minutes of the ordinary meeting of council held on … · 2019-03-21 · minutes of the ordinary...

Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 of 64

MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD ON TUESDAY 19 MARCH 2019

COMMENCING AT 6.30 PM IN THE COUNCIL CHAMBER,

MOUNT ALEXANDER SHIRE CIVIC CENTRE CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.


TABLE OF CONTENTS

1. PRESENT 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY MEETING OF COUNCIL – 19 FEBRUARY 2019 4

5. PUBLIC QUESTION TIME 6

6. PETITIONS AND JOINT LETTERS 7

7. COMMITTEE REPORTS 7

8. ASSEMBLIES OF COUNCILLORS 8

9. OFFICER REPORTS 18

9.1. OUR PEOPLE (PEO) 18 PEO 02 ANNUAL PLAN 2018/2019 – QUARTER 2 PROGRESS REPORT 18

9.2. OUR PLACE (PLA) 20 NO REPORTS 20

9.3. OUR ECONOMY (ECO) 21 ECO 01 PLANNING PERMIT APPLICATION 325/2018 – DEVELOPMENT AND

USE OF A DWELLING AT 252 WHITE QUARTZ ROAD, FRYERSTOWN 21

ECO 02 PLANNING PERMIT APPLICATION PA159/2018 – EXTEND THE RED LINE PLAN AND INCREASE THE CAPACITY OF PATRONS FROM 100 TO 150 UNDER THE LIQUOR LICENCE 31901348 ON LOT 1 PS534611 21-23 WALKER STREET CASTLEMAINE. 30

ECO 03 PROPOSED REFERRAL OF SOLAR FARM PLANNING PERMIT APPLICATION TO THE MINISTER FOR PLANNING 41

ECO 04 QUARTERLY FINANCIAL MANAGEMENT REPORT TO 31 DECEMBER 2018 48

ECO 05 AWARDING OF CONTRACT M1425-2018 FOR PROVISION OF INNOVATIVE DOMESTIC ANIMAL POUND SERVICES FOR THE PERIOD 1 APRIL 2019 TO 30 JUNE 2022 50

10. DELEGATES REPORTS 56

11. NOTICE OF MOTION 59

11.1. NOTICE OF MOTION 2019/001 – DUCK HUNTING BAN AT CAIRN CURRAN RESERVOIR 59

11.2. NOTICE OF MOTION 2019/002 – WASTE MANAGEMENT 60

11.3. NOTICE OF MOTION 2019/003 – UPDATING FLYING OF FLAGS POLICY 63

12. URGENT SPECIAL BUSINESS 64


13. MEETING CLOSE 64

SEPARATE ATTACHMENTS: Separate Attachment PEO 02A: Annual Plan 2018_2019 Quarter 2 Progress Report. Separate Attachment ECO 01B: PA 325_2018 - Application Plans. Separate Attachment ECO 04A: Quarterly Financial Management Report to 31 December 2018. Confidential Attachment ECO 05A: Tender Evaluation Report, M1425 - 2018 - Provision of Innovative Domestic

Animal Pound Services from 1 April 2019 to 30 June 2022.


ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that we are meeting on Jaara country

of which the members and elders of the Jaara Jaara community and their forebears have been custodians for many centuries

and have performed age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

Council meetings are audio and video recorded and are made available to the public via electronic media including YouTube.

1. PRESENT

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin and Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and

Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic) and Principal Governance Officer (John Taylor).

2. APOLOGIES

Councillor John Nieman.

MOVED COUNCILLOR HENDERSON

That Mayor Machin be granted a leave of absence from the Ordinary Meeting of Council 16 April 2019, with Deputy Mayor Tony Cordy to be the Acting Chairperson for that meeting as per Council’s resolution at the Special Meeting of Council 20 November 2018 and Section 73 of the Local Government Act 1989.

SECONDED COUNCILLOR CORDY

CARRIED.

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

Nil.

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 19 FEBRUARY 2019

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 6.30 pm on 19 February 2019 at the Mount Alexander Shire Civic Centre have been circulated to Councillors. The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.


RECOMMENDATION

That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 19 February 2019 be confirmed.

MOVED COUNCILLOR LESSER

That the recommendation be adopted.


CARRIED.


5. PUBLIC QUESTION TIME

MOVED COUNCILLOR PETRUSMA

That standing orders be suspended at 6.36 pm.

SECONDED COUNCILLOR HENDERSON

CARRIED.

a. Peter Smith

Mr Smith spoke in relation to his objection to Planning Permit Application PA159/2018, Item ECO 02 of this Agenda.

b. Ms Joyce Sanders.

Ms Sanders asked for Council’s thoughts on the Castlemaine streetscape, in particular repairs to shop verandah. She also raised concerns in relation dogs sitting on public seats and people smoking in the street outside the chemist in Barkers Street in Castlemaine.

• The Director Infrastructure and Development advised that he would take the question on notice and respond direct to Ms Sanders.

c. Mr David Holmgren.

Mr Holmgren spoke in relation to his objection to Planning Permit Application PA325/2018, Item ECO 01 of this Agenda.

d. Ms Tamsin Whaley.

Ms Whaley spoke in relation to her objection to Planning Permit Application PA325/2018, Item ECO 01 of this Agenda.

e. Ms Su Dennett.

Ms Dennett spoke in relation to her objection to Planning Permit Application PA325/2018, Item ECO 01 of this Agenda.


That Public Question Time be extended until 7.15 pm.

SECONDED COUNCILLOR GARDNER

CARRIED.


f. Mr Henk Kelly Kobes.

Mr Kelly Kobes spoke in relation to his Planning Permit Application PA325/2018, Item ECO 01 of this Agenda.

g. Mr Patrick Furze.

Mr Furze spoke in relation to his application for Planning Permit PA159/2018, Item ECO 02 of this Agenda.


That Public Question Time be extended until 7.25 pm.

SECONDED COUNCILLOR LESSER

CARRIED.

h. Mr Peter Baker.

Mr Baker spoke in relation to his objection the solar farm Planning Permit Application, Item ECO 03 of this Agenda.


That standing orders be resumed at 7.17 pm.


CARRIED.

6. PETITIONS AND JOINT LETTERS

Nil.

7. COMMITTEE REPORTS

Nil.


8. ASSEMBLIES OF COUNCILLORS

Responsible Director: Chief Executive Officer Responsible Officer: Principal Governance Officer

Executive Summary

The purpose of this report is to provide the record of any assemblies of Councillors, held since the last Council Meeting, so they may be incorporated into the Minutes as required under the Local Government Act 1989 (the Act).

The Act defines an assembly of councillors as a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

• The subject of a decision of the Council; or • Subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee.

The definition does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation.

The Act requires that the CEO must ensure that a written record of an assembly of councillors is kept and that it include:

1. The names of all Councillors and members of Council staff attending; 2. The matters considered; 3. Any conflict of interest disclosures made by a Councillor attending; and 4. Whether a Councillor who has disclosed a conflict of interest leaves the assembly.

The Chief Executive Officer must ensure that the written record of an assembly of Councillors is, as soon as practicable:

1. Reported at an ordinary meeting of the Council; and 2. Incorporated in the minutes of that Council meeting.

RECOMMENDATION

That Council notes the records for the Assemblies of Councillors, as required under the Local Government Act 1989.


That the recommendation be adopted, with the Record of Assembly of Councillors on 5 March 2019 to be amended to note that Greenlight software was not discussed.


CARRIED.


ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR BRIEFING SESSION

ASSEMBLY DETAILS

Date: 12 February 2019

Time 2.00 pm to 5.54 pm

Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets, Castlemaine

ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson (arrived 2.53 pm), Max Lesser, Bronwen Machin, John Nieman and Dave Petrusma (arrived 2.50 pm).

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic), Principal Governance Officer (John Taylor), Manager Community Wellbeing (Kevin Pittman, Item 5.1), Manager Community Places and Spaces (Ben Grounds, Item 5.3 and 5.4), Property Portfolio Coordinator (Lynne Williamson, Item 5.3), Manager Development Services (Shannon Meadows), Coordinator Statutory Planning, (Louise Johnston Item 5.6) and Manager Economy and Culture (David Leathem, Item 5.6).

Visitors: Ms Lorraine Le Plastrier, Committee Member, Mount Alexander Shire Disability Advocacy Group. Cathy Wheel, Committee Member, Mount Alexander Shire Disability Advocacy Group. Paul Gianni, Committee Member, Mount Alexander Shire Disability Advocacy Group.

Apologies: Nil.

MATTERS DISCUSSED

1. Access & Inclusion Community Survey 2018. 2. Aged Care and Mental Health Royal Commissions (Verbal Report). 3. Formalise Management of Crown Land at Stanley Park, Harcourt Including Change of

Reservation of Crown Land, Appoint Council as Committee Of Management, Road Closure and Road Creation.

4. Dog Park Update (Verbal Report). 5. Baringhup Solar Farm (Verbal Update). 6. Use of Hargraves Street Parking Spaces – 2019 Castlemaine State Festival (Verbal

Update). 7. Camp Reserve.


8. Verandah outside Stoneman’s Book Room. 9. Air B&B. 10. Palm Sunday. 11. Councillor Visit to Primary School. 12. Proposed Carpark Extension at Expedition Pass (Golden Point Reservoir). 13. Bendigo Hospital Appeal. 14. Strategy for Sports Reserves. 15. Live Recording of Next Ordinary Meeting of Council. 16. Coffee Vending.

CONFLICT OF INTEREST DISCLOSURES

Matter No.

Councillor / Officer name and description of interest Councillor / Officer left the meeting

N/A N/A N/A

ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR AND CEO ONLY DISCUSSIONS

ASSEMBLY DETAILS




ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman and Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard)

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Deputy Mayor Role. 2. Mayors’ and CEOs’ Meeting with Minister for Local Government. 3. MAV Elections. 4. Managing Actions arising from Meetings and Briefings. 5. Bendigo Health Foundation. 6. Loddon Campaspe Mayors’ and CEOs’ forum. 7. HR matters.


8. Campbells Creek Recreation Reserve. 9. Councillor People, Education, Government (PEG) initiative.


Matter No.


N/A N/A N/A

ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR AND OFFICER DISCUSSIONS

ASSEMBLY DETAILS




ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma (Arrived 5.20 pm).

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic), Principal Governance Officer (John Taylor), Manager Community Places and Spaces (Ben Grounds).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Campbells Creek Recreation Reserve Special Committee of Management.


Matter No.


N/A N/A N/A


ASSEMBLY OF COUNCILLORS RECORD COUNCIL MEETING BRIEFING

ASSEMBLY DETAILS




ATTENDANCE

Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic), Principal Governance Officer (John Taylor).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Appointments to Special Committees of Council – Camp Reserve, Campbells Creek Recreation Reserve, Elphinstone Community Facilities, Guildford Hall, Guildford Recreation Reserve, John Powell Reserve, Maldon Community Centre, Metcalfe Hall, Muckleford Community Centre, Sutton Grange Hall and Taradale Hall.

2. Formalise Management of Crown Land at Stanley Park, Harcourt Including Change of Reservation of Crown Land, Appoint Council as Committee of Management, Road Discontinuation and Road Creation.


Matter No.


1 Councillor Christine Henderson, direct conflict of interest by close association.

No, on advice from Principal Governance Officer.



ASSEMBLY DETAILS




ATTENDANCE


Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic), Principal Governance Officer (John Taylor), Acting Executive Manager Business Performance (Carolyn Ross, Items 5.2 - 5.4), Procurement Coordinator (Andrea O'Grady, Item 5.4), Executive Manager Infrastructure (Tanya Goddard, Items 5.5 and 5.6), Engineering Coordinator (Daniel Riley, Items 5.5 and 5.6), Active Communities Team Leader (Jacquie Phiddian, Item 5.7), Active Communities Officer (Edwina Reid, Item 5.7), Grants Coordinator (Karen Evennett, Items 5.7 and 5.8).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Deputation – Mr Max Lesser regarding Councillor Peg Initiative. 2. Annual Plan 2018/2019 Progress Report – Quarter 2. 3. Quarterly Financial Management Report to 31 December 2018. 4. Contracts within Chief Executive Officer Delegation. 5. Civil and Infrastructure Capital Works Selection Process. 6. Prioritisation and Proposed Construction Methods of Gravel Roads. 7. Victory Park Play Space Budget Review. 8. Grants Update and Approval Process. 9. Wednesday Councillor Briefing Sessions. 10. Waste Water Issues. 11. World Heritage Listing Bid. 12. Retirement Villages. 13. Elm Trees on Gingell Street, Castlemaine. 14. Possibility of a Cat Curfew. 15. Aging Native Trees. 16. Roadside Rubbish Removal. 17. Mia Mia Track Planning Proposal.


18. Councillors Providing References. 19. Scheduled Maintenance ON Regional Roads. 20. DCCS Update. 21. DID Update.


Matter No.


1 Councillor Lesser declared a direct conflict with Item 5.1, due to being the facilitator of the initiative.

Yes Time left - 2.35 pm. Time returned – 2.40 pm.

ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR AND CEO ONLY DISCUSSION

ASSEMBLY DETAILS




ATTENDANCE


Officers: Chief Executive Officer (Darren Fuzzard).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Winky Pop.


Matter No.


N/A N/A N/A


ASSEMBLY OF COUNCILLORS RECORD BUDGET BRIEFING – KEY BUDGET PRINCIPLES

ASSEMBLY DETAILS

Date: 5 March 2019

Time 11.00 am to 1.05 pm, 1.25 pm to 3.10 pm


ATTENDANCE

Councillors: Tony Cordy (arrived 1.56 pm) Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic), Acting Executive Manager Business Performance (Carolyn Ross), Principal Governance Officer (John Taylor)

Visitors: Nil.

Apologies: Councillor Stephen Gardner.

MATTERS DISCUSSED

1. Key budget principles. 2. Rates income. 3. Equity and service delivery. 4. Community loans concept in future. 5. Possible changes to base budget. 6. Statutory responsibilities. 7. Councillor initiatives.


Matter No.


N/A N/A N/A



ASSEMBLY DETAILS

Date: 5 March 2019

Time 3.10 pm – 5.10 pm


ATTENDANCE

Councillors: Tony Cordy, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Director Infrastructure and Development (Phil Josipovic), Principal Governance Officer (John Taylor), Manager Development Services (Shannon Meadows, Items 5.2-5.4), Fast Track Town Planner (Daniel Spark Item 5.2) and Coordinator Community Safety and Amenity (Jeffry Amy, Items 5.3-5.4).

Visitors: Nil.


MATTERS DISCUSSED

1. Greenlight Overview (verbal update). 2. Planning Permit Application 325/2018 – Development and Use of a Dwelling at 252

White Quartz Road, Fryerstown. 3. Planning Permit Application 159/2018 – Extend the Red Line Plan and Increase the

Capacity of Patrons from 100 to 150 under the Liquor Licence 31901348 on Lot 1 Ps534611 21-23 Walker Street Castlemaine.

