agenda - shire of northern grampians...2015/12/07  · northern grampians shire council ordinary...

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AGENDA ________________________________________________________________ ALL COUNCILLORS Councillors are requested to attend an Ordinary Meeting of the Council to be held at 6.30pm on Monday, 7 December, 2015, in the Council Chamber, Western Highway Community Precinct, Longfield Street, Stawell AFFIRMATION We recognise the traditional owners of the land. We are inspired by the early pioneers and by those who gave their lives for our country. We now ask God‟s blessing on our deliberations and on our commitment to build a better lifestyle and environment. BUSINESS 01. APOLOGIES 02. CONFIRMATION OF MINUTES 03. MATTERS ARISING FROM THE MINUTES 04. PRESENTATIONS/AWARDS 05. PRESENTATION OF PETITIONS AND JOINT LETTERS 06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST 07. ASSEMBLIES OF COUNCILLORS 08. ITEMS BROUGHT FORWARD 09. CONSIDERATION OF REPORTS OF OFFICERS 10. NOTICES OF MOTION OR RESCISSION 11. REPORTS FROM COUNCILLORS/COMMITTEES 12. URGENT BUSINESS 13. PUBLIC QUESTION TIME 14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989 15. CLOSE

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Page 1: AGENDA - Shire of Northern Grampians...2015/12/07  · Northern Grampians Shire Council Ordinary Council Meeting - 7 December, 2015 3 of 57 01. APOLOGIES Nil 02. CONFIRMATION OF MINUTES

AGENDA

________________________________________________________________

ALL COUNCILLORS

Councillors are requested to attend an Ordinary Meeting of the Council to be held at

6.30pm on Monday, 7 December, 2015, in the Council Chamber, Western Highway

Community Precinct, Longfield Street, Stawell

AFFIRMATION

We recognise the traditional owners of the land.

We are inspired by the early pioneers and by those who gave their lives for our

country.

We now ask God‟s blessing on our deliberations and on our commitment

to build a better lifestyle and environment.

BUSINESS

01. APOLOGIES

02. CONFIRMATION OF MINUTES

03. MATTERS ARISING FROM THE MINUTES

04. PRESENTATIONS/AWARDS

05. PRESENTATION OF PETITIONS AND JOINT LETTERS

06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF

INTEREST

07. ASSEMBLIES OF COUNCILLORS

08. ITEMS BROUGHT FORWARD

09. CONSIDERATION OF REPORTS OF OFFICERS

10. NOTICES OF MOTION OR RESCISSION

11. REPORTS FROM COUNCILLORS/COMMITTEES

12. URGENT BUSINESS

13. PUBLIC QUESTION TIME

14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL

GOVERNMENT ACT 1989

15. CLOSE

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TABLE OF CONTENTS

01. APOLOGIES ................................................................................................................... 4 02. CONFIRMATION OF MINUTES ...................................................................................3

03. MATTERS ARISING FROM THE MINUTES ..............................................................3 04. PRESENTATIONS/AWARDS .......................................................................................3 05. PRESENTATION OF PETITIONS AND JOINT LETTERS ......................................3

06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST ................................................................................................................................4

07. ASSEMBLIES OF COUNCILLORS ..............................................................................5 08. ITEMS BROUGHT FORWARD.....................................................................................5 09. CONSIDERATION OF REPORTS OF OFFICERS ...................................................6

09.01. Local Government Act Review Submission.......................................................6 09.02. Council Meeting Schedule 2016 ....................................................................... 10

09.03. Council Committees Representatives & Delegates List 2016 ..................... 13 09.04. Lease - Stawell Leisure Complex (Fitopia) ..................................................... 16 09.05. Lease - 87 D'Arcy Street Stawell (Grampians YMCA) .................................. 19

09.06. Leases - Stawell Airport ..................................................................................... 22 09.07. Sale - 14 Wellington Street St Arnaud ............................................................. 26

09.08. Sale - 65 Sloane Street Stawell ........................................................................ 30 09.09. Economic Development & Planning Partnerships Report ............................ 33 09.10. Road Discontinuance - Meagher Street Stawell ............................................ 43

09.11. Proposed Road Naming - Gre Gre................................................................... 47 09.12. 5.2015.38.1- 151 Grampians Road, Halls Gap- Development of Three Additional Dwellings and Subdivision of land .............................................................. 51

10. NOTICES OF MOTION OR RESCISSION .............................................................. 57 11. REPORTS FROM COUNCILLORS/COMMITTEES ............................................... 57

12. URGENT BUSINESS................................................................................................... 57 13. PUBLIC QUESTION TIME.......................................................................................... 57 14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL

GOVERNMENT ACT 1989 ................................................................................................. 57 15. CLOSE ........................................................................................................................... 57

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01. APOLOGIES

Nil

02. CONFIRMATION OF MINUTES

Ordinary Meeting held on 9 November, 2015

Ordinary Meeting held on 23 November, 2015

03. MATTERS ARISING FROM THE MINUTES

Nil

04. PRESENTATIONS/AWARDS

Nil

05. PRESENTATION OF PETITIONS AND JOINT LETTERS

Nil

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06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF

INTEREST

A Councillor who has a conflict of interests and is attending the Council

meeting of the Council must make a full disclosure of that interest.

(a) by either-

(i) advising the Council at the meeting of the details required

under paragraphs (b) and (c) immediately before the matter

is considered at the meeting; or

(ii) advising the Chief Executive Officer in writing of the details

required under paragraphs (b) and (c) before the meeting;

and

(b) classifying the type of interest that has given rise to the conflict as

either-

(i) a direct interest; or

(ii) an indirect interest and specifying the particular kind of

indirect interest under:

section 78 - close association

section 78A - financial interest

section 78B - conflicting duties

section 78C - receipt of an applicable gift

section 78D - consequence of becoming an interested party

section 78E - impact on residential amenity; and

(c) describing the nature of the interest; and

(d) if the Councillor advised the Chief Executive Officer of the

details under paragraph (a)(ii), the Councillor must make a

disclosure of the class of interest only to the meeting immediately

before the matter is considered at the meeting.

Members of Staff

Under Section 80C of the Local Government Act 1989, officers or people

engaged under contract to the Council providing a report or advice to

Council must disclose any conflicts of interests in the matter, including

the type of interest.

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07. ASSEMBLIES OF COUNCILLORS

[Justine Linley, Chief Executive Officer]

Section 80A of the Local Government Act 1989 requires that the written

record of an Assembly of Councillors is, as soon as practicable, reported at an

ordinary meeting of the Council and incorporated in the minutes of that

Council Meeting.

The records for the period since the last ordinary Council meeting are listed

below.

