m3 - 1 april 2014 - minutes (2) - alpine shire council · ms heather green – director ... m3 –...

ORDINARY COUNCIL MEETING

MINUTES

M3 – 1 April 2014

Council Chambers

7.00pm

Ordinary Council Meeting

M3 – 1 April 2014

1353

The Ordinary Meeting of the Alpine Shire Council was be held in the Council Chamber,

Churchill Avenue, Bright on 1 April 2014 and commenced at 7.00 pm.

PRESENT

COUNCILLORS

Cr Peter Roper – Mayor

Cr Jan Vonarx – Deputy Mayor

Cr Kate Farrell

Cr Daryl Pearce

Cr Ron Janas

OFFICERS

Mr Dave Barry – Chief Executive Officer

Ms Heather Green – Director Sustainable Development

Mr Trevor Britten – Director Corporate and Community

Mr Ian Ellett – Director Infrastructure Service

Ms Lisa Hood – Executive Assistant to Chief Executive Officer


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AGENDA

1 ACKNOWLEDGEMENT OF TRADITIONAL CUSTODIANS, RECOGNITION OF ALL

PEOPLE AND OPENING PRAYER ....................................................................... 1356

2 CONFIRMATION OF MINUTES .......................................................................... 1356

2.1 ORDINARY COUNCIL MEETING – M2 ................................................................. 1356

3 APOLOGIES ...................................................................................................... 1356

4 OBITUARIES / CONGRATULATIONS ................................................................... 1356

5 DECLARATIONS BY COUNCILLORS OF CONFLICT OF INTEREST ......................... 1356

6 QUESTION TIME ............................................................................................... 1356

7 PRESENTATION OF REPORTS BY OFFICERS ....................................................... 1358

7.1 CHIEF EXECUTIVE OFFICER – DAVE BARRY ......................................................... 1358

7.1.1 Contracts approved by the CEO .............................................................. 1358

7.2 DIRECTOR CORPORATE AND COMMUNITY SERVICES – TREVOR BRITTEN .......... 1359

7.2.1 Audit Committee Minutes – 18 March 2014 ............................................. 1359

7.2.2 Lease Agreement - Mount Beauty and District Men's Shed ....................... 1361

7.3 DIRECTOR INFRASTRUCTURE SERVICES – IAN ELLETT ........................................ 1367

7.3.1 Memorandum of Understanding between Alpine Shire Council and North East

Catchment Management Authority .......................................................... 1367

7.4 DIRECTOR SUSTAINABLE DEVELOPMENT – HEATHER GREEN ............................. 1369

7.4.1 Alpine Planning Scheme - Amendment C34: Request for Rezoning, Great

Alpine Road, Bright ................................................................................. 1369

7.4.2 Application for a Planning Permit 5.2013.46.1 for the Two Lot Subdivision of

Land and Creation of Easements ............................................................. 1374

8 ASSEMBLY OF COUNCILLORS ........................................................................... 1383

9 PRESENTATION OF REPORTS BY DELEGATES .................................................... 1384


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10 GENERAL BUSINESS .......................................................................................... 1385

11 MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN ......................... 1385

12 RECEPTION AND READING OF PETITIONS ......................................................... 1385

13 DOCUMENTS FOR SEALING .............................................................................. 1386

14 CONFIDENTIAL REPORT ................................................................................... 1387

14.1.1 Dinner Plain Montane Swamp Offset Management Agreement ................. 1387


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1 ACKNOWLEDGEMENT OF TRADITIONAL CUSTODIANS, RECOGNITION OF ALL

PEOPLE AND OPENING PRAYER

The CEO read the opening prayer and acknowledgement of the traditional custodians and

recognition of all people.

2 CONFIRMATION OF MINUTES

2.1 ORDINARY COUNCIL MEETING – M2

Cr Jan Vonarx Cr Ron Janas

That the minutes of Ordinary Council Meeting No 2 held on 4 March 2014 as circulated be confirmed. Carried

3 APOLOGIES

Cr Tony Keeble

4 OBITUARIES / CONGRATULATIONS

Cr Jan Vonarx extended congratulations to the Myrtleford Festival Committee on its

organisation of another successful event.

Cr Peter Roper extended congratulations to the organisers, participants and

residents and visitors and Council Officers in its involvement in the recent bicycle

events held across the Shire. The National Mountain Bike Championships event

generated great coverage on SBS and showcased the Shire.

5 DECLARATIONS BY COUNCILLORS OF CONFLICT OF INTEREST

Nil

6 QUESTION TIME

1. Mr Ray Dyer

Queried the accuracy of the minutes of the March Council Meeting as the start time

was incorrect.

Cr Peter Roper responded.

2. Mr Lory Toriero

Questioned why the Council Website had been altered.

Mr Dave Barry – CEO advised that the old website was out-dated. The new website

had a refreshed look, was easier to navigate and provided more up to date

information and was easier to read.


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3. Mr Stuart Hargraves

Questioned Bennett’s Trail signage and the lack of general signage to navigate

people in the right direction.

Mr Ian Ellett – Director Infrastructure Services took the question on notice. In

the interim the matter would be logged as a CRM.

Ms Heather Green – Director Sustainable Development advised that Council was

in the process of working on a Wayfinding Strategy which would better connect

all the tracks and trails. A Bright and Surrounds Walks and Trails Guide had been

developed and Mr Hargreaves was provided with one at the conclusion of the

Council Meeting.