4. Awarding of Contract M1425-2018 for Provision of Innovative Domestic Animal Pound Services for the Period 1 April 2019 to 30 June 2022.

5. Ordinary Meeting of Council on YouTube. 6. Manager Community Places and Spaces.


Matter No.


N/A N/A N/A


ASSEMBLY OF COUNCILLORS RECORD CEO AND COUNCILLOR ONLY DISCUSSION

ASSEMBLY DETAILS

Date: 5 March 2019

Time 5.10 pm – 5.30 pm


ATTENDANCE

Councillors: Tony Cordy, Christine Henderson, Max Lesser, Bronwen Machin, John Nieman, Dave Petrusma.

Officers: Chief Executive Officer (Darren Fuzzard).

Visitors: Nil.


MATTERS DISCUSSED

1. HR Matters. 2. Councillor availability. 3. Feedback on briefing.


Matter No.


N/A N/A N/A


9. OFFICER REPORTS

9.1. OUR PEOPLE (PEO)

PEO 02 ANNUAL PLAN 2018/2019 – QUARTER 2 PROGRESS REPORT

Responsible Director: Director Corporate and Community Services Responsible Officer: Acting Executive Manager Business Performance Original Document: DOC/19/3493

Executive Summary

The Annual Plan 2018/2019 - Quarter 2 Progress Report provides Council and the community with an update on the progress of projects included in the Annual Plan for the period ended 31 December 2018.

RECOMMENDATION

That Council note the Annual Plan 2018/2019 - Quarter 2 Progress Report for the period ended 31 December 2018.




CARRIED.


Context

The Annual Plan outlines the actions for 2018/2019 that will be implemented as priorities from the Council Plan 2017-2021. It was adopted by Council at its Ordinary Meeting on 17 July 2018.

The Annual Plan Progress Report is prepared on a quarterly basis to inform the Councillors and the community on progress against the Annual Plan actions.

Refer to:

Separate Attachment PEO 02: Annual Plan 2018/2019 - Quarter 2 Progress Report.

Policy and Statutory Implications

Council has adopted a Council Plan for 2017-2021 and Budget 2018/2019 in accordance with the Local Government Act 1989 (the Act).

The Annual Plan is prepared each year and progress in delivering projects is reported to Councillors and the community each quarter in accordance with the Act.

Issues

The Annual Plan 2018/2019 - Quarter 2 Progress Report provides an update on the progress of actions for the period ended 31 December 2018.

It also contains an update on the remaining actions from prior years that were not fully completed and therefore carried-forward.

Alternate Options

Nil.

Financial and Resource Implications

Projects and initiatives contained in the Annual Plan are fully funded in the Budget 2018/2019. The majority of projects are contained within the Capital Works Program or funded as a one-off initiative. A number of programs are also funded from the Operating Budget.

Consultation

Individual projects within the Annual Plan involve community consultation or consultation with relevant stakeholders.


9.2. OUR PLACE (PLA)

NO REPORTS


9.3. OUR ECONOMY (ECO)

ECO 01 PLANNING PERMIT APPLICATION 325/2018 – DEVELOPMENT AND USE OF A DWELLING AT 252 WHITE QUARTZ ROAD, FRYERSTOWN

Responsible Director: Director Infrastructure and Development Responsible Officer: Manager Development Services Original Document: DOC/18/51445

Executive Summary

Council has received an application for the development and use of dwelling. The subject site is located in the Farming Zone and is covered by the Bushfire Management Overlay.

Eight objections have been received. Issues raised include the potential conflict with Fryer Forest Owners Corporation, the dwelling not being located within the approved building envelope (Planning Permit 356, issued in 1997) and inconsistencies with the submitted plans and descriptions of Lot 1.

The application has been assessed against the decision guidelines of the Farming Zone and the Bushfire Management Overlays. The application is considered an appropriate development at this location. It is recommended that the application be approved with conditions.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for the Use and Development of a dwelling at 252 White Quartz Road, Fryerstown on the following grounds:

1. LAYOUT NOT ALTERED 1.1. The use and development as shown on the endorsed plans must not be

altered without the written consent of the Responsible Authority.

2. CFA MANDATORY CONDITION BUILDING AND WORKS 2.1. The bushfire mitigation measures forming part of this permit or shown on

the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the responsible authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

3. BUSHFIRE MANAGEMENT PLAN 3.1. The Bushfire Management Plan Revision C Figure 11 included the Bushfire

Management Statement (Reference no. 17.335) prepared by Regional Planning and Design dated 25/06/2018 must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.


4. GOULBURN MURRAY WATER 4.1. All construction and ongoing activities must be in accordance with sediment

control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991).

4.2. All wastewater from the dwelling must be treated to a standard of at least 20mg/L BOD and 30mg/L suspended solids using a package treatment plant or equivalent. The system must have a certificate of conformity issued by the Conformity Assessment Body (or equivalent approval) and be installed, operated and maintained in accordance with the relevant Australian Standard and EPA Code of Practice.

4.3. All wastewater must be applied to land via pressure-compensating sub-surface irrigation installed along the contour.

4.4. The wastewater disposal area must be located in accordance with Table 5 of the EPA Code of Practice – Onsite Wastewater Management, Publication 891.4, July 2016, from any waterways, drainage lines, dams or bores.

4.5. The wastewater disposal area must be kept free of stock, buildings, driveways and service trenching and must be planted with appropriate vegetation to maximise its performance. Stormwater must be diverted away. A reserve wastewater disposal field must be provided for use in the event that the primary field requires resting or has failed.

4.6. The existing composting toilet facility must be decommissioned once the new wastewater management system is installed and operational.

4.7. The shed must not contain bedrooms (or rooms that could be used as bedrooms) or any facilities with the potential to produce wastewater, including toilets, kitchens or other food preparation facilities.

5. ENVIRONMENTAL HEALTH 5.1. The owner/applicant will be required to install an on-site waste water

treatment system that is an Environment Protection Authority (EPA) approved system capable of treating effluent to a 20/30 standard. All works and maintenance must be in accordance with the EPA’s current edition of the Code of Practice – Onsite wastewater management and the Australia New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.

5.2. Prior to any development the applicant shall apply for a Permit to Install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970.

6. ENGINEERING PLANS 6.1. Prior to commencement of any construction works associated with the

development, detailed access, Road & drainage construction plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. The engineering plans must accord with the Infrastructure Design Manual. All works constructed or carried out must be in accordance with those approved plans and completed to a standard satisfactory to the Responsible Authority.

7. DRAINAGE 7.1. Drainage 7.2. The whole of the subject land, including landscaped and paved areas, must

be graded and drained to the satisfaction of the council as the responsible


drainage authority so as to prevent the discharge of water from the subject land across any road or onto any adjoining land.

7.3. Provide cut off drains or similar to protect adjoining properties from overland storm water flow. Provision is to be made to divert major rainfall (1 in 100 year) storm events away from the building envelope of the proposed dwelling.

7.4. Prior to the design of any internal drainage system the owner/applicant must submit a Property Information Request and be issued a Legal Point of Discharge Permit to discharge stormwater, unless a permit has already been obtained.

8. EXPIRY This permit will expire if the permitted development is not started within two years of the date of this permit, • Or is not completed within four years of that date, • Or the permitted use is not started within two years of the completion of

the development, • Or is discontinued for a period of two years. The responsible authority may extend these periods if a request is made in writing before the permit expires, or: • Within six months afterwards if the development has not been started, or

the development is complete but the use has not started, or the use has been discontinued for a period of two years.