Date Description Matters/considered Councillor /

Officer making

disclosure

Item No. Left meeting

Y/N

26/10/2015

Agenda

Review

Briefing

November Council

agenda review;

Mayoral Election

and Statutory

Council Meeting;

Council committees

Representatives &

Delegates list

2016. N/A N/A N/A

09/11/2015

Civic

Engagement

Briefing

Presentations:

Grampians

Tourism- Will

Flamsteed; Brett

Douglas re Dry

Seasonal

Conditions; Council

Agenda Review N/A N/A N/A

16/11/2015

Eco

Dev/Planning

Taskforce

Briefing

Economic

Development &

Investment

Attracting Progress

Report; Review of

Halls Gap Flood

Mapping;

Differential Farm

Rate; Statutory

Meeting Agenda N/A N/A N/A

08. ITEMS BROUGHT FORWARD

Nil

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09. CONSIDERATION OF REPORTS OF OFFICERS

IMPROVE SOCIAL AND ECONOMIC VIABILITY OF THE SHIRE &

DELIVER TARGETED PROJECTS AND CORE SERVICES

09.01. Local Government Act Review Submission

Department: CEO’s Office

Business Unit: Economic Development

Director: Economic and Community Development

Manager Responsible: Economic Development

Author/Position: Justine Linley, Chief Executive Officer

Summary

This report discusses the current review of the Local Government Act 1989

and recommends that Council makes a submission as part of the first round of

consultation.

Recommendation

That Council makes a submission as part of the first stage of

consultation to the Local Government Act Review.

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Background/Rationale

The Victorian Government has recently announced the first comprehensive

review of local government in a quarter of a century.

The review responds to calls from the local government sector and the

community for reform of the Local Government Act 1989, which has seen over

90 amending acts resulting in hundreds of individual changes over the past 25

years.

The Local Government Act Review discussion paper has been released to

begin a discussion on the role of local government and what the future looks

like for local government in Victoria. It is intended that the review be an

opportunity for both state and local governments to build stronger

communities for local residents resulting in updated legislation that

modernises the relationship between the state and local government sectors

to better reflect essential roles and responsibilities.

The review will look at the objectives, roles and functions of councils; the

powers required of councils to achieve these objectives and perform their

roles and functions; and the extent these should be regulated under the Act.

It will consider all legislation for which the Minister for Local Government is

responsible to form a simple and integrated new Act.

Timeline

2015 – Consultation on issues around the current Act

2016 – Consultation on reform directions

2017 - Consultation on proposed new legislation.

Advisory Committee

An Advisory Committee has been appointed to provide independent advice to

the Minister for Local Government on the reforms required. Chaired by

Member for Yuroke Ros Spence, the Advisory Committee includes current

councillor representatives of metropolitan and regional councils and past

senior local and state government executives.

Local government peak organisations (Municipal Association of Victoria,

Victorian Local Governance Association and LGPro) will also contribute to the

review through direct consultation with the Minister and ongoing liaison with

Local Government Victoria as the review proceeds.

Members:

● Ros Spence MLA (chair), Member for Yuroke – former councillor at

Hume City Council

● Dr Kathy Alexander – former CEO of Melbourne City Council

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● Kay Rundle – former CEO of Port Phillip, Greater Geelong and

Maribyrnong City Councils

● Nicholas Reece, Principal Fellow Melbourne School of Government

and senior executive in Chancellery, University of Melbourne and

former Director of Strategy, Office of the Prime Minister.

● Mary Delahunty, councillor at Glen Eira City Council

● David Clark, councillor at Pyrenees Shire Council

The Advisory Committee will provide advice to the Minister and to the

department on all aspects of the review.

Council has read and worked through the core issues outlined in the

discussion paper and intends to make a submission. A copy of the draft

submission is attached.

Budget

There are no budget implications.

Legislation, Council Plan, Strategy and Policy Implications

The two Council Plan objectives for Northern Grampians Shire Council are:

● To improve the social and economic viability of the shire

● To deliver targeted projects and core services

As part of these objectives Council has a key role to play in advocating for

legislative and policy change for the betterment of the local community.

Options

Option 1

That Council makes a submission to the first stage of consultation on the

Local Government Act Review. (recommended)

Option 2

That Council notes the officer’s report, but declines to make a submission.

(not recommended).

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Reporting

Implications Considered in this

report? Implication identified?

Social Yes No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management No No

Financial Yes No

Asset Management No No

Consultation

Community groups, organisations and individuals are consulted on specific

initiatives identified in the Council Plan.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Chief Executive Officer, Justine Linley

In providing this advice as the author I have no disclosable interests in this

report.

Attachments

9.1.1 Northern Grampians Submission Local Government Act Review

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09.02. Council Meeting Schedule 2016

Department: Corporate Services

Business Unit: Governance

Director: Vaughan Williams, Director Corporate

Services

Manager Responsible: Mary Scully, Manager Governance & Civic

Support

Author/Position: Mary Scully, Manager Governance & Civic

Support

Summary

The purpose of this report is to set Council meeting dates for 2016. During

2015 Council held its Ordinary meetings at 6.30pm on the first Monday of

each month alternating between Stawell and St Arnaud.

Recommendation

That Council adopts the proposed meeting schedule as listed in the

report with meetings to commence at 6.00pm.

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Background/Rationale

This report allows Council the opportunity to consider the location and starting

time of its meetings. If Council agrees to continue its current practice, a

proposed meeting timetable is provided for consideration. It is also noted that

2016 is a local government election year in Victoria. Additional meetings may

also need to be scheduled prior to and after the election to be held on

Saturday 22 October 2016.

Date Meeting Type Location

Monday 1st February Ordinary St Arnaud

Monday 7th March Ordinary Stawell

Monday 4th April Ordinary St Arnaud

Monday 2nd May Ordinary Stawell

Monday 6th June Ordinary St Arnaud

Tuesday 14th June (budget adoption)

Due to Queen‟s Birthday

Ordinary Stawell

Monday 4 July Ordinary St Arnaud

Monday 1st August Ordinary Stawell

Monday 5th September Ordinary St Arnaud

Monday 3rd October Ordinary Stawell

Monday 14th November (due to Melb

Cup)

Ordinary St Arnaud

Monday 5th December Ordinary Stawell

Legislation, Council Plan, Strategy and Policy Implications

Council Plan Objective - Deliver targeted projects and core services.

Options

That Council adopts the proposed meeting schedule as listed. (recommended)

That Council amends the proposed meeting schedule. (not recommended)

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Reporting

Implications Considered in this

report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management No No

Financial No No

Asset Management No No

Consultation

No consultation is proposed to be undertaken in setting the meeting schedule.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Manager Responsible- Mary Scully, Manager Governance & Civic Support

In providing this advice as the Author, I have no disclosable interests in this

report.

Attachments

Nil

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09.03. Council Committees Representatives & Delegates List 2016

Department: Corporate Services

Business Unit: Governance

Director: Director Corporate Services

Manager Responsible: Manager Governance & Civic Support

Author/Position: Mary Scully, Manager Governance & Civic

Support

Summary

The purpose of the report is to appoint Councillor and officer delegates for the

next twelve months as detailed in the attachment.

Recommendation

That Council appoints Councillor and officer delegates for the next

twelve months as detailed in the attachment.

