consolidation strategies, the size of the site, and more particularly the building envelope, makes it suited to single dwelling housing, however the character of the area, the constraints of the lot and the overall design make the proposal inconsistent with the objectives of this policy.


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Clause 11.05-2 Melbourne’s hinterland

Providing for residential development within the urban growth boundary of the Ballan township is supported by this policy.

Clause 16.01-2

Location of Residential Development

In accordance with policy, the site has reasonable access to public transport given that it is within 1 km of the Ballan train station. There is no public bus service that operates in Ballan.

Clause 16.01-4

Housing Diversity

Whilst smaller dwellings cater to greater housing choice the dwellings themselves, and as proposed, do not cater to all demographics, particularly the aged or those with limited mobility.

LPPF Clause 21.03-3 Residential

Development The proposal is consistent with strategies to extend the range of housing types and densities to improve resident choice and meet changing housing needs, however, the development itself offers only one form of housing choice and does not cater to the aged, aging in place or those with limited mobility,

Clause 21.03-4 Landscape and Neighbourhood Character Objective

The proposal is inconsistent with the general built form of the area. The development is fronted by two garages that visually dominate the lot.

Clause 21.087 Ballan The proposal encourages consolidation and urban growth within the inner area of Ballan. Any medium density development in the outer areas should be of high quality.


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Zone: Residential 1 Zone The site is located within the Residential 1 Zone. Pursuant to Clause 32.01-2 and Clause 32.01-4 of the Moorabool Planning Scheme a planning permit is required to subdivide the land and a planning permit is required to construct two or more dwellings on a lot. The purpose of the zone is:

• To provide for residential development at a range of densities with a

variety of dwellings to meet the housing needs of all households. • To encourage residential development that respects the

neighbourhood character.

Road Zone

A permit is required to construct a building or carry out works for a use in Section 2 of Clause 36.04-1 and to subdivide land. As there is an existing access and it is not intended to alter the existing access to the Road Zone no planning permit is triggered in this regard.

Overlay: Environmental Significance Overlay The subject site is affected by an Environmental Significance Overlay – Schedule 1, Proclaimed Water Catchment Areas. The objective of the overlay is: • to protect the quality and quantity of water produced within proclaimed

water catchments; and • to provide for appropriate development of land within proclaimed water

catchments. Pursuant to Clause 42.01-2 a permit is required to subdivide land.


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Particular Provisions: An assessment against Clause 55 of the Moorabool Planning Scheme shows compliance except in the following standards:

Clause Title Standard Compliance Rescode 55.02-1 Neighbourhood

Character Objectives

B1 Does not comply The proposal does not consider an appropriate design response to the neighbourhood as it fails to respect existing character, fails to respond to the site features and fails to attempt to integrate with the existing neighbourhood character. The style of development provides a front entry visually dominated by two garages. There is no passive surveillance of the street from the front door and the entry is obscured by the garage.

55.02-2 Residential Policy

B2 Complies In that the application addresses housing policies in the SPPF, LPPF and MSS and local policies.

55.02-3 Dwelling diversity

B3 N/A

55.02-4 Infrastructure B4 Complies The development is likely to have connection to all services.

55.02-5 Integration with Street

B5 Does not comply Physically it may comply but visually it does not. The objective is to ‘integrate the development with the street’ and the visual dominance and obscurity of the entrance does not meet the objectives of this Clause.

55.03-1 Street setback B6 Complies

55.03-2 Building height B7 Complies

55.03-3 Site coverage B8 Complies


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55.03-4 Permeability B9 Complies.

55.03-5 Energy efficiency

B10 Complies

55.03-6 Open space B11 N/A

55.03-7 Safety B12 Does not comply The style of development provides a front entry dominated by a garage. There is no passive surveillance of the street from the front door and the entry is obscured by the garage.

55.03-8 Landscaping B13 Does not comply Plans are only indicative. Should a permit issue more detailed landscaping plans would be required via a condition on the permit.

55.03-9 Access B14 Complies

55.03-10 Parking location B15 Complies

55.04-1 Side and rear Setbacks

B17 Complies

55.04-2 Walls on Boundaries

B18 N/A

55.04-3 Daylight to existing windows

B19 Complies

55.04-4 North facing windows

B20 Complies

55.04-5 Overshadowing open space

B21 Complies

55.04-6 Overlooking B22 Does not comply The elevations don’t appear to indicate that there is any treatment on the openable windows that look over the POS. Should a Notice of Decision to Grant be made a condition would be required to satisfy the overlooking objectives .


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55.04-7 Internal Views B23 Does not comply The elevations don’t appear to indicate that there is any treatment on the openable windows that look over the POS. Should a Notice of Decision to Grant be made a condition would be required to satisfy the overlooking objectives.

55.04-8 Noise impacts B24 Complies

55.05-1 Accessibility B25 Does not comply Whilst access to the ground floor of dwellings is accessible to people with limited mobility, the design of all dwellings, as proposed, does not cater to those with limited mobility. No bedrooms or amenity facilities are provided on the ground floor. The proponent has advised the straight stair with wide landing areas at both ends of the stair case have been designed so that an electronic low cost stair riser seat can be fitted to the balustrade if a person living in the property has difficulty using the stairs. In this regard, it does not comply as proposed, however it is accepted that the dwelling could be retrofitted for a person with limited mobility.

55.05-2 Dwelling entry B26 Does not comply Dwelling entries only partially comply. The design obscures the dwelling entry to the street. The front elevation provides for an entry door and a garage for each dwelling. The design does not provide a sense of personal address or identity.


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55.05-3 Daylight to new windows

B27 Complies

55.05-4 Private open space

B28 Complies

55.05-5 Solar access to open space

B29 Complies

55.05-6 Storage B30 Complies

55.06-1 Design detail B31 Does not comply The Design of the buildings fails to respect existing neighbourhood character. Particularly where the decision guidelines require consideration of the effect of visual bulk of the building and whether this is acceptable in the neighbourhood setting. Further the design provides no surveillance of the street and provides a design that has no sense of identity or address or a liveable environment.

55.06-2 Front fences B32 N/A No fence proposed

55.06-3 Common property

B33 Complies

55.06-4 Site services B34 Complies

56.03-5

Neighbourhood character

C6 Does not comply Fails to respect existing character and does not respond or integrated with the surrounding environment.

56.04-2 Lot area and building envelope objective

C8 Does not comply Does not offer appropriate siting particularly for solar access and does not support active street frontages or street based community interaction.


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56.04-3 Built environment

C5 Does not comply Does not provide a functional or attractive living environment. Does not contribute to a sense of place and identity.

56.04-5 Common area C11 Complies

56.06-8 Lot access C21 Complies

56.07 Integrated water management

C22, C23, C24, C25, C26

Complies

56.09-2 Utilities C27, C28 Complies

Clause 65.02- Decision Guidelines

This report has considered the decision guidelines of Clause 65. Referrals: Pursuant to Section 52 and 55 of the Planning and Environment Act 1987 the application was referred to the following authorities.

Authority Response Infrastructure Western Water Southern Rural Water VicRoads

No objection – subject to conditions No objection – subject No objection – subject to conditions No objection

Public Notice: The application was advertised to adjoining owners and occupiers by sending individual notices on 1 November 2013 and a sign placed on the site from 1 November 2013 to 15 November 2013. Two objections were received. A consultation meeting was not held on the basis of the number of objections and the officer’s assessment of the proposal.


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Summary of Objections: The grounds of objection are outlined below with officer’s comments accompanying them.

Objection Officer’s response The area of Inglis Street is the gateway to Ballan so aesthetics is an important factor.

It is important to consider developments that would be reasonable within the gateway to the township. Under normal circumstance a two dwelling development would be reasonable, however the design of this proposal presents a building form that would be unacceptable in most areas of Ballan township.

The development in the narrow building envelope is unsuitable.

Due to the constraints of the building envelope the presentation of two dwellings within it is limited and subsequently the proposal fails to present dwellings of a suitable standard.

Shadowing to the West from proposed 2 story building will have a large impact on existing building at No 45b Inglis Street with the living area receiving no sunshine whatsoever due to the narrowness of the subdivision of blocks at 45 a, b and 43.

The dwelling at 45b will have a degree of overshadowing and will have limited solar access available to it for most part of the day and therefore does not comply.

There will be privacy issues with overlooking into the rear yards from the second story.

The proposal has provided on the second story on the eastern and western sides small windows that sit 1.7 m above floor level to prevent overlooking. These windows are suitable under Rescode and for bathroom windows. Windows on the southern and northern ends would not overlook any adjoining allotments.

Although the application states that there are few front fences in Inglis Street, this is untrue and many homes in Inglis Street, particularly in this area have front fences. This proposal obviously cannot have front fences as the whole frontage is made up of garages.

Concur. Inglis Street has many front fences, particular 1.2m picket style fences.


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Assessment of Application The purpose of the Residential 1 Zone is to support a range of dwelling types to enhance consumer choice and to provide opportunities for affordable housing, however dwellings should provide a reasonable standard of amenity for existing and new residents. The key issues arising from this proposal are:

1. The development fails to provide a layout which integrates well with

the street and provide any surveillance of the street. 2. The development would present to adjoining and surrounding

neighbours, together with the entry to Ballan a street frontage of garage and does not provide a potential resident with any sense of identity and individual address within the street.

3. The proposal does not provide any amenity facilities on the ground floor and therefore could not cater to any person with limited mobility or make provision the aged, or aging in place for a potential resident.

4. The development would not be respectful of the prevailing neighbourhood character.

In the matter of Chak Lai Li v Whitehorse CC (No. 1) [2005] VCAT 1274 (30 June 2005) Senior Member Byard states on the matter of ResCode:

It does not follow from this that a proposal that meets the relevant ResCode standards must necessarily receive a permit. That may be a strong indication for the grant of a permit, but is does not mean that a permit is an automatic result. There may nevertheless vital planning considerations that indicate refusal, and that outweigh considerations in favour of the proposal.

Conclusion:

The proposal introduces a built form which does not respect the prevailing character, offers bulk and visual dominance to adjoining neighbours within the important gateway of the Ballan township. The proposed development generally does not comply with a number of the required ResCode Standards nor does it meet a number of the objectives of Clause 55 of the Moorabool Planning Scheme.

CHANGE OF ORDER OF BUSINESS Crs. Dudzik/Toohey That this item (Planning Permit Application No. PA2013-236) be deferred until later in the meeting.

CARRIED.


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Consideration of Deputations – Planning Permit Application No. PA2013-236. Mr. Robert Eskdale addressed Council on behalf of the applicant in favour of the granting of a planning permit for the application. The business of the meeting then returned to the agenda.

Recommendation:

That Council having considered all relevant matters as prescribed by s.61(1) and s. 61(4) of the Planning and Environment Act 1987 for Planning Application PA2013-236 issue a Refusal to Grant a Permit for the a two (2) lot subdivision and development of two (2) dwellings at Lot 3 on PS 536561T, 43 Inglis Street, Ballan on the following grounds:

1. The development does not satisfy a number of the Rescode

standards nor achieves the objectives contained within Clause 55 of the Moorabool Planning Scheme.

2. The development fails to provide a layout which integrates well

with the street and provide surveillance of the street.

3. The development would present to adjoining and surrounding neighbours, together with the entry to Ballan, a street frontage of garage only and does not provide a potential resident with any sense of identity and individual address within the street.

4. The development would not be respectful of the prevailing

neighbourhood character. Resolution: Crs. Toohey/Dudzik That this item be deferred until the next appropriate Council meeting.

CARRIED.



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9.2.3 Planning Permit 2013-307; Development of 4 Dwellings on Lot 710 PS 627591C, 16 Lone Pine Square, Bacchus Marsh

Application Summary: Permit No: PA2013-307

Lodgement Date: 13 December 2013

Planning Officer: Tom Tonkin


3 June 2014

Address of the land: 16 Lone Pine Square, Bacchus Marsh

Proposal:

Development of 4 Dwellings

Lot size: Restrictive Covenant/173 Agreement:

1068sq m Yes

Why is a permit required Clause 32.01-4 – Construction of Two or More Dwellings on a Lot in the Residential 1 Zone


Number of notices to properties:

Nine


Notice in Moorabool Newspaper:

No

Number of Objections:

One (1)

Consultation meeting: None held. It was deemed that other issues with the proposal were not able to be resolved and thus consultation would not affect a decision on the application.


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Key Result Area Enhanced Infrastructure and Natural Built Environment.

Objective Effective and efficient land use planning and building controls.

Strategy Implement high quality, responsive, and efficient processing systems for planning and building applications


Victorian Charter of Human Rights and Responsibilities Act 2006

In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.


Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest.

Statutory Planning Coordinator – Robert Fillisch

In providing this advice to Council as the Coordinator, I have no interests to disclose in this report.

Author – Tom Tonkin


Executive Summary:

This application seeks approval for the development of four dwellings on a lot.

The application was reviewed against the provisions of the Moorabool Planning Scheme with particular attention paid to the objectives and standards of Clause 55 for the construction of two or more dwellings on a lot.

The site is a lot of 1068sq m in a newly established residential area developed in the past five years. Surrounding land is either vacant or developed with single dwellings.

The proposed layout of the development obscures the dwelling and garage entries from the street and is considered to be a poor outcome in terms of safety, urban design and neighbourhood character.


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The objection to the proposal relates to the lack of both visitor car parking and a garbage collection plan.

This report recommends that Council issue a Refusal to Grant a Planning Permit for Development of Four Dwellings on grounds.

Summary Recommendation: This application seeks approval for the development of four single storey dwellings on a lot. The application was reviewed against the provisions of the Moorabool Planning Scheme with particular attention paid to the objectives and standards of Clause 55 for the construction of two or more dwellings on a lot. The proposal responds to the site’s capability to accommodate more than one dwelling and provides some diversity of housing choice in the surrounding area. The proposal has not adequately addressed the site’s constraints and compromises the safety of future occupants. Furthermore the proposal does not respond appropriately to neighbourhood character and is a poor urban design outcome. The objection to the proposal relates to the lack of both visitor car parking and a garbage collection plan. This report recommends that Council issue a Refusal to Grant a Planning Permit for the Development of Four Dwellings on grounds.

Background The subject site has no planning history. Proposal The application seeks approval for the development of 4 single storey dwellings. Units 1 and 2 would be detached, and Units 3 and 4 semi-detached. Vehicle access along a common accessway would be via an existing crossover off Lone Pine Square. Unit 1 would comprise two (2) bedrooms, shared bathroom and toilet, second toilet, laundry, and open plan kitchen, meals and lounge, leading to secluded private open space at the side and rear of the dwelling. One (1) car space would be provided in an attached garage. Units 2-4 would each comprise three (3) bedrooms, main with ensuite, laundry, bathroom, separate toilet, and open plan kitchen, meals and lounge, leading to secluded private open space at the side and rear of each dwelling. Each dwelling would have an attached double garage.


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Side and rear setbacks would vary between 1.0-4.7m. No boundary walls are proposed. The maximum height of the development would be 5.4m above natural ground level; site coverage is stated to be 52.7% and permeability 29.8%. Side and rear boundary fences of 1.8m height are proposed. No front fence is proposed. The dwellings would be of a standard contemporary design, constructed of brick. Low pitched tile roofs are proposed with eaves to selected façades. All reticulated services are available to the site.


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Site Description The subject site is at 16 Lone Pine Square, Bacchus Marsh. The street is a square circuit and the subject site is on the southeast corner of the circuit. The site is generally rectangular, with the following dimensions: • North boundary of 34.68m • East boundary of 29.07m • South boundary of 36.39m • West boundary of 26.45m • Overall site area of 1068sqm.

The site has an L-shaped frontage to Lone Pine Square of 5.2m. The site is encumbered by a drainage and sewerage easement parallel to the south and east boundaries and with a variable width of 2.5-3.2m. The site is burdened by Covenant AK707493Y but the proposal is not in breach of this restriction. The site is currently vacant and contains no significant vegetation, and experiences a slight fall from the northwest to the southeast. The subject site and surrounding land is in the Residential 1 Zone and in a recently established residential area that since late 2010 has been developed predominantly with single storey brick dwellings with low pitched hipped roofs finished with tiles or Colorbond. The average lot size in Lone Pine Square is approximately 590sqm. To the north of the subject site is a vacant lot of 321sqm fronting Lone Pine Square. To the east are two lots, one of which is vacant, fronting College Square. To the south is a lot of 1.33ha containing a single dwelling set back 70m from the common boundary. This lot has current planning approval for a 23 lot residential subdivision. To the west is a single storey brick dwelling fronting Lone Pine Square on a lot of 327sqm.


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Locality Map The map below shows the location of the subject site and zoning applicable to the surrounding area.

Planning Scheme Provisions Council must consider the Victoria Planning Provisions, particularly the State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) and Municipal Strategic Statement (MSS).

SPPF

Clause 11 Settlement The proposed development is broadly consistent with this policy, which advocates sustainable development that takes full advantage of existing settlement patterns.

Clause 11.05-2 Melbourne’s hinterland areas

The proposal facilitates residential development within the urban growth boundary of Bacchus Marsh township.


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Clause 15.01-5 Cultural identity and neighbourhood character

The proposal is not adequately responsive to the neighbourhood character of the area.

LPPF

Clause 21.03-2 Urban Growth Management

The proposal supports the growth of Bacchus Marsh.

Clause 21.03-3 Residential Development The proposal would facilitate some diversity of housing choice in the area.


The proposal does not respect neighbourhood character given the development’s lack of integration with the street.

Clause 21.07 Bacchus Marsh The proposal supports consolidation and urban growth in the township but is a poor urban design outcome.

Zone Residential 1 Zone The subject site is in the Residential 1 Zone and the provisions of Clause 32.01 apply. A permit is required to construct two or more dwellings on a lot under Clause 32.01-4 of the Moorabool Planning Scheme. Pursuant to this clause the development must meet the requirements of Clause 55 (Two or More Dwellings on a Lot and Residential Buildings). Clause 32.01-4 – Decision guidelines Before deciding on an application to develop two or more dwellings on a lot, in addition to the decision guidelines in Clause 65, the Responsible Authority must consider the following relevant decision guidelines: • The State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

• The objectives, standards and decision guidelines of Clause 55. Particular Provisions Clause 52.06 – Car Parking Clause 52.06 Car Parking requires that car parking be provided on the land before a new use commences. The number of spaces provided is to be in accordance with the table at Clause 52.06-5. The proposal includes the required number of resident car spaces, being one space for the two bedroom dwelling and two spaces for each three bedroom dwelling.


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Clause 55 – Two or More Dwellings on a Lot and Residential Buildings Clause 55 provides objectives and standards for residential development of two or more dwellings on a lot. This clause requires the submission of detailed information. Residential development must meet all of the objectives of this clause and should meet all of the standards of this clause. The overall assessment for each section is outlined below:

Clause Title Detail Compliance 55.02-1 Neighbourhood

Character Standard B1

Does not comply. The subject site is in a newly developed residential area mostly developed with single dwellings. The character of the area is typified by single storey brick dwellings of a design similar to the proposal, on compact lots with minimum side setbacks. Active frontages to the street are enhanced by small front setbacks. The design response fails to adequately integrate the development with the street.


Standard B2

Complies. A written statement has been provided which covers these requirements.

55-02-3 Dwelling Diversity

Standard B3

Not applicable.

55-02-4 Infrastructure Standard B4

Complies. The proposal would not exceed the capacity of utilities.

55.02-5 Integration with street

Standard B5

Does not comply. The development is not oriented to front the street, with the dwelling entries oriented to a section of the accessway not visible from the street. There are limited opportunities for passive surveillance to or from the development. No high front fencing is proposed at the front of the development, however the 1.8m high side boundary fences run to the front boundary. Any condition of approval should require the north boundary fence to be a maximum height of 1.2m within a minimum 4.0m of the front boundary to maintain some openness to the street and enhance passive surveillance opportunities. The development does not abut existing public open space.


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55.03-1 Street setback Standard B6

Complies with objective. The proposed 1.8m minimum street setback is considered acceptable given the configuration of the lot in relation to the street and the narrow street frontage.

55.03-2 Building height Standard B7

Complies. The proposed maximum building height of 5.4m complies with the standard that specifies a maximum 9.0m height.

55.03-3 Site coverage Standard B8

Complies. Buildings would occupy 52.7% of the site, less than the maximum site coverage of 60%.

55.03-4 Permeability Standard B9

Complies. 29.8% of the site would have permeable surfaces which meets minimum requirement for 20%.