• Within twelve months afterwards if the development started lawfully before the permit expired.

Permit Note:

The subject property is located within an area of Cultural Heritage Sensitivity. Should the activity associated with proposed development require a Cultural Heritage Management Plan (CHMP), planning permits, licences and work authorities cannot be issued unless a CHMP has been approved for the activity.



MOTION LAPSED

NOT CARRIED.


That matter be deferred to a future Ordinary Meeting of Council, to allow Council officers to make further enquiries on issues raised.


CARRIED.


Context

The purpose of this report is to enable Council to determine Planning Application 325/2018 for the development and use of a dwelling at 252 White Quartz Road Fryerstown.

The application has been referred to Council for determination because there is outstanding objections to the application.

Refer to:

Attachment ECO 01A: PA325/2018 - Context and site aerial. Separate Attachment ECO 01B: PA325/2018 - Application plans.

The application was lodged on 16 November 2018.

The land is located within the area of Fryerstown known as Fryers Forest, on land that was subdivided and created in 1997 through Planning Permit 356 issued 2 June 1997. Planning Permit 356 allowed a 12 lot subdivision and the development of dwellings within each of the lots, excluding the common property. Each of the titles to the land have been created, however, some of the lots within the site have not been developed. Whilst the permit issued in 1997 intended to allow each of the lots to be developed with a dwelling and ancillary outbuildings, the development component of this permit has since expired, hence the need for a new planning application.

The subject land is an irregular shape and has a total area of approximately 4099 square metres. The land currently contains two sheds with sporadic forest vegetation. The lot abuts common property as part of the onsite Owners Corporation Development establish in 1997.

The surrounding land comprises of similar sized lots used for rural residential living compromising the development of Fryers Forest.

The application proposes to convert an existing shed for the use of a dwelling. The dwelling dimensions are 14.475 metres x 7.5 metres over two storeys, constructed from galvanised steel, a combination of timber trims and galvanised roof. The building would be located 5.8 metres from the western boundary and approximately 24.55 metres from White Quartz Road. The use of the existing shed is for the purpose of a dwelling.

The existing building where the dwelling is proposed, was originally built as a shed approved as part of the original planning permit which allowed the subdivision and the development and use of a dwelling on each lot of the land in 1997. It came to Council’s attention through building compliance in 2017, that the shed was being used as a dwelling. Access to the site is via the existing access on the White Quartz Road.


Planning Policy Framework (SPPF)

Clause 13.02 Bushfire

The objective if this clause is to give priority to the protection of human life by prioritising the protection of human life over all other policy considerations.


Clause 14.01-1 Protection of Agricultural Land

The objective of this clause is to protect productive farmland which is of strategic significance in the local or regional context. The development of a store within agricultural land should not detract from the long–term productive capacity of the land.

Clause 14.02-1 Catchment Planning and Management

The objective of this clause is to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 16.01-5 Rural Residential Development

Planning should manage development in rural areas to protect agriculture and avoid inappropriate rural residential development.

Local Planning Policy Framework (LPPF)

Clause 21.05-5 Bushfire

Policy within this clause recognises the need to manage bushfire risks on small sites that have limited potential to accommodate, and discourage developments that do not respond appropriately to bushfire risk, having regard to the advice of the Country Fire Authority.

Clause 21.06-1 Protection of agricultural land

Policy within this clause recognises the prominent role that agriculture plays in the Shire. This policy identifies the broad agricultural quality of land within the Shire, rated on a state wide basis.

Clause 21.06-3 Water

This clause aims to protect and improve water quality and quantity in the Shire. The policy recognises the poor condition of water catchments, including open potable water catchment areas, which cover much of the Shire and outline strategies to address identified issues.

Zoning

Clause 35.07 Farming Zone (FZ)

The purpose of the Farming Zone is to provide for the use of land for agriculture and to ensure developments do not adversely affect the use of land for agriculture

A permit is required for the use and development of a dwelling in the Farming Zone, on land less than 40 hectares.

Overlays

Clause 44.06 Bushfire Management Overlay

To identify significant landscapes and to conserve and enhance the character of significant landscapes.

Under Clause 44.06-1 a permit is required to construct a building in association with accommodation.


Particular provisions

Clause 65 Decision Guidelines

Because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause.

Issues

Farming Zone

A planning permit is required to use and develop a dwelling in the Farming Zone. The proposed use and development of a dwelling must be considered against the guidelines of the Farming Zone. The purpose of the Farming Zone is to ensure that non-agricultural uses do not adversely affect the use of the land for agriculture and to promote agriculture as the primary land use.

The subject site forms part of a rural residential subdivision established in 1997 for the use and development of dwellings on each lot. The site at 252 White Quartz Road falls within the subdivision, and as such approval for the use and development of a dwelling is expected on the site.

The existing building where the dwelling is proposed, was originally built as a shed approved as part of the original planning permit in 1997 allowed the subdivision and the development and use of a dwelling on each lot of the land. It came to Council’s attention through building compliance that the shed was being used as a dwelling.

The building has been in existence on the property for over 17 years, and has the ability to be used as a dwelling once building requirements have been met. Enforcement action by the Building department occurred on the site on 6 July 2017, by a notice of entry regarding the use of the shed as a dwelling and then inspected on 22 August 2017. An Emergency Order Building Notice was issued 30 August 2017 to cease use of the shed as a dwelling. This application now seeks to legitimise the use of the shed as a dwelling.

The application was submitted with a land capability assessment (LCA), addressing key points of soil quality and wastewater management on the site. The site is within an area that contains large sections of broken land holdings some containing dwellings.

The subject site is affected by an Owners Corporation and Owner’s Corporation rules, these rules apply for any dwelling development. The Owner’s Corporation rules are not a relevant planning matter under the Planning and Environment Act.

That notwithstanding, and regardless of the outcome of the planning application, the Owner will need to obtain consent from the Owner’s Corporation before any works are permitted on the land, in accordance with the Owners Corporation rules. Discussions with the objectors have revealed that the main issue with this application is that the applicants have not received consent for the development application by the Owner’s Corporation at this stage.

Protection of water quality

An additional issue to consider is the potential impact on water quality as a result of the development.

As discussed, an LCA was submitted with the application that identified both limiting and mitigating factors for the proposed lot in relation to wastewater disposal. The LCA demonstrated how wastewater could be contained and treated on the proposed lot.


The application was referred to Council’s Environmental Health Unit, and Goulburn Murray Water (GMW), the relevant water supply authority for the special water supply catchment area being the Cairn Curran catchment.

Neither the Environmental Health Unit nor GMW objected to the permit, indicating wastewater could be treated on-site with appropriate wastewater systems.

Bushfire Management Overlay

Pursuant to Clause 44.06-1 a planning permit is required for construction of a dwelling and associated outbuildings, and such proposals must be assessed against the requirements of Clause 53.02-2.

As outlined within the submitted Bushfire Management Statement, the proposed development is considered to satisfy the requirements of the Bushfire Management Overlay and Clause 53.02 –Planning for Bushfire, subject to appropriate planning permit conditions. The proposal has also been referred to the CFA as required who have consented to the development subject to permit conditions.

Alternative Options

Council could refuse the application, however this is not recommended as the assessment against the Planning Scheme has deemed this development and use appropriate.


Cost of a representation for any appeal to the Victorian Civil and Administrative Tribunal would be met within the operating budget.

Consultation

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and a sign was also placed on-site.

A consultation meeting was not held as the Applicant and Objectors were considered to not be able to reach any form of agreement or resolution.