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Background/Rationale

In addition to formal Council meetings, Councillors and officers commit to

representing Council through involvement with a number of special and

advisory committees, organisations and support groups. This involvement

includes, but is not limited to, attending meetings, providing advocacy, and

acting as the conduit through which the group‟s ideas and plans are

communicated to Council.

The committees, organisations and groups are established for a variety of

purposes including providing advice to Council, to make particular types of

Council decisions such as planning decisions, those established that have

been delegated a power or duty by the Council, those required by legislation,

and others established in order to provide a regional focus on a particular

issue. Councillors will have an opportunity to be involved with numerous local

groups and those detailed in the attachment are those that Council may be

directly involved with or have been asked to be part of.

Councillors have had an opportunity to consider the various delegations to the

committees, organisations and groups as detailed in the attachment.

Financial - Council provides for the cost of memberships and meeting

attendances in its annual budget.

Legislation, Council Plan, Strategy and Policy Implications

Council Plan - Delivered targeted projects and core services.

Options

Council has the option to appoint the various Councillor and Officer delegates

or take no further action.

Reporting

Implications Considered in this report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

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Implications Considered in this report? Implication identified?

Economic & Marketing No No

Risk Management No No

Financial Yes Yes

Asset Management No No

Consultation

There has been no specific community consultation in the preparation of this

report.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice

to Council must disclose any interests, including the type of interest.

Author and Manager Responsible – Mary Scully, Manager Governance &

Civic Support

In providing this advice as the Author and Manager Responsible, I have no

disclosable interests in this report.

Attachments

9.3.1 Council Committee Representatives & Delegates 2016

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09.04. Lease - Stawell Leisure Complex (Fitopia)

Department: Economy & Community

Business Unit: Recreation Services

Director: Michael Bailey, Director Economic &

Community Development

Author/Position: Debbie Bach, Manager Economic &

Community Growth

Summary

The purpose of this report is for Council to authorise entering into a lease with

Fitopia for the use of a designated part of the Stawell Leisure Complex being

Squash Courts 5 & 6, Stawell as part of a program to maximise the use of

existing facilities.

Recommendation

That Council:

1. enters into a lease with Fitopia for the use of a designated part of

Stawell Leisure Complex, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the

relevant lease documents as agreed by all parties.

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Background/Rationale

Fitopia commenced leasing squash courts 5 & 6 at Stawell Leisure Complex

in November 2007 as a fitness and lifestyle coaching facility. The owners

undertook significant capital works at cost to themselves which has

transformed the area into a functional user friendly facility.

The current further term option for their lease is due to expire in November

2016 so to provide security for the business Fitopia has requested a new

longer term lease.

It is proposed that Fitopia will continue to provide fitness and lifestyle

coaching.

At its meeting on 5th of October 2015, Council moved the following resolution:

That Council:

1. gives notice of its intention to enter into a lease with Fitopia for the use of

a designated part of Stawell Leisure Complex, Stawell; and

2. in respect of the above notice, seeks submissions from any person

pursuant to section 223 of the Local Government Act 1989.

At the time of preparing this report no submissions have been received.

Legislation, Council Plan, Strategy and Policy Implications

Council Plan objective: Improved the social and economic viability of the shire.

Options

Option 1 (Recommended)

That Council:

1. enters into a lease with Fitopia for the use of a designated part of Stawell

Leisure Complex, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant

lease documents as agreed by all parties.

Option 2 (Not recommended)

Not to enter into a lease with Fitopia for the lease of a designated part of

Stawell Leisure Complex, Stawell.

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Reporting

Implications Considered in this

report? Implication identified?

Social Yes Yes

Heritage/Cultural No No

Amenity Yes Yes

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

Consultation

Community consultation has occurred via the giving of public notice. This has

been completed and no submissions have been received.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Author - Debbie Bach, Manager Economic & Community Growth

In providing this advice as the Author, I have no disclosable interests in this

report.

Attachments

Nil

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09.05. Lease - 87 D'Arcy Street Stawell (Grampians YMCA)

Department: Economic & Community

Business Unit: Economic & Community Growth

Director: Michael Bailey, Director Economic &

Community Development

Manager Responsible: Debbie Bach, Manager Economic &

Community Growth

Author/Position: Michael Bailey, Director Economic &

Community Development

Summary

At its meeting on the 3rd of August 2015 Council moved the following

resolution:

“That Council ceases operating Long Day Care and Kindergarten from

the Taylors Gully Childcare facility on or before 18th December 2015”.

Following the decision above, officers released an Expression of Interest for

the lease of the building. After assessment of the expression of interest

responses a paper was put to Council on the 5th of October 2015. At the

October meeting, Council moved the following resolution:

That Council:

1. gives notice of its intention to enter into a lease with the Grampians

YMCA for the use of a designated part of 87 D‟Arcy Street, Stawell;

and

2. in respect to the above notice, seeks submissions from any person

pursuant to section 223 of the Local Government Act 1989.

At the time of this report being completed no submissions have been

received.

Officers are now seeking approval to enter into a lease with Grampians YMCA

for lease of a designated part of 87 D‟Arcy Street, Stawell and authorisation

for the Mayor and Chief Executive Officer to sign the lease as agreed by all

parties.

Recommendation

That Council

1. enters into a lease with Grampians YMCA for a designated part of

87 D’Arcy Street, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the

relevant lease documents as agreed by both parties.

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Background/Rationale

The Grampians YMCA aims to develop a community hub at the facility

including the provision of activities for all generations of our community.

Specific programs and services will be targeted at improving health and social

outcomes along with more broad reaching programs such as education for

new parents.

The Grampians YMCA will also work collaboratively with the current tenants

being the Stawell & District Pre-School Association and Northern Grampians

Shire Council Maternal & Child Health Services.

It is expected that should the lease be approved it will commence on 1st

January, 2016 with services to the community commencing in February 2016.

Council passed a resolution of intention to enter into a lease with Grampians

YMCA for a designated part of 87 D‟Arcy Street, Stawell and to call for

submissions in line with section 223 of the Local Government Act 1989 at the

5th October meeting.

At the time of preparing this report no submissions have been received.

Legislation, Council Plan, Strategy and Policy Implications

Council Plan objective: Improved the social and economic viability of the shire.

Options

1. enters into a lease with Grampians YMCA for a designated part of 87

D‟Arcy Street, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant

lease documents as agreed by both parties.

or

1. Council does not enter into a lease with Grampians YMCA for a

designated part of 87 D‟Arcy Street.

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Reporting

Implications Considered in this report? Implication identified?

Social Yes Yes

Heritage/Cultural No No

Amenity Yes Yes

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

Consultation

Significant consultation has occurred with all stakeholders since the initial

decision about the future of the Taylors‟ Gully Childcare facility on the 3rd of

August 2015.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Director Economic & Community Development - Michael Bailey

In providing this advice as the Director Economic & Community Development,

I have no disclosable interests in this report.