4. Mr Mark Steven

Congratulated Council on the recent publicity with respect to the Mountain Bike

Event.

Mr Steven asked Council what it was doing to reduce Council expenses and what

Councillors were doing to reduce their spending.

Cr Peter Roper responded and advised that a lot of analysis had been

undertaken since Mr Barry had commenced with Council. Cr Roper also advised

that due to new legislation, councillor expenses would be reported in the annual

report for scrutiny by the public.

Mr Dave Barry – CEO outlined the program underway to review services, costs

and human resources.

Mr Barry advised that every element of the organisation was being looked at to

maximise on the dollar spend for the community.

5. Mr Ray Dyer

Questioned why no response had been provided to a letter given to Cr Peter

Roper regarding Mount Buffalo Chalet.

Cr Peter Roper responded and advised that the letter in question was placed in

the Bright Visitor Information Centre as requested and removed by a person

unknown.

Mr Dave Barry – CEO advised that he had recently met with Mr Dyer to go

through a range of outstanding matters and that this had not been raised at the

time as being outstanding.


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7 PRESENTATION OF REPORTS BY OFFICERS

7.1 CHIEF EXECUTIVE OFFICER – DAVE BARRY

7.1.1 Contracts approved by the CEO

Cr John Forsyth Cr Daryl Pearce

That the Contracts approved by the CEO be noted.

Contract

No.:

1306001 Process: Invitation to tender

Title: Design and construction of upgrade to Snowy Creek Bridge,

Freeburgh, to 25T capacity

Tenderer Timber Restoration Systems Pty Ltd

$ (excl. GST) $80,465.00

Funding: The budget for this project is $130,000 funded from the Snowy

Creek Bridge Construction budget.

Contract

No.:

1400101 Process: Invitation to tender

Title: Erosion mitigation, McIlroy Rae Road, Gapsted

Tenderer O’Loughlin Excavations Pty Ltd

$ (excl. GST) $124,065.14

Funding: The estimated cost for this project was $125,000. All costs for

this project are reimbursable under Natural Disaster Funding.

Carried


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7.2 DIRECTOR CORPORATE AND COMMUNITY SERVICES – TREVOR BRITTEN

7.2.1 Audit Committee Minutes – 18 March 2014

File Number:

INTRODUCTION

The Audit Committee (the Committee) met on 18 March 2014. Key reports

presented to the Committee included:

• Quarter 2 financial performance against budget;

• Overview of the new Local Government Reporting Framework;

• Risk Assessment internal audit report, presented by Council’s internal auditors

Crowe Horwath; and

• Progress report – Risk, OHS and WorkCover.

Minutes of the meeting are attached.

Cr John Forsyth Cr Daryl Pearce

That: 1. the minutes of the Audit Committee meeting held on 18 March 2014 be received

and the committee recommendations noted (refer to attachment);

2. a report be provided to the next Audit Committee meeting identifying actions and timeframes to achieve Items 1 to 8 of the Internal Audit report; and

3. Internal Audit Progress Report’ be listed as a standing Audit Committee agenda item until its completion;

4. Employer Performance Rating scores be included in future ‘Risk, OHS and WorkCover’ reports for benchmarking purposes;

5. OHS performance be reported quarterly at Council Briefing Sessions;

6. Conduct of an external OHS audit of all Council worksites against the Act and relevant standards be investigated.

Carried

BACKGROUND

The Audit Committee is charged with overseeing the prudent risk management of

the organisation. A well informed and inquisitive Audit Committee is a fundamental

component of Council’s corporate governance structure.

Matters discussed at the March meeting included:

Finance Report, Quarter 2 Budget Review


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The Finance report was approved at the 4 March 2014 Council meeting. The

Finance Report Quarter 2 was presented to the Audit Committee for information

purposes.

Refer to item 4.1 of the minutes.

Local Government Reporting Framework

Local Government Victoria (LGV) has led the development of the Local Government

Performance Reporting Framework (LGPRF) to ensure that all councils are measuring

and reporting on their performance in a consistent manner.

The LGPRF has now been endorsed in legislation through the Local Government

Amendment (Performance Reporting and Accountability) Act 2014. This Act will

amend the Local Government Act 1989 on 18 April 2014, and introduces new

performance reporting requirements, as well as changes to the presentation of

Council’s Budget and Strategic Resource Plan.


Risk Assessment Internal Audit Report

The Audit Committee requested at its October meeting for the Internal Auditors to

undertake a Risk Assessment Review. The purpose of this review was to assist in

determining the high risk areas within Council to assist in prioritising the focus for

internal audits going forward.


Progress report - Risk, OHS and Work-Cover

This report presented to the Audit Committee provided an update on OHS and

WorkCover matters and provides an overview of incidents and lost time frequency

rates as requested by the Audit Committee at its October meeting.


DECLARATION OF CONFLICT OF INTEREST

Under Section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:

• Director Corporate and Community

• Manager Finance and Business

ATTACHMENT(S)

• 7.2.1 Audit Committee Minutes


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7.2.2 Lease Agreement - Mount Beauty and District Men's Shed

File Number: 00500.13

INTRODUCTION

This report relates to the proposal by the Mount Beauty and District Men’s shed to

develop a parcel of land adjacent to the Mount Beauty Neighbourhood Centre and

more specifically the need to enter into leases with the relevant land and

leaseholders.