Eight objections were received from neighbouring properties with the following issues and responses set out below:

Development will not meet the design standards of the Owner’s Cooperation Rules.

Any design standards set within the Owner’s Corporation Rules are not relevant to planning in this instance, and should be dealt with prior to the development of a dwelling. All building requirements are required to meet the provisions within the Bushfire Management Statement and dealt with by the relevant building surveyor.

The development should be building within the onsite building envelope.

Condition 5 of Planning Permit 356 1997 allows for development to be constructed outside of the building envelope, with the written consent of the Responsible Authority. The proposed dwelling location is considered appropriate with no relevant planning grounds to refuse the siting of the dwelling. It is noted that a number of dwellings within the approved lots within Fryers Forest have been located outside of the approved


building envelope, Lot 10 issued 22/1/2019 and Lot 4, issued 19/12/2014 and there was no objections raised to these applications.

The applicant should build elsewhere outside the Owner’s Cooperation.

This is not a relevant planning consideration.

The applicants do not follow the Owner’s Cooperation rules and did not consult with the Owner’s Corporation. This is not a relevant planning consideration.

Bushfire Management Statement is not correct and the defendable space requirement is not achievable.

The Bushfire Management Statement was assessed externally by the CFA and given conditional consent.

The site plan submitted is drawn incorrectly and setbacks to boundaries are incorrect.

The applicants have signed a declaration as part of the application form to provide accurate documents at the time of applying. The objectors have not provided sufficient documentation by a qualified surveyor to prove their claims.

The proposed development will devalue existing neighbouring properties.


The owners of lot 1 do not interact with the community members, and are hostile towards the community.


Referrals

The application was referred externally to the Country Fire Authority and Goulburn Murray Water, both of which have provided conditional consent. The application was referred internally to Council’s Environmental Health Unit and Infrastructure Unit.

Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 of 64


ECO 02 PLANNING PERMIT APPLICATION PA159/2018 – EXTEND THE RED LINE PLAN AND INCREASE THE CAPACITY OF PATRONS FROM 100 TO 150 UNDER THE LIQUOR LICENCE 31901348 ON LOT 1 PS534611 21-23 WALKER STREET CASTLEMAINE.


Executive Summary

Council has received an application for a planning permit to extend the red line plan and increase the capacity of patrons from 100 to 150 under the existing Liquor Licence 31901348 on Lot 1 PS534611 “Bridge Hotel” 21-23 Walker Street Castlemaine.

The land is located within the General Residential Zone (GRZ) and is not covered by any overlays. An application to vary the Liquor Licence triggers a planning permit under Clause 52.27 Licenced Premises.

Two objections have been received and not withdrawn. Issues raised primarily relate to the proximity of the proposed red line extension to the neighbouring property to the south (which is currently operating as a bed and breakfast). The application has been assessed against the decision Clause 52.27 Licenced Premises. The proposal is considered an appropriate use at this location.

It is recommended that the permit application be approved subject to conditions.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to extend the red line plan and increase the capacity of patrons from 100 to 150 under the existing Liquor Licence 31901348 on Lot 1 PS534611 “Bridge Hotel” 21-23 Walker Street Castlemaine, subject to the following conditions:

1. NO LAYOUT ALTERATION – USE OF LAND The use allowed by this permit as shown on the endorsed plans must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

2. LIMIT ON NUMBER OF PATRONS 2.1. Without the prior written consent of the Responsible Authority, not more

than 150 patrons and staff may be present on the premises at any one time. 2.2. If only a lesser number of patrons is determined to be acceptable by a

Registered Building Surveyor and/or the Victorian Commission for Gambling and Liquor Regulation, the lesser number will apply.

3. MANAGEMENT OF WASTE No emptying of bottles into external waste bins is permitted after 10.00 pm on any night or before 7.00 am on any day.


4. LOCAL LAWS A Local Laws permit must be issued before footpath trading can be commenced.

5. AMENITY REMINDER Prior to the commencement of the use/occupation of the building, the applicant must display a sign at the exit of the premises advising patrons of the proximity of residential dwellings and the need to respect the amenity of the area, to the satisfaction of the Responsible Authority.

6. GENERAL AMENITY PROVISION The use must be managed so that the amenity of the area is not detrimentally affected, through the: a) Transport of materials, goods or commodities to or from the land. b) Appearance of any building, works or materials. c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil. d) Presence of vermin. e) Others as appropriate.

7. SOUND AMPLIFICATION All sound amplification equipment used for the purpose of entertainment on or from the premises must be connected to the noise monitor and limiter system at all times the premises is open to patrons.

8. NOISE FROM PREMISES 8.1. The licensee shall ensure that the level of noise emitted from the premises

shall not exceed, to the satisfaction of the Responsible Authority: 8.2. The permissible noise levels for entertainment noise as specified in the State

Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2;

9. LOUDSPEAKERS No external sound amplification equipment or loud speakers are to be used in the front verandah area for the purpose of announcement, broadcast, playing of music or similar purpose.

10. CONTROL OF LIGHT SPILL External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority.

11. NOISE AND AMENITY PLAN / PATRON MANAGEMENT PLAN Before the extension to the red line area and increase in patron numbers commences, a noise and amenity plan/patron management plan to the satisfaction of the responsible authority must be submitted to and approved by the authority. When approved, the plan will be endorsed and will then form part of the permit. All activities forming part of the extension to the red line area and increase in patron numbers must comply with the endorsed plan. The plan must include:


a) Staffing and other measures which are designed to ensure the orderly arrival and departure of patrons.

b) Measures to be undertaken to address all noise sources identified, including on and off-site noise attenuation measures.

c) Signage to be used to encourage responsible off-site patron behaviour including directing smokers to an area in accordance with outdoor drinking and eating areas under the Tobacco Act 1987.

d) The training of staff in the management of patron behaviour. e) Lighting within the boundaries of the site. All of the above to the satisfaction of the Responsible Authority. Once approved the plan must be implemented to the satisfaction of the Responsible Authority.

12. SIGNS REQUIRING FURTHER APPROVAL Unless no permit is required under the Planning Scheme, additional signage must not be constructed or displayed without a further planning approval.

13. HOURS OF OPERATION 13.1. The use may operate within the internal area of the Hotel and the external

courtyard during the following times: a) Sunday - Between 10.00 am and 11.00 pm. b) Good Friday & ANZAC - Day Between 12 noon and 11.00 pm. c) Monday to Wednesday - Between 7.00 am and 11.00 pm. d) Thursday to Saturday - Between 7.00 am and 12 midnight.

13.2. The use may operate within the external area under the veranda on Walker and Cornish Streets during the following times: e) Monday to Sunday, 12.00 pm-9.30 pm.

14. ENVIRONMENTAL HEALTH DEPARTMENT A suitable smoking area that meets the requirements for outdoor drinking and eating areas under the Tobacco Act 1987 shall be nominated. The area must not cause amenity issues for neighbouring properties.

15. CLOSED CIRCUIT TELEVISION CAMERAS (CCTV) 15.1. CCTV should be installed and operational before the use commences. The

CCTV shall be retained for the life of the use. 15.2. Victoria Police may, at any time, access images or recordings generated

from the CCTV System (in accordance with CCTV Policies and the Law) by making a request to the applicant. PERMIT EXPIRY – USE ONLY This permit for the use of land expires if: a) The use does not start within two years of the date of this permit; or b) The use is discontinued for a period of two years. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards.



That matter be deferred to a future Ordinary Meeting of Council, to allow Council officers to make further enquiries on issues raised.