Standard B10

Does not comply. The layout of the dwellings provides acceptable solar access to indoor and outdoor living spaces. Solar access to north-facing windows is maximised. There would be no unreasonable reduction in the energy efficiency of existing dwellings. Any condition of approval should require that east and west-facing glazing to living areas be provided with fixed, external shading devices, as well as retractable for windows.

55.03-6 Public Open space

Standard B11

Not applicable.

55.03-7 Safety Standard B12

Does not comply. The dwelling entries and garages are obscured from the street, with no opportunity for passive surveillance from outside the development. The private open space areas are protected from inappropriate use as public thoroughfares.


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55.03-8 Landscaping Standard B13

Does not comply. There is sufficient space for low level landscaping of the site and small canopy tree plantings, however much of the open space available for landscaping is constrained by easements. Any condition of approval should require a landscape plan to be submitted.

55.03-9 Access Standard B14

Complies with objective. The existing 3.0m wide crossover occupies 57.7% of the 5.2m frontage which exceeds the maximum requirement of 40%. However, given the site characteristics the design response is considered acceptable.

55.03-10

Parking location Standard B15

Complies. The garages are in close proximity to the respective dwellings. All habitable room windows facing the common accessway are set back 1.0m minimum and have sill heights of 1.4m above ground level.

55.04-1 Side and rear setbacks

Standard B17

Complies. New ground floor walls of up to 3.6m height with minimum setbacks of 1.0-4.7m from side and rear boundaries comply with the minimum required setback of 1.0m.

55.04-2 Walls on boundaries

Standard B18

Complies. No boundary walls are proposed.


Standard B19

Complies. All existing habitable room windows would be provided with a minimum area of 3sqm with a minimum dimension of 1m clear to the sky.

55.04-4 North-facing windows

Standard B20

Complies. There are no existing north-facing habitable room windows within 3.0m of the common boundary.


Standard B21

Complies. There would be no significant overshadowing of adjacent secluded private open spaces.


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55.04-6 Overlooking Standard B22

Complies. Proposed 1.8m high side and rear boundary fences meet the standard.

55.04-7 Internal views Standard B23

Complies. Proposed 1.8m high internal fences would adequately limit overlooking within the development.

55.04-8 Noise impacts Standard B24

Complies. The development adequately protects adjoining properties from any unreasonable noise and protects future residents from potential noise sources on adjoining properties.

55.05-1 Accessibility Standard B25

Complies. All dwellings may be made accessible for people with limited mobility by construction of a ramp, if required.

55.05-2 Dwelling entry Standard B26

Complies. All dwellings’ front entries provide shelter and a clear sense of address.


Standard B27

Complies. All proposed habitable room windows face an outdoor space of at least 3sqm with a minimum dimension of 1m clear to the sky.


Standard B28

Complies with objective. Each dwelling would be provided with at least 30.6sqm of secluded private open space (POS) with a minimum dimension of 3.0m. Units 2-4 would all have >40sqm of private open space overall. Unit 1 would have 35.59sqm overall which does not meet the minimum requirement of 40sqm but is considered to satisfy the objective.

Solar access to open space

Standard B29

Complies The secluded private open space of each dwelling would receive sufficient solar access to meet this standard.

55.05-6 Storage Standard B30

Complies. All dwellings are provided with 6 cubic metres of secure externally accessible storage space.


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55.06-1 Design detail Standard B31

Complies The façade articulation and detailing, roof form and construction materials would generally accord with the surrounding neighbourhood character.

55.06-2 Front fences Standard B32

Complies. No front fence is proposed.


Standard B33

Complies. Common property is clearly defined, functional and capable of efficient management.

55.06-4 Site services Standard B34

Complies. Mailboxes would be easily accessible for Australia Post. Bin storage is provided in each dwellings’ POS, accessible via the garages.

Clause 65 – Decision Guidelines This report has considered the decision guidelines at Clause 65.01.

Referrals The following referral to Council’s Infrastructure Department for comment on the application was made pursuant to s.52 of the Planning and Environment Act 1987.

Authority Response

Infrastructure No objection, subject to conditions

Public Notice The application was advertised to adjoining owners and occupiers by sending individual notices on 18 February 2014 and a sign placed on the site from 25 February to 12 March 2014. One objection was received.


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Summary of Objection The objection received is detailed below with officer’s accompanying comments:

Objection Officer’s response

No off-street visitor car parking has been provided.

The proposal for four dwellings does not trigger a requirement for on-site visitor car parking. It is acknowledged that visitors would most likely use on-street car parking and that the current availability of on-street car parking is likely to be reduced. However, it is not considered that the additional demand for on-street car parking would be unreasonable.

There is no garbage collection plan.

Council’s Infrastructure department have advised that the subject site is in an area covered by Council’s waste collection service, and that there is sufficient street space available for the storage of bins for waste collection.

Discussion In principle, the proposed development of the subject site for more than one dwelling is reasonable. The site is >1000sq m and substantially larger than most other lots in the street, which are burdened by single dwelling covenants. The site is therefore considered capable of a more intensive form of development. However, development of the site is constrained by its location on a corner of Lone Pine Square, with an L-shaped frontage of 5.2 metres, and easements parallel to the south and east boundaries. The proposed development does not adequately responds to these constraints, and the design presents issues regarding on-site amenity, safety, integration with the street and vehicle access and circulation within the site. The layout of the development prioritises a compact built form at a density substantially greater than nearby lots. The layout of the development, and in particular the dwelling and garage entries, is oriented internally to the site so that these features would not be visible from the street, and indeed would not be readily visible until having entered well into the site. This aspect of the design is problematic for the following reasons. The lack of integration with the street, whereby dwelling entries are completely obscured from the street and only Unit 4’s entry visible from the accessway on the approach from the street, is a poor urban design outcome. Passive surveillance opportunities to and from the development are limited and the risk to personal safety, whether actual or perceived, is considered to be compromised.


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The design does not respond to the neighbourhood character which is typified by dwellings with small landscaped front setbacks, no front fencing and a strong sense of address to the street. The side and rear walls of Unit 1, including one habitable room window, and landscaping along the vehicle accessway would be visible from the street. Although the site’s frontage is narrow, it is considered that the development should be designed to give greater priority to the accessway and dwelling entries being visible for safety and neighbourhood character benefits. It is considered that given the narrow frontage of the site, the collection of rubbish bins would necessitate them being collected from the front of other nearby dwellings. It is considered that on-site bin storage and collection by a private contractor would allow for appropriate management of waste collection without unreasonable impacts on the amenity of neighbouring properties. The layout of the accessway and garages poses an issue regarding safety and convenience for future residents. The proposed design would not allow all vehicles to conveniently manoeuvre to exit the site easily, with at least one vehicle required to perform several turns to exit in a forward direction which is considered unacceptable. Financial Implications The recommendation to refuse a permit for the development of four dwellings will not represent any financial implications for Council. Risk and Occupational Health and Safety Issues The recommendation of refusal of this development does not implicate any risk or OH & S issues for Council. Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. The objector and the applicant were invited to attend this meeting and invited to address Council if desired. Conclusion Overall, although the proposal is consistent with State and local policy which supports the growth of established urban areas and diversity of housing choice, the design fails to adequately respond to the site’s constraints and would result in a poor urban design outcome where personal safety is compromised, and there is poor integration with the street. Additionally, the design does not allow for all vehicles to easily manoeuvre when exiting the site. Overall, the design does not make a positive contribution to neighbourhood character.


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The site is considered capable of accommodating more than one dwelling, however the design must respond more appropriately to the site’s characteristics as described in this report. Additionally, adequate provision must be made for the onsite storage and collection of waste. It is therefore recommended that the proposal be refused by Council.

Resolution: Crs. Spain/Edwards That having considered all matters as prescribed by s.60 of the Planning and Environment Act 1987, Council issues a Refusal to Grant a Permit for application PA2013-307 for Development of Four Dwellings on Lot 710 PS 627591C, 16 Lone Pine Square, Bacchus Marsh on the following grounds:

1. The proposal is not supported by the State Planning Policy

Framework or Local Planning Policy Framework, including the Municipal Strategic Statement, in relation to neighbourhood character and safety.

2. The development is poorly integrated with the street which

compromises personal safety and neighbourhood character.

3. Vehicles would be unable to easily and safely manoeuvre

and circulate within the site. 4. The development makes inadequate provision for the on-

site storage and collection of waste.

CARRIED.



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9.2.4 Planning Application PA2013-182; Development of 11 Dwellings on Lot 21 PS 637759H, 27 Cromarty Circuit, Darley

Application Summary: Permit No: PA2013-182

Lodgement Date: 5 August 2013

Planning Officer: Tom Tonkin


30 December 2013

Address of the land: 27 Cromarty Circuit, Darley

Proposal:

Development of 11 Dwellings

Lot size: Restrictive Covenant/173 Agreement:

2586sq m Yes

Why is a permit required Clause 32.01-4 – Construction of Two or More Dwellings on a Lot in the Residential 1 Zone


Number of notices to properties:

5


Notice in Moorabool Newspaper:

No

Number of Objections:

One (1)

Consultation meeting: None held, as it was determined that other issues with the proposal could not be adequately addressed by way of permit conditions.


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Key Result Area Enhanced Infrastructure and Natural Built Environment.

Objective Effective and efficient land use planning and building controls.

Strategy Implement high quality, responsive, and efficient processing systems for planning and building applications.


Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.


Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest.

Statutory Planning Coordinator – Robert Fillisch

In providing this advice to Council as the Coordinator, I have no interests to disclose in this report.

Author – Tom Tonkin


Executive Summary:

This application seeks approval for the development of 11 double storey dwellings on a lot. The application was reviewed against the provisions of the Moorabool Planning Scheme with particular attention paid to the objectives and standards of Clause 55 for the construction of two or more dwellings on a lot. The site is a lot of 2586sqm in a recent residential subdivision currently being developed. Surrounding land is either vacant or developed with single dwellings.


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The proposed dwelling yield responds to the site’s size and provides some diversity of housing choice in the surrounding area. The proposal has not adequately addressed the sloping topography of the site, which would result in a visually dominant development particularly when viewed from adjoining dwellings to the north and south. The resulting impact on the amenity of existing and future residents of adjoining lots is considered to be unreasonable. The objection to the proposal relates to overdevelopment of the site, loss of amenity and increased levels of traffic as a result of the proposal. This report recommends that Council issue a Refusal to Grant a Planning Permit for the development of 11 dwellings on grounds.

Summary Recommendation:

The proposal has been assessed against the relevant provisions of the Moorabool Planning Scheme, particularly those set out in the State and Local Planning Policy Framework and Clause 55 – Two or More Dwellings on a Lot and Residential Buildings of the Moorabool Planning Scheme.

It is considered that the proposed development is, overall, inconsistent with the State and Local Planning Policies, Residential 1 Zone and Clause 55 of the Moorabool Planning Scheme.

It is recommended that Council resolve to issue a Refusal to Grant a Permit on grounds for this application pursuant to Section 61(1) of the Planning and Environment Act 1987.

Background The subject site has no planning history. Proposal The application seeks approval for the development of 11 double storey dwellings. Units 1 and 11 would be detached and front Cromarty Circuit, both with separate vehicle access via single-width crossovers. Units 2-10 would be to the rear, sited along the length of a common property driveway accessed from Cromarty Circuit via a double-width crossover. Units 2-5 would be semi-detached, and Unit 6 detached, on the north side of the accessway, and Units 7-10 semi-detached and on the south side of the accessway. Units 1 and 11 would have identical floor plans comprising the following: • Ground level comprising one (1) bedroom, laundry, toilet, storage

space and open plan kitchen, dining and living area leading to secluded private open space at the side and rear of the dwelling.

• First floor comprising two (2) bedrooms, bathroom and separate toilet. • An attached single garage at the side of the dwelling, and tandem car

space in the front setback. • Ground level would have a 4.0m minimum front setback from

Cromarty Circuit and the upper storey a 5.0m minimum front setback.


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Units 2-10 would have identical floor plans comprising the following: • Ground level comprising one (1) bedroom, powder room, laundry, and

open plan kitchen, dining and living area leading to secluded private open space at the side and rear of each dwelling.

• First floor comprising two (2) bedrooms, bathroom and separate toilet. • An attached single garage and tandem car space at the side of the

dwelling. • Unit 7’s ground floor bedroom would have an ensuite.

Two (2) visitor car spaces would be provided towards the front of the site, adjacent to Units 1 and 11. Units 1-6’s ground floor setbacks from the north boundary would be between 3.0-6.6m, and upper storey setbacks between 4.2-6.6m. Units 7-11’s ground floor setbacks from the south boundary would be between 3.4- 7.5m, and upper storey setbacks between 5.2-7.7m. Unit 6 would have a minimum 1.0m ground floor setback from the rear west boundary and minimum upper storey setback of 2.1m. Unit 7 would have a minimum 4.2m ground floor setback from the rear west boundary and minimum upper storey setback of 5.8m. The maximum height of the development exceeds 9.0m above natural ground level; site coverage is stated to be 39.8% and permeability 64.9%. No boundary walls are proposed. Side and rear boundary fences of 1.8m height are proposed, as is the screening of upper storey windows to a height of 1.7m above the finished floor level where these face the site’s side or rear boundaries. The dwellings would be of a standard contemporary design, constructed of brick, with face brick ground levels and a rendered finish to the upper storeys. Low pitched tile roofs are proposed, with eaves provided to the upper storeys of Units 2-10. No front fence is proposed. No provision is made for storage of waste. Several small and medium-sized native canopy trees would need to be removed to facilitate the development. A larger canopy tree (Sugar Gum) towards the north boundary has been assessed by an arborist to be of medium retention value and advice provided for its retention as part of the development. All reticulated services are available to the site.


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Site Description The subject site is at 27 Cromarty Circuit, Darley, on the west side of the circuit. The site is irregular in shape, although generally rectangular, with a frontage of 38.31m and a depth of between 57.25m and 66.0m, yielding an overall site area of 2586sqm. The site is encumbered by a 2.5m wide sewerage easement parallel to the north boundary, and a 1.5m wide electricity supply easement parallel to the south boundary. A high voltage electricity supply reserve is located adjacent to the southeast corner of the site. The site currently contains a single storey brick dwelling with a hipped tile roof that appears to have been built within the past 30 years. Several small to medium-sized canopy trees are found generally to the rear of the existing dwelling. The site is on a hillside and experiences a fall from west to east of up to 6.9m. The site is in the Residential 1 Zone at the western edge of the Bacchus Marsh township boundary. The site is in a recently constructed residential subdivision in Darley where lots are gradually being developed for dwellings. The majority of lots in the area are confined to single dwelling development by restrictions on title. Lot sizes are generally between 406sqm-968sqm, with the subject site’s substantially larger size an exception to this. To the east of the subject site, across Cromarty Circuit, and to the south, are several vacant lots. To the north are three lots fronting Hilton Rise, two of which have recently been developed with single dwellings. To the west of the subject site is a lot of 3.26ha fronting Holts Lane and developed with a single storey dwelling and ancillary outbuildings. The dwelling is sited approximately 12.0m from the common boundary. This lot, and land extending further to the west and north, is in the Farming Zone. The subject site’s proximity to services is detailed below: • 400m from a local park to the east. • 900m from the nearest bus route on Halletts Way. • 1.3km from Pentland Primary School. • 3.2km from Main Street town centre. • 2.2km from Western Freeway interchange at Gisborne Road.


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Locality Map The map below shows the location of the subject site and zoning applicable to the surrounding area.

Planning Scheme Provisions

Council must consider the Victoria Planning Provisions, particularly the State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) and Municipal Strategic Statement (MSS).

SPPF

Clause 11 Settlement The proposed development is broadly consistent with this policy, which advocates sustainable development that takes full advantage of existing settlement patterns.

Clause 11.05-2 Melbourne’s hinterland areas

The proposal facilitates residential development within the urban growth boundary of Bacchus Marsh township.


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Clause 15.01-5 Cultural identity and neighbourhood character

The proposed double storey development does not respond to the landscape character of the site’s hillside position.

LPPF

Clause 21.03-2 Urban Growth Management

The proposal supports the growth of Bacchus Marsh.

Clause 21.03-3 Residential Development The proposal would facilitate some diversity of housing choice in the area.


The proposal does not adequately respond to the landscape character of the area and would be visually intrusive as viewed from adjoining properties.

Clause 21.07 Bacchus Marsh The proposal supports consolidation and urban growth in the township but does not adequately respond to the topography of the site.

Zone Residential 1 Zone The subject site is in the Residential 1 Zone and the provisions of Clause 32.01 apply. A permit is required to construct two or more dwellings on a lot under Clause 32.01-4 of the Moorabool Planning Scheme. Pursuant to this clause the development must meet the requirements of Clause 55 (Two or More Dwellings on a Lot and Residential Buildings). Clause 32.01-4 – Decision guidelines Before deciding on an application to develop two or more dwellings on a lot, in addition to the decision guidelines in Clause 65, the Responsible Authority must consider the following relevant decision guidelines: • The State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

• The objectives, standards and decision guidelines of Clause 55. Particular Provisions Clause 52.06 – Car Parking Clause 52.06 Car Parking requires that car parking be provided on the land before a new use commences. The number of spaces provided is to be in accordance with the table at Clause 52.06-5. The proposal includes the required number of resident car spaces, being two spaces for each three bedroom dwelling and visitor car spaces, being one for every five dwellings (i.e. two spaces).


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Clause 55 – Two or More Dwellings on a Lot and Residential Buildings Clause 55 provides objectives and standards for residential development of two or more dwellings on a lot. This clause requires the submission of detailed information. Residential development must meet all of the objectives of this clause and should meet all of the standards of this clause. The overall assessment for each section is outlined below: Clause Title Detail Compliance 55.02-1 Neighbourhood

Character Standard B1

Complies. The subject site is in a new residential subdivision currently being developed. The emerging character of the area is typified by brick dwellings of a design similar to the proposal on compact lots. In the context of new dwellings in the area, the proposed dwellings respect the neighbourhood character.


Standard B2

Complies. A written statement has been provided which covers these requirements.

55-02-3 Dwelling Diversity

Standard B3

Complies. All dwellings would have a kitchen, toilet and washbasin on the ground floor, and Unit 7 includes a shower at ground level. All dwellings comprise three bedrooms, including one at ground level, which allows for potential use as a study.

55-02-4 Infrastructure Standard B4

Complies. The proposal would not exceed the capacity of utilities.

55.02-5 Integration with street

Standard B5

Complies. The development provides adequate vehicle and pedestrian links to the street network. Unit 1 and 11’s entries would be oriented to the street, and Unit 2-10’s entries to the common accessway. No high front fencing is proposed. The development does not abut existing public open space.

55.03-1 Street setback Standard B6

Complies. The proposed 4.0m street setback meets the standard which requires a minimum of 4.0m. Unit 1 & 11’s proposed porches of 3.6m height encroach 1.0m into these setbacks, and are acceptable.


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55.03-2 Building height Standard B7

Does not comply. The subject site slopes upwards from the front to the rear. It is proposed to cut and fill the site which would result in some dwellings being substantially higher than natural ground level. Although the maximum height of 8.3m above the proposed finished ground level meets the standard of a 9.0m maximum, the maximum height as measured from natural ground level at the nearest site boundary is 9.2 metres. The visual impact of the double storeys would be overly dominant when viewed from adjoining properties.

55.03-3 Site coverage Standard B8

Complies. Buildings would occupy 39.8% of the site, less than the maximum site coverage of 60%.

55.03-4 Permeability Standard B9

Complies. More than 20% of the site would have permeable surfaces which meets minimum requirement.


Standard B10

Does not comply. The layout of the dwellings generally provides acceptable solar access to indoor and outdoor living spaces. However, if a permit was to issue a condition should require provision of north-facing glazing to Unit 11’s dining area. Units 2-10 provide eaves at the upper level. West-facing glazing is generally minimised. Should a permit be issued a condition should require eaves to be provided to Unit 1 & 11’s upper storeys. There would be no unreasonable reduction in the energy efficiency of existing dwellings.

55.03-6 Public Open space

Standard B11

Not applicable.


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55.03-7 Safety Standard B12

Complies. Unit 1 & 11’s entries are readily visible from the street and Unit 2-10’s entries are visible when approaching along the common accessway. The private open space areas are protected from inappropriate use as public thoroughfares.