Attachments

Nil

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09.06. Leases - Stawell Airport

Department: Infrastructure & Environment

Business Unit: Infrastructure

Director: Director Infrastructure & Environment

Manager Responsible: Manager Infrastructure

Author/Position: Sanjay Manivasagasivam, Director

Infrastructure & Environment

Summary

The purpose of this report is for Council to commence the process to enter

into formal, standardised leases with tenants for the use of designated parts of

the Stawell Airport.

Recommendation

That Council:

1. gives notice of its intention to enter into individual leases with the

following for the use of designated parts of the Stawell Airport:

David Jeanes [Lot 2]

Mike McCaw [Lot 3]

Grant Harrison [Lot 5]

GR and CM Boatman [Lots 6 and 10]

AGAIR Logistics Pty Ltd [Lots 7, 8, 13, 17, 50, 51 and 52]

Pastoral & General Holdings Pty Ltd [Lot 53]

Dean Boatman [Lot 54]

2. in respect of the above notice, seeks submissions from any person

pursuant to section 223 of the Local Government Act 1989.

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Background/Rationale

There have been ongoing discussions for several years between Council, the

Stawell Aerodrome Committee and site occupants at the Stawell airport in

regard to sites as occupied by various individuals and businesses. The

existing arrangements for each site occupation vary greatly from minimal

agreements through to formal leases, all with varying conditions, expiry dates,

payment details and length of terms.

It is proposed to adopt new leases for all sites, with common conditions,

terms, expiry dates and payment schedules, with the exception of the Bureau

of Meteorology-Automatic Weather Station site, as that lease continues until

2030 under a nominal payment schedule due to its important public

information function to the airport and the broader shire community.

There are two basic lease types proposed to be adopted, one for the Council

owned freehold sites, and one for the Crown land sites as managed by

Council as the Committee of Management under delegation from DELWP.

It is the opportune time to renew all other leases, as the Aero Restorations

lease ends on 1 December 2015 and no other site has an agreement or lease

that will still be current after that date. There are also new applicants for extra

hangar sites, plus altered site sizes due to recent upgrades and works by

various occupants.

It should be noted that all occupied sites are still liable for general rates and

charges, regardless of whether they have a formal lease or otherwise.

A new site plan has been developed to include all of the sites, and to give

them new lot numbers, street addresses and to define the lease areas. It is

still the intention at a later date to put a separate report to Council in regard to

options for the freeholding of any of the Council owned lease sites and

possible sale to those lessees who may be interested in that option. The new

freehold leases will include special conditions to allow that conversion to

freehold at any time during the term of the lease, if Council approves.

Other general features of the new lease format to be;-

● Lease term 5 x 5 x 5 years.

● Common expiry date of 1st March, and all lease payments to be invoiced

/ payable up front each year.

● All leases subject to annual CPI increases but only after initial 5 year

term.

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● Initial 5 year term with no CPI increase, but with a sliding scale of

subsidy from 80% to 50% over the next four years.

● All lease rates to be based on a $ rate per m2 of site area occupied.

● Water and sewer costs to be included in lease payments, as they cannot

be easily separated out for each site.

● Power and NBN extensions or ongoing usage costs to be borne by

tenants. [It is noted that the airport site is to be covered by a fixed

wireless network, not by the copper network, although the existing

serviced properties would remain connected to that copper network]

● All service extensions, earthworks, other site works or connection to the

access road and/or airside apron areas to be at the lessee‟s cost, unless

they can be included in a future grant application by Council.

● All site building costs, including approvals, to be at the lessee‟s cost.

● No transfer or sub-leases permitted unless prior approval of Council

obtained.

● Only aviation based businesses to be approved for any site that has

direct airside access.

● All other normal commercial lease conditions for renewal, insurances and

related matters.

Legislation, Council Plan, Strategy and Policy Implications

Council Plan objective: Improved the social and economic viability of the shire.

Options

Option 1 (Recommended)

Agree to give public notice of Council‟s intention to enter into leases with

tenants for the lease of designated parts of the Stawell Airport, and seek

submissions on the proposal.

Option 2 (Not recommended)

Not to enter into leases with tenants for the lease of designated parts of

Stawell Airport.

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Reporting

Implications Considered in this

report? Implication identified?

Social Yes Yes

Heritage/Cultural No No

Amenity Yes Yes

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

Consultation

All tenants were invited to two separate Airport Advisory Committee meetings

held on 23 November and 3 December 2015.

Community consultation will also occur via the giving of public notice. Council

is required to consider any submissions received prior to making a formal

decision on the proposed leases.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Director - Sanjay Manivasagasivam, Director Infrastructure & Environment

In providing this advice as the Director, I have no disclosable interests in this

report.

Authors - Allan Ralph, Contract Engineer/Mary Scully, Manager Governance

& Civic Support

In providing this advice as the Authors, we have no disclosable interests in

this report.

Attachments

9.6.1 Site Plan

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09.07. Sale - 14 Wellington Street St Arnaud

Department: Corporate Services

Business Unit: Governance & Civic Support

Director: Director Corporate Services

Manager Responsible: Manager Governance & Civic Support

Author/Position: Vaughan Williams, Director Corporate

Services

Summary

The purpose of this report is to formalise the process to sell Council owned

land which Council has determined it no longer requires for municipal

purposes at 14 Wellington Street St Arnaud.

Recommendation

That Council :

1. resolves to offer for sale the property at 14 Wellington Street, St

Arnaud as determined: and

2. authorises the Chief Executive Officer to enter into negotiations

with prospective purchasers, finalise terms of sale and sign and

seal the contract of sale when prepared.

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Background/Rationale

At its meeting on 5 October, Council considered the sale of 14 Wellington

Street St Arnaud on the open market and resolved to give public notice of its

intention to sell the property and to invite submissions in accordance with

section 223 of the Local Government Act 1989. Public Notice was given in

the North Central News on 14 October and 4 submissions were received.

Financial: The sale of the building will result in lower maintenance costs and

reduce our future liability for replacement. This is also an opportunity for

Council to realise a return on the sale of the land.

Asset Management: There are no service or asset management implications

and the proposed sales are consistent with Council‟s building rationalisation

strategy.

Risk Management: The sale of the property is part of Council‟s asset

rationalisation process and will lead to an improvement in our asset renewal

gap.

Legislation, Council Plan, Strategy and Policy Implications

Asset Strategy - We will reduce the infrastructure renewal gap and manage

our roads, buildings and structures for safety and optimal use by commencing

a project to review, consolidate and reduce building assets

Options

Option 1

To resolve to sell 14 Wellington Street St Arnaud on the open market and

authorise the Chief Executive Officer to enter into negotiations with

prospective purchasers, finalise terms of sale and sign and seal the contract

of sale when prepared. [Not recommended]

Option 2

To resolve to sell 14 Wellington Street St Arnaud to East Wimmera Health

Service and authorise the Chief Executive Officer to enter into negotiations

with EWHS, finalise terms of sale and sign and seal the contract of sale when

prepared. [Recommended]

Option 3

To not sell 14 Wellington Street St Arnaud. [Not recommended]

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Reporting

Implications Considered in this

report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

Consultation

The giving of public notice has allowed for community consultation and an

invitation to prospective purchasers. Five submissions were received and

circulated to Councillors separately. Council is required to consider all

submissions received prior to making a formal decision on the proposed sale.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Director - Vaughan Williams, Director Corporate Services

In providing this advice as the Director, I have no disclosable interests in this

report.