Cr Daryl Pearce Cr Ron Janas

That:

1. Council enter into a lease with AGL Hydro for 1150sqm of land on Tennis Court Avenue, being part of Lot 22 PS/412324;

2. The Lease Agreement between AGL Hydro and Alpine Shire Council be signed and sealed;

3. Council agree to enter into a lease with the Mount Beauty and District Men’s Shed for a 250sqm piece of Council land being part Lot 2 LP/215137 and 615sqm piece of the AGL leased land being part Lot 22 PS/412324 both on Tennis Court Avenue; and

4. Public notice of Council’s intention to enter into a lease with the Mount Beauty and District Men’s Shed be given under section 190(3)(c) of the Local Government Act 1989 for a minimum period of four weeks and provide for any person to make a submission on the proposed lease under section 223 of the Act.

Carried

BACKGROUND

Council agreed in September 2013 to:

• excise a parcel of land from the lease agreement between Council and the

Mount Beauty Neighbourhood Centre; and

• enter into a new lease with the Mount Beauty and District Men’s shed for the

same parcel of land to enable them to apply for a grant from the Department of

Human Services.

Recently the Mount Beauty and District Men’s Shed were awarded $60,000 for the

purpose of constructing a new facility to operate the men’s shed service. This grant

was obtained through the Department of Human Service’s Strengthening Men’s

Sheds program.


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ISSUES

Land Area

The site of the proposed men’s shed is owned in part by Council and part by AGL

Hydro. The Mount Beauty Neighbourhood Centre has a lease and portable buildings

on part of the land owned by Council, the subject of the Council’s resolution in

September 2013.

At the time it was noted that the land area was not adequate for the size of the

facility to be constructed and Council officers were negotiating with AGL to lease an

adjacent area of land to the north-west of the parcel in question.

Leases

In order for the Mount Beauty Men’s Shed to proceed Council needs to enter into

two new leases:

1. Lease of 1150sqm from AGL; and

2. Lease to Mount Beauty Men’s shed of 250sqm of Council land and the sub-lease

of 615sqm of the AGL land the subject of lease 1.

Lease 1:

This lease involves a 1150sqm parcel of AGL land on Tennis Court Avenue, being

part of Lot 22 PS/412324 bordered by the Mount Beauty Neighbourhood Centre

and Mount Beauty Pondage.

AGL has agreed to the sublease of 615sqm of this land to the Mount Beauty Men’s

Shed project subject to the following conditions:

• Permitted use is for the construction and operation of a Men’s shed multi-

purpose community facility including commercial activity to the extent that is

ancillary to the operation of a Men’s shed.

• 10-year term;

• $1/annum rent.

The balance of this lease includes the existing walking/bike track and will remain

under Council management.


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Figure 1: Area of AGL Land to be leased

Lease 2:

This proposed lease involves a 250sqm piece of Council land being part Lot 2

LP/215137, and 615sqm piece of the AGL leased land being part Lot 22 PS/412324

both on Tennis Court Avenue and both bordered by the Mount Beauty

Neighbourhood Centre and Mount Beauty Pondage. The proposed conditions of

this lease are:

• available for community use;

• managed by a Committee of Management that is representative of the groups

and organisations using the facility;

• 10-year term;

• $1/annum annual rent;

• the Mount Beauty & District Men’s Shed will be responsible for the following

expenses;

• public liability and Building and contents insurances,

• operating and utility expenses, and

• maintenance according to the Alpine Shire Council Building Maintenance Policy.


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Figure 2: Lease with Mount Beauty Men’s Shed including additional council land

The signing of this lease will provide adequate land for the construction of the

Men’s Shed facility and give some separation to the neighbourhood centre.

On signing and sealing of this lease, the existing lease between Council and the

Mount Beauty Men’s Shed (signed in September 2013) will be terminated.

Legislative Requirements

As Council is proposing to enter into a lease(s) with Mount Beauty Men’s Shed for

the purpose of constructing a building, it must, under section 190(3)(c) of the Local Government Act 1989, at least 4 weeks before the lease is made publish a public notice of the proposed lease and provide for any person to make a submission on

the proposed lease under section 223 of the Act.


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POLICY IMPLICATIONS

2013-2017 Council Plan

Key Direction 5; Services and

facilities

Health, community education and recreation services

cater for an active population of all ages, and offer a

wide variety of choices,

Well planned and serviced infrastructure ensures ease

of access and connection between people, and

Recreation services and facilities encourage the active

participation of all ages groups in the community,

2013-2017 Council Plan

Strategic Objective 3.1 To support the health and wellbeing of communities

Alpine Liveability Plan

Outcome: Connectivity

Priority: Social Connectedness

Strategic Objectives: To

facilitate opportunities for

residents and visitors to

participate in activities that

promote social connectedness

Key 4 year actions: Secure suitable premises for the Mt

Beauty Men's Shed

FINANCIAL AND RESOURCE IMPLICATIONS

The project has a total cost of $80,000 of which $60,000 has been sourced and

secured from the Department of Human Service’s Strengthening Men’s Sheds

program with the community contributing $10,000 cash and $10,000 in-kind.

Council’s contribution to the project is $2,500 towards the land and legal costs

associated with the preparation and execution of the leases.

Approximately 250m2 of Council public park and recreation land in Tennis Court

Avenue, Mount Beauty is identified. The value of the land is estimated at $20,000;

under this proposal, the land would remain on Council’s asset register.