55.03-8 Landscaping Standard B13

Does not comply The proposal does not respond positively to the landscape character of the site and surrounding area. The site, on a prominent hillside, has a fall of up to 6.9m from rear to front. The proposed cut and fill of the site would result in a development that is visually intrusive and bulky, especially from adjoining properties to the north and south.

An existing Sugar Gum tree close to the north boundary has been identified by an arborist as being of medium retention value. Any approval should include conditions which protect the tree, including modification of the layout if required, and submission of a landscape plan.

55.03-9 Access Standard B14

Complies. It is proposed to provide two single crossovers and one double crossover, with a combined width of 11m which occupies 30.2% of the site frontage and meets the requirement for a maximum of 33%.

55.03-10

Parking location Standard B15

Does not comply The garages and tandem car spaces are in close proximity to the respective dwellings. Unit 1’s dining room window would be set back 1.0m from a visitor car space with a sill height <1.4m. Any permit issued should require the sill height to be raised to 1.4m.

55.04-1 Side and rear setbacks

Standard B17

Complies. New ground floor walls of up to 3.6m height with minimum setbacks of 1.0-4.9m from side and rear boundaries comply with the minimum required setback of 1.0m. New upper storey walls of 5.8m height above finished ground level with minimum setbacks of 2.1-7.7m from side and rear boundaries comply with the minimum required setback of 1.66m.


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55.04-2 Walls on boundaries

Standard B18

Complies. No boundary walls are proposed.


Standard B19

Complies. All existing habitable room windows would be provided with a minimum area of 3sqm with a minimum dimension of 1m clear to the sky. Any walls more than 3.0m high are setback from existing windows by a distance at least 50% of the height of the new wall.

55.04-4 North-facing windows

Standard B20

Complies. There are no existing north-facing habitable room windows within 3.0m of the common boundary.


Standard B21

Complies. There would be no significant overshadowing of adjacent secluded private open spaces.

55.04-6 Overlooking Standard B22

Does not Comply. It is proposed to construct side and rear boundary fences at a height of 1.8m above natural ground level (NGL). However, given the proposed cut and fill construction and use of retaining walls, the proposed fences would not adequately limit overlooking from the finished ground level of the development. However, if a condition of approval required boundary fences to be 1.8m above finished ground level this would contribute to unreasonably high fences from neighbours’ perspectives, as addressed in the discussion below.

Upper storey habitable room windows facing external side and rear boundaries would be screened except for Unit 1’s north-facing bedroom 1 window. If a permit were to issue a condition should require this window to be screened. Additionally, permit conditions should require details of the screening shown on the plans for other habitable room windows.

55.04-7 Internal views Standard B23

Complies. 1.8m high internal fences and upper storey windows with sill heights of 1.7m would adequately limit overlooking within the development.


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55.04-8 Noise impacts Standard B24

Complies. The development adequately protects adjoining properties from any unreasonable noise and protects future residents from potential noise sources on adjoining properties.

55.05-1 Accessibility Standard B25

Complies. All dwellings may be made accessible for people with limited mobility by construction of a ramp, if required.

55.05-2 Dwelling entry Standard B26

Complies. All dwellings’ front entries provide shelter and a clear sense of address.


Standard B27

Complies. All proposed habitable room windows face an outdoor space of at least 3sqm with a minimum dimension of 1m clear to the sky.


Standard B28

Complies. All dwellings would be provided with more than 40sqm of private open space (POS), of which at least 25sqm would be secluded with a minimum dimension of 3.0m accessed directly from a living area.

Solar access to open space

Standard B29

Complies There are no walls on the north side of Unit 1-6’s secluded POS, which have good access to sunlight throughout the day. Units 7-11 each have at least 24sqm secluded POS with a minimum dimension of 3.5m receiving solar access to meet the standard.

55.05-6 Storage Standard B30

Complies. All dwellings are provided with 6 cubic metres of secure externally accessible storage space.


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55.06-1 Design detail Standard B31

Complies. The façade articulation and detailing, roof form and construction materials would generally accord with the emerging neighbourhood character. Setbacks between dwellings within the development are considered to adequately mitigate against visual bulk, notwithstanding the issues with building height previously mentioned.

55.06-2 Front fences Standard B32

Complies. No front fence is proposed.


Standard B33

Complies. Common property is clearly defined, functional and capable of efficient management.

55.06-4 Site services Standard B34

Does not comply. Mailboxes would be easily accessible for Australia Post. Council advised the applicant that private waste collection for the development would be required, however the applicant has not provided space for waste storage and collection.

Clause 65 – Decision Guidelines This report has considered the decision guidelines at Clause 65.01.

Referrals The following referral to Council’s Infrastructure Department for comment on the application was made pursuant to s.52 of the Planning and Environment Act 1987.

Authority Response

Infrastructure No objection, subject to conditions

Public Notice The application was advertised to adjoining owners and occupiers by sending individual notices on 22 January 2014 and a sign placed on the site from 29 January to 14 February 2014. One objection was received.


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Summary of Objection The objection received is detailed below with officer’s accompanying comments:

Objection Officer’s response

The site contains an existing dwelling and it was not considered that the site would be subject to multi-dwelling development.

The subject site is in the Residential 1 Zone and not affected by any overlays that would restrict demolition of the existing dwelling. The subject site is of a substantial size and, given the purpose of the Zone, it is considered reasonable to expect that the site may be developed for more intensive development than currently exists.

Neighbours’ amenity will be affected by noise, overlooking and loss of privacy.

Future development of the site as proposed would affect the amenity of neighbours compared to existing amenity. However, it is not considered that the extent of noise generated by the proposal would be unreasonable in a residential context. Furthermore, overlooking may be managed by the screening of upper storey windows and provision of appropriately high boundary fences as a condition of any approval.

The proposal is an overdevelopment of the site.

It is considered that the site is capable of supporting multi-dwelling development, and the Clause 55 assessment and discussion in this report address this issue.

The increase in traffic generated by the development and other future dwellings in Cromarty Circuit and Hilton Rise would be inconvenient given the existing road network.

It is accepted that there is likely to be a substantial increase in traffic movements in Cromarty Circuit as vacant lots are developed over time. Currently the only point of access and egress for Cromarty Circuit and Hilton Rise is via Baker Street and a network of streets leading to Holts Lane which is a local arterial road. However, the layout of Cromarty Circuit anticipates the future subdivision of land further to the north and an associated extension of the through road network to cater for anticipated future vehicle movements in the area. Furthermore, the application was referred to Council’s Infrastructure department which, subject to conditions, has no objection to the proposal.

Discussion The proposed development of the subject site for multiple dwellings is, in principle, acceptable. The site is a parcel of 2586sqm in the Residential 1 Zone, in a newly established subdivision within the Bacchus Marsh township boundary. The character of Cromarty Circuit, on a hillside visible from several nearby vantage points in the area, is evolving with the incremental development of lots in the street.


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In terms of State and local planning policy, the proposal generally accords with the objectives of consolidating residential growth within established townships, particularly Bacchus Marsh, and providing a more diverse range of housing choices. However, the proposal fails to adequately satisfy objectives relating to neighbourhood and landscape character, and protecting the amenity of nearby properties. The key issue with the development is its failure to adequately respond to the topography of the subject site. The site has a fall from west to east, i.e. from the rear to the front of the site, of up to 6.9 metres. It is proposed to cut and fill the site and incorporate retaining walls of up to 2.3 metres height to stagger the development up the hillside. The result would be two storey building heights of up to 9.2 metres above natural ground level measured at the nearest site boundary. Despite the setbacks from the site boundaries, the height of the development would exacerbate the building bulk when viewed from adjoining backyards to the north and south, resulting in an overly prominent development when viewed from these adjoining properties. Compounding the visual dominance of the dwellings would be the boundary fencing required to limit overlooking from the proposed development. Although the applicant has shown a 1.8 metre high fence line on the north and south elevations, overlooking from Units 2, 3, 4, 5, 6, 8 and 10 of adjoining backyards would readily occur because the fence line follows natural ground level at the boundary. But to adequately limit overlooking the fence line would need to be raised to the proposed finished ground level of the development which would result in boundary fences of between 2.6m – 4.0m height as viewed from the adjoining property. The visual impact of boundary fences of such a height is considered unreasonable. Additionally, the applicant was advised by Council at an early stage of the application process that private waste collection would be required for future residents of the development, and accordingly space for on-site bin storage and collection was required. The applicant has failed to address this issue in the design. Financial Implications The recommendation to refuse a permit for the Development of 11 Dwellings will not represent any financial implications for Council. Risk and Occupational Health and Safety Issues The recommendation of refusal of this development does not implicate any risk or OH & S issues for Council. Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. The submitters and the applicant were invited to attend this meeting and invited to address Council if desired.


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Conclusion Overall, although the proposal is consistent with State and local policy which supports the growth of established urban areas and diversity of housing choice, the design fails to adequately respond to the topography of the site and would result in unreasonable amenity impacts on adjoining properties, particularly to the north and south, in terms of visual dominance and building bulk. On balance, the development is not considered to be a satisfactory design outcome for the subject site. The site is considered capable of accommodating multi-dwelling development, however the design must respond more sensitively to the site’s characteristics as described in this report. Additionally, adequate provision must be made for the onsite storage and collection of waste. It is therefore recommended that the proposal be refused by Council.

Resolution: Crs. Spain/Edwards That having considered all matters as prescribed by s.60 of the Planning and Environment Act 1987, Council issues a Refusal to Grant a Permit for application PA2013-182 for Development of 11 Dwellings on Lot 21 PS 637759H, 27 Cromarty Circuit, Darley on the following grounds:

1. The proposal is not supported by the State Planning Policy

Framework or Local Planning Policy Framework, including the Municipal Strategic Statement, in relation to respecting the landscape character of the site and protecting residential amenity.

2. The development does not adequately respond to the site’s

topography resulting in a visually intrusive, bulky built form. 3. The development makes inadequate provision for the on-

site storage and collection of waste.

CARRIED.



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9.2.5 Submission to Planning Policy Framework – Integrating Policy Introduction File No.: 13/06/001 Author: Lisa Gervasoni General Manager: Satwinder Sandhu Background In July 2013, the Minister for Planning established an Advisory Committee to review the State Planning Policy Framework (SPPF) in July 2013. At present the State Planning Policy Framework sits at the front of all Planning Schemes within Victoria, Moorabool Planning Scheme included. All local planning policies and decisions need to be consistent with the SPPF. On 3 October 2013, Council made a detailed submission to the review (please refer to the attachment). Officers also presented to the Committee. On 22 October 2013, the Minister for Planning expanded the review requesting the Committee to review ways in which Local Planning Policy Frameworks (LPPF) could be better aligned with the SPPF. In addition, relevant policy components of the Regional Growth Plans including Plan Melbourne were also to be translated over into a revised SPPF. Towards the end of March 2014, the Advisory Committee released for comment a document called the draft Planning Policy Framework (PPF), which shows how a revised format for the SPPF and LPPF could work. This document is referred to as the Planning Policy Framework – Integrated version ie how the revised SPPF, Plan Melbourne, Regional Growth Plans and each municipal local planning policy framework would be integrated into a single document. Under the Committees proposal there will no longer be a separate Municipal Strategic Statement, rather all State, Regional and Local policies would be presented by theme. The Committee are seeking feedback by 23 May 2014. Committee Outputs The SPPF Review Advisory Committee has: • identified opportunities to make the SPPF easier to navigate • removed redundant (outdated) policy • updated the policy framework to reflect the draft Plan Melbourne and

Regional Growth Plans and reformed zones • developed a system which enables state, regional and local policy on

specific themes to sit together to form a cohesive policy narrative, rather than be split across different, unconnected parts of the planning scheme.


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The Committee has also structured the revised Planning Policy Framework around: • Issues relating to the whole of Victoria • Issues relating to Regional Victoria (outside Melbourne Metropolitan

area) • Thematic issues (eg bushfire) • Issues relating the a specific region of Victoria (eg Central Highlands) • Municipal based issues

For example, the Moorabool Planning Scheme will not contain policy relating to coastal areas and will contain information related to the Central Highlands Region. The Minister has released the draft Planning Policy Framework for comment. This includes a draft version of the Planning Policy Framework for Moorabool. Specific areas for which the Committee are seeking feedback include: • Are there errors or omissions in the draft PPF? • What change is needed to accommodate local policy in the proposed

structure? • What further changes could improve navigation? • Are there other specific regions or thematic areas that should be

identified for separate policy? • What maps would you want to include and can you see a logical place

for them? Proposal Council officers propose to prepare a detailed response to the draft document. Given review timelines it is proposed that sign off for the submission be delegated to the Chairs of the Urban and Rural Growth Strategy Committees and the Chief Executive Officer. It is also proposed that the submission be in line with previous Council submissions on the SPPF Review, and the submissions on the Central Highlands Regional Growth Plan and Plan Melbourne. The key policy issues to cover in the submission are anticipated to include:

• Implications of combine the Green Wedge Policies with the Peri Urban

Policies (03.07) • How the Central Highlands Regional Growth Plans has been translated

into the proposed new format (03.03) • Revision of the proposed wording of the proposed Clauses 03.07 and

03.03, and advocate for them to be consistent with Council’s understanding of the CHRGP intent and peri urban directions.

In addition to translation and policy specific responses it is likely that there will be other technical issues to consider including: • Technical drafting issues and errors; • Emphasise / balance between metro and regional content;


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• Questions of terminology; • Appropriate locations for local content; • Regions and thematic areas overlooked.

Given that the final document will be applied to the Moorabool Planning Scheme this type of feedback is critical for the editing of a document so that it is rigorous and robust. Policy Implications The 2013 - 2017 Council Plan provides as follows: Key Result Area Enhanced Infrastructure and Natural Built

Environment Objective Effective and efficient land use planning and

building controls. Strategy Ensure the Planning Scheme is reviewed

and updated in order to facilitate land use and development to support the social, economic, environment and well-being of the Shire.

Responding to proposed changes to the structure of the planning scheme is consistent with the 2013-2017 Council Plan. Financial Implications Responding to changes to the Planning Policy Framework is within the operational budget. Risk & Occupational Health & Safety Issues There are no physical or financial risks in relation to this task. As the Minister has appointed an Advisory Committee to review the State Planning Policy Framework (SPPF) there is the opportunity for reputational risk if Council acts outside the framework of the review. Community Engagement Strategy This is not a council project. The method utilised by the Advisory Committee would best correlate with ‘Consult’. Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.


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Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Satwinder Sandhu In providing this advice to Council as the General Manager, I have no interests to disclose in this report. Author – Lisa Gervasoni In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion The Minister for Planning, through the SPPF Review Advisory Committee, has sought feedback in relation to the new integrated policy framework. This feedback is limited to the current draft of the framework and how local content can be best integrated. It is proposed that detailed submission will be prepared by Officers in response as discussed in this report, and that the submission be reviewed and signed-off by the Chairs of the Urban and Rural Growth Strategy Committees and finally by the Chief Executive Officer.

Resolution: Crs. Toohey/Spain That Council resolves to delegate to the Chief Executive Officer, following consultation with the Chair of the Rural Growth Strategy Committee and the Chair of the Urban Growth Strategy Committee, to make a submission to the State Planning Policy Framework Review in line with Council’s previous submissions.

CARRIED.



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9.3 COMMUNITY SERVICES

9.3.1 Community Grants Program Summer 2014 Introduction File No.: 06/03/004 Author: Kate Diamond-Keith General Manager: Danny Colgan Background The purpose of this report is to present the Council with an assessment of applications received under the “Summer 2014” round of Community Grants. Community grants totalling $140,000 per annum are available in two separate funding rounds of $70,000 each. The Summer round of the Community Grants Program opened on the 1st February and closed on the 28th February 2014. At the Ordinary Council Meeting on Wednesday 4 September 2013, the Council adopted the revised Community Grants Policy and Guidelines. The policy will be reviewed again in 2016. The Summer 2014 Community Grant Program represents the second round under the revised Community Grant Policy. Council’s Community Grants program enables not for profit community groups to apply for funding under the following three program categories: • Community Strengthening Grants: Community projects, programs and

initiatives with a specific focus on connecting communities and building community capacity ($50,000 available per round).

• Events Grants: Non-recurrent, seed funding designed to encourage and promote the development of sustainable local events ($10,000 available per round).

• Arts Grants: Supporting local artists and organisations to use a creative approach to the development of community projects and initiatives ($10,000 available per round).

Community groups and organisations can apply for up to $5,000 for Community Strengthening Grants and up to $3000 for Arts and Events Grants. Groups also need to demonstrate a cash or in-kind contribution toward the cost of their project on a ratio of $1 for $1 (Council $1: Group $1). Small Community Strengthening Projects under $1,000 are not required to demonstrate a contribution. The categories under the Community Grants Program recognise the diverse range of activities that community groups in Moorabool are engaged in and the areas in need of financial support from Council.


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The Community Grants Program Policy Guidelines state that applicant groups must demonstrate the support of the committee responsible for management of the proposed facility/service. This includes demonstrating that proposed projects are consistent with the service or facilities’ Master Plan, Strategic Plan or Business Plan. Currently Grants of up to $100,000 are available through the Volunteer Emergency Services Equipment Program (VESEP). The VESEP is an ongoing program funded by the Victorian Government. The 2014/15 program includes funding offered on a $2:$1 ratio. CFA volunteers are encouraged to apply, with applications opening in 2014. The program is aimed at funding operational equipment, vehicles and appliances and minor facility improvements. Policy Assessment Criteria: a. Project Description and why the applicant wants to do the project –

10% b. What will this project achieve? – 20% c. Why is this project needed in your community? – 20% d Who will be involved in the project? 15% e. How will you carry out your project? (including risk management) –

15% f. Project budget and explanation of how the group arrived at the costs?

20%

Each criterion is given a score between 0 and 10 and this score is weighted according to the criteria percentage. The maximum possible score for any application is 100.

Application Support The Community Grants Program Policy specifies that applicant groups are encouraged to meet with a Community Development Officer prior to lodging an application. The majority of applicant groups for the Summer 2014 round of Community Grants received support and advice from Community Development Officers. Number of applications and amount requested In total, 34 applications were received across the three program categories: Community Strengthening (25), Events (3) and Arts (6). A total of $ 111,787 was requested with $84,000 available. ($58,000 for Community Strengthening, $10,000 for Events, $16,000 for Arts – due to Winter 2013 program under expended).