CARRIED.


Context The purpose of this report is to enable Council to determine an application for planning permit to extend the red line plan and increase the capacity of patrons from 100 to 150 under the existing Liquor License 31901348 on Lot 1 PS534611 “Bridge Hotel” 21-23 Walker Street Castlemaine.

The application has been referred to Council for a decision because there are two objections outstanding.

Refer to:

Attachment ECO 02B: Aerial Image PA159_2018. Attachment ECO 02C: Red line plan PA159_2018.

The application was submitted to Council on 24 May 2018.

It proposes to extend the red line plan and increase the capacity of patrons from 100 to 150 under the existing liquor license 31901348. The proposal was advertised and four (4) objections were received.

The subject site is in the General Residential Zone (GRZ). The use of the premises as a Hotel/Tavern (food and drink premises) is existing and does not trigger a permit. A planning permit is required for the alteration to the liquor licence under Clause 52.27 Licenced Premises.

Subject site

The site consists of one existing land title with a frontage to Walker Street of 30.4 metres and a total area of 657.52m2.

The site is developed with a double storey rendered brick hotel, trading as “The Bridge Hotel”. The development is built to the site’s northern boundary with a veranda opening to the footpath over Walker and Cornish Streets. There are four tables in the outside veranda area which seat up to thirty-two patrons. The red line currently extends throughout the entire ground floor of the site and into second storey.

The site is located within a residential area of the General Residential Zone, with Public Conservation and Resource Zone (Castlemaine Botanical Gardens) to the immediate north-west and Industrial 3 Zone (CSR Factories) to the north-east.

The site is located approximately 1kilometre from the Castlemaine town centre.

Proposal

The application proposes to alter the General Liquor Licence No. 31901348 to extend the existing red line area out to the footpath and to increase the existing patron numbers from 100 to 150.

The application is supported with a submission which explains the applicants’ reasons for extending the redline area and how the applicants’ will address amenity impacts to nearby residential uses. The original submission has been amended to address initial concerns raised by the objectors and Castlemaine Police.



State and Local Policy

Clause 17 Economic Development

The objective of the Clause is: ‘Planning is to provide for a strong and innovative economy, where all sectors are critical to economic prosperity.

Planning is to contribute to the economic wellbeing of the state and foster economic growth by providing land, facilitating decisions and resolving land use conflicts, so that each region may build on its strengths and achieve its economic potential.’

Local Planning Policy Framework (LPPF)

Clause 21.02 Vision and framework plan

This clause contains some of the guiding policy linking the municipal vision, derived from Mount Alexander Shire Council Plan, to the land use and development planning vision for the Shire.

Zoning

Clause 32.05 General Residential Zone

A permit is not required for the use as a Tavern/Hotel (food and drink premises) as the use is existing.

Overlays

None applicable.

Particular provisions

Clause 52.06 Car parking

The application is seeking to increase the existing patron numbers from 100 to 150, an increase of 50 patrons. Clause 52.06 refers to car parking and Clause 52.06-1 requires that a new use must not commence or the floor area of an existing use must not be increased until the required car spaces have been provided on the land. The number of spaces required to be provided is specified in the table at Clause 52.06-5. The Hotel land use specifies 0.4 spaces to each patron, which equates to 20 spaces. There is currently no provision for any parking on the land and based on the existing number of patrons, the site has a parking credit of 40 spaces. Patrons currently use unlimited parking on both sides of Walker and Cornish Street, walk or cycle to the hotel.

Given the existing use of the site as a Hotel with up to 100 patrons existing with no provision for on-site car spaces, an additional 50 patrons is considered reasonable and could easily be absorbed within the existing availability of parking within close proximity to the site.

Clause 52.27 Licenced Premises

The subject site has existing use rights as a hotel with an existing general liquor licence. In assessing the proposed extension to the red line area to allow the extension to the licence area and increase in patron numbers by 50, Council must have regard to the Decision Guidelines established under this provision, which are:


• The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area.

• The impact of the hours of operation on the amenity of the surrounding area. • The impact of the number of patrons on the amenity of surrounding area. • The cumulative impact of any existing and the proposed liquor licence, the hours of

operation and number of patrons, on the amenity of the area.

Issues

Amenity Impacts

The hotel benefits from an existing general liquor licence with a patron limit of 100 and restricted hours within the redline up to 12pm midnight Thursday to Sunday and to 11pm public holidays and other weekdays. The existing red line is contained within the internal areas of the Hotel and external courtyard. The Castlemaine Police stated there had been four incidents recorded for 2018, however the police support the amended proposal. Whilst the application seeks to increase patron numbers by 50, the principal consideration is the impact on the amenity of the surrounding area that will result from the increase in the red line area and land in which the red line area is being extended to. The extension of the red line will be contained within the veranda which extends over the footpath to the east and west of the Hotel. The extension to the red line area can be considered at this location given:

• The subject property is located on an arterial road, in an area with mixed uses including residential, public use and industrial.

• Standard permit conditions regarding noise will also be placed on the permit to ensure amenity impacts are mitigated to an acceptable level.

• The land has existing use rights in relation to the use as a hotel; • A condition to prevent the use of amplified music from the extended red line area

would be included on any permit issued; • The use of the red line in this area will be restricted within the hours 12pm-9.30pm

daily; • The cumulative impact of existing licensed premises on the amenity of the area is

minimal given the only other licensed premises located within close proximity to the subject site is ‘The Taproom’ at the Mill Complex which provides ample parking to its patrons on site.

Outstanding objections to the application

Following advertisement of the application in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, two (2) objections were received.

The key concerns raised in this objection can be summarised as:

Concerns with existing and projected noise levels

Permit conditions to be placed on any permit issued would seek to control patron behaviour and safe guard the amenity of the area. The subject land is located within a General Residential Zone, having a frontage to Walker and Cornish Streets. All entry and exit to the existing cafe is via Walker Street. This existing Hotel is not a bar/nightclub where people generally visit to consume alcohol, instead people go to the Hotel to consume food, listen to music and alcohol is optional. As noted, conditions included on any permit issued will seek to manage patrons and staff leaving the premises and measures to control noise emissions from the premises. Land directly north across Walker Street is in the Industrial Zone – Schedule 3, with land north-east in the Public Conservation and Resource Zone.


Negative impact upon existing business adjacent to the premises

The premises is currently operating and the main concentration of that use is directed towards Walker Street, with a distance of 20 metres to the closest dwellings on both Walker and Cornish Streets.

Greater amount of rubbish in area

Conditions to be placed on any permit issued will seek to control litter and rubbish collection to safe guard the amenity of the area.

Impact upon parking

As the subject site is already operating as a Hotel/Tavern, the proposed increase in patron numbers would not adversely impact the amenity of the area given the availability of parking within close proximity to the site.

Alternative Options

Council could refuse the application, however there are no sound planning grounds for refusal.


Cost of representation for any appeal to the Victorian Civil and Administrative Tribunal would be met within operating budgets.

Consultation

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and two signs were also placed on-site.

Four (4) objections were received and two have been subsequently withdrawn after the applicants amended the proposal.

External Referrals

Castlemaine Police had no objections and no specific permit conditions. They did recommend installation of CCTV cameras and standard noise control conditions.

Internal Referrals

Council’s Infrastructure and Environmental Health Units have no objection to the proposal subject to permit conditions.


ECO 03 PROPOSED REFERRAL OF SOLAR FARM PLANNING PERMIT APPLICATION TO THE MINISTER FOR PLANNING


Executive Summary

The purpose of this report is to recommend to Council that it refer the Baringhup solar farm permit application to the Minister for Planning for a decision.