CONSULTATION

There has been extensive consultation with the Mount Beauty and District Men’s

Shed, the Mount Beauty Neighbourhood Centre and AGL Hydro. Public notice under

section 190(3)(c) will provide the final step in the consultation process.


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CONCLUSION

Once operational, the shed will benefit numerous user groups and greatly

contribute to the improved health and wellbeing of men in the Alpine Shire. The

leases should be supported to enable the construction of this facility.



• Director Corporate and Community

• Community Officer – Facilities and Engagement

ATTACHMENT(S)

• 7.2.2 Lease Agreement between AGL Hydro and Alpine Shire Council


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7.3 DIRECTOR INFRASTRUCTURE SERVICES – IAN ELLETT

7.3.1 Memorandum of Understanding between Alpine Shire Council and North East

Catchment Management Authority

File Number: 564.02

INTRODUCTION

This report presents a Memorandum of Understanding (MOU) between Alpine Shire

Council and North East Catchment Management Authority for Council’s

endorsement. The MOU has been developed to strengthen the partnership and

enhance the working relationship between the two organisations.

Cr Ron Janas Cr Jan Vonarx

That Council endorses the Memorandum of Understanding between Alpine Shire Council and North East Catchment Management Authority (refer to attachment).

Carried

BACKGROUND

A Memorandum of Understanding (MOU) has been developed jointly by officers

from Council and North East Catchment Management Authority (NECMA) to help

ensure that there is a collaborative effort where the objectives of each organisation

overlap.

The key purpose of the MOU is to enhance the working relationship between

Council and NECMA and the respective understanding of each other’s business.

It is expected that the stronger partnership between the two organisations will

deliver the following benefits:

• A shared approach to implementing key initiatives of NECMA’s Regional

Catchment Strategy (May 2013) and Council’s Environment Strategy (October

2013) including possible joint funding applications.

• A streamlined approvals process for works on waterways.

• Improved flood plain management.

• Stronger recognition of the high public use for recreational purposes of key

urban waterway environments such as the river pools.

• A closer and more informed working relationship in emergency management.

• Improved community understanding of the natural resource management roles

of both organisations.


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ISSUES

This report presents a proposed MOU for Council’s consideration.

The synergy of Council’s Environment Strategy with NECMA’s Regional Catchment Strategy and the agreement by each organisation to enter into an MOU provide an ideal opportunity in the coming weeks to jointly launch the Environment Strategy with this agreement to a stronger partnership.

POLICY IMPLICATIONS

The Council Plan provides very strong distinct linkages to support this initiative.

The Council’s vision and the some of the key themes, namely Inspired Community Leadership, Enhancing the environment and liveability, and Strengthening the Community all provide clear strategic direction in relation to this MOU.

While some improved and streamlined processes are expected to be achieved

through the MOU, there are no specific policy implications.


There are no direct financial implications as a consequence of entering into this

MOU.

The document provides a shared understanding of a number of specific outcomes

to be pursued but does not commit Council to any specific projects or works.

CONSULTATION

Consultation has occurred between officers of both organisations.

It is understood that the NECMA Board will be considering this MOU at its meeting

on 22 April 2014.

CONCLUSION

The proposed MOU provides a positive opportunity for Council and NECMA to

make a commitment to work collaboratively for the benefit of the community.



• Director Infrastructure Services

ATTACHMENT(S)

• 7.3.1 Memorandum of Understanding between North East Catchment

Management Authority and Alpine Shire Council dated March 2014.


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7.4 DIRECTOR SUSTAINABLE DEVELOPMENT – HEATHER GREEN

7.4.1 Alpine Planning Scheme - Amendment C34: Request for Rezoning, Great

Alpine Road, Bright

File Number: 01468.34

INTRODUCTION

Oxley and Company, on behalf of the land owner Malcolm Milne, has made a

request to Council to amend the Alpine Planning Scheme. The amendment request

is to rezone nine parcels of land being, Lots 1 and 2 PS613866 and Lots 1, 2, 4, 5, 7,

8 and 9 TP859376, Great Alpine Road, Bright, from the Farming Zone to the

Residential 1 Zone. Council must consider the request and if it supports the

proposal seek authorisation from the Minister for Planning to prepare the

Amendment.

Cr Ron Janas Cr Kate Farrell

That authorisation be sought from the Minister for Planning, under Section 8A(2)and (3) of the Planning and Environment Act 1987, to prepare amendment C34 to the Alpine Planning Scheme to:

a. rezone Lots 1 and 2 PS613866 and Lots 1, 2, 4, 5, 7, 8 and 9 TP859376, Great Alpine Road, Bright, from the Farming Zone to the Residential 1 Zone; and

b. apply the Development Plan Overlay (Schedule DPO3) to the subject land.

Carried

BACKGROUND

The Land

The subject land is described as:

• comprising 9 separately transferrable parcels identified as Lots 1 and 2

PS613866 (within Certificates of Title Vol.11193 Folios 485 and 486) and Lots 1,

2, 4, 5, 7, 8 and 9 TP859376 (within Certificate of Title Vol.06451 Fol.140);

• located on the south side of the Great Alpine Road approximately 1.7 kilometres

north west of the Bright town centre;

• being situated within the identified Urban Growth Area 1 – Great Alpine Road

and Stackey Gully Road locality;

• irregular in shape and largely oriented in a north south direction;

• approximately 8ha in area; and

• predominantly cleared other than a few relatively young native trees and a small

nut plantation in the north west corner of the site.