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Category Applications Received

Amount Requested

Amount recommended

Amount Available

Community Strengthening

25 $86,747 $57,692 $58,000

Events 3 $9,000 $9,000 $10,000

Arts 6 $16,040 $16,040 $16,000

Total 34 $111,787 $82,732 $84,000

Assessment Assessment of applications was conducted by a panel of officers and ranked according to the extent to which the application addressed Council’s policy assessment criteria. Proposal Based on the above process and funding criteria, it is proposed that the Council allocate the grants for the “Summer 2014” round of Community Grants as follows


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Community Strengthening Grants:

Name of Organisation Project Name Brief Description of Project

Requested Amount

Project Total Value

Progressive Total

Policy Score

Previous Community

Grant awarded

CWA Gordon and District Branch

Refrigerator for CWA Gordon and Surrounds Branch

Headquarters

Purchase a refrigerator $850.00 $850.00 $850.00 82.17

Blacksmiths Cottage and Forge Committee

Police Cell Renovation

Lift cell from present location, relocate it more

conveniently and restore it $4,795.00 $16,745.00 $5,645.00 82.17 Winter 2012

Bacchus Marsh Basketball Association

Bacchus Marsh Basketball - Shot

Clocks

Enhance the facilities to enable hosting higher

grade games $4,380.00 $26,320.00 $10,025.00 76.88 Winter 2012

Bacchus Marsh Council Trench Reserve

Management Committee

Council Trench Reserve Visitor

Signage Improvement

To provide a road sign and an etched metal A2

geology interpretation sign $1,000.00 $1,164.53 $11,025.00 76.43

Ballan Playgroup Ballan Playgroup Relocation Project

Relocate playgroup to a new and improved venue $5,000.00 $13,520.00 $16,025.00 74.20


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Requested Amount

Project Total Value

Progressive Total

Policy Score

Previous Community

Grant awarded

Ballan and District Community House

Creating a warm and inviting meeting

place for our community

Purchase of curtains for the Community House

meeting and social space for the community to use

$3,777.00 $7,552.00 $19,802.00 73.50 Summer 2012

Embrace ASD Sensory Calming and Social Skills

improvement

Purchase equipment for the EMBRACE library in

Ballan $5,000.00 $10,000.00 $24,802.00 73.29

Bacchus Marsh Blue Light

Merrimu Community Room

Transform an existing room/space into a

community resource $4,843.00 $19,393.00 $29,645.00 73.08

Gordon Junior CFA Gordon Junior Fire Brigade Camp

Run a camp for young people in the community to build team work and

learn new skills

$3,100.00 $5,405.00 $32,745.00 71.38 Summer 2010

Ballan Pony Club

Dressage Arena (Ballan Racecourse

and Recreation Reserve)

Assistance in purchasing the base and sand for the completion of the arena

surface

$5,000.00 $10,500.00 $37,745.00 71.23 Summer 2013


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Requested Amount

Project Total Value

Progressive Total

Policy Score

Previous Community

Grant awarded

Blackwood Fire Brigade

Community Fire Safe Education Delivery for the

community

Purchase an HD Android 4.0 Multimedia Player Projector for use by

volunteers

$603.00 $603.00 $38,348.00 71.08

Bacchus Marsh Montessori Preschool

Water Management Initiative

New drainage and irrigation system $3,701.36 $7,402.72 $42,049.36 71.08 Winter 2012

Laurels Men’s Shed Group

Wood Lathe Tools and Equipment plus

an extension to workshop dust

removal system

A Wood Lathe was donated so they now need

the tools to utilise this equipment

$983.00 $983.00 $43,032.36 70.96 Summer 2012

Lal Lal Catchment Landcare Group

Two Mountains Koala Trail

Launch the practical phase of 'Two Mountains Koala Trail' a program to revegetate the landscape

$4,000.00 $9,000.00 $47,032.36 70.33


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Requested Amount

Project Total Value

Progressive Total

Policy Score

Previous Community

Grant awarded

Dunnstown Football Club Project - IT Upgrade - Portable Computer

Purchase a laptop for the group to support its

management, promotion and operations

$1,000.00 $1,013.00 $48,032.36 69.41 Summer 2013

Bacchus Marsh RSL Placement of Pack Howitzer Field Gun

Display the Pack Howitzer Field Gun next to the RSL

Hall $4,660.00 $9,270.00 $52,692.36 69.17

Parents and Community Committee Gordon Patch to Plate Establish a community

vegetable garden $5,000.00 $10,875.00 $57,692.36 69.12

Wallace Recreation Reserve

CCTV Security System

Existing monitoring alarm system can cause false

alarms $3,380.00 $6,760.00 $61,072.36 56.04 Summer

2013

Coimadai Avenue of Honour Restoration

Association

Memorial Enclave site preparation and purchase of paving

slabs and bricks

Construct a memorial site $5,000.00 $10,000.00 $66,072.36 55.75

Dunnstown Tennis Club Dunnstown Tennis Club Coaching

Provide coaching for under 18 year olds $1,000.00 $1,500.00 $67,072.36 55.58


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Requested Amount

Project Total Value

Progressive Total

Policy Score

Previous Community

Grant awarded

Ballan Recreation Reserve

Ballan Recreation Reserve Kitchen Refurbishment

To bring the kitchen area up to current health

regulations $5,000.00 $10,000.00 $72,072.36 53.95

Bungaree Football Netball Club

Portable Sporting Shelters

Construct two portable sporting shelters $5,000.00 $10,450.00 $77,072.36 53.50

Bungaree Recreation Reserve Committee of

Management

Playground Security Fence

Security fence around a new playground $4,675.00 $9,350.00 $81,747.36 53.00

Elaine Public Cemetery Cemetery Refectory Veranda Provide an indoor area $5,000.00 $10,000.00 $86,747.36 52.83

TOTAL $86,747.36 $208,656.25


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Events Grants:


Requested Amount

Project Total Value

Progressive Total

Policy Score

Previous Community

Grant awarded

Ballan District Health and Care

Ballan's Colour Fun Run and Walk

A colour fun run and walk to promote a new health

and fitness event, encourage all age

brackets.

$3,000.00 $8,000.00 $3,000.00 80.11

Moorabool Relay For Life Moorabool Relay For Life 2014

A fun community event to raise funds for the Cancer

Council $3,000.00 $7,160.00 $6,000.00 76.94 Summer

2013

Rotary Club of Bacchus Marsh


Annual Art Show - Upgrading

Upgrading the materials on which the artworks are

displayed $3,000.00 $6,900.00 $9,000.00 73.71

TOTAL

$9,000.00 $22,060.00


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Arts Grants:

Name of Organisation/Artist Project Name Brief Description of

Project Requested

Amount Project

Total Value Progressive

Total Policy Score

Previous Community

Grant awarded

Central Highlands Imaging and

Photographic Association

Skills Development Workshops

Skills development workshops for our group members in photography

$5,000.00 $25,791.00 $5,000.00 82.88

Gordon Newsletter

Gordon and District Newsletter

promotion and development

To further develop and promote the newsletter to

the Gordon and district community through

improvements to the quality and content of the

newsletter

$1,040.00 $2,150.00 $6,040.00 76.99

Lal Lal Moorabool Photographic Group

Group Equipment Transport Trailers

Support for the group to hold exhibitions around

the Shire by purchasing a trailer to transport the

display boards

$3,000.00 $10,000.00 $9,040.00 76.21 Summer 2012

Moorabool Light Orchestra

Moorabool Light Orchestra Concerts

Providing Winter, Spring and Christmas Concerts

for 2014

$3,000.00 $44,965.00 $12,040.00 75.83


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Name of Organisation/Artist Project Name Brief Description of

Project Requested

Amount Project

Total Value Progressive

Total Policy Score

Previous Community

Grant awarded

Myrniong Primary School

Artist design and construction of a replica tall ship at

the Myrniong School.

Artist will work with children to design and construct a replica Tall

Ship - The MPS Endeavour in the school grounds for children to

learn and play with.

$3,000.00 $11,015.00 $15,040.00 75.28 Winter 2012

U3A Memory Byways An Anthology

Production of a book of poems by residents in

local aged care facilities $1,000.00 $5,000.00 $16,040.00 70.54

TOTAL $16,040.00 $98,921.00


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Policy Implications The 2013 - 2017 Council Plan provides as follows:

Key Result Area Community Wellbeing Objective Community Self Reliance

Strategy Provide community development support

and partnership projects The proposed allocation of grants under the Community Grants Summer 2014 Program is consistent with the 2013-2017 Council Plan.

Financial Implications Consistent with the Community Grants Policy and 2012/2013 budget allocation, a total of $84,000 is available for allocation in the Summer 2014 round as opposed to the usual $70,000. This is due to under expenditure in the Winter 2013 round, resulting in the following amounts available in each category this round - $58,000 for Community Strengthening, $10,000 for Events, $16,000 for Arts. The total of grants being recommended for allocation in this round is $82,732. Risk & Occupational Health & Safety Issues

Risk Identifier

Detail of Risk Risk rating Control/s

Project timelines

Grant recipients exceeding prescribed timelines

Medium -Terms and conditions agreements required to be signed by grant recipients -Scheduled monitoring of projects

Financial Grant recipients appropriate expenditure of Council funds

Medium - Terms and conditions agreements required to be signed by grant recipients -Grant acquittal required upon completion of projects

Community Engagement Strategy

Level of Engagement

Stakeholder Activities Location Date Outcome

Consult Community Groups

Meetings with applicant groups

Various February 2014

Applicants groups supported to submit applications


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Communications and Consultation Strategy Applicants for the Summer 2014 round of Community Grants Program will be advised in writing that they will be notified of the outcomes of their grant applications in May 2014. Community Development Officers will provide feedback to unsuccessful applicant groups via meetings or phone contact. Feedback will include: • Advice to applicant groups of the relative strengths and areas for

improvement in their Community Grant applications • Options for alternative funding • Supporting a group to re-lodge their application in the next appropriate

round of Community Grants Program Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues. Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Danny Colgan In providing this advice to Council as the General Manager, I have no interests to disclose in this report. Author – Kate Diamond-Keith In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion Applications received under the “Summer 2014” round of Community Grants are reflective of the diverse range of activities that community groups are engaged in and the areas in need of financial support from Council. In total, 34 applications were received across the three program categories: Community Strengthening (25), Events (3) and Arts (6). This is the second round of Community Grants under the revised Community Grants Policy and Guidelines adopted by the Council on the 4 September 2013. There were considerably more applications received in this round than last round, which demonstrates that increased promotion has resulted in a greater awareness of the program. The majority of applications received in this round were of a high quality, which reflects the increasing skills of the community groups in the Shire.


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Mr Phil Jeffrey advised Council of his association with the Bungaree Recreation Reserve as a Committee Member in relation to Item 9.3.1Community Grants Program Summer 2014 and adjourned from the meeting at 5.07pm.

Resolution: Crs. Dudzik/Spain

1. That the Council allocates the following grants in the Community

Strengthening Grant category.

Name of Organisation Project Name Recommended Amount

CWA Gordon and District Branch

Refrigerator for CWA Gordon and Surrounds Branch

Headquarters $850.00

Blacksmiths Cottage and Forge Committee

Police Cell Renovation $4,795.00

Bacchus Marsh Basketball Association

Bacchus Marsh Basketball - Shot

Clocks $4,380.00

Bacchus Marsh Council Trench Reserve Management

Committee

Council Trench Reserve Visitor

Signage Improvement

$1,000.00

Ballan Playgroup Ballan Playgroup Relocation Project $5,000.00

Ballan and District Community House

Creating a warm and inviting

meeting place for our community

$3,777.00

Embrace ASD Sensory Calming and Social Skills

improvement $5,000.00

Bacchus Marsh Blue Light Merrimu Community Room $4,843.00


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Gordon Junior CFA Gordon Junior Fire Brigade Camp $3,100.00

Ballan Pony Club Dressage Arena

(Ballan Racecourse and Recreation

Reserve) $5,000.00

Blackwood Fire Brigade Community Fire Safe Education Delivery for the

community $603.00

Bacchus Marsh Montessori Preschool

Water Management Initiative $3,701.36

Laurels Men’s Shed Group

Wood Lathe Tools and Equipment

plus an extension to workshop dust removal system

$983.00

Lal Lal Catchment Landcare Group

Two Mountains Koala Trail $4,000.00

Dunnstown Football Club Project - IT

Upgrade - Portable Computer

$1,000.00

Bacchus Marsh RSL Placement of Pack Howitzer Field Gun $4,660.00

Parents and Community Committee Gordon Patch to Plate $5,000.00

TOTAL $57,692.36


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2. That the Council allocates the following grants in the Community Events Grant category.


Ballan District Health and Care

Ballan's Colour Fun Run and Walk $3,000.00

Moorabool Relay For Life Moorabool Relay For Life 2014 $3,000.00


Rotary Club of Bacchus Marsh Annual Art Show - Upgrading

$3,000.00

TOTAL $9,000.00

3. That the Council allocates the following grants in the

Community Arts Grant category.

Name of Organisation/Artist Project Name Recommended Amount

Central Highlands Imaging and Photographic

Association Skills Development

Workshops $5,000.00

Gordon Newsletter Gordon and District

Newsletter promotion and development

$1,040.00

Lal Lal Moorabool Photographic Group

Group Equipment Transport Trailers $3,000.00


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Name of Organisation/Artist Project Name Recommended Amount

Moorabool Light Orchestra Moorabool Light Orchestra Concerts $3,000.00

Myrniong Primary School Artist design and construction of a

replica tall ship at the Myrniong School.

$3,000.00

U3A Memory Byways An Anthology $1,000.00

TOTAL $16,040.00

4. That all applicants be notified in writing of the outcome of their application.

5. That Council Staff provide feedback to unsuccessful groups and provide suggestions for alternative funding, or how the group may choose to improve and re-develop their application for submission to the next appropriate round of the Community Grants Program.

CARRIED.

Mr. Phil Jeffrey returned to the meeting at 5.10pm.

Report Authorisation Authorised by: Name: Danny Colgan Title: General Manager Community Services Date: Wednesday 16 April 2014


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9.4 INFRASTRUCTURE SERVICES

9.4.1 Bacchus Marsh Indoor Aquatic Centre Introduction File No.: 12/17/002 (1) Author: Phil Jeffrey General Manager: Phil Jeffrey Background The proposed Bacchus Marsh Aquatic Centre has been subject to a number of reports to Council over recent years as the development of the design of the facility has progressed. A summary of key milestones and Council resolutions is set out below and has guided officers in the development of the facility to date: • Completion of the Moorabool Shire Indoor Aquatic Facility Feasibility

Study in May 2009. • Establishment of the Indoor Aquatic Stakeholder Working Group in

May 2010 with report received October 2010. • Resolution to develop the proposed Aquatic Facility at the existing

outdoor pool site on 15 December 2010. • Received conceptual plans and requested that officers proceed with

schematic design of the entire facility and design/development of stage 1 (resolution 7 December 2011)

• Architectural service publically tendered and contract awarded 7 March 2012

• Design plans endorsed on 6 February 2013 for the purposes of community consultation.

• Design plans and funding model adopted on 17 July 2013. • Announcement of $7M grant from federal government towards

construction of the facility – 9 August 2013. • Application to state better pools program on 21 August 2013

requesting $3M towards the project. • Resolution on 21 August 2013 confirming the aquatic centre as the top

priority social infrastructure project and requesting a comparison to a facility under construction at Moss Vale.

• Notification from new federal government post-election that projects without signed funding agreements will not receive funds.

• Notified that the state better pools application was unsuccessful on 24 December 2013.

With recent notification that external state and federal grants were unsuccessful, it is considered timely to plot a way forward for the development of the facility.


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Proposal There are a number of items that require consideration to help determine the future of the development of the proposed facility. 1. Design of the Facility The design of the facility was contracted to Mantric Architects and has been informed by the previous feasibility studies, design explorations, specialist consultant advice, existing site and conditions constraints, and importantly car parking requirements. The tender was split between pre-design, schematic design and design development (detail design) and included all required sub-consultants comprising structural, mechanical, electrical, hydraulic, civil and landscape. In terms of design, the contract requires schematic design of the complete facility and design development of stage 1 to 70% of traditional design and construct documentation. It was considered that this would get the design sufficiently advanced to enable it to be classed as “shovel ready” without the upfront cost of fully documenting the project. A staged construction approach has been used to ensure elements constructed in early stages fit with and future proof subsequent stages. The stages generally include the following: • Stage 1 - 25m pool, learn to swim pool, entry and kiosk, administration

and staff area, accessible facility, wet/dry change, pool and mechanical plant

• Stage 2 - expand entry lobby and canopy, expand administration, expand wet/dry change, group change, crèche, spin room, gym, program room, lift and stairwell to level 1

• Stage 3 - leisure pool, zero depth splash pools, major water feature, spa and sauna, hot water program pool

• External spaces – carparking, entry interface between entry and carpark, secure external terrace at entry/café lobby, pool hall breakout space, external breakout for crèche

In addition to the architectural plans previously presented, there has been significant other work associated with the design to help inform the final outcome. These include: • Schematic Design Report • Building Services Sketch Design Report – covering service supply

connections, building code compliance, mechanical services, electrical services, hydraulic services

• Building Services ESD Report • Pool Engineering Design Report • Preliminary Services and Structural Drawings • Geotechnical Site Analysis Report • Cultural Heritage Management Plan • Landscape Masterplan • Carpark requirement analysis and functional layout • Quantity Surveyor Cost Plans


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At the present time, the schematic design for the facility has been adopted and the design development component of the contract has not progressed. This is due in part to external funding not being secured and that there still seems to be uncertainty regarding what components should be included at the facility. Specifically, strong feedback from the Bacchus Marsh Community Consortium that the leisure pool components should be included in the initial stages of the project rather than stage 2A or 3 as proposed. This is critical at this stage of the design to avoid costly design amendments later in the process. The design contract included design development of stage 1 only and because stage 1 and 2 are currently being considered together, a further budget allocation was made to enable design development of both stages to occur. It is important to note that this level of documentation only allows for a design and construct tender process. Ultimately, a decision is required to continue with the existing contract, suspend the contract or terminate the contract. To change architects at this point would most likely mean commencing again and foregoing previous work. It is unlikely that another architect would take up the design of another party. They would also have their own sub consultants so most of this work could also be lost. The design has currently progressed to the stage that the project could be tendered within a reasonable timeframe if funding was available but requires completion of the design development component. If further progression of the design ceased at this point, a new procurement process for architectural services would be required. 2. Funding Model

It has consistently been reported that a higher capital cost enables the construction of dry spaces at the proposed facility that in turn reduces the long term operation and maintenance costs. Therefore, it is important that into the future, any business case for the facility is considered with both capital and operational cost modelled so that whole of life costs is understood. Schedules and costing information supports the design work that has been completed to date and prices have been escalated to end of 2015. The summary of cost plans, based on quantity surveyor reports for each stage is as follows: • Stage 1: $10.01M • Stage 2: $8.73M • Stage 3: $9.59M • Stage 1 & 2 together: $18.07M


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The adopted funding model for the project for a Stage 1 & 2 facility is outlined below. Capital Funding Council Loan (SFP) $1.0 mil Council Loan (recouped special rate)* $2.5 mil Council design (cash cost) $0.34 mil Community contribution $1.0 mil Special Rate $0.67 mil Better Pools – State Government $3.0 mil Federal Government $9.90 mil In kind Council Land contribution $0.84 mil In kind Council Project Management $0.55 mil Total Capital Project $19.80 mil Total Cash Cost to Council $18.07 mil Recurrent Funding Net average operating costs $0.44 mil Less current pool costs ($0.09 mil) Less current Leisure Centre costs ($0.20 mil) Net Operating Cost to Council $0.15 mil At this point in time, these figures have been used to inform the long term financial plan and future budget considerations.

3. Procurement Methodology

An important consideration regarding how the project proceeds in the future is the procurement methodology. The two main methods that could be used are either design and construct tender or traditional full design, tender and construct process. If Mantric was retained as the head architect and the project obtained funding, thought regarding how we procure the project is required. If design and construct was preferred, it needs to be decided whether to novate the architect to the builder whereby the architect essentially becomes the client of the builder instead of Council. There is some risk associated with the design and construct methodology in that the builder controls the architect. A lengthy and detailed tender evaluation process would need to be employed to carefully check what is actually allowed for to avoid variations later. This presents an opportunity to the builder though to find innovation and reduce overall cost. If the traditional method of fully documenting the project and tendering for head contractor is used, a substantial up front budget allocation in the order of $700k to $1M would be required prior to tender. With either procurement method, this amount would be required. There is pressure from Bacchus Marsh Community Consortium to use the services of an NSW architect that recently designed and project managed the construction of a facility as Moss Vale. The Local Government Act required that any service likely to cost in excess of $150,000 must be publically tendered therefore a new procurement process would need to be undertaken by Council if it was to change architects.


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4. Role of Community Groups

Community groups will be an important part of achieving the construction of an indoor aquatic facility. The Bacchus Marsh Community Consortium is the main group pushing to have the facility constructed and the role of both Council and the Consortium needs to be clarified. At present the Consortium is pursuing its own design of the facility that may be a significantly different concept and site to that currently proposed. This suggests that there is little support for the design that Council has produced by that group. In addition, officers are being asked for information that has been gathered to help inform the design such as survey, geotechnical, flood levels, servicing etc. In principle, there is no problem with providing requested information to the Consortium however Council does have an adopted design. Therefore, an alternate concept design would need to be received in light of this. There are however some items that should be clear. It is the opinion of officers that the project needs to remain in the control of Council therefore it is recommended that the Consortium be advised that: • The development of the Bacchus Marsh Aquatic Centre is a Council

project • The site of the facility will be a Council decision • The design of the facility will be approved and signed off by Council • Any alternate design should come with a quantity surveyor cost plan

and operational cost plan • Further community consultation will be required on an alternate design

It has always been viewed that one of the main roles of community groups will be fund raising efforts to secure the $1M outlined in the funding model. This will be an important component of the funding model going forward. Therefore, an ongoing relationship with the Consortium or other community groups will be required with some parameters around roles and responsibilities. If and when an alternate concept is produced, it will need to be accompanied by quantity surveyor reports for capital along with a whole of life cost taking into account operation and maintenance. This will ultimately need to be presented to Council for consideration accordingly.

5. Timing & Funding

The recent unsuccessful funding applications require reassessment of whether the project is the highest priority project for Council in the short to medium term. There are many other major projects that could be progressed if this project was pushed out a number of years including the construction of Halletts Way. One thing to consider is that the cost plan includes expected cost escalations to end of 2015, beyond this the current cost plan may need to increase accordingly.