Council’s Statutory Planning department is currently assessing permit application PA297/2018 for the use and development of a solar farm in Baringhup. The construction cost is in the order of $195 million, and the development has the potential to generate 75 megawatts (MW) of renewable energy.

The main concerns associated with the application are whether the loss of productive agricultural land for a solar farm is an acceptable planning outcome, and the impact of the development on the environment and amenity in the Baringhup district. The application is opposed by a number of local landowners and interested parties.

Officers are required to consider State and Local Planning Policy that is in conflict with respect to the protection of productive agriculture land and the enablement of renewable energy facilities in regional Victoria. Council must also make decisions in favour of the net community benefit and sustainable development for the benefit of present and future generations.

In light of the scale of the proposed Baringhup solar farm; its economic value to the Shire and region; the potential for the development to make a positive contribution to the State’s renewal energy target; and the level of community interest in the outcome of this permit application, it is considered appropriate that the matter be referred to the Minister for Planning for a decision.

A number of permit applications for solar farms have been referred to the Minister for a decision since 2017; most notable is a decision on four separate but concurrent permit applications for large-scale solar farms in the City of Greater Shepparton, and a smaller solar farm proposal in the Rural City of Wangaratta that was called-in by the Minister prior to its determination in the Victorian Civil and Administrative Tribunal (VCAT).

Officers recommend that Council resolves to authorise the Chief Executive Officer to write to the Minister pursuant to section 97C of the Planning and Environment Act 1987 (‘the Act’) requesting that he decide PA297/2018.

If the Minister agrees to Council’s request, Council must refer the application to the Minister and must not proceed further with the application.


RECOMMENDATION

That Council authorise the Chief Executive Officer to write to the Minister of Planning to:

Pursuant to Section 97C of the Planning and Environment Act 1987, request the Minister to decide the Baringhup solar farm application under that provision; and

Request the Minister establishes a decision-making process that provides a fair and proper opportunity for all locally affected stakeholders to be heard.

Request officers to provide information to Council once the Minister has decided on Council’s request.

MOVED COUNCILLOR GARDNER

That Council authorise the Chief Executive Officer to write to the Minister of Planning to:

Pursuant to Section 97C of the Planning and Environment Act 1987, request the Minister to decide the Baringhup solar farm application under that provision; and

Request the Minister establishes a decision-making process that provides a fair and proper opportunity for all locally affected stakeholders to be heard.

Requests that any Planning Panel convened by the Minister be held at the Baringhup Hall.

Request officers to provide information to Council once the Minister has decided on Council’s request.


CARRIED.


Context

Council received a permit application for a renewable energy facility (‘solar farm’) from AECOM, acting on behalf of RES Australia (the ‘applicant’) on 22 October 2018. The application identifies the subject site as an agricultural property located at 137 Baringhup West Road, Baringhup, 1.3 kilometres from the Baringhup Township.

The subject site is 292 hectares of cropping and grazing land, of which approximately 230 hectares is proposed to be utilised as the project area. The land is located in a Farming Zone and is not affected by Overlays. The land (nor any part of it) is not located within an Aboriginal Cultural Sensitive area.

The nearest dwelling is located on adjacent land to the south on Baringhup-Havelock Road. There is another dwelling located on the north-western corner of Baringhup West Road and Green Lane.

Key application details include:

• A development cost of $195 million. • Approximately 260,000 solar photovoltaic panels with an installed capacity of up to

75 megawatts AC (MW). • 320 electrical control cabinets. • Hard stand areas and 8.5 kilometres of access track on private land. • A utility zone including:

o A battery storage facility of up to 37 megawatt hours (MWh) capacity in a centralised secure compound of 1.26 hectares, or in decentralised 40-foot containers (similar to shipping containers) adjacent to either side of each power conversion unit.

o Construction and laydown areas of approximately 2 hectares, being 1 hectare within the utility zone and 1 hectare as a temporary satellite construction compound on the north-western boundary of the project area adjacent to Green Lane.

o Operations and maintenance buildings within a compound of approximately 1 hectare.

o On-site wastewater disposal/septic tanks.

• Removal of 14 scattered trees. • Landscaping to protect sensitive views surrounding the project area. • Business Identification Signage (specific details of the signage will be determined

during the detailed design phase, to the satisfaction of the responsible authority).

The application was submitted to Council with a suite of detailed technical reports required by the Mount Alexander Planning Scheme, including:

• Ecological Assessment. • Geotechnical Investigations Report. • Glint and Glare Assessment. • Landscape and Visual Amenity. • Environmental Management Plan. • Economic Impact Assessment. • Operational Acoustic Impact Assessment. • Traffic Access and Report.

Notice of the application has been undertaken in accordance with section 52 of the Act, and referrals have been undertaken in accordance with section 55 of the Act.


At the time of writing, Council has received 16 objections, one pro forma objection with approximately 250 signatures opposing the development and one submission in support of the development.

On 2 February 2019, Council received a referral response from the Department of Environment, Land, Water and Planning (DELWP) requesting a more detailed assessment against the native vegetation provisions at Clause 52.17 of the Planning Scheme. On 4 February 2019, Council formally requested further information to meet DELWP’s requirements under section 54 of the Act.


Mount Alexander Planning Scheme

Council’s Municipal Strategic Statement does not contain specific policies relating to solar farm developments within the Shire; however, it does contain various policies for the protection of the environment (Clause 21.04) and the protection of productive agriculture land (Clause 21.06).

State Planning Policy for energy provision in general, and renewable energy specifically, is much clearer. Clauses 19.01-1s and 19.01-2s, and the Particular Provision at Clause 53.13, include specific policy guidance for considering renewable energy developments in Victoria. Relevant parts of these policies are included below:

Clause 19.01-1S Energy supply

Objective

To facilitate appropriate development of energy supply infrastructure.

Strategies

• Support the development of energy facilities in appropriate locations where they take advantage of existing infrastructure and provide benefits to industry and the community.

• Support transition to a low-carbon economy with renewable energy and greenhouse emission reductions including geothermal, clean coal processing and carbon capture and storage.

• Facilitate local energy generation to help diversify the local economy and improve sustainability outcomes.

Clause 19.01-2S, Renewable energy

Objective

To promote the provision of renewable energy in a manner that ensures appropriate siting and design considerations are met.

Strategies

• Facilitate renewable energy development in appropriate locations. • Protect energy infrastructure against competing and incompatible uses. • Develop appropriate infrastructure to meet community demand for energy

services. • Consider the economic and environmental benefits to the broader community of

renewable energy generation while also considering the need to minimise the effects of a proposal on the local community and environment.


Clause 53.13 Renewable Energy Facility (Other Than Wind Energy Facility and Geothermal Energy Extraction) – which includes application requirements for this type of use and development – states that the purpose of the Clause is to facilitate the establishment and expansion of renewable energy facilities, in appropriate locations, with minimal impact on the amenity of the area.

State Government Policy

Under the Victorian Government’s renewable energy targets, by 2050 up to 5400 MW of new large-scale renewable energy capacity will be built in Victoria, representing an estimated $2.5 billion of investment in the State. More than 4000 additional jobs will be created in the renewable energy sector during the expected peak year of construction in 2024.

The Baringhup solar farm project has the potential to significantly contribute towards the creation of new jobs in the Shire and region, while the investment in renewable energy directly contributes towards the Government’s greenhouse gas emission target expressed in the Renewable Energy Action Plan and the Climate Change Act 2017 (Vic).