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Zoning

Being located on the edge of the Bright Township the subject land is currently

included in the Farming Zone. It is to be noted also that the land to the south across

Stackey Gully Road is zoned Residential (R1Z) while nearby to the south east as well

as to the east across the rail trail land is land situated within the Low Density

Residential Zone.

Figure 1: Locality Plan

Residential Land Review 2005

The Alpine Shire Residential Land Review:

• was adopted in 2005 and amended in 2006;

• assessed the Shire’s population growth, its location, residential development

activity and the availability of lots including land in the Bright locality;

• recommended rezoning a number of parcels of land, including the subject land,

to ensure that an adequate land bank of residential land is maintained to satisfy

future demand; and

• was given effect in the Alpine Planning Scheme by way of Amendment C15

coming into effect on 20 January 2011.


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Amendment Request

The request seeks the following changes to the Alpine Planning Scheme:

• rezone Lots 1 and 2 PS613866 and Lots 1, 2, 4, 5, 7, 8 and 9 TP859376, Great

Alpine Road, Bright, from the Farming Zone to the Residential 1 Zone); and

• apply the Development Plan Overlay (Schedule DPO3) to the subject land.

The draft explanatory report outlining what the amendment is about and the

strategic justification for the amendment is included as attachment 7.4.2 to this

report.

ISSUES

Subdivision

It should be noted that the request before Council is for the rezoning of the land

only and any proposal for subdivision of the land in the future will be subject to the

due process of a planning permit application under the Planning and Environment Act 1987 and the provisions of the Alpine Planning Scheme that apply at that time. Councils support for the rezoning at this stage does not imply support or approval

for the subdivision of the subject land.

The proposal has been referred to VicRoads and CFA who raise no objection to the

Amendment proceeding.

POLICY IMPLICATIONS

Municipal Strategic Statement

Strategy Implementation

Residential Areas

• Utilise existing vacant

residentially zoned land for

short term residential growth.

• Ensure new residential

development respects the

density patterns of existing

residential neighbourhoods.

• Ensure minimum lot sizes for

residential subdivision are

appropriate to the area and

have regard to the existing lot

sizes and density of

development in the

neighbourhood.

Subject to the necessary site investigations

and consultation with relevant authorities,

• potential rezoning of the land to the south

of the Great Alpine Road from Rural to

Residential 1 and Low Density Residential

and applying appropriate development

overlays to ensure: a 50m wide buffer from

the Great Alpine Road; building envelopes

on land included in the Low Density

Residential Zone; and no development

occurs on land with a slope greater than

20%.


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The request to amend the Alpine Planning Scheme to facilitate residential

subdivision of the subject land is consistent with the identified strategies and

implementation measures of Council’s Municipal Strategic Statement.


The land owner engaged the services of a planning consultant to prepare the

request for amendment. As part of the request, a draft Explanatory Report and draft

DPO schedule have been prepared in support of the amendment and supplied to

Council. Both documents required minor review with the current versions attached

to this report.

Council has also been successful in gaining assistance from DPCD under the Rural

Flying Squad Program to engage EDM Group consultants to prepare necessary

documentation and to assist in the processing of this Amendment.

Both these measures significantly assisted in the reduction of staff resources

required including the initial processing phases such as the subsequent request for

Authorisation being lodged with the Minister for Planning, should Council support

this Amendment proposal.

There will some on-going costs associated with public notification which will be

adequately covered by statutory fees payable by the applicant.

The only unknown at this stage will be costs associated with a potential Panel

Hearing if objections are received to any public exhibition.

CONSULTATION

Sections 17 and 19 of the Planning and Environment Act 1987 outline the required notice and exhibition of an amendment to the planning scheme. Public notification

will be given for a minimum one month period to land owners, relevant Ministers

and authorities and the general public. Consultation is not undertaken until such

time as the Minister for Planning gives authorisation for the amendment.

CONCLUSION

The amendment request before Council is directly in response to strategies

supported with the introduction of Amendment C15 into the Alpine Planning

Scheme. As a consequence it is considered that Council should now seek

authorisation from the Minister for Planning to prepare Amendment C34 to the

Alpine Planning Scheme to:

• rezone Lots 1 and 2 PS613866 and Lots 1, 2, 4, 5, 7, 8 and 9 TP859376, Great

Alpine Road, Bright, from the Farming Zone to the Residential 1 Zone); and

• apply the Development Plan Overlay (Schedule DPO3) to the subject land.


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• Director Sustainable Development

• Manager of Development Services and Amenity

ATTACHMENT(S)

• 7.4.1 Amendment C34 Explanatory Report

• 7.4.1 Draft Amendment documentation


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7.4.2 Application for a Planning Permit 5.2013.46.1 for the Two Lot Subdivision of

Land and Creation of Easements

INTRODUCTION

Application Number: 5.2013.46.1

Applicant’s Name: Mr James McCrohan of ESLER & ASSOCIATES

Owner’s Name: Mr Mario Rossaro of 147A KIEWA VALLEY HWY, TAWONGA

SOUTH

Address: LOT 1 on TP339084, 147A KIEWA VALLEY HWY, TAWONGA

SOUTH

Land size: 22.15ha

Current use and

development:

The subject site is currently used for agriculture. There are three

large sheds used in association with the agricultural use and

one dwelling.