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At present, the state better pools funding program is available on an ongoing basis but the opportunity for federal funding which is currently proposed to be the major source of the funding does not look likely in the short term. It is therefore proposed that the aquatic centre remain a priority project but be put on hold until the next major funding opportunity presents itself. Policy Implications The 2013-2017 Council Plan provides as follows: Key Result Area Enhanced Infrastructure and Natural and

Built Environment Objective Ensure current and future infrastructure

meets the needs of the community

The proposal is consistent with the 2013-2017 Council Plan. Financial Implications The project is included in Council’s long term financial plan but relies on significant grant opportunities, special rates charges and community contribution. Feedback from the community indicates little support for a special charge scheme. If the project is delayed, this presents an opportunity for other major projects to be progressed however means the budget may be subject to cost escalations. Risk & Occupational Health & Safety Issues If progression of the project is delayed, there is a risk that the cost of the project could increase. Also, if the current architectural contract is terminated, a new procurement process would be required to progress the facility. There is a risk that previous design work would be lost along with the design costs incurred to date.

Communications and Consultation Strategy A community engagement process has been undertaken and used to adopt the current layout. If the project is delayed, this needs to be articulated to the community accordingly however if a new design is to be considered, a new engagement process should be undertaken. Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.


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Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Phil Jeffrey In providing this advice to Council as the General Manager, I have no interests to disclose in this report. Author – Phil Jeffrey In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion

The development of an indoor aquatic centre at Bacchus Marsh is an important social and recreational project for Moorabool Shire. Recent funding applications have not been successful and given the project relies on significant grant funds and that there is currently limited opportunity for some of the grants, the timing of the project should be considered. A schematic design of the facility has been completed and adopted and a contract remains in place to continue the development of the detailed design of the project. Given this relates to a contractual matter, a further report will be presented in the closed session of Council that addresses continuation of the design.

Resolution: Crs. Spain/Edwards That Council:

1. Confirms that the Bacchus Marsh Aquatic Centre remains a priority project for Council but the project be placed on hold until major funding opportunities present.

2. Discontinues further design of the Bacchus Marsh Aquatic

Centre until major funding opportunities present. 3. Use the schematic design and cost plans to continue to

advocate for funding of the project as opportunities present.

4. Recognises the importance of community groups including the Bacchus Marsh Community Consortium in achieving the construction of an indoor aquatic facility.

5. Confirms that the Bacchus Marsh Aquatic Centre is a

Council project and the site, scope, capital cost and operational cost remains a Council decision.

CARRIED.


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Report Authorisation

Authorised by: Name: Phil Jeffrey Title: General Manager Infrastructure Date: Wednesday, 30 April 2014


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9.4.2 Capital Improvement Program Quarterly Report – March 2014 Introduction File No.: 16/01/001 Author: Sam Romaszko General Manager: Phil Jeffrey Background The delivery of the Capital Improvement Program (CIP) is an important function of Council’s operations and represents a significant portion of Council’s overall expenditure. Accordingly, the status of the overall program is reported to Council every quarter. Proposal This quarterly report provides Council with an overview of the progress of Council’s 2013/2014 Capital Improvement Program to 31 March 2014. Implementation of the 2013/2014 Capital Improvement Program The 2013/2014 Capital Improvement Program currently consists of 74 projects, of which 16 are inactive or on hold and cannot commence. Previous reports listed 79 projects however RDAF5 projects have now been removed from the list. This list incorporates projects from various sources including but not limited to the following: • Projects carried forward from 2012/2013 program • 2013/2014 Council budgeted projects • Grant funded projects Also for simplicity sake the reseal, final seal, gravel road resheet and shoulder resheet programs have been listed as 4 projects in total rather than listing each individual road under each respective program. The Engineering Services Unit nominates 6 key stages of the project delivery process and will report with reference to these stages in regard to the overall program status. The table below summarises the overall program status as at 31 March 2014:


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CIP Program Delivery Stage

Actual as of 31 March 2014

No. of Projects

%

Not Commenced (inactive or cannot commence) 16 -

Not Commenced 0 0.0 Documentation/Design Preparation 1 1.7 Tender/Quote Stage 5 8.6 Project Awarded – Waiting Commencement 7 12.1 In Progress/Under Construction 25 43.1 Complete 20 34.5 TOTAL 58 100.00

The attached report details the proposed timeframe and progress of each individual project, and includes a status update on individual projects within the reseal, final seal, gravel road resheet and shoulder resheet programs. Program Status At this stage of the financial year the program is generally tracking well. 34% of the program is complete, and all major projects have been procured and are currently in the construction phase. Inactive Projects The following 5 projects have been removed from the program due to the funding program being no longer available. The projects however remain on the long term program for funding in future years. a. Maddingley Park Pavilion Improvements b. Ballan Recreation Reserve Improvements c. Wallace Pavilion Extension d. Bungaree Recreation Reserve Oval Irrigation e. Gordon Tennis Court Upgrade Therefore, of the 74 projects, there are 16 inactive projects. An overview is provided below and each is listed individually under one heading in the attached report; • 6 projects are subject to external funding and cannot commence until

successful matching grants are obtained. • 2 projects (funded via Notice of Motion) are currently on hold pending

finalisation of the scope of each project. • Notification of successful applications for funding has recently been

received for 3 projects however these will now be scheduled for delivery in the 2014/15 financial year.

• 5 projects are currently on hold pending further investigation or finalisation of the scope of each project.


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Predicted Carry Forwards The inactive projects referred to above will be carried forward into the 2014/15 financial year. In addition to this though, the projects below will not be completed by end of June and are proposed to be carried forward to the 2014/2015 financial year; Project Description Comments Ballan Depot relocation

- preplanning

Preliminary work has been undertaken and site opportunities are currently being investigated. Following the review and report to Council the project will progress into design phase.

BMCCH Public Toilet and Change Room Amenity

- preplanning

This preplanning project was on hold due to officers investigating the possibility of an integrated facility with the Darley Early Years Hub. Conceptual design of a new pavilion has commenced, with a review of plans currently underway.

With the exception of the inactive projects and the projects detailed above, the successful delivery of all other projects is progressing as programmed. Implementation of the Flood Recovery Program It was noted in the September 2013 report that flood projects would now be reported via the capital report. The table below lists the outstanding projects only. All flood projects are required to be completed by June 2014 with no extensions possible. Overall there has been extensive progress to date with approximately $21.4M work of works committed, in progress or complete. The restoration of Council’s walking trails, specifically along the Lerderderg River and Werribee River are the only outstanding works that have not been completed to date. One of the objectives of re-establishing walking tracks has been avoiding future major damage and minimising ongoing maintenance. This requires relocation of some sections and thus adds multiple levels of complexity that need to be resolved prior to any rectification works being undertaken.


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Officers are continuing to work through issues relating to the Lerderderg River and Werribee River walking trail restoration and bank stabilisation works and there are some current risks associated with completion, with an update on each component below; Path Location Current Status Werribee River Trail (west of Grant Street)

Approvals received except cultural heritage which will be received in May. Works have been awarded and will commence in May and be completed in June.

Lerderderg River Trail (west of Gisborne Road bridge)

Approvals received except cultural heritage which will be received in May. Procurement process has been undertaken and works to commence in May and be completed in June. The scope has been altered due to the golf club not permitting the construction of the path adjacent to its land.

Lerderderg River trail (east of Gisborne Road bridge)

A design and construct contract has been awarded for this section. Design and approvals are currently being undertaken concurrently and it is anticipated that construction will commence in May and be completed by end of June. There is still some risk associated with the delivery of this project.

Policy Implications The 2013-2017 Council Plan provides as follows: Key Result Area Enhanced Natural and Built Environment Objective Ensure current and future infrastructure

meets the needs of the community. Strategy Construct physical infrastructure to

appropriate standards. The Capital Improvement Program reporting is consistent with the 2013-2017 Council Plan. Financial Implications Reporting of the Capital Improvement Program has been resourced as part of Council’s budget; accordingly there are no additional financial implications. At this point in time, the program is within budget parameters with a probable favourable result. Risk & Occupational Health & Safety Issues There are no irregular Risk and Occupational Health and Safety issues identified in this report. Specific risk elements are analysed and dealt with as part of the delivery of each individual project.


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Communications Strategy Progress on the Capital Improvement Program will be reported in the following formats: • Infrastructure Update Weekly • Councillor Information Bulletin Monthly • Moorabool Matters Bi Monthly • Moorabool News Updates on Significant Progress • Capital Improvement Program Quarterly Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.

Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Phil Jeffrey In providing this advice to Council as General Manager, I have no interests to disclose in this report. Author – Sam Romaszko In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion This report provides a summary of the progress of the Capital Improvement Program for the third quarter of the 2013/2014 period for the information of Councillors.

Resolution: Crs. Spain/Toohey That Council receives the Capital Improvement Program quarterly report to 31 March 2014.

CARRIED.

The business of the Agenda returned to consider Item 9.2.2 Planning Permit Application No. PA2013-236.


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Report Authorisation Authorised by: Name: Phil Jeffrey Title: General Manager Infrastructure Date: Wednesday, 30 April 2014


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9.4.3 Lerderderg River Walking Trail – Adjacent to Bacchus Marsh Golf Club Introduction File No.: Author: Sam Romaszko General Manager: Phil Jeffrey Background During 2010 and early 2011 various severe weather events were experienced across the Shire resulting in widespread flood damage to Council’s infrastructure including roads, drains, bridges, walking trails, recreation reserves and buildings. The Lerderderg River walking trail (west of Gisborne Road bridge) is a key community and recreational asset and sustained significant damage during the floods. In some areas the trail is no longer visible due to extensive erosion which has resulted in the closure of the trail until such time an outcome can be achieved. Many sections of the trail are on private property and a section of the flood damaged trail runs through Bacchus Marsh Golf Club (BMGC) land. In 2004 when the existing path was established, Moorabool Shire Council and BMGC entered into a peppercorn lease agreement that gave Council the opportunity to construct a walking trail for use by the public along the Lerderderg River. Responsibilities were documented and are detailed below; 1. Public Liability MSC 2. Fencing

a. Construction MSC b. Maintenance BMGC

3. Track MSC 4. Weeds and Vermin Control MSC 5. Vehicle access MSC Since this time, Melbourne Water has become the responsible authority for the Lerderderg River corridor and as such, any works proposed now must conform to Melbourne Water requirements. One such requirement is that walking trails are not permitted below river flood levels without adequate risk measures in place. This has meant that because the existing trail alignment is below river flood levels for the majority of its length with steep embankments, an alternate alignment was required. Extensive investigation has occurred over the past sixteen months that has seen various options assessed for their suitability, with consideration to the following complexities; - River flood levels - Melbourne Water requirements - Cultural Heritage impacts - Native Vegetation impacts


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- Land owner approval - Ongoing maintenance requirements

The outcome of the investigation was the development of a proposed alternate route for the trail that seemed to satisfy all the complexities that existed along with stakeholder requirements. The alternate route was also informed by extensive consultation with all stakeholders, including BMGC and was possible within the available grant timeframe. In the end an overall trail was achievable along the river corridor for the full length between Links Road and Gisborne Road. This preferred option essentially included the relocation of the path adjacent to the BMGC to the top of bank. This was required to ensure the path was above the 1:10 year flood level to satisfy Melbourne Water’s requirements, ensure the safety of path users and to help mitigate ongoing damage to tracks each time the river flows at this level. The proposal also included construction of new fencing adjacent to the course including ball protection fencing at strategic locations to ensure the safety of path users. In addition, the works proposed to rectify significant erosion that occurred to the banks of the river near Robinsons Road to restore the path. The cost of this component alone is in the order of $300,000 and is the responsibility of the golf club. In principle approval was communicated to officers through the design development phase. However, in December 2013, members of the golf club committee expressed concerns regarding the final path alignment adjacent to fairways and greens. This came as a surprise to officers who were of the view that the golf club had been involved in the development of the design throughout. The main concerns included fencing impacts on the operation of the course, construction impacts, ongoing maintenance issues, pedestrian noise and illegal motorbike usage that the trail may generate. In an attempt to address the concerns of the BMGC, a number of meetings occurred and the design was amended as much as practicable to ensure the impact on the golf course was minimised without compromising on path user safety. The existing lease arrangement was also discussed and Council made a commitment to take over maintenance responsibilities of the new fence along the length of the trail in the event the project would proceed. Ultimately, a vote by BMGC members was required on the proposal to determine permission for the construction of the trail on the alternate route. On 07 April 2014, officers presented the final proposal to BMGC members, explained the scope of works, articulated the community benefits and golf club benefits and answered questions from members for an extended period. A vote on the proposal then ensued and officers have since been advised the proposal has been rejected which means construction of the path adjacent to the golf club cannot proceed.

In addition, a land owner at the east end of the trail between Victoria Street and Gisborne Road has advised that they are not willing to allow the path to be relocated out of the bed of the river due to the impacts it may have on that property. Again, this also means that construction of this section cannot proceed. The path will therefore connect into the existing pathway network in Riverbend Drive to provide connection to Gisborne Road.


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Proposal There are many constraints associated with the restoration of this recreational path along the Lerderderg River corridor. Extensive investigation occurred that identified an alternate alignment that could have been constructed by the June 2014 deadline. Despite the best endeavours of officers to achieve an overall link for the community, two land owners have not been willing to permit the construction of the path through their land on an alternate alignment. Therefore, the path cannot be reinstated along the full length of the river corridor as proposed. In the end, the following scope of works is what can be constructed by June 2014: • Links Road to Lerderderg River - drainage outfall rehabilitation works

including pathway to viewing platform • Granitic sand pathway from Robertsons Road to Riverbend Drive • Concrete pathway from Riverbend Drive, Nelson Street and Albert

Street to complete the Gisborne Road link This means there are two sections of the previous trail that will not be able to be reinstated by the flood recovery works being at the east end near Gisborne Road and adjacent to BMGC. Given these sections fall on private property and permission to undertake works has been declined, it leaves Council no choice but to abandon these sections of trail at this time. Abandoning these sections of path will mean removing them from the register of footpaths with no ongoing maintenance or repairs. Members of the public would use these sections at their own risk and signage will need to be placed providing such advice. Any peppercorn lease arrangements should be relinquished so Council does not have an ongoing obligation on land that does not provide a direct community benefit. Also, given that permission has not been granted to construct the path adjacent to BMGC, this means that the club will need to undertake bank stabilisation works in conjunction with Melbourne Water if the bank of the river erodes further. The future construction of these paths can remain on Council’s long term capital list but will be hard to achieve and will have to be funded by the capital program in the future. Policy Implications The 2013–2017 Council Plan provides as follows: Key Result Area Enhanced Infrastructure Natural and Built

Environment. Objective Ensure current and future infrastructure

meets the needs of the community.

Strategy Construct physical infrastructure to appropriate standards.

The proposal is consistent with the 2013-2017 Council Plan.


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Financial Implications There are no immediate financial implications associated with the recommendation within this report although if the missing sections were to be constructed in the future, funding would be required from Council’s capital works budget. Risk & Occupational Health & Safety Issues Risk Identifier Detail of Risk Risk Rating Control/s

Public Liability – Closure of path adjacent to BMGC

Public may still access walking trail

Medium-High

Signage and fencing at the entry and exit points of the trail will be erected, along with the removal of existing trails in the immediate vicinity.

Communications Strategy The reasons why the completion of this path cannot be achieved needs to be articulated to the community. It is proposed that media release and Moorabool Matter be used to inform the community. Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues. Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest.

General Manager – Phil Jeffrey In providing this advice to Council as the General Manager, I have no interests to disclose in this report. Author – Sam Romaszko In providing this advice to Council as the Author, I have no interests to disclose in this report.


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Conclusion The reinstatement of this key community and recreational asset is a significant project for Moorabool Shire and is not permitted in its current location by Melbourne Water due to the path being in a threatening environment and below the 1:10 year flood level. Officers have undertaken extensive investigation to provide a solution that would enable the link from Links Road to Robertsons Road to remain adjacent to the Lerderderg River, which would see the trail relocated to the top of bank adjacent to the golf course. Officers have worked with the BMGC Committee to work through their concerns and the design was amended as much as practicable to ensure to the impact on the golf course was minimised. Following a meeting with members to review the proposal where the community benefits were outlined, the BMGC voted against a path constructed at this location. This is a disappointing result for the community as the proposed works would have provided a major community asset that could be enjoyed by the whole community. Parts of the project will still be completed but will not provide a continuous link along the river corridor. Given two sections cannot be reinstated, these sections of path should be abandoned.

Resolution: Crs. Dudzik/Spain That Council;

1. Abandon the walking trail along the Lerderderg River at the

following locations: a. Adjacent to the Bacchus Marsh Golf Course b. From Riverbend Drive to Gisborne Road

2. Confirms the removal of these sections of walking trail from

the register of footpaths in the Road Management Plan as part of the annual update to the register

3. Relinquishes the current lease arrangement between

Moorabool Shire Council and Bacchus Marsh Golf Club for a walking trail along the Lederderg River for the use of the public.

CARRIED.



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9.4.4 Road Renaming Proposal – Bungal Dam Access Road, Mount Egerton Introduction File No.: 156 Author: Sam Romaszko General Manager: Phil Jeffrey Background Council recently received correspondence from a nearby property owner proposing the renaming of Bungal Dam Access Road, Mount Egerton, to Thynes Road. The road currently services six properties, two of which have residences, in addition to providing access to the Bungal Dam, owned by water authorities.

The proposal was submitted by a fifth generation descendant of the Thyne family, a family whom settled in the area in 1865 and had significant impact on the development and growth of the farming community in Mount Egerton. The descendants still farm land in the area. Second generation descendant Patrick Thyne served in the First World War. Upon Patrick returning from the War, he worked and participated in the local community. The proposed road renaming of Bungal Dam Access Road to Thynes Road is intended to commemorate the first settlers and also World War veterans in accordance with the Guidelines for Geographic Names 2010.


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Proposal On 28 February 2014, officers wrote to the seven affected property owners (including the water authority), providing a period of 28 days for the opportunity to submit feedback on the proposal. The following responses were received: Property Owner

Object/Support Residence Objection Basis

1 Support Yes - 2 Support No - 3 Support No - 4 Support No - 5 Object Yes Impact due to the requirement to

update address details 6 Object No That the road is currently

appropriately named 7 No response No - The proposal meets the criteria under the Guidelines for Geographic Names 2010 and supports the ANZAC Commemorative Naming Scheme. There are two residences along Bungal Dam Access Road of which an objection was received. In this instance, it is the officers recommendation to retain the existing road name of Bungal Dam Access Road. Policy Implications The 2013–2017 Council Plan provides as follows: Key Result Area Enhanced Infrastructure and Natural and

Built Environment Objective Ensure current and future infrastructure

meets the needs of the community

Strategy Provision of safe and effective transport networks

The proposal is consistent with the 2013-2017 Council Plan. Financial Implications There are no financial implications associated with the recommendation within this report. Risk & Occupational Health & Safety Issues There are no irregular Occupational Health & Safety issues associated with the recommendation within this report.


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Communications and Consultation Strategy There is no communication required as a result of this report other than notification to property owners that the current road name will be retained. Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues. Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Phil Jeffrey In providing this advice to Council as the General Manager, I have no interests to disclose in this report. Author – Sam Romaszko In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion Council recently received correspondence from a resident proposing the renaming of Bungal Dam Access Road, Mount Egerton, to Thynes Road to commemorate the first settlers and also World War veterans. Although the proposal meets the criteria under the Guidelines for Geographic Names 2010 and supports the ANZAC Commemorative Naming Scheme, objections have been received and in this instance, it is Officer’s recommendation to retain the road name Bungal Dam Access Road. Recommendation: That Council retains the road name of Bungal Dam Access Road, Mount Egerton.

Resolution: Crs. Toohey/Dudzik That Council rename this road with the appropriate advice to land owners, to recognise the heritage of the area being named Thynes Road.

CARRIED.


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9.5 CORPORATE SERVICES

9.5.1 Review of Procurement Policy Introduction File No.: 03/01/007 Author: Jacinta Erdody General Manager: Shane Marr Background In accordance with section 186A(7) of the Local Government Act:

“at least once in a financial year, a Council must review the current procurement policy and may, in accordance with this section, amend the procurement policy.”