Author - Mary Scully, Manager Governance & Civic Support

In providing this advice as the Author, I have no disclosable interests in this

report.

Attachments

9.7.1 14 Wellington Street_Esmore

9.7.2 14 Wellington Street_Egan

9.7.3 14 Wellington Street_Wooley

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9.7.4 14 Wellington Street_East Wimmera Health Service

9.7.5 14 Wellington Street_Rotary

(Attachments circulated separately)

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09.08. Sale - 65 Sloane Street Stawell

Department: Corporate Services

Business Unit: Governance & Civic Support

Director: Director Corporate Services

Manager Responsible: Manager Governance & Civic Support

Author/Position: Vaughan Williams, Director Corporate Services

Summary

The purpose of this report is to formalise the process to sell Council owned

land which Council has determined it no longer requires for municipal

purposes at 65 Sloane Street, Stawell

Recommendation

That Council :

1. resolves to offer for sale on the open market the property at 65

Sloane Street, Stawell: and

2. authorises the Chief Executive Officer to enter into negotiations

with prospective purchasers, finalise terms of sale and sign and

seal the contract of sale when prepared.

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Background/Rationale

At its meeting on 5 October, Council considered the sale of 65 Sloane Street

Stawell on the open market and resolved to give public notice of its intention

to sell the property and to invite submissions in accordance with section 223

of the Local Government Act 1989. Public Notice was given in the Stawell

Times News on 16 October and 1 submission received.

Financial: The sale of the building will result in lower maintenance costs and

reduce our future liability for replacement. This is also an opportunity for

Council to realise a return on the sale of the land.

Asset Management: There are no service or asset management

implications and the proposed sales are consistent with Council‟s building

rationalisation strategy.

Risk Management: The sale of the property is part of Council‟s asset

rationalisation process and will lead to an improvement in our asset renewal

gap.

Legislation, Council Plan, Strategy and Policy Implications

Asset Strategy - We will reduce the infrastructure renewal gap and manage

our roads, buildings and structures for safety and optimal use by commencing

a project to review, consolidate and reduce building assets

Options

Option 1

To resolve to sell 65 Sloane Street Stawell on the open market and authorise

the Chief Executive Officer to enter into negotiations with prospective

purchasers, finalise terms of sale and sign and seal the contract of sale when

prepared.

[Recommended]

Option 2

To not sell 65 Sloane Street, Stawell. [Not recommended]

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Reporting

Implications Considered in this

report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

Consultation

The giving of public notice has allowed for community consultation and an

invitation to prospective purchasers. One submission was received and has

been circulated to Councillors separately. Council is required to consider all

submissions received prior to making a formal decision on the proposed sale.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Director - Vaughan Williams, Director Corporate Services

In providing this advice as the Director, I have no disclosable interests in this

report.

Author - Mary Scully, Manager Governance & Civic Support

In providing this advice as the Author, I have no disclosable interests in this

report.

Attachments

9.8.1 Landers & Rogers Lawyers (circulated separately)

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09.09. Economic Development & Planning Partnerships Report

Department: Economic & Community

Infrastructure & Environment

Business Unit: Economic Growth

Environment & Regulatory Services

Director: Director Economic & Community

Director Infrastructure & Environment

Manager Responsible: Manager Economic & Community Growth

Manager Environment & Regulatory Services

Author/Position: Debbie Bach, Manager Economic &

Community Growth

Warren Groves, Manager Environment &

Regulatory Services

Summary

This report provides information on activities being conducted within the shire

by the Business Services Team and the Planning and Development Services

Team. Economic growth remains a top priority for both teams, focusing on

business support and enabling development across the shire. The information

contained in this report, provides not only an important indicator of the

administrative work being undertaken by Council in the provision of planning

and building services, but also provides an important indicator as to the

economic activity that is occurring throughout the municipality.

Recommendation

That Council notes the information contained in the officer’s report.

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Background/Rationale

Dry Seasonal Conditions

With our agricultural community experiencing a second year of dry seasonal

conditions, this year has been described as one of the worst on record.

Australian climatic records are now sufficiently reliable to profile climate

variability taking into account expectations for regions. Bureau of Meteorology

records since the 1860s show that a „severe‟ drought has occurred in

Australia, on average, once every 18 years. State Governments are

responsible for declaring a region drought affected and the declaration will

take into account factors other than rainfall.

The worst drought to affect the country occurred in the 21st century–between

the years 2003 to 2012. Nonetheless, many regions of Australia are still in

significant drought and rainfall records have showed a marked decrease in

precipitation levels since 1994, with many scientists attributing this to climate

change and global warming.

While Northern Grampians Shire has a very robust agricultural sector, and

many businesses diversifying to minimise the impact of dry weather, there is

still a need for support to be provided by multiple services including but not

limited to Local, State and Federal Government.

Council is continuing to work with surrounding councils, health and community

organisations and government departments to help minimise the impact on

one of our most important sectors as well as the flow-on effect into the retail

sector, which has already been noticed.

As part of the Wimmera Season Condition Committee, Council has

participated in meetings to identify strategies to help the agricultural sector.

One of these strategies has been to plan a mental health first aid course,

where two people from each council area would be trained to help people deal

with depression and anxiety brought on by financial and other stresses

resulting from the dry weather event. Six councils, health services, the

Victorian Farmers Federation, Rural Financial Counselling and State and

Federal Government departments make up the Seasonal Conditions

Committee, which plans for and responds to community needs during adverse

conditions.

Council has also been talking to primary producers in the north of the shire to

understand their needs and how best to address them, and has begun

organising meetings at fire sheds and recreational reserves that will help

people with practical actions they can take to minimise the dry season‟s

impact.

These fire shed and recreation reserve events aim to:

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● Provide land managers with best practice techniques for drought

management.

● Create a greater awareness of health services available to land

managers

● Reduce the stigma of mental health illnesses

● Provide land managers with information on topics such as drought

assistance schemes are other financial assistance available.

A drought response package has been announced by the State Government

which includes:

● Extension services to farmers

The Drought Extension Program will accelerate delivery of additional farm

information and advisory services to support farmers during drought and dry

seasons. The additional farm extension services will provide farmers with practical farm advice and support services.

● CMA Drought Employment Program

The Catchment Management Authority (CMA) Drought Employment Program

will employ farmers, farm workers and individuals affected by drought to

undertake environmental projects.

● Additional Rural Financial Counsellors

The Rural Financial Counselling Service provides free, independent and

confidential support to primary producers, fishers and small rural businesses experiencing financial hardship.

The Victorian Government is funding additional counsellors.

● Community engagement and support package and Mental Health

First Aid training

Additional for Primary Care Partnerships will support community health and

community led projects. This will include Mental Health First Aid Training in the most drought impacted areas.