Proposal: Two – lot subdivision and creation of easements

Why is a permit required? A planning permit is required for:

- Subdivision pursuant to Clause 35.07-3

- Subdivision pursuant to Clause 44.06-2

- Creation of easements pursuant to Clause 52.02

Zoning: Farming Zone (FZ)

Overlays: Part Bushfire Management Overlay (BMO)

Restrictive covenants on

the title?

Nil

Date Received: Original application lodge 9 May 2013, final amended

application lodged 26 November 2013.

Statutory Days: 126

Planner: Sam Porter

Cr Jan Vonarx Cr Daryl Pearce

That consideration of this application be deferred until at the request of the applicant.

Carried


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REASONS FOR THE RECOMMENDATION

The land is strategically important for the residential growth of Tawonga South and

has been identified in the Residential land Review (Alpine Shire Council 2005) as an

Urban Growth Area. Fragmentation of the land by way of the proposed two lot

subdivision and easement creation has the potential to undermine the future

development of the land for residential purposes.

PROPOSAL

A planning application has been made for a two lot subdivision and creation of

easements at 147A Kiewa Valley Hwy, Tawonga South. The subject land is legally

known as Lot 1 on TP339084 and is located on the western, uphill side, of the Kiewa

Valley Hwy between Feathertop Street and Young and Damms Court (or between

the 1st and 2nd Estates). The subject land is 22.15 hectares in area.

Proposed Lot 1 will contain the existing dwelling and comprises of 4196m2. The

balance lot will comprise of 21.74 hectares and will contain the three large sheds

and the surrounding grazing pastures.

The Proposed Plan of Subdivision is shown below in Figure 1. The proposed Lot 1

is triangular in shape and will contain no frontage to the Kiewa Valley Hwy road

reserve. In order for Lot 1 to obtain legal access a carriage way easement (E-2) is

proposed over the existing driveway to be located on Lot 2. To formalise the

existing town reticulated water supply a second easement (E-1) is proposed across

Lot 2 benefiting Lot 1. A third easement (E-3) is proposed to legalise an historic and

accidental encroachment of development from an adjoining Residential 1 Zoned

(R1Z) piece of land known as 145-147 Kiewa Valley Hwy.

The applicant has advised that he can no longer manage the farm and wishes to

remain in his dwelling in his retirement.

Figure 1 - Subject land and proposed subdivision


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SUBJECT LAND AND SURROUNDS

Subject Site

The subject site is located at 147A Kiewa Valley Hwy, Tawonga South, see Figure 2

below. The dwelling and three large sheds are located in the lower easterly corner,

whilst the remainder of the site is cleared pasture with little exotic or native

vegetation. The land has an easterly aspect and rises approximately 60m in altitude

from east to west. The subject land is part of a larger property owned and operated

by the applicant – an additional 51.1ha. The land has frontage to both the Kiewa

Valley Hwy at two points and one to Feathertop Street. These frontages are critical

to the future residential street layout of the land.

The land is zoned farming and is located amongst the dispersed residentially zoned

township of Tawonga South. The following describes the surrounding area:

North

• Feathertop Street contains a number of residential allotments (R1Z) mostly

containing single dwellings that each has a rear common boundary to the

subject land.

• Buckland Street is zone Low Density Residential (LDRZ) and each property

contains a single dwelling that back onto the subject land.

East

• Is a consistent ribbon of residential housing, zoned R1Z. All lots front the Kiewa

Valley Hwy.

• Further east on the Kiewa River side of the Kiewa Valley Hwy the land is zoned

farming and is predominately grazed.

South

• Directly abutting the subject land is reserve owned by Council zoned Public Park

and Recreation Zone (PPRZ). It contains a watercourse that travels eastwards

towards the Kiewa River.

• Directly further south of this reserve is residential land. This area is the main

residential part of Tawonga South.

West

• The owner of the subject land holds two further rural parcels of land to the west

of the subject land. The smaller of the two parcels contains remnant native

vegetation whilst the second a larger parcel contains cleared grazing pastures

with some isolated patches of vegetation.


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Figure 2 – Subject Land and Surrounds

The zoning of the subject and surrounds is shown below in Figure 3.

Figure 3 – Shows the Subject Land and Surrounds Zoning


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PUBLIC NOTIFICATION

The application was advertised via the sending of notices in the mail to the

surrounding potentially affected property owners. No submissions were received as

part of this process.

REFERRALS

Referrals / Notice Advice / Response / Conditions

Section 55 Referrals Goulburn Murray Water: Conditional consent

requiring the dwelling to connect to the reticulated

sewer.

Country Fire Authority: Conditional consent

North East Water: Conditional consent requiring the

dwelling to connect to the reticulated sewer.

SP Aus-Net: Conditional consent

VicRoads: Conditional consent

Internal / external

referrals

Alpine Shire Engineering: Conditional consent

PLANNING ASSESSMENT

There are two issues that require consideration. The main issue is whether the

subdivision is appropriate having regard to the possible future development of the

land. The second and more minor issue is whether the excision is suitable having

regard to the Farming zone and local policy for excision.

Issue 1 - Future development

In considering the future development potential of the subject land the relevant

direction exists in the SPPF, LPPF and Clause 65.02:

SPPF Clause 11.02-1 states the following relevant strategy:

‘Ensure the ongoing provision of land and supporting infrastructure to support

sustainable urban development.’

LPPF Clause 21.03-2-2 Mount Beauty / Tawonga South

Clause 21.03-2-2 contains the key planning strategies and direction for the Mount

Beauty and Tawonga South area. Figure 4 below shows the correlating map that is

included within this clause and assists in understanding the following direction

summary:

• Support medium to long term resident growth in the identified urban growth

areas.