The existing Council Procurement Policy was first adopted 18 November 2009 and in accordance with legislative requirements has continued to be reviewed on an annual basis. The last formal review and adoption of the policy was 3 April 2013. A review of the existing policy has been undertaken by the internal Procurement Steering Group (a cross functional committee that has been established to oversee all procurement related matters). Proposal As a result of the review, there is only a couple of minor adjustments being proposed, which will not affect the overall intent of the policy. The revised policy is presented as an attachment to this report. The key change being proposed to the policy being the revised wording for required number of quotes being requested versus obtained.

This policy will continue to be reviewed on an annual basis.

Policy Implications The 2013–2017 Council Plan provides as follows: Key Result Area Representation and Leadership of our

Community Objective Good governance through open and

transparent processes and strong accountability to the community.

Strategy Ensure policies and good governance

are in accordance with legislative requirements and best practice.


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Financial Implications The adoption of the revised Procurement Policy has no additional known financial implications to Council. Risk & Occupational Health & Safety Issues As the annual review of this policy is legislated, there is a risk of non-compliance with the Local Government Act if this policy is not reviewed annually.

Communications Strategy Once Council has adopted the revised Procurement Policy, the updated document will be communicated to all staff and will be placed on Council’s website.

Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues. Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Shane Marr In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Jacinta Erdody In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion After considering the revised Procurement Policy, Council resolve to adopt the document.

Resolution: Crs. Toohey/Spain That Council adopts the revised Procurement Policy (CS009/Version 005).

CARRIED.


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Report Authorisation Authorised by: Name: Shane Marr Title: General Manager Corporate Services Date: Wednesday, 16 April 2014


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9.5.2 Revised 2013-2017 Council Plan Introduction File No.: 02/02/002 Author: Natalie Abbott General Manager: Shane Marr Background Council adopted the Council Plan 2013-2017 at the Ordinary Meeting of Council held on 19 June 2013. Proposal A review of the Council Plan has been conducted which has resulted in changes to the document. In accordance with Section 125 of the Local Government Act 1989 (the Act) Council must consider whether the Council Plan requires any adjustment and if there are adjustments Council must seek public submissions under Section 223 of the LGA. The Council Plan has been reviewed by Councillors and officers and changes have been made to the strategies under each Key Result Area to reflect the Council activities in each area. The actions supporting the Council Plan have been updated and the performance measures have been updated to reflect the changes to the customer satisfaction survey and reviewed to ensure that they are relevant to the key result areas. The reviewed 2013-2017 Council Plan (2014 revision) is shown in Attachment 9.5.2. Policy Implications The 2013–2017 Council Plan provides as follows: Key Result Area Representation and Leadership of our

Community Objective Good governance through open and

transparent processes and strong accountability to the community.

Strategy Ensure policies and good governance

are in accordance with legislative requirements and best practice.

The proposal is consistent with the 2013-2017 Council Plan.


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Financial Implications In accordance with Section 126 of the Local Government Act 1989, Council has prepared the attached Strategic Resource Plan that details the resources required to achieve the objectives and strategies outlined in the 2013-2017 Council Plan. The Strategic Resource Plan includes the following information in respect of next 5 financial years: • the standard statements describing the required financial resources in

the form and containing the information required by the regulations; and

• statements describing the required non-financial resources, including human resources.

This five-year forecast is Council’s accountability to the community in the way it will deliver on the 3 key result areas as set out in the 2013-2017 Council Plan (2014 revision) being: 1. Representation and Leadership of our Community 2. Community Wellbeing 3. Enhanced Infrastructure and Natural and Built Environment The Strategic Resource Plan for each financial year is subject to final determination as part of Council’s Annual Budget process. Risk & Occupational Health & Safety Issues No risk and occupational health and safety issues have been identified.

Communications and Consultation Strategy Under section 125 (9) of the Local Government Act 1989, a person has a right to make a submission under section 223 on a proposed adjustment to a Council Plan which relates to the following matters: • the strategic objectives of the Council; • strategies for achieving the objectives for at least the next 4 years; • strategic indicators for monitoring the achievement of the objectives; Public notice of the revised Council Plan will be placed in The Moorabool News and members of the community will have 28 days to make a submission. Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.


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Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Shane Marr In providing this advice to Council as the Chief Executive Officer, I have no interests to disclose in this report. Author – Natalie Abbott In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion

The 2013-2017 Council Plan (2014 revision) and Strategic Resource Plan are presented for Council to place on public exhibition to commence public consultation.

Cr. Sullivan entered the meeting 5.34pm.

Resolution: Crs. Edwards /Toohey

1. That, having considered the details of the Council Plan

2013-2017 (2014 revision) appended to this report, Council, in accordance with the requirements of Part 6 Section 125 and 126 of Local Government Act 1989

1.1 authorises the Chief Executive officer to give public

notice that the Council Plan 2013-2017 (2014 revision) has been prepared and is available for public inspection; and

1.2 gives public notice and have ready for public inspection all prescribed information to be available from 13 May 2014 until 10 June 2014.

2. That Council resolves to allow 28 days for submissions to

be made by members of the public and that all submissions are to be made in the prescribed manner. Council will hear submissions on Wednesday 18 June 2014 at a Special Meeting of Council to be held in the James Young Room, Lerderderg Library, 215 Main Street, Bacchus Marsh commencing at 5pm.

3. That in accordance with Section 125 of the Local

Government Act 1989, Council resolves to notify and place on public notice its intention to consider the adoption of the Council Plan 2013-2017 (2014 revision) on Wednesday 2 July 2014 at the Ordinary Meeting of Council to be held in the Ballan Council Chambers, 15 Stead Street, Ballan commencing at 5pm.

CARRIED.


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Report Authorisation Authorised by: Name: Shane Marr Title: General Manager Corporate Services Date: Wednesday 16 April 2014


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9.5.3 Third Quarter (January - March) Report – 2013/14 Council Plan Actions Introduction File No.: 02/02/002 Author: Michelle Morrow General Manager: Shane Marr Background The 2013-2017 Council Plan was developed and adopted by Council in June 2013. As part of the development of the framework of the Council Plan, Council determines appropriate actions which will support the framework, delivering agreed outcomes for the Community.

The Council Plan outlines three key result areas (KRA) or main themes that guide new initiatives and continuing services these being: • Representation and leadership of our community; • Community Wellbeing; and • Enhanced infrastructure and Natural and Built Environment. Each KRA has a set of strategic objectives or desired outcomes with sets of strategies to be undertaken over 4 years to achieve the objectives. All Council actions aligned with the strategies are linked back to the Council Plan. The Council Plan is reviewed annually. Discussion The attached 2013/14 Council Plan Actions Third Quarter Progress Report indicates each of the actions and the progress comments for the 2013/14 Financial Year. Overall there are 23 actions with 17 actions tracking on time to set schedules for the third quarter. Three actions have been completed.

The progress relating to the Detailed Design of the early years hub which is showing as behind schedule at this time is currently awaiting further concept work to be undertaken. This work is currently being undertaken and following this concept work the detailed design will commence. In relation to the traffic and transport study for Bacchus Marsh which is showing as behind schedule at this time, officers were liaising with VicRoads in relation to a Smart Roads study that would inform the study for Bacchus Marsh, prior to progressing with this action. This action has now commenced. The Municipal Early Years Plan action is indicating a low completion percentage against the allocated target due to the project being delayed. Whilst a project plan and community engagement plan have been completed for the development of the Municipal Early Years Plan and a consultant engaged to assist with further progression of the Plan, the project hasn't been able to be progressed as originally planned. The plan will be prepared in the next financial year


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Proposal This report is to inform Council and the community on the progress of key Council Plan actions for 2013/14. Policy Implications The 2013–2014 Council Plan provides as follows: Key Result Area Representation and Leadership of our

community Objective Effective strategic and business planning

for a growing community

Strategy Development of service plans that link service delivery, asset management and business excellence.

Financial Implications There are no financial implications from this report. All projects being delivered have been allocated a budget. Risk & Occupational Health & Safety Issues There are no Risk or Occupational Health and Safety issues in relation to this report.

Communications and Consultation Strategy Specific projects may have their own communications strategy nevertheless this report will be displayed on Council’s website and the annual progress will be reported in Council’s Annual Report. Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues. Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Shane Marr In providing this advice to Council as the General Manager, I have no interests to disclose in this report.


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Author – Michelle Morrow In providing this advice to Council as the Author, I have no interests to disclose in this report.

Conclusion Council is making progress in all areas of the Council Plan. Of the 23 actions for this third quarter 17 actions are tracking on time to set schedules for this quarter. Three actions have been completed. The remaining 3 actions, whilst not progressing to schedule, are being monitored.

Resolution: Crs. Sullivan/Edwards That Council receives the 2013/14 Council Plan Actions Third Quarter (January - March) Progress Report.

CARRIED.



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9.5.4 Request for Cancellation of Agricultural Licence, Lohs Lane, Myrniong Introduction File No.: 388(1) Author: Michelle Morrow General Manager: Shane Marr Background Council has received a request from the property owner of 104 Lohs Lane, Myrniong requesting Council’s consideration to cancel an agricultural licence 0703869 over a portion of Lohs Lane, Myrniong which provides sole access to this owner’s property as shown on the attached plan. The owner of 104 Lohs Lane purchased the property in 2002 with the knowledge that a licence over this portion of Lohs Lane was in existence and that a swinging gate was required to be open and closed as per the conditions of the licence. The holder of the Agricultural Licence resides at 70 Lohs Lane and also owns property at 89 Lohs lane to the north. In 1991, the Bacchus Marsh Shire in accordance with provisions under Part 13 of the Land Act 1958 and by signing a Schedule 125, resolved to declare the portion of Lohs Lane (north of CA73 and CA73A) not required for public traffic therefore providing the Department of Conservation and Environment with the opportunity to grant a licence. As a result, the Department granted a 99 year lease. This Licence also included an unused road east of what is now identified as Lot 5 on PS422421. In 1999 the land, highlighted in green on the attached map, was subdivided into 5 lots on Plan of Subdivision 422421W. In 2012 the Department of Sustainability and Environment (now known as Department of Environment and Primary Industries - DEPI) approved a transfer of this agricultural licence from the original licence holder to another direct family member being the current Licensee. Lohs Lane, up to the gate where the current licence applies, is currently listed on Council’s Road Management Plan Road Register as an A2 Gravel Rural Road of 1.070kms. Council’s garbage contractor currently collects the bins for 104 Lohs Lane approximately in front of 73A Lohs Lane which is Crown Land owned by DEPI and provides entry to the Lerderderg Forest. This is where the garbage contractor turns around to exit Lohs Lane.

The owner of 104 Lohs Lane has stated a number of reasons as to why Lohs Lane should be re-opened including unhindered access to a rate paying property; fire maintenance as this road is the only way in and out and the property abuts a State park; garbage services; road maintenance; access for deliveries, visitors to their property and access for the general public. It is also claimed that the lane is not required to move stock as it once was prior to the subdivision.


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The Licensee has also written to Council in objection to the cancellation of the licence and re-opening of the road which have been taken into consideration and are addressed as follows: Possession of a 99 year grazing licence for agricultural purposes A licence over an unused road provides personal permission to enter and use the land for a specific purpose and does not offer exclusive use to the licensee. All government roads are ‘public highways’ including unused roads. A public highway is land over which any member of the public has a right to come and go in the course of their lawful business. Where an objection is raised to a cancellation of a licence, it must be remembered that the primary purpose of the road reserve is to support traffic movement and to allow access to abutting properties (Section 20 of the Road Management Act 2004). Council’s determination of this matter is under Section 407 of the Land Act 1958 and is solely to determine if it is ‘desirable in the public interest’ that the licence be cancelled. Should Council determine that it is desirable in the public interest that the licence be cancelled then DEPI (under delegation from the Minister) would be notified with the final decision resting with the Department. The road would then become road within the meaning of the Road Management Act 2004 and a municipal road within the meaning of the Act but not a public road that Council would maintain. Section 107 of the Road Management Act 2004 specifies:

A road authority does not have a statutory duty or a common law duty to perform road management functions in respect of a public highway which is not a public road or to maintain, inspect or repair the roadside of any public highway (whether or not a public road).

Consideration in this instance needs to be given in regard to ongoing maintenance of this additional 500m of road. For Council to undertake ongoing inspections, maintenance and repairs, the road needs to be declared as a public road by adding it to the register of public roads as part of the Road Management Plan. An assessment of this 500m length of Lohs Lane in accordance with the criteria as stated in the Road Management Plan has occurred and it meets the criteria where Council would consider ongoing maintenance. Therefore it is proposed that the road be declared a public road and therefore listed on Council’s road register and managed according to the hierarchy level of an A2 gravel road should the licence be cancelled. Threat to conservation aspects of the Lerderderg State Forest The matter pertaining to a threat to conservation aspects of the Lerderderg State Forests rests with the Department of Environment and Primary Industries and is not a matter in which Council may determine. Any threat to areas in the forests which may be protected will be reviewed by DEPI when consideration of the cancellation is undertaken.


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Impact to Council garbage collection Confirmation from DEPI has been received that should the Licence be cancelled Crown Land would not be required to be fenced therefore allowing Council Garbage contractors to turn and exit Lohs Lane. A waste of taxpayers/ratepayers money to perform works by maintaining a road to one landowner This matter would be dependent upon assessment of the road at the request or need of the residents.

Proposal Any person may submit a request to Council or DEPI that a grazing licence (or portion thereof as applies to this matter) held over a section of road in the municipality be cancelled. Section 407 of the Land Act 1958 – Re-opening of a Licensed Closed Road provides as follows:

407. Re-opening of licensed closed road or water frontage

(1) If a municipal council considers that it is desirable in the public interest that a licence under Division 8 of Part I or section 138 of this Act in respect of any unused road in the municipal district of that municipal council should be varied or cancelled it shall so inform the Minister or any person authorized to grant licences and the Minister or that person, may, after three months’ notice has been given to the licensee, vary or cancel the licence.

(1A) If the Minister considers that it is desirable in the public interest that a licence under Division 8 of Part I or section 138 of this Act in respect of any water frontage should be cancelled he may after three months’ notice has been given to the licensee cancel the licence.

(1B) Where a licence has been cancelled under sub-section (1) the land to which that licence related shall cease to be an unused road for the purposes of this Act.

Evidence researched to assist Council determining whether it is desirable in the public interest that a licence should be cancelled has been sourced from a judgment handed down in the Supreme Court (Johnson v Moyne Shire Council 2012) which states:

The notion of public interest is derived from the concept of “public traffic”. The relevant distinction is between the private use for agricultural purposes by the licensee and an alternative use for movement or traffic from one place to another. As soon as any person other than the licensee, even a single landholder, seeks access to the unused road for a legitimate purpose of movement from where the road begins to where the road ends, there is “public traffic”.


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Upon the author seeking advice from the Department of Environment and Primary Industries, it was advised that the landowner of 104 Lohs Lane, should have unobstructed legal access to their property. As soon as the statement of compliance on the plan of subdivision 422421W undertaken in 1999 was signed, the licence held over the portion of Lohs Lane should have been cancelled.

When considering matters to be taken into account deciding that a road is “not required for traffic” or access or other legitimate purposes, the General Manager of Infrastructure or Manager Assets will normally reject an application where a road reserve identifies with a number of criteria of which the following applies to this matter:

• Connects into and potentially forms a part of the wider network

of public roads in or adjacent to residential, rural residential or industrial zones.

• Is currently used by traffic (vehicular, equestrian or pedestrian) other than traffic generated by the adjoining properties, to access properties or crown land.

• Is the only potential public road access to a land-locked property regardless of whether the property is held in joint ownership with adjoining properties which have road access.

Based upon the evidence obtained it is proposed that Council in accordance with section 407 of the Land Act 1958 determines that it is desirable in the public interest that Agricultural Licence 0703869 over the portion of Lohs Lane Myrniong situated north of CA73 and CA73A under Division 8 of Part I or section 138 of this Act be cancelled and shall so inform the Minister or any person authorised to grant licences of its decision. This determination will only apply to the licence held over the portion of Lohs Lane Myrniong situated north of CA73 and CA73A. It is proposed that the remaining portion of the licence on the unused road east of Lot 5 on PS422421 will not be cancelled.

Policy Implications The 2013 - 2017 Council Plan provides as follows: Key Result Area Enhanced Infrastructure and Natural and

Built Environment Objective Ensure the current and future

infrastructure meets the needs of the community

Strategy Provision of effective and safe transport

networks The proposal to consider under section 407 of the Land Act 1958 that it is desirable in the public interest that a licence be cancelled is consistent with the 2013-2017 Council Plan.


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Financial Implications There are no financial implications in relation to consideration under section 407 of the Land Act 1958 that it is desirable in the public interest that a licence be cancelled. Should the licence be cancelled by Department of Environment and Primary Industries, Council will incur ongoing maintenance costs if this portion of Lohs Lane is maintained in accordance with Council’s Road Management Plan. It is noted this length would require an upgrade into the future and it is recommended to be included in Council’s Capital Improvement Program gravel road resheeting program accordingly. Risk & Occupational Health & Safety Issues

Risk Identifier Detail of Risk Risk

Rating Control/s

Community Safety Egress of residents during emergency situations

Medium Removal of swinging gate through cancellation of agricultural licence

Community Engagement Strategy Having received a written objection from the Licensee, officers have considered and addressed each matter raised. The owner of 104 Lohs Lane has notified officers of his reluctance to mediate and consider the Licensee’s proposed solutions. Both parties have been provided the opportunity to address Council at its Ordinary Meeting in relation to this matter. Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.

Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Shane Marr In providing this advice to Council as the General Manager, I have no interests to disclose in this report.

Author – Michelle Morrow In providing this advice to Council as the Author, I have no interests to disclose in this report.


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Conclusion Based upon the evidence obtained it is recommended that Council in accordance with section 407 of the Land Act 1958 determines that it is desirable in the public interest that Agricultural Licence 0703869 over the portion of Lohs Lane Myrniong situated north of CA73 and CA73A under Division 8 of Part I or section 138 of this Act be cancelled and shall so inform the Minister or any person authorised to grant licences of its decision. It is also proposed that the road be declared a public road and therefore listed on Council’s road register and managed according to the hierarchy level of an A2 gravel road should the licence be cancelled.

Consideration of Presentation Ms. Monica Bartels addressed Council in relation to the request for cancellation of agricultural licence, Lohs Lane, Myrniong. Mr. Scott Fisher addressed Council in relation to the request for cancellation of agricultural licence, Lohs Lane, Myrniong.

Recommendation: That Council: 1. Considers it desirable in the public interest that Agricultural

Licence 0703869, over the portion of Lohs Lane Myrniong situated north of CA73 and CA73A, under Division 8 of Part I or section 138 of the Land Act 1958 be cancelled and as a result will notify the Minister for Environment and Climate Change (Department of Environment and Primary Industries) of its decision.

2. Notifies the Minister for Environment and Climate Change

(Department of Environment and Primary Industries) that the remaining portion of the licence on the unused road east of Lot 5 on PS422421 should not be cancelled.

3. Adds the portion of road situated north of CA73 and CA73A on

Lohs Lane to the register of public roads as part of the annual update if the licence is to be cancelled by Department of Environment and Primary Industries.

Resolution : Crs. Dudzik/ That Council leave current licences and arrangements in place and that Council Officers review signage and request appropriate changes.

The Motion was lapsed due to the want of a Seconder.


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Resolution : Crs. Toohey/Dudzik.

1. That Council considers it not desirable or in the public

interest that Agricultural Licence 0703869, over the portion of Lohs Lane Myrniong situated north of CA73 and CA73A, under Division 8 of Part I or section 138 of the Land Act 1958 be cancelled and as a result will notify the Minister for Environment and Climate Change (Department of Environment and Primary Industries) of its decision to not cancel this licence.

2. That Council encourage both parties to come to a common sense agreement on times for gate closure and appropriate signage at the entrance, and to advise the residents that live beyond the gate.

CARRIED.



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9.5.5 Rating Strategy - May 2014 Introduction File No.: 09/02/010 Author: Steven Ivelja – Manager Finance General Manager: Shane Marr – General Manager Corporate

Services Background Council last formally adopted a Rate Strategy on 6 April 2011. Although this strategy was not formally due to expire until 5 April 2015, Council resolved to bring the review of the strategy forward and ensure that it was completed for incorporation into the 2014/15 annual budget.

