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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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