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• Urban Growth Areas 1 and 2 (UGA 1 & 2) must be have been developed prior to

the UGA 3 (subject land) been further considered for residential development.

• Focus new residential development the western side of the Kiewa Valley Hwy

and ensure lot sizes are appropriate to the area and have regard to the

predominate neighbourhood character.

Clause 65.02 ensures the following relevant guideline is considered:

‘The existing use and possible future development of the land and nearby land.’

Issue 2 - Protection of Agricultural Land

The purposes of the Farming Zone and objectives SPPF and LPPF broadly seek to

protect productive farmland for the ongoing use of agriculture.

Furthermore, Clause 22.02-3 Subdivision to Create a Lot for an Existing Dwelling identifies that the practice of creating lots for existing dwellings in rural areas is

inappropriate as it ultimately increases the pressure for more dwellings.

Notably, the subject site is located in the Kiewa Valley, which is categorised by

Clause 21.03-6 Rural Land as forming part of the ‘extensive’ agricultural land category. The ‘extensive’ agricultural land category, which the highest category

within the Shire’s rural land hierarchy, is characterised by dairy farms, cattle grazing

and larger sized farming units exceeding 20ha in area.

In assessing a proposal to subdivide farmland to create a lot for an existing

dwelling, the LPPF and decisions guidelines of Clause 65 present a number of issues

that must be considered.

The LPPF at Clause 22.02 -3 Subdivision to Create a Lot for an Existing Dwelling applies specific objectives and policies relevant to the proposal. Objectives of Clause

22.02-3 include:

“To ensure that the agricultural capability of the land is not threatened or reduced

by inappropriate subdivision or fragmentation of land holdings.

To ensure that dwellings excised will not prejudice rural production activities on the

land or in the general area.

To reinforce the Council strategy of consolidating residential use in the townships.”

Clause 22.02-3 is supported by a number of policies that apply to the subdivision of

rural land to create a lot for an existing dwelling, including; a minimum lot size of 1

ha; location of a lot outside the ‘alternative’ agricultural land category; requirement

for a Section 173 agreement to prevent further subdivision; prior existence of the

dwelling and capability of the lot to contain an appropriate waste water treatment

system.

Clause 65.02 contains the following relevant decision guidelines:

‘The suitability of the land for subdivision.


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The availability of subdivided land in the locality, and the need for the creation of

further lots.’

Issue 1 - Assessment

As shown in Figure 4 the site is identified for potential future urban growth and such

strategic direction must be considered even in its current FZ status. The relevant

State Planning Policy and Clause 65.02 listed above clearly outlines that Council

must ensure that these urban growth areas are not compromised by allowing

inappropriate premature development.

The major concern with this application is that when development is required the

proposed lot layout will both prevent orderly access being obtained to the Kiewa

Valley Hwy and the physical lot area itself will prevent orderly development.

The correct time to consider the future residential layout of this land is when a

formal amendment to the Alpine Planning Scheme is submitted and processed. As

part of that process the necessary further investigation works as listed in Clause

21.03-2-2 for example (but not limited too) geotechnical assessment and bushfire

management objectives would be considered allowing an overall development plan

of the subject land containing road networks and connection points to existing road

networks to be developed.

The applicant has not submitted any supporting documentation with this

application in the form of an overall development plan to assist in the consideration

of this proposal.

The property subject to this application is designated for future residential

development. Any subdivision of the property should not prejudice that planned

intention. This proposal clearly will inhibit the future development of the site. If the

house was located so that a residential lot could be excised and be part of a

planned subdivision then some consideration might be able to be given to the

proposal. It is likely that when this land is subdivided for residential development

the area under easement and the dwelling will most likely be needed for a new road

that will provide access to the balance of the lot.

In addition the creation of a farming lot without a dwelling may lead to a

subsequent dwelling proposal. This will further prejudice the future residential

development of this land; the applicant has mentioned this likelihood in the

application.

Should this property want to continue to function as a farm the proposed

fragmentation of creating a ‘land locked’ parcel has the potential to affect farming

operations. Although the application notes that the proposed subdivision will

excise only land that curtails the existing surrounding fencing for the dwelling it

does not adequately consider the consequence of creating a single rural living lot

within the bounds of an operating farm and future likely issues of land management

and access conflict that could occur with two different owners.


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Based on the two above points future dwelling pressure and its flow on affects

combined with the land fragmentation and ongoing management issues it is clear

that the subdivision is not appropriate and should not be approved.

Issue 2 - Assessment

The relevant State Policy direction of ‘Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development and general subdivision guideline direction of Clause 65.02 that states consider ‘The existing use

and possible future development of the land and nearby land’ must be considered

by Council. The strategically listed significance (see figure 4) of this site and the

described potential for it to be undermined as a result of this proposal given it’s not

able to be considered as part of an approved overall development plan means its

unable to appropriately address the relevant areas of the Alpine Planning Scheme.

The proposal has been assessed against the relevant State and Local Planning Policy

Frameworks, the provisions of the Farming Zone, the Bushfire Management Overlay,

Particular Provision Clause 52.02 Easement Creation and the decision guidelines of

Clause 65.02.