The proposed review of the strategy has resulted in a number of workshops with Councillors, covering a broad spectrum of rate issues encompassing legislative requirements through to the specifics of the Moorabool rate structure. On 2 October 2013, a project plan was presented to Council. The project plan was prepared outlining a number of workshops with Councillors and key project milestones. Some of the issues considered in developing the rating strategy included;

• Municipal Charge; • Review of Categories; • Review level of farm rate – other Council’s which have a lower level

farm rate; • Explore incentives for vacant land for first home builders • Review rural and residential accounts to determine additional burden

should any Council rebates be considered; • Consider Local farmer rebate – not entitled to farm properties owned

by non MSC clients/businesses; • Look at investment non owner occupied properties – consider

alternative rate; • Consider rating on Site Value

The first workshop commenced on 4 December 2013 with a presentation from Councils Municipal Valuers in relation to Valuation principles and associated issues. In addition to this, Council was provided with an overview of the Local Government Act 1989 and associated guidelines associated with the levying of rates and charges. Further to these discussions, some high level rate analysis was performed which allowed the Council to investigate a number of rating models and assumptions including;

• Investigation of different valuation bases (Site value and Net annual

value) • Investigation of uniform rates, limited differential rates and differential

rates • Investigation of a municipal charge


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• Investigation of potential costs / benefits of providing additional rate rebates

• Investigation of current structure of service rates and charges

On 12 February 2014, the second rating strategy workshop was convened. The second of the strategic workshops focused on the presentation of the results of the rating strategy benchmarking analysis in addition to the presentation of 5 rating model proposals. In undertaking the benchmarking analysis, Moorabool Shire considered the rating structure of the following benchmarking partners;

Council Council Council Ararat Hepburn South Gippsland Campaspe Macedon Surf Coast Colac Otway Mitchell Swan Hill Corrangamite Moira Wellington Golden Plains Moyne

The analysis of 2013/14 budgets of the above Councils obtained the following information: • What the average valuation and rates in each category was (excluding

all garbage charges); • Whether the Council levied a Municipal Charge as part of their rate

structure; and • What level each Council levied the differential rates at.

Although there were a range of differential rates levied across the analysis group of Council’s, the key areas that the benchmarking focused on was as follows: • General/Residential; • Residential Retirement Village; • Commercial/Industrial; • Commercial/Industrial Vacant Land • Farm; • Vacant Land categories

The benchmarking document was used in conjunction with the Council feedback from workshop 1 to provide a basis for the rate model proposals. As a result of workshop 2, a number of refinements to the 5 rate model proposals was discussed which culminated in a special meeting of Council on 19 February 2014 to endorse the draft rating strategy and rating strategy options for the purpose of public consultation.

The proposals As part of the Rating Strategy review, Council discussed the option of implementing a Municipal Charge. As part of the comprehensive benchmarking exercise conducted to support the Rating Strategy, it had been identified that most benchmarked councils (11 out of the 15 or 73%) had employed a municipal charge to assist with the distribution of the rates burden. (in Victoria, 45 out of 79 councils i.e. 57% of councils have a


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municipal charge). The average municipal charge for the benchmarked councils was $204. In addition to the proposal of implementing a municipal charge, Council also carefully considered the various rating categories and the current rating differentials as they were applied and considered whether the imposition of the current rating differentials were equitable and justified in light of current circumstances. A high level summary of the 5 rate model proposals are presented in the following table;

Financial Impact of the Rate Model Proposals The following table shows the average rates and charges by rate category that would be incurred under each of the rate model proposals as compared to the current level of rates. The table demonstrated the financial trade off that occurs either by way of progressively implementing a municipal charge (proposals 2, 3 and 4) or by lowering the rating differentials for certain categories (proposal 5). The information as presented did not include any provision for rate increases that would possibly occur as part of the 2014/15 budget.

Rate Model proposals

Current Rates

Strategy Proposal 2 Proposal 3 Proposal 4 Proposal 5Is a Municipal Charge proposed? No Yes Yes Yes NoMunicipal Charge Amount $0.00 $77.00 $153.97 $307.94 $0.00Are rate differentials proposed to be altered? No No No No Yes

Rating differentials proposed to be altered - Farm Rate No Change No Change No Change No Change from 0.8 to 0.6 - Extractive Industry Rate No Change No Change No Change No Change from 3.2 to 2.4 - Vacant land Commercial / Industrial No Change No Change No Change No Change from 2.6 to 2.4 - Vacant land RZ1 / RZ2 No Change No Change No Change No Change from 2.5 to 2.4 - General Rate No Change No Change No Change No Change No Change

- Vacant Land - General No Change No Change No Change No Change No Change

- Vacant land FZ or RCZ No Change No Change No Change No Change No Change

- Commercial / Industrial No Change No Change No Change No Change No Change

- Residential Retirement No Change No Change No Change No Change No Change

Average Rates analysis for different rates proposals

Rate Category

Number of

Properties

Current Level of Rates Proposal 2 Proposal 3 Proposal 4 Proposal 5

General 11,187 1,333.59 1,343.88 1,354.20 1,374.81 1,387.75 Residential Retirement Village 106 723.78 764.66 805.46 887.04 753.28

Commercial/Industrial 512 3,039.53 2,964.50 2,889.55 2,739.57 3,162.99 Vacant Land Commercial/Industrial 71 2,493.79 2,446.06 2,398.38 2,302.98 2,395.46

Extractive Industry 14 20,313.93 19,374.97 18,436.51 16,559.09 15,854.26

Farm 1,507 1,990.28 1,936.21 1,882.19 1,774.09 1,553.35

Vacant Land General 587 1,391.63 1,399.09 1,406.51 1,421.31 1,448.24 Vacant Land FZ or RCZ 647 892.23 924.59 956.98 1,021.73 928.46 Vacant Land R1Z or R2Z 641 1,806.39 1,793.12 1,779.81 1,753.13 1,804.66


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As an example, residential properties in Moorabool currently pay on average $1,333.59 in rates. Under each of the alternative proposals presented for consultation, the following outcomes will occur under each of the alternative rate model proposals; Proposal 1 - Average residential rates will not change from their current levels (i.e. $1,333.59) Proposal 2 - Average residential rates will increase to $1,343.88 on average per property Proposal 3 - Average residential rates will increase to $1,354.20 on average per property Proposal 4 - Average residential rates will increase to $1,374.81 on average per property Proposal 5 - Average residential rates will increase to $1,387.75 on average per property When presented in percentage terms, the relevant percentage increase proposed for each category was show as below;

Following on from this, Council endorsed the draft rating strategy and the 5 rate model proposals for public consultation on 19 February 2014. Public Consultation and results As part of the endorsement of the draft rating strategy, Council endorsed the consultation strategy. In addition to a direct mail out to all residents, print media advertising and an online survey via the ‘Have you say moorabool’ portal, Council also sought feedback from the community at the following community events;

• Bacchus Marsh Harvest Festival - March 16 • Myrniong Music in the Park - March 22 • Ballan Autumn Festival - March 23

Rate Category

Number of

Properties

Current Rates

Strategy Proposal 2 Proposal 3 Proposal 4 Proposal 5

General 11,187 0.00% 0.77% 1.55% 3.09% 4.06%Residential Retirement 106 0.00% 5.65% 11.29% 22.56% 4.08%

Commercial/Industrial 512 0.00% -2.47% -4.93% -9.87% 4.06%Vacant Land Commercial/Industrial 71 0.00% -1.91% -3.83% -7.65% -3.94%

Extractive Industry 14 0.00% -4.62% -9.24% -18.48% -21.95%

Farm 1,507 0.00% -2.72% -5.43% -10.86% -21.95%

Vacant Land General 587 0.00% 0.54% 1.07% 2.13% 4.07%Vacant Land FZ or RCZ 647 0.00% 3.63% 7.26% 14.51% 4.06%Vacant Land R1Z or R2Z 641 0.00% -0.73% -1.47% -2.95% -0.10%


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In terms of public consultation a significantly higher level of engagement with the community was achieved in comparison to the Rating Strategy review conducted in 2011 when only 2 submissions were received. As part of the 2014 rating strategy consultation the following results were achieved;

• 293 Site Visits to ‘Have Your Say’ • 180 people downloaded the survey information documents • 57 people downloaded the Draft Rate Strategy Document • 71 surveys were completed

– 43 online surveys at ‘Have your say’ – 28 at Community Events

On 9 April 2014, a third rating Strategy workshop was convened with Council to present the results of the community consultation process. In relation to the community consultation results, a high level snapshot revealed the following conclusions from respondents;

• 78.3% of respondents felt that the current rate categories resulted in

an appropriate apportioning of rates across the municipality • 79.7% of respondents felt that there were an appropriate number of

categories • 72.3% of respondents felt that the level of each category was

appropriate • 81.6% of respondents supported the current rating strategy as their 1st

preference • 66.6% of respondents supported rate proposal 2 as their second

preference

As shown above, the majority of respondents supported the current rating strategy as their preferred rating structure going forward. Furthermore, as shown in the table below, 58 out of 71 respondents (or 81.6%) supported the current rating structure;

Category Current Proposal 2

Proposal 3

Proposal 4

Proposal 5

Total

Residential 53 1 2 3 2 61

Farm 3 1 1 2 7

Overall 58 2 2 4 5 71

In summary, the results of the community consultation have demonstrated the community support the current rating structure in comparison the alternative proposals put forward as part of the rating strategy review. On 23 April 2014, a fourth and final Rating Strategy workshop was convened. At the final Rating Strategy workshop, Councils Municipal Valuers presented a strategic overview of the results of the 2014 municipal revaluation. The key areas covered by the fourth workshop included;

• Council’s municipal valuers presented to Council the results of the

2014 municipal revaluation.


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• Presentation to Council of the results of the 2014 Municipal revaluation and compare the impact of the 2014 revaluation on the Draft Rate Strategy.

• Council to consider the draft rating strategy in light of the impact of the 2014 Municipal revaluation

Policy Implications The 2013–2017 Council Plan provides as follows:

Key Result Area Continuous improvement in Council Services Objective Effective strategic and business planning for a

growing community

Strategy Develop, implement and maintain relevant strategic and business plans.

The proposal to adopt Council’s Rate Structure is consistent with the 2013-2017 Council Plan. Financial Implications As per the appended Rating Strategy proposals, each of the 5 rating model proposals will have a different impact on different classes of properties depending on the proposal adopted by Council. Additionally, the rating proposals exclude the impact of any rate increases which the Council may choose to levy as a result of the 2014/15 budget process. Furthermore, every 2 years Council is required to revalue all properties in the municipality. As a result, depending on the valuation movements of individual properties, some properties may experience a rate decrease whilst other properties may experience a higher rate increase. Risk & Occupational Health & Safety Issues There are no identified risks or occupational health and safety issues identified with this initiative. Community Engagement Strategy As part of the Rating strategy review, the following consultation has taken place;

Level of Engagement

Stakeholder Activities Date Outcome

Collaborate Councillors Attending workshops and providing feedback and suggestions from the community and their own experiences

Various Councillors provided feedback and direct guidance in formulating proposal


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Revenue Services

Maintaining project plan, preparing workshop presentations, providing input from ratepayer feedback and knowledge of legislative constraints

Throughout project

A draft rate strategy that is in accordance with legislative and guideline constraints that can be administered within rating system

Consult Councillors Via Workshops Various A draft rate strategy that is understood and explainable to the community

Community Direct mail out to all ratepayers advising of Rate Strategy and encouraging feedback from community

Between mid-February 2014 to mid-March 2014

A rate strategy which has sought as much community feedback as possible

Media – public notice within Ballarat Courier, Moorabool News and information within Moorabool Matters On line survey Have your say and Moorabool website

Direct communications via correspondence with Ballan Chamber of Commerce and Rural Advisory Committee

Involve Community Have your say website

Between 25 February 2014 to 25 March 2014

A rate strategy which has reviewed and considered feedback from stakeholders

Rural Advisory Committee

Direct communication encouraging feedback via Budget allocator

Ballan Chamber of Commerce

Direct communication encouraging feedback via Budget allocator

As part of the community consultation, Council also sought feedback from the community at the following community events;

• Bacchus Marsh Harvest Festival - March 16 • Myrniong Music in the Park - March 22 • Ballan Autumn Festival - March 23


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Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues. Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Shane Marr – General Manager Corporate Services In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Steve Ivelja – Finance Manager In providing this advice to Council as the Author, I have no interests to disclose in this report.

Conclusion Through the workshops with Council, the established rating categories have undergone a thorough review. Additionally, a range of models with varying charges and changes in level of rates has been considered, an analysis on utilizing a valuation base other than the CIV was considered in addition to the potential for the introduction of a municipal charge. As a result of these deliberations at a Council level, the Council has prepared a number of rating strategy proposals. Following on from this, a community consultation process was undergone to provide the community with the opportunity to provide input into the future structure and level of rates levied by Council. At the conclusion of this, a further workshop was convened with the Council to present the results of the community consultation. In addition to this, and as final step in the process, Council considered each of the 5 rate model proposals in light of the impact of the 2014 municipal revaluation. As the project plan is now concluded, a final report has been presented to Council which seeks formal approval and adoption of the Rating Strategy.


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Recommendation: 1. That Council adopt Rating Strategy proposal 1 which

incorporates the following rate structure and associated levels;

Rate Category Level of Rate General 1.00 Residential Retirement 0.90 Commercial/Industrial 1.60 Commercial/Industrial Vacant Land 2.60 Extractive Industry 3.20 Farm 0.80 Vacant Land General 2.10 Vacant Land FZ or RCZ 1.00 Vacant Land R1Z & R2Z 2.50

2. That Council resolve not to declare a municipal charge for the

period that the strategy remains in place. 3. That Council adopt the Rate Strategy document for a period of

four years.

Resolution: Crs. Toohey/Sullivan

1. That Council resolve to declare a municipal charge of $200

for the period that the strategy remains in place.

2. That Council adopt the following rate structure and associated levels;



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3. That Council adopt the rate the Rate Strategy document for a period of four years.

LOST.

Cr. Sullivan called for a Division Councillors voting for the resolution: Cr. Toohey, Cr. Tatchell, Cr. Sullivan Councillors voting against the resolution: Cr. Spain, Cr. Dudzik, Cr. Comrie, Cr. Edwards.

Resolution: Crs. Edwards/Spain

1. That Council adopt Rating Strategy proposal 1 which

incorporates the following rate structure and associated levels;


2. That Council resolve not to declare a municipal charge for the period that the strategy remains in place.

3. That Council adopt the Rate Strategy document for a period

of four years.

CARRIED.


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Cr. Sullivan called for a Division Councillors voting for the resolution:

Cr. Dudzik, Cr. Spain, Cr. Comrie, Cr. Edwards

Councillors voting against the resolution: Cr. Toohey, Cr. Sullivan, Cr. Tatchell.



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9.5.6 Local Government Funding Vehicle Introduction File No.: 02/06/004 Author: Shane Marr General Manager: Shane Marr Background The MAV established a Defined Benefit Taskforce in response to the $453m defined benefit shortfall to provide recommendations that will reduce the cost of the shortfall to Councils and reduce the risk of future calls arising. The first recommendation of the taskforce was to establish a working group to: • develop detailed specifications for a debt placement • prepare a tender for aggregated debt for the sector • test the sector’s firm commitment to borrowing • ensure that transactional banking is excluded from the specifications

Aggregated Borrowing The MAV engaged Ernst & Young’s (EY) independent Debt & Capital Advisory team to undertake a funding options analysis to evaluate available funding sources and structures to determine the optimal funding platform for Victorian Councils. The EY report identified significant savings could be achieved through aggregating Council borrowings, obtaining a credit rating on a pooled basis and subsequently issuing a bond into the wholesale bond market. Savings identified are as follows: • Approximately a 100 basis point (i.e. 1%) reduction in the interest rate

when compared to borrowing directly from banks through a tender process

• For each $100m of debt procured via the LGFV, the sector can save up to $10m over a ten year period

• Based on the total sector debt of $1bn, the LGFV could save the sector $100m over ten years

EY assisted MAV in establishing an interim funding facility in June 2013, through conducting a competitive tender on behalf of 23 Councils. The tender was highly successful and confirmed the benefits of scale and collective borrowing. The LGFV long term financing strategy was presented to Councils in November 2013, with 56 Councils responding positively to the expressions of interest (“EoI”) totalling in excess of $450m of borrowing requirements. Based on the widespread Council support, MAV made the decision to proceed with the LGFV financing strategy on behalf of the sector.


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Bank Commitment and Involvement Commonwealth Bank of Australia and National Australia Bank were appointed by MAV as co-arrangers for the LGFV bond issuance following an EoI. MAV has worked with EY and the banks over the last two months to finalise the LGFV financing structure. MAV presented the final structure to Councils at the end of March 2014 advising that Council commitments for the inaugural July 2014 bond issuance were required by May 2014. Proposal The bond market A bond is simply a loan from another source – the wholesale bond market. Cheaper funding is available in the wholesale bond market than from banks for highly rated borrowers such as Councils. The investors (or lenders) in the bond market are institutional investors such as superannuation funds, banks and foreign governments. The bond market is a key source of funding for the Commonwealth Government of Australia, State Governments (e.g. TCV) and major corporations. There are numerous examples of local government bonds in other jurisdictions such as New Zealand, USA, Canada and Europe. The LGFV transaction is a market standard structure of “pooling” loans to access the bond market and is considered tried and tested. Inter-generational savings MAV Procurement has accessed the wholesale market to deliver savings to the Victorian Council sector in other tenders (eg. trucks). The LGFV represents a change in the debt procurement model which “cuts out the middle person” to deliver cheaper funding costs by going direct to the wholesale bond market. Banks currently borrow money from the wholesale bond market and on lend these funds to Councils but in the process add in a profit margin. Access to the wholesale bond market is achieved through the credit strength, collective bargaining, scale and diversification that the LGFV delivers. The savings are estimated at approximately 100bps (i.e. 1%), with pricing savings expected to improve over time. The final pricing will be determined at the time of the first bond issuance via a wholesale market bidding process which ensures transparency, probity and best price. The wholesale market provides a step change improvement in pricing compared to borrowing rates available in the bank market. LGFV loan terms Aggregated purchasing arrangements lead to savings where there are standard terms. The first bond issue will be on a 5 and/or 7 year basis with a fixed interest rate and repayment of interest only over the term. Other terms and conditions such as security, conditions precedent, representations and warranties, covenants and undertakings, event of default and reporting requirements will be in line with existing standard terms in the bank market.


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While the LGFV first bond issuance necessitates a change in how Councils borrow, the standardised terms proposed will drive an optimal pricing outcome and will be the most advantageous solution for the sector Borrowing process The borrowing process for Councils will be simplified under the LGFV. Councils submit a drawdown notice to the LGFV, with no requirement to undertake a tender to determine best price. Debt is available on an “as needs” basis during the year through a combination of regular bond issuances (annual or more frequently based on demand by Councils) and an ongoing interim finance facility which provides short term funding which will be refinanced through subsequent bond issuances. Cost A one off LGFV establishment fee of $4,000 is payable by Councils following confirmation of participation. MAV have invested heavily to date on upfront costs including Ernst & Young (financial advisor), Moody’s (credit rating) and legal costs. Governance The LGFV will be governed by a small board comprising of representative and independent skills based members, likely to include Council CEOs, or nominees, MAV and independent financial market experts. The skills possessed by board members will include technical expertise relevant to bond insurance (financial/legal). The LGFV Board will be appointed by the MAV Board for a period of two years. The role of the LGFV Board will include:

i. Reporting to councils ii. Risk management iii. Market review and analysis iv. Management / selection of service providers v. Future and ongoing strategic decision making

The LGFV Board terms of reference and composition will be finalised by MAV prior to the first bond issuance in July 2014. The alternative to participation in the LGFV is for Councils to solely source funds via a tender process with the major banks on a bilateral basis, as the sector has done historically. Policy Implications The 2013 - 2017 Council Plan provides as follows: Key Result Area Representation and Leadership of our

Community Objective Sound, long term financial management


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Strategy Develop and maintain a long term financial planning, management and reporting system, which ensures resources to deliver services and manage Council’s assets

The proposal Local Government Funding Vehicle is consistent with the 2013-2017 Council Plan. Financial Implications Analysis suggests the LGFV will provide Councils with an approximately 100 basis point (i.e. 1%) reduction in the interest rate when compared to a tender process undertaken with the banking sector. This saving is significant when the borrowing amounts are considered. Risk & Occupational Health & Safety Issues

Risk Identifier Detail of Risk Risk Rating

Control/s

Governance Appropriate governance structure in place to manage fund

High LGFV board comprising industry representatives and skills based members.

Financial – Interest rate

Ensuring interest rates are competitive to market

High Councils still maintains the option to undertake own market testing process

Financial Liability Risk to Council should another Council fail to meet obligations.