● Back to School

Back to School provides children from disadvantaged families attending Victorian Government Schools with uniforms, shoes and other essential items.

Back To School is available state-wide. Principals of schools in drought

affected areas will be contacted directly. This includes: Buloke, Yarriambiack,

Loddon, Northern Grampians, Horsham, Hindmarsh, Gannawarra, Pyrenees, Central Goldfields and West Wimmera Local Government areas.

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● Support for kindergarten participation

Kindergarten service providers within the identified local government areas

will be able to apply for a Drought Kindergarten Fee Subsidy on behalf of families experiencing financial hardship as a result of the drought.

Community based, not for profit kindergarten service providers that can

demonstrate financial hardship as a consequence of the drought will be

eligible to apply for a one-off grant to support their continued operation.

● Camps, Sports and Excursions Fund

The Camps, Sports and Excursions Fund (CSEF) will be extended to students in drought-affected areas.

Eligibility is being extended to students that are currently enrolled in

government and non-government schools with a parent or legal guardian who

do not hold a means-tested concession card, but are experiencing financial

hardship as a result of drought conditions.

Families who have already claimed the CSEF payment in 2015 may seek an

additional 'one off' payment under the drought relief package, which can be accessed in 2015 or 2016, prior to June 30, 2016.

● Fast tracking the consideration of regional development projects

in identified drought impacted areas which meets funding guidelines

● Water infrastructure improvements to improve stock and domestic water supply to rural communities

● Prioritising rehabilitation road works to projects in drought

affected areas

In an attachment to this report, the Summer Economic Report Card focuses

on the agriculture sector on the back of another dry season.

Following is a summary of both Planning and Building Permit activity in the

Northern Grampians Shire for the period 1 October to 31 October 2015

inclusive.

PLANNING PERMITS

Planning Permits Issued No. Value

Permits issued YTD in 2015 73 $ 13,576,773

Permits issued YTD in 2014 66 $ 18,173,346

Permits issued in October 2015 11 $ 875,500

Permits issued in October 2014 9 $ 1,082,000

Permits under consideration 34 $ 8,884,552

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A specific breakdown of the Planning Permit values issued and those under

consideration by areas in October 2015 is now provided as follows:

STAWELL

October YTD Under

Consideration

Business $495,000 $3,175,412 $ 300,000

Residential $3,569,500 $ 4,940,052

Rural

Mining

Community

Signage $8,000

Tourist Accommodation

Other $ 1,000 $1,300,000

Total $ 495,000 $6,753,912 $6,540,052

ST ARNAUD

October YTD Under

Consideration

Business $ 9,500

Residential $ 521,000 $ 250,000

Rural

Mining

Community

Signage

Tourist Accommodation

Other $ 120,000

Total $0 $ 650,500 $ 250,000

HALLS GAP

October YTD Under

Consideration

Business $10,000 $ 13,000 $ 8,000

Residential $360,000 $ 1,098,500 $ 1,399,000

Rural

Mining

Community $ 30,000

Signage

Tourist Accommodation

Other $ 85,000

Total $ $370,000 $ 1,196,500 $ 1,437,000

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OTHER AREAS

October YTD Under

Consideration

Business $ 2,500 $ 942,500

Residential $8,000 $1,197,201 $ 639,000

Rural $ 110,000

Mining

Community $ 5,160

Signage

Tourist Accommodation

Other $2,721,000 $18,500

Total $10,500 $4,975,861 $ 657,500

SUBDIVISION

No. of Applications No. of Lots

Residential 8 80

Industrial

Figure No. 1 Historical Comparison of Planning Permits Issued (No’s)

January – December 2011 – 2015

Significant Planning Permits Issued:

5.2014.11.2

(Amendment) 46 Abattoir

Road,

Stawell

Frewstal

Pty Ltd $480,000 Amendment to

Development being

Buildings and Works

associated with the

existing Abattoir (being

new processing room,

2 store rooms, truck

wash, kill floor waste

15/10/2015

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pit and trade waste

equipment facility,

extension to existing

loading bay and offal

room, extension to

amenities building,

development of a

boiler room, storage

shed, guard house and

boom gates, 6 metre

high wall, relocation of

unloading ramps and

creation of stock truck

parking and exist

driveway) and

associated works. 5.2015..69.1 3149

Western

Highway,

Stawell

KS

Padley

(Magdal

a Motor

Lodge)

$0 Use of land to sell or

consume liquor

(extension of licenced

area and inclusion of

patron numbers)

28/10/2015

5.2015.56.1 129 Main

Street,

Stawell

F

Notting $15,000 Development being

Buildings and Works.

9/10/2015

5.2015.52.1 116 Main

Street,

Great

Western

Wohcha

Pty Ltd $2,500 Use of land to sell

Liquor (Packaged

Liquor Licence) and

relocate existing

Advertising Sign

9/10/2015

Significant Planning Permit Applications Received

5.2015.74.1 60 Napier Street,

St Arnaud RL Ewert $0 Use of Land to sell or

consume Liquor (General

Liquor Licence) and

waiving of car parking

requirements for use of

land as a Hotel. 5.2015.75.1 Saleyards Road,

Stawell R Barber $300,000 Use and Development of a

Materials Recycling Facility

and associated works. 5.2015.77.1 428 Kooreh Road,

Carapooee Country Fire

Authority $9,000 Development being

Buildings and Works

associated with the existing

Emergency Services

Facility (Fire Station

Verandah) and associated

works. 5.2015.84.1 17 Forest Street,

Glenorchy James

Goldsworthy

Consulting Pty

Ltd

$9,500 Development being

building and works

(toilet/change room)

associated with the existing

Emergency Services

Facility (Rural Fire Station).

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BUILDING PERMITS

Building Permits Issued Council

Building

Surveyor

Private

Building

Surveyor

Total Value

Permits issued YTD in 2015 106 35 141 $ 10,919,687 Permits issued YTD in 2014 90 57 147 $ 11,702,790 Permits issued in October 2015

18 2 20 $ 918,613

Permits issued in October 2014

14 16 30 $ 3,184,041

Figure No. 2 Historical Comparison of Building Permits Issued (No’s)

January – December 2011 – 2015

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Significant Building Permits Issued:

6..2014.159.

1

36 Lavett

Road,

Stawell

Stawell Rifle

Club Inc.

$27,000 Extension to

existing shed

6.2015.106.1 85 Main

Street,

Stawell

RJ Haswell $55,412 Construction of

Shop Verandah

6.2015.132.1 46-48

Longfield

Street,

Stawell

Northern

Grampians

Shire Council

$2,000 Demolition of

Public Toilets

6.2015.140.1 2 Heath

Street, Halls

Gap

RJ Flecknoe

& CE

Wallman

$269,98

6

Alterations &

Change of Use to

an existing

building

6.2015.143.1 4 Allen

Crescent,

Stawell

WG & VJ

Bowers

$9,100 Demolition of

Dwelling

Legislation, Council Plan, Strategy and Policy Implications

Council Plan Objective - Improve the social and economic viability of the shire

Options

No options other than for Council to note the officer‟s report, are

recommended.