Figure 4 – shows the Mount Beauty – Tawonga South Structure Plan as contained with Clause 21.03-2-2 of the

Alpine Planning Scheme

SUBJECT

LAND


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CONCLUSION

Having regard to the provisions of the Alpine Planning Scheme, the proposed two

lot subdivision and creation of easements is not supported.

The permit application fails to adequately demonstrate how the proposal is

consistent with the purposes of the Farming Zone or the objectives and strategies of

the State and Local Planning Policy Framework regarding the fragmentation of an

operational farm and the appropriate protection of future residential development

areas. The future development concerns held are not able to be overcome at this

stage given the lack of layout preparation investigations that would need to occur

before any subdivision be proposed and occur.

The application fails to address the future development concerns if the land was to

be split into two lots along with the potentially cumbersome easements that will

prejudice future residential lot and road layout. As stated previously given the

strategic significance of this land the proposed layout the application is considered

premature as it is unable to suitably consider the relevant provision of the Alpine

Planning Scheme.



• Manager Development Services and Amenity

• Senior Planning Officer

ATTACHMENT(S)

• Nil


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8 ASSEMBLY OF COUNCILLORS

INTRODUCTION

Section 80A of the Local Government Act 1989 requires a written record of Assemblies of Councillors to be reported at an ordinary meeting of the Council and

to be incorporated in the minutes of the Council meeting.

Cr Kate Farrell Cr Jan Vonarx

That the summary of the Assemblies of Councillors for March 2014 be received. Carried

BACKGROUND

The written records of the assemblies held during the previous month are

summarised below. Detailed assembly records can be found in Attachment 8.0 to

this report.

Date Meeting

4 March 2014 Briefing Session

4 March 2014 S223 Public Submissions Hearing – Martley Street Trial

timed closure

4 March 2014 Porepunkah Township Master Plan Community meeting

18 March 2014 Briefing Session

ATTACHMENT(S)

• 8.0 Assemblies of Councillors – March 2014


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9 PRESENTATION OF REPORTS BY DELEGATES

INTRODUCTION

Councillor portfolios include representation on various committees where Council

has an interest. Delegate reports contain information about meetings attended, and

the outcomes from those meetings that affect Council.

Cr Kate Farrell Cr Daryl Pearce That summary of the presentation of reports by delegates for February / March 2014 be received.

Carried

BACKGROUND

The written records of the delegates reports held during the previous month are

summarised below. Detailed delegates reports can be found in Attachment 9.0 to

this report.

Date Meeting Councillor

26 February 2014 Community Resilience Committee Cr Ron Janas

12 March 2014 Youth Council Cr Ron Janas

14 March 2014 Emergency Services Management

MAV

Cr Ron Janas

14 March 2014 Timber Towns Cr Jan Vonarx

14 March 2014 Rural Councils Victoria Cr Jan Vonarx

ATTACHMENT(S)

• 9.0 Presentation of Reports by Delegates – February /March 2014


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10 GENERAL BUSINESS

Cr John Forsyth advised members of the gallery that the lighting in Council

Chambers were to change to LED lighting to reduce costs.

Cr Daryl Pearce requested and update regarding the Bakers Gully Water Storage.

Heather Green – Director Sustainable Development advised that North East Water

were holding further consultation meetings.

Kevin Black in gallery advised that a consultant had been engaged to do a study on

the platypus population and a meeting with the consultant was scheduled for 3

April 2014.

11 MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil

12 RECEPTION AND READING OF PETITIONS

Nil


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13 DOCUMENTS FOR SEALING

Cr John Forsyth Cr Ron Janas That the following documents be signed and sealed –

1. Section 173 Agreement – Selzer Farming Pty Ltd, Lot 3 on Title Plan 334919N,

Volume 8494 Folio 479. Condition 3 of Planning Permit 2013.120 for a two lot re-subdivision (boundary realignment) at 186 Selzers Lane, Ovens.

The Agreement provides for the protection in perpetuity of an area of native vegetation to offset the clearing of native vegetation to the satisfaction of the responsible authority.

2. Contract No. 1304401 – Alpine Shire Council – WFBD Pty Ltd - Redevelopment of the Toddlers’ Pool with a new Water Play Park, Bright.

3. Contract No. 1306301 – Alpine Shire Council – GW & BR Crameri Pty Ltd – Road Works, Buffalo Creek Road Myrtleford.

4. Deed of Variation – Dinner Plain Tennis Court – Alpine Shire Council.

5. Lease Agreement between AGL Hydro and Alpine Shire Council be signed and sealed.

Carried


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14 CONFIDENTIAL REPORT

14.1.1 Dinner Plain Montane Swamp Offset Management Agreement

Agenda item 14.1.1 Legal Agreement Matter is designated confidential as it relates

to a matter which Council considers would be prejudice the Council or another

person.

Cr Ron Janas Cr Jan Vonarx

That in accordance with the provisions of section 89(2) of the Local Government Act 1989, the meeting be closed at 7:31pm to members of the public for the consideration of the following confidential item:

14.1.1 Agreement matter: This agenda item is confidential in accordance with the Local Government Act s89(2) as it relates to a matter which Council considers would prejudice the Council or another person.

Carried

Refer to Confidential Report.

Cr Daryl Pearce Cr Ron Janas That the meeting be reopened to the public time being 7:33pm.

Carried

There being no further business the Chairperson declared the meeting closed at:

7:34pm.

Confirmed,

………………………………

Chairperson

m3 - 1 april 2014 - minutes (2) - alpine shire council · ms heather green – director ... m3 –...

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