Nil Fund set up so each Council only guarantee own requirements.

Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.


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Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Shane Marr In providing this advice to Council as the General Manager, I have no interests to disclose in this report. Author – Shane Marr In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion The Municipal Association of Victoria (“MAV”) is progressing the establishment of a pooled borrowing vehicle on behalf of its 79 Victorian member Councils, the “Local Government Funding Vehicle” (LGFV). The objective of the LGFV is to raise funding from the public bond market on behalf of participating Councils, providing a more cost competitive financing solution to Victorian Councils. The LGFV initiative arose following the Vision Super defined benefit superannuation shortfall. A funding options evaluation was undertaken to review the debt procurement model of the sector. The purpose of this review was to determine the optimal funding platform to address the defined benefit shortfall and ongoing borrowing requirements of the sector. The key benefits of the LGFV for Councils include significant savings, diversification of funding source, low cost, transparency and best practice. This report seeks Council’s endorsement to participate in the LGFV as a source of future borrowing requirements.

Resolution: Crs. Sullivan/Toohey

That Council agree to:

1. approve the Local Government Funding Vehicle as a new

source of funding for future borrowing requirements; and 2. participate in the first Local Government Funding Vehicle

bond issuance in July 2014.

CARRIED.


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9.5.7 Quarterly Financial Report – March 2014 Introduction File No.: 07/01/004 Author: Steve Ivelja General Manager: Shane Marr This Quarterly Report covers the period of 1 July 2013 to 31 March 2014. The report outlines the year to date financial position of Council and forecast projections for the full year results. The forecast result at the end of the financial year is a decrease in the surplus by $1.493m. Please refer to the attached report for a detailed review of the financials. Background Under section 138 – Quarterly Statements, of the Local Government Act (1989), Council is to receive a quarterly report on progress against the adopted budget. Proposal That Council receives the Quarterly Report – March 2014. Policy Implications The adoption of the Quarterly Report – March 2014 meets Council’s statutory obligations under section 138 – Quarterly Statements of the Local Government Act (1989). The 2013-2017 Council Plan provides as follows: Key Result Area Representation and Leadership of our

Community Objective Sound, long term financial management Strategy Develop and maintain a long term

financial planning, management and reporting system, which ensures resources to deliver services and manage Council’s assets.


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Amended Budget Generally, at the end of the financial year it is not uncommon for projects (both Capital projects and Operating projects) to be incomplete at the end of the financial year. This can happen for a number of reasons such as delays in construction due to weather or other events, deferral of projects due to operational matters, late receipt of government funding for one off projects, lack of internal resources to complete one off new initiatives due to staff turnover etc. Throughout this report Council will be reporting on the Amended Budget rather than the Adopted Budget. The Amended Budget contains items approved as carry forwards from the 2012/13 financial year. These include grant funded one off projects, Council approved New initiatives from prior years that are not yet complete, Flood recovery funds, and incomplete/deferred capital projects. The following schedule provides an overview at a high level of the items that have been added to the Adopted Budget to arrive at the Amended Budget.

Impact on Cash on hand as at 30 June 2013

Based on the aggregate of both the Operating Budget and Capital Budget carry forward, a sum of $4.844M in cash will be required to fully fund the carry forward. These are made up of the following;

Net Operating Budget Carry forwards $1.022M Net Flood Recovery Project Commitments $1.338M Net 2012/13 CIP Program Commitments $2.484M Total cash required to complete the carry forward $4.844M

As at the 30 June 2013, Council held $11.272M in cash and cash equivalents. Cash holdings were high in part due to the impact of these uncompleted projects. Operating Budget

The net effect on the Operating Budget is a favourable variance of $2.757m.

Net Operating Surplus in the Adopted 13/14 Budget $4.068m

Net New Initiatives / Grant Funded Projects ($1.022m) Flood Recovery Capital Grants $3.108m 2012/13 Carry Forward Capital Grants $0.253m 2013/14 Capital Grants not in the Adopted Budget $0.419m

Amended Operating Budget Surplus $6.826m


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Capital Budget

The effect on the capital budget is an increase in expenditure of $7.602m.

2013/14 Adopted Budget for Capital Expenditure $7.938m

Add - Flood Recovery Projects $4.446m - 2012/13 Carry Forward Capital Projects $2.737m - 2013/14 New Funds not in Original Budget $0.419m Amended Capital Budget $15.540m

The attached Quarterly Financial Report, Attachment 1, provides an explanation of the Income Statement, Balance Sheet, Cash Flow Statement and Capital Works Statement with the year-to-date actuals compared to the year-to-date amended budget, and the amended annual budgets compared to the annual forecasts.

Income Statement The main changes within the Income Statement are as follows: • Increase in “Operating Grants” due to new funding identified since

the adoption of the budget ($0.431m); • Decrease in “User Fees and Charges” mainly due to a decline in the

use of Brokerage services in Aged and Disability ($0.198m); • Increased “Materials and Consumables” expenditure mainly due to

new funding received that was not in the original budget ($0.384m); • Decrease in “Capital Grants and Contributions” mainly due some

projects being deferred to next financial year. The largest one being Halletts Way Southern Connection ($1.668m).

The net effect of these changes and other minor variances causes the total surplus for the year to decrease by $1.493m to $5.333m. Cash The forecasted cash balance at 30 June 2014 has increased by $2.453m to $11.442m in comparison to the amended budget. This is mainly due to the deferral of some major projects to next financial year.

Capital Improvement Program (CIP) The total cash expenditure forecast for the CIP has decreased by $3.745m, from the amended Budget of $15.540m to $11.795m. This is due to: • Projects deferred to next year $ (3.791m) • New funding received:

o Rehabilitation of Links Road / Swans Road $ 0.071m o Spargo Creek Road $ 0.037m o Elaine Public Hall Kitchen Upgrade $ 0.018m o Ballan Men's Shed $ 0.025m

• Other $ (0.105m) $ 3.745m


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Risk & Occupational Health & Safety Issues There are no identified risks associated with this process.

Communications Strategy To Council, through the Ordinary Meeting of Council on 7 May 2014, and to the Audit Committee meeting on 28 May 2014.

Victorian Charter of Human Rights and Responsibilities Act 2006 In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues. Officer's Declaration of Conflict of Interests Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. General Manager – Shane Marr In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Steve Ivelja In providing this advice to Council as the Author, I have no interests to disclose in this report. Conclusion The Quarterly Report – March 2014 has been prepared in accordance with Section 138 – Quarterly Statements of the Local Government Act (1989) for review and receiving by Council.

Resolution: Crs. Toohey/Comrie: That Council receives the Quarterly Financial Report – March 2014.

CARRIED.

Report Authorisation Authorised by: Name: Shane Marr Title: General Manager Corporate Services Date: Thursday 17 April 2014


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10. OTHER REPORTS

10.1 Assembly of Councillors File No.: 02/01/002 Section 76(AA) of the Local Government Act 1989 defines the following to be Assemblies of Councillors; an advisory committee of the Council that includes at least one Councillor; a planned or scheduled meeting of at least half the Councillors and one member of council staff which considers matters that are intended or likely to be:

• the subject of a decision of the Council; or • subject to the exercise of a Council function, power or duty by a

person or committee acting under Council delegation.

It should be noted, an assembly of Councillors does not include an Ordinary Council meeting, a special committee of the Council, meetings of the Council’s audit committee, a club, association, peak body or political party. Council must ensure that the written record of an assembly of Councillors is, as soon as practicable – a) reported to the next ordinary meeting of the Council; and b) incorporated in the minutes of that council meeting. (s. 80A(2)) Council also records each Assembly of Councillors on its website at www.moorabool.vic.gov.au A record of Assemblies of Councillors since the last Ordinary Meeting of Council is provided below for consideration: • Assembly of Councillors – Wednesday 2 April 2014 – Budget and

C.I.P. • Assembly of Councillors – Wednesday 2 April 2014 – Confidential

Matter • Assembly of Councillors – Wednesday 9 April 2014 – Parwan

Industrial Estate • Assembly of Councillors – Wednesday 9 April 2014 – Halls and

Recreation Reserves Funding Policy • Assembly of Councillors – Wednesday 9 April 2014 – Domestic

Wastewater Management Plan • Assembly of Councillors – Wednesday 9 April 2014 – Council Plan • Assembly of Councillors – Wednesday 9 April 2014 – Rating Strategy • Assembly of Councillors – Wednesday 23 April 2014 - Management of East

Moorabool Recreation Reserves and Recreation and Leisure Strategic and Advisory Committee, including Hike and Bike Strategy

• Assembly of Councillors – Wednesday 23 April 2014 - NBN Update • Assembly of Councillors – Wednesday 23 April 2014 - Budget

Documentation • Assembly of Councillors – Wednesday 23 April 2014 - Update from

Valuers

http://www.moorabool.vic.gov.au/


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Resolution: Crs. Toohey/Sullivan That Council receives the record of Assemblies of Councillors as follows:

• Assembly of Councillors – Wednesday 2 April 2014 –

Budget and C.I.P. • Assembly of Councillors – Wednesday 2 April 2014 –

Confidential Matter • Assembly of Councillors – Wednesday 9 April 2014 –

Parwan Industrial Estate • Assembly of Councillors – Wednesday 9 April 2014 – Halls

and Recreation Reserves Funding Policy • Assembly of Councillors – Wednesday 9 April 2014 –

Domestic Wastewater Management Plan • Assembly of Councillors – Wednesday 9 April 2014 –

Council Plan • Assembly of Councillors – Wednesday 9 April 2014 – Rating

Strategy • Assembly of Councillors – Wednesday 23 April 2014 –

Management of East Moorabool Recreation Reserves and Recreation and Leisure Strategic and Advisory Committee, including Hike and Bike Strategy.

• Assembly of Councillors – Wednesday 23 April 2014 - NBN Update

• Assembly of Councillors – Wednesday 23 April 2014 - Budget Documentation

• Assembly of Councillors – Wednesday 23 April 2014 - Update from Valuers.

CARRIED.


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10.2 Section 86 - Delegated Committees of Council - Reports Section 86 Delegated Committees are established to assist Council with executing specific functions or duties. By instrument of delegation, Council may delegate to the committees such functions and powers of the Council that it deems appropriate, utilising provisions of the Local Government Act 1989. The Council cannot delegate certain powers as specifically indicated in Section 86(4) of the Act. Section 86 Delegated Committees are required to report to Council at intervals determined by the Council. Councillors as representatives of the following Section 86 – Delegated Committees of Council present the reports of the Committee Meetings for Council consideration. Committee Meeting Date Council

Representative

Elaine Recreation Reserve Committee of Management

4 March 2014 Cr. Sullivan

Masons Lane Recreation Reserve Committee of Management

24 March 2014 Cr. Dudzik

Resolution: Crs. Sullivan/Dudzik That Council receives the reports of the following Section 86 - Delegated Committees of Council:

• Elaine Recreation Reserve Committee of Management

meeting of Tuesday 4 March 2014 • Masons Lane Recreation Reserve Committee of

Management meeting of Monday 24 March 2014.

CARRIED.


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10.3 Section 86 - Advisory Committees of Council - Reports Section 86 Advisory Committees are established to assist Council with executing specific functions or duties. Advisory Committees of Council currently have no delegated powers to act on behalf of Council or commit Council to any expenditure unless resolved explicitly by Council following recommendation from the Committee. Their function is purely advisory. Section 86 Advisory Committees are required to report to Council at intervals determined by the Council. Councillors as representatives of the following Section 86 – Advisory Committees of Council present the reports of the Committee Meetings for Council consideration. Committee Meeting Date Council

Representative

Rural Advisory Committee 7 October 2013 Cr. Tatchell

Rural Advisory Committee 11 November 2013 Cr. Tatchell

Rural Advisory Committee 2 December 2013 Cr. Tatchell

Rural Advisory Committee 10 February 2014 Cr. Tatchell

Resolution: Crs. Comrie/Dudzik That Council receives the reports of the following Section 86 Advisory Committees of Council:

• Rural Advisory Committee meeting of Monday 7 October

2013. • Rural Advisory Committee meeting of Monday 11 November

2013. • Rural Advisory Committee meeting of Monday 2 December

2013. • Rural Advisory Committee meeting of Monday 10 February

2014.

CARRIED.


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11. NOTICES OF MOTION

11.1 Cr Dudzik: N.O.M. No. 238 – Rate Reform and Equity Balance for Primary Producers

MOTION 1: Rate Reform and Equity Balance FOR PRIMARY PRODUCERS Submitted by: Moorabool Shire Council MOTION 1: RATE REFORM AND EQUITY BALANCE FOR PRIMARY PRODUCERS That the MAV State Council advocates to the Minister for Local Government and the State Government to review the current valuation and rating systems available to local government to provide a fairer rating outcome to farming enterprises in Peri Urban areas. RATIONALE: Primary producers are being disadvantaged compared to other businesses based on the method used to rate these sectors of the community under the current rating system. The “MAV submission to the Productivity Commission Review of Local Government Own Source of Revenue Raising” (2007) states that rates only equate to about 1.4% of total expenses in agriculture (2004-2005) however ABARE figures state rates amount to 11% of total expenses (2011-2012). Speculation and land bordering by developers is resulting in very high valuations for farming properties in Peri Urban areas. The resulting rating impact is significant and often out of step with rating levels for commercial and industrial properties. Under the Local Government Act 1989 3C Objectives of a Council is “to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions”. 3C (2)(f) “to ensure the equitable imposition of rates and charges”. Rate reform is needed to remove disadvantage and ensure the viability of the Agricultural Sector in Peri Urban Shires while taking into account the impact on other areas of the rating community.

Consideration needs to be given as to whether the valuation and rating system can be changed through changes to the differential rating guidelines, municipal charge parameters or house and curtilage frameworks.


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Preamble The Council Rating Strategy review has identified that the community is under significant financial pressure. The Differential Rating System has constraints that limit options available to Council to redistribute rates burdens. Rates continue to rise, but there is a limited capacity for the community to fund these rates rises. This motion requests the assistance of the Municipal Association of Victoria to advocate for rates reform and the State Government to provide assistance to address inequities identified.

Resolution: Crs. Dudzik/Comrie That the MAV State Council advocates to the Minister for Local Government and the State Government to review the current valuation and rating systems available to local government to provide a fairer rating outcome to farming enterprises in Peri Urban areas.

CARRIED.


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11.2 Cr Dudzik: N.O.M. No. 239 – Rate Reform for Low Income Households MOTION 2: Rate Reform FOR LOW INCOME HOUSEHOLDS Submitted by: Moorabool Shire Council

MOTION 2: RATE REFORM FOR LOW INCOME HOUSEHOLDS

That the MAV State Council advocates to the Department of Human Services and State and Federal Government, to include Low Income and Health Care Concession Card Holders as eligible for the Municipal Rates Concession.

RATIONALE: The Municipal Concession Rebate currently applies to Pensioners, Veterans and War Widows. It does not apply to low income households who hold a Health Care Card.

Health Care Card Holders are aged under 65, may be individuals or families and are on a low income and are financially disadvantaged. These households may be single income, low income or persons experiencing unemployment and financial difficulties. They have a limited budget and capacity to pay. Under the Local Government Act 1989 3C Objectives of a Council is “to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions”. 3C (2)(f) “to ensure the equitable imposition of rates and charges”. Rate increases continue to challenge low income households and the effect of rate increases on these households is greater than those with a higher income and capacity to pay. The Department of Human Services monitors eligibility for Low Income and Health Care Concession Cards closely. This proposal is to advocate for Concession Rebates to be extended to include ratepayers who hold a Low Income or Health Care Card as they are experiencing financial difficulties.


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Preamble The Council Rating Strategy review has identified that the community is under significant financial pressure. The Differential Rating System has constraints that limit options available to Council to redistribute rates burdens. Rates continue to rise, but there is a limited capacity for the community to fund these rates rises. This motion requests the assistance of the Municipal Association of Victoria to advocate for rates reform to assist low income households.

Resolution: Crs. Dudzik/Spain That the MAV State Council advocates to the Department of Human Services and State and Federal Government, to include Low Income and Health Care Concession Card Holders as eligible for the Municipal Rates Concession.

LOST.

Cr. Dudzik called for a Division: Councillors voting for the resolution: Cr. Comrie, Cr. Spain, Cr. Dudzik Councillors voting against the resolution: Cr. Sullivan, Cr. Tatchell, Cr. Toohey Cr Edwards abstained from voting.


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12. MAYOR’S REPORT

Since the last Ordinary Meeting of Council, the Mayor, Cr. Tatchell, attended the following meetings and activities:

Cr. Tatchell - Mayor

April 2014 – May 2014

4 April, 2014 Ballarat FNL Season Launch 2014

9 April, 2014 Assembly of Councillors – Parwan Industrial Estate Assembly of Councillors – Domestic Wastewater Management Plan Assembly of Councillors – Council Plan Assembly of Councillors – Rating Strategy Assembly of Councillors – Halls and Recreation Reserves Funding Policy

10 April, 2014 Meeting with Minister Ryan, Deputy Premier and Sonia Smith, Candidate for Buninyong Bacchus Marsh White Ribbon Day Committee Meeting

11 April, 2014 Regional Victoria Living Expo Business Luncheon, hosted by The Hon Peter Ryan, Deputy Premier of Victoria and Minister for Regional and Rural Development

12 April, 2014 Regional Victoria Living Expo

23 April, 2014 Assembly of Councillors – Management of East Moorabool Recreation Reserves and Recreation and Leisure Services Strategic and Advisory Committee and Hike and Bike Strategy Assembly of Councillors – NBN Update Assembly of Councillors – Budget Documentation Assembly of Councillors – Update from Valuers

25 April, 2014 Ballan Anzac Day March and Service

27 April, 2014 Re-opening of the Yendon School Gates Dedication Service for the Restoration of the Avenue of Honour in Yendon

7 May, 2014 Assembly of Councillors – Audit & Risk Committee Update Assembly of Councillors – New Governance Arrangements for AOCs Ordinary Meeting of Council


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Resolution: Crs. Sullivan/Spain That the Mayor's report be received.

CARRIED.


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13. COUNCILLORS' REPORTS

Since the last Ordinary Meeting of Council, Councillors have attended the following meetings and activities:

Cr. Edwards

May 2014

2 May Attended a funeral of a transplant recipient

Cr. Comrie

May 2014

1 May Attended two funerals, Jean Lycette from the Blacksmiths Cottage group and who was also involved in Meals on Wheels for the community. Theo Van Alkemade previous Bacchus Marsh Shire President.

Cr. Dudzik

April - May 2014

19 April Annual Blackwood Easter WoodChop Carnival

1-2 May Australian Local Government Womens Conference

Cr. Spain

April 2014

25 April ANZAC Day Dawn Service Bacchus Marsh


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Cr. Sullivan

April - May 2014

27 April Relocation of Yendon School gates to Recreation Reserve and Restoration of Avenue of Honour in Yendon

28 April Highlands Regional Waste Management Meeting in Linton Grampians Central West Waste and Resource Recovery Forum,

5 May Defined Benefit Task Force meeting in Melbourne, with Vision Super session.

Resolution: Crs. Toohey /Edwards That the Councillors' reports be received.

CARRIED.


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14. URGENT BUSINESS


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15. CLOSED SESSION OF THE MEETING TO THE PUBLIC

15.1 Confidential Report

15.2 Confidential Report

ADJOURNMENT OF MEETING 7.14PM

Crs. Toohey/Sullivan That the meeting now stand adjourned for a period of 16 minutes.

CARRIED.

RESUMPTION OF MEETING 7.30 PM

Crs. Sullivan/Toohey

That the meeting now be resumed.

CARRIED.

CLOSURE OF THE MEETING TO THE PUBLIC – 7.30PM

Resolution:

Crs. Sullivan/Toohey

That pursuant to the provisions of the Local Government Act 1989, the meeting now be closed to members of the public to enable the meeting to discuss matters, which the Council may, pursuant to the provisions of Section 89(2) of the Local Government Act 1989 (the Act) resolve to be considered in Closed Session, being a matter contemplated by Section 89(2) of the Act, as follows:

(a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee

considers would prejudice the Council or any person; (i) a resolution to close the meeting to members of the public

CARRIED.


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Item 15.1 is a confidential item and therefore not included as part of these Minutes.


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Item 15.2 is a confidential item and therefore not included as part of these Minutes.


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16. MEETING CLOSURE

The meeting closed at 8.07pm. Confirmed…………………..……..….Mayor.

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