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Reporting

Implications Considered in this report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management No No

Financial No No

Asset Management No No

Consultation

No community consultation required.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Debbie Bach, Manager Economic & Community Growth

In providing this advice as the Manager and Author, I have no disclosable

interests in this report.

Warren Groves, Manager Environment and Regulatory Services

In providing this advice as the Manager and Author, I have no disclosable

interests in this report.

Attachments

9.9.1 Summer Economic Report Card

9.9.2 Bureau of Meteorology Report

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09.10. Road Discontinuance - Meagher Street Stawell

Department: Infrastructure

Business Unit: Engineering Services

Director: Director Infrastructure & Environment

Manager Responsible: Manager Infrastructure

Author/Position: Trenton Fithall, Infrastructure Engineer

Summary

To review submissions received and make a recommendation regarding the

proposed discontinuance of a portion of Meagher Street, Stawell.

Recommendation

That Council declares that the portion of Meagher Street adjacent to

Crown Allotment 3 Section 49 Parish of Stawell to be discontinued to

traffic.

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Background/Rationale

As detailed in the 3 August 2015 report, the proposed discontinuance has

been requested by the Department of Environment, Land, Water & Planning

to allow the disposal of a portion of the Meagher Street road reserve.

In declaring the road discontinuance Council is aware that the effect of the

closure will be that;

The discontinuance will be absolute;

The road will be shown as discontinued on all departmental plans and

Office of Title charts and on the titles of abutting lands;

All rights of carriageway engaged by the public will cease; and

The land in the discontinued road will become unalienated land of the

Crown and can be dealt with under the provisions of the Land Act

which includes the scale of freehold.

The formal process for Council involves:-

Forming the intention (this was done at the August Council meeting).

Giving notice of the intention and seeking submissions (an

advertisement was placed on 9 October 2015).

Allowing time for submissions (no submissions were received).

Considering submissions (no submissions were received).

Resolving to give notice in the Government Gazette; and

Processing the necessary plans and other documents to give effect.

The proposed discontinuance of the portion of road reserves will not affect

access to properties as all properties with access via this portion of Meagher

Street are owned by Eventide Homes (Stawell) Inc. which intends to buy the

portion when made available.

Legislation, Council Plan, Strategy and Policy Implications

Council will reduce the infrastructure renewal gap and manage our roads,

building and structures for safety and optimal use.

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Options

Option 1

Council does not agree to discontinue the portion of Meagher Street, Stawell

and Meagher Street continues to be a public highway.

Option 2

Council declares the portion of Meagher Street, Stawell be discontinued to

traffic.

Reporting

Implications Considered in this report? Implication identified?

Social Yes No

Heritage/Cultural Yes No

Amenity Yes No

Human Rights/Privacy Yes No

Environmental Yes No

Economic & Marketing Yes No

Risk Management Yes No

Financial Yes Yes

Asset Management Yes Yes

Consultation

Letters requesting submissions under section 223 of the Local Government

Act 1989 were sent to residents in close proximity and the Environment, Land,

Water & Planning. An advertisement about the proposed discontinuance was

placed in the Stawell Times News on Friday 9 October 2015.

No written submissions were received which is expected as the closure only

affects the parties wishing to purchase the portion of Meagher Street.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

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Infrastructure Engineer - Trenton Fithall

In providing this advice as the Infrastructure Engineer, I have no disclosable

interests in this report.

Attachments

9.10.1 DELWP Allotment Plan

9.10.2 Meagher Street Aerial Map

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09.11. Proposed Road Naming - Gre Gre

Department: Corporate Services

Business Unit: Governance & Civic Support

Director: Director Corporate Services

Manager Responsible: Manager Governance & Civic Support

Author/Position: Mary Scully, Manager Governance & Civic

Support

Summary

To consider undertaking the process to name the unnamed road between

McIntyre Road and Lowe Road at Gre Gre as Cunningham Road.

Recommendation

That Council gives public notice of its intention to name the unnamed

road between McIntyre Road and Lowe Road at Gre Gre as Cunningham

Road.

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Background/Rationale

Council is the road naming authority for local roads in accordance with

Schedule 10 of the Local Government Act 1989 which empowers Council to

name roads. Any road naming must be in accordance with Geographic Place

Names legislation.

Council officers have identified a road naming error in the VicNames database

and have suggested the naming of the unnamed road between McIntyre Road

and Lowe Road at Gre Gre, and shown on the map below, to address the

anomaly. The correct naming of this road will ensure the delivery of

emergency services.

Finance - The naming of roads incurs administration, advertising and signage

costs. Risk Management - The naming of roads is a means to minimise risk and

ensure the prompt delivery of emergency services. Asset Management - The level of service will not increase as a result of the

road being formally named. The road is classed as Rural Access Property as

per the Council‟s Roads & Street Network Service Asset Management Plan

and the maintenance standard of the road will be as per the agreed service

level by the Council for that classification. Signage is proposed.

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Legislation, Council Plan, Strategy and Policy Implications

Council Plan - Delivered targeted projects and core services.

Options

Council has the option of agreeing to give public notice of the proposal or to

take no further action. [Recommended]

Council may choose to have input into the form of community consultation

appropriate and decide whether or not to seek further comment from other

persons or groups before making a formal decision on the proposal.

Reporting

Implications Considered in this report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

Consultation

Community consultation is an important part of the road naming process and

the giving of public notice will allow interested persons an opportunity to

comment prior to the road being formally named.

As part of the required community consultation Council has sought comment

from the local Gre Gre Hall Committee to a suggestion that the road be named

as Cunningham Road in recognition of an original landholder of several

parcels of land adjoining the unnamed road. No comment was received. It is

Council‟s policy to name roads after original landholders to recognise the

contribution of early families to the area.

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Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Author - Mary Scully, Manager Governance & Civic Support

In providing this advice as the Author, I have no disclosable interests in this

report.

Attachments

Nil

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09.12. 5.2015.38.1- 151 Grampians Road, Halls Gap- Development of Three

Additional Dwellings and Subdivision of Land

Department: Environment and Regulatory Services

Business Unit: Development Services

Director: Director Infrastructure and Environment

Manager Responsible: Manager Environment and Regulatory

Services

Author/Position: Jodie Senior, Planner

Summary

To have Council consider and decide on an application for a planning permit

for the Development of three Dwellings and the Subdivision of Land (4 lots),

alteration to a Road Zone Category 1, Waiving of Carparking Requirements

and Associated Works at 151 Grampians Road, Halls Gap.

Recommendation

That Council issues a permit (Notice of Decision) for the Development of

Three Dwellings and the Subdivision of Land (4 lots), alteration to a

Road Zone Category 1, Waiving of Carparking Requirements and

Associated Works at 151 Grampians Road, Halls Gap, subject to

conditions.