The Victorian Government has committed $146 million towards renewable energy under its Renewable Energy Action Plan, which (as relevant) provides that:

“We will increase renewable energy generation to 25 per cent by 2020 and 40 percent by 2025 to deliver a sustained pipeline of investment. This will include 20 percent for large-scale solar power, to develop strong industry capability and lead the nation.”

The New Energy Technologies Sector Strategy “We will ensure Victoria is ready for sector transformation and well placed to capture the economic and environmental benefits, including creating new jobs and building skills and capabilities. This strategy is part of the Government’s Future Industries Initiative and is supported by the $20 million New Energy Jobs Fund (NEJF).”

“Victoria’s Climate Change Act 2017 establishes a target for Victoria to have net zero greenhouse gas emissions by 2050. Victoria’s Climate Change Framework makes it clear that moving to a clean energy supply by increasing renewable energy generation is a key pillar of the state’s approach to emissions reduction.”

“We will create new jobs, investment and energy sector growth by:

• Positioning Victoria as a leader in renewable energy and accelerating large-scale renewable energy generation.

• Ensuring Victoria’s smooth transition. • Encouraging sector growth and investment.”

Statutory powers and implications

Section 97C of the Act grants Council the legislative power to request that the Minister decide the Baringhup permit application. Section 97C of the Act states:

Request by responsible authority

1. Before a responsible authority makes a decision in respect of an application for a permit in accordance with section 61, the responsible authority may request the Minister to decide the application.


2. If the Minister agrees to the request, the responsible authority must refer the application to the Minister and must not proceed further with the application.

If the Minister agrees to Council’s request, the Minister is required by the Act to appoint an independent planning panel to review the application, including all technical information, responses from referral authorities, expect evidence, and submissions from stakeholders and submitting parties. The independent planning panel would prepare a report to the Minister, including a recommendation, and the Minister would then make a decision on the application. If a permit is issued, it is issued by the Minister.

Issues

At the core of this permit application is a tension between State Planning Policy that seeks to enable investment in and development of renewable energy, and Local Planning Policy that prioritises the protection of environments and productive agriculture land as well as more broadly amenity impacts.

While policy conflicts are common to statutory planning processes, the quantum of issues raised by the Baringhup solar farm application, and the relative impact of a decision on State planning objectives, sets this application apart from other matters determined by Council.

The Minister has, in recent years, made decisions on solar farm applications in the City of Greater Shepparton and the Rural City of Wangaratta: in the first example, Council referred the application to the Minister under section 97C of the Act (as is proposed here); in the latter, the Minister intervened by calling-in an application (from VCAT) under clause 58 of the Victorian Civil and Administrative Tribunal Act 1998, ultimately deciding the matter before it was reviewed at VCAT.

While the facts of the Shepparton and Wangaratta applications differ from the Baringhup application, Council has justification to request the Minister decide PA297/2018 on the basis that:

• The application represents a regionally significant project with direct impacts on the achievement of State Planning Policy for renewable energy and economic investment.

• Approval of the development would have significant effects on land use planning, energy provision, and economic growth beyond the Baringhup Township.

Additionally, a referral of the Baringhup application to the Minister will effectively expedite the planning process, providing greater levels of certainty to the local community and the proponent.

Based on current timings of the statutory process being administered by Council (as the responsible and determining authority), a Council decision on the Baringhup application would be made no sooner than May 2019. There is a high degree of probability that any decision made by Council would be subject to review at VCAT – whether that review is initiated by the proponent or an opponent – and that review would most likely not commence until late 2019 (Directions Hearing) and proceed into 2020 (Merits Review).

In contrast, if the Minister agreed to decide the Baringhup application, it is reasonable to expect an independent planning panel to be appointed and hold a Directions Hearing by mid-2019, and for the Minister to decide the application by late 2019.


Alternate Options

The alternative option is for Council to continue as responsible and determining authority for permit application PA297/2018 and not refer the application to the Minister for a decision.

In that scenario, the permit application will continue through the statutory processes as outlined in the Act, and a report will be presented for a decision by Council no sooner than May 2019.


Based on available information, the most efficient pathway for deciding the Baringhup solar farm application, which ultimately represents more than $195 million of investment in the Shire, is to request the Minister to decide the matter.

If the Minister agrees to Council’s request, Council will be responsible for the costs associated with convening a panel hearing, which Council can request be held in Castlemaine or Maldon. The costs to be borne by Council relate to the administration of the panel hearing and process (i.e. panel member fees, venue fees) and Council’s own representation at the hearing. Council would not be liable for the costs of any other parties participating in the panel process. While it is difficult to determine the actual cost of a panel process before it occurs, based on a number of assumptions (e.g. number of submitters; how long the panel would sit) Officers estimate the cost of the panel would be in the order of $40,000 to $60,000. The fee paid by the applicant to have the Baringhup solar farm application assessed was in the order of $55,000.

If Council decides not to support the Officer recommendation and remains the responsible and determining authority, costs related to the administration of the planning process will be met through existing operational budgets. Significant additional costs would likely be accrued if Council’s decision was subject to review at VCAT.

Consultation

Council’s Statutory Planning department has given notice of the Baringhup permit application in accordance with section 52 of the Act and referred the application to authorities in accordance with section 55 of the Act.

Council has received numerous objections to the application, generally relating to:

• Removal of land from agricultural production. • Impact on surrounding agricultural land uses. • Industrial character of the use in a rural area. • Impact on the amenity of the area. • Glare from solar panels. • Dust during the construction phase. • Traffic impacts during the construction phase. • Landscape buffers.

On the basis that the Minister agreed to Council’s request to decide the matter, all objections received by Council will be referred to the independent planning panel for consideration. Furthermore, all submitting parties will be given an opportunity to be heard and/or present expert evidence during the panel hearing.


ECO 04 QUARTERLY FINANCIAL MANAGEMENT REPORT TO 31 DECEMBER 2018

Responsible Director: Director Corporate and Community Services Responsible Officer: Acting Executive Manager Business Performance Original Document: DOC/19/4604

Executive Summary

The purpose of this meeting is to present the Financial Management Report for the quarter ending 31 December 2018.

RECOMMENDATION

That Council note the quarterly Financial Management Report for the six month period to 31 December 2018.

MOVED COUNCILLOR CORDY



CARRIED.


Context

Regular review of financial performance and reporting of Council activities provides an overview as to how different programs and projects are being delivered. This reporting assists in monitoring Council’s achievement of objectives in the Strategic Resource Plan and Annual Budget whilst ensuring that Council is financially sustainable in the long term.

The Financial Management Report is presented to Councillors at Briefing Sessions and at an Ordinary Meeting of Council on a quarterly basis.

The Financial Management Report presented includes the following information:

• Income Statements. • Balance Sheet. • Statement of Capital Works in Progress. • Investment Register.

Separate Attachment ECO 04A: Quarterly Financial Management Report to 31 December 2018.


Section 138 of the Local Government Act (1989) requires the Chief Executive Officer to present a statement comparing the budgeted income and expenditure with the actual income and expenditure to the Councillors at least every three months.

The Council Plan 2017-2021 includes a strategic objective of ‘an innovative and sustainable organisation’ and strategy of ‘maintaining financial sustainability to deliver the Council Plan’.

Councillors will promote and ensure responsible financial management by receiving and reviewing quarterly financial reports, using agreed project management processes for large projects and conducting regular internal audits of Council activities.

Issues

The Financial Management Report prepares a snapshot of the year to date financial performance for the 2018/2019 financial year and the current budget includes the adopted carry forwards budgeted for capital projects, special projects and operating