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Background/Rationale

The Land

The land is situated at 151 Grampians Road, Halls Gap being Lot 3 LP

116118, Parish of Boroka.

The land has access from Grampians Road, which is a Road Zone Category 1

(VicRoads).

There is currently a two bedroom brick dwelling on the subject land, located at

the front of the site. Behind the dwelling is a large area of undeveloped land,

which has a fall towards the rear boundary, which contains a wetland type

area.

There are a number of trees on the site along the northern and some on the

southern boundaries of the subject land.

To the north of the subject land is Darcy's Restaurant and accommodation,

which is a large hotel/motel complex. Further to the north are dwellings. To

the south of the subject land is the Halls Gap Motel.

To the west is the Valley Floor, part of which is known as being a wetland

area. This area is currently zoned Farming Zone, but is looking at being

rezoned in the near future to Rural Activity Zone.

Land adjacent to the subject land is a mixture of private dwellings as well as

dwellings used for tourist accommodation.

Subdivision

The proposed subdivision allows for four lots, each one to consist of a

dwelling. Common property is also proposed as part of the subdivision, which

includes access. Visitor car parking was also supplied in the original site plan,

but has since been removed due to the turning circle and access requirements

for forward entry/exit only. A condition would be inserted in a proposed permit

for amended subdivision plans.

The initial site plan submitted with the application indicated that the proposed

lots were to be as follows:

● Lot 1 - 768m2

● Lot 2 - 510m2

● Lot 3 - 426m2

● Lot 4 - 1130m2

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However, due to recent changes to accommodate a turning circle, lots 3 & 4

will be required to be altered slightly. Amended plans will be required.

Proposal

This is a proposal for the Development of Three Dwellings and the

Subdivision of Land (4 lots), Alteration to a Road Zone Category 1, Waiving of

Carparking Requirements and Associated Works at 151 Grampians Road,

Halls Gap.

Existing Dwelling

There is an existing brick veneer dwelling on the subject land which is to be

internally and externally renovated. It currently contains two bedrooms, living,

meals kitchen, laundry and bathroom. There is decking out the front, and at

the rear.

The dwelling currently has a flat roof and is approximately a total height of

3.1m above the natural ground level. The dwelling is 11.6m x 7m with two

decking areas. (one of these being 3m x 5m and the other being irregular in

shape - 5m x 3m deep near the carport and 1.8m near the rear of the

building).

Proposed Renovations

The proposed renovations will change the look of the current dwelling. The

decking area will increase to 8m x 3m on the east side, 7.5 x 2m on the west

side and 7m x 2m on the northern side. The applicant proposes to have two

additional tanks (each 5,000 litres) on the southern side of the dwelling near

the accessway.

The proposed roofline is completely different to what is existing, and is to be a

total height of 4.6m above the natural ground level. Currently the roof is flat,

the proposed is to be similar to that of a 'butterfly' type roofline. The size of

the windows will also be increased significantly with majority of them being

floor to ceiling instead of the standard 70's type aluminium windows. Please

refer to Assessment Report for further information.

Proposed Dwellings

The proposed three new dwellings are to comprise two bedrooms with

ensuite, combined family, dining and kitchen area and separate laundry. Each

dwelling is to have its own secluded private open space, with direct access

from the family/living area to a timber deck and outdoor spa area.

The roofline of the proposed three new dwellings will be similar to the one

proposed for the existing dwelling. The rooflines on the new dwellings

however will be higher at a total height of approximately 5.8m above the

natural ground level. Please refer to floor elevation plans shown in the

Assessment Report.

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Key Issues

The key issues in this proposal are:

● The purpose of the Zone

● The purpose of the Overlays

● One objection (based on commercial advantage)

● The potential for impact on the amenity of the area

● Decision Guidelines of Clause 65

Legislation, Council Plan, Strategy and Policy Implications

The application is consistent with:

● Council Plan 2013-2017

● Planning and Environment Act 1987

● Northern Grampians Planning Scheme

Options

Option 1

That Council issues a permit (Notice of Decision) for the Development of three

Dwellings and the Subdivision of Land (4 lots), Alteration to a Road Zone

Category 1, Waiving of Carparking Requirements and Associated Works

(recommended).

Option 2

That Council refuses to issue a permit (not recommended).

Option 3

That Council defers consideration of the application pending the provision of further information (not recommended).

Reporting

Implications Considered in this report? Implication identified?

Social Yes No

Heritage/Cultural Yes No

Amenity Yes Yes

Human Rights/Privacy No No

Environmental Yes No

Economic & Marketing Yes Yes

Risk Management Yes No

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Implications Considered in this report? Implication identified?

Financial Yes No

Asset Management Yes No

Consultation

Notice of the application was given pursuant to Section 52 of the Planning and

Environment Act 1987, by advertisement, by letter to adjoining landowners

and occupiers, and by a sign on the subject land.

Summary of Objection

The objector believes that the proposed dwellings are adding to the oversupply

of commercial accommodation which is impacting on the viability of accredited

tourism operators. The objector also states that long term accommodation is

what Halls Gap really needs. Please refer to the Assessment Report for further

discussion.

Under the Planning and Environment Act 1987, Section 57(2A) “the

responsible authority may reject an objection which it considers has been

made primarily to secure or maintain a direct or indirect commercial

advantage for the objector”. In this instance, the objection could be

considered to fall under this category.

Even though the objection is considered to fall under this category, it was

decided that the application should be considered by Council due to the type of

development and to highlight the difference between „Dwelling‟ and

„Accommodation‟.

Definitions are as follows:

Accommodation - Land used to accommodate persons.

Dwelling - A building used as a self contained residence which must

include:

a) a kitchen sink;

b) food preparation facilities;

c) a bath or shower; and

d) a closet pan and wash basin.

It includes out-buildings and works normal to a dwelling.

The planning application itself states that the proposal is for „Dwellings‟, and

that is what the Planning Department has considered in this instance.

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Once each of the proposed lots are sold, there is no control as to what the

owners propose to use the dwellings for, however, planning permission should

be sought for the use of „Accommodation‟. A note is to be inserted on the

proposed planning permit.

Mediation

A mediation meeting was not considered necessary in this instance.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing

advice to Council must disclose any interests, including the type of interest.

Planner - Jodie Senior In providing this advice as the Planner, I have no

disclosable interests in this report.

Attachments

9.12.1 Assessment Report 5.2015.38.1

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10. NOTICES OF MOTION OR RESCISSION

Nil

11. REPORTS FROM COUNCILLORS/COMMITTEES

Nil

12. URGENT BUSINESS

Nil

13. PUBLIC QUESTION TIME

14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL

GOVERNMENT ACT 1989

A Council or Special Committee may resolve that the meeting be closed

to members of the public if the meeting is discussing any of the

following :

(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 other person;

(i) A resolution to close the meeting to members of the public.

14.1 Contract No. C9 2014/15 - Supply of Gravel (Unsealed) Pavement

Material

15. CLOSE

_

JUSTINE LINLEY

CHIEF EXECUTIVE OFFICER

20 November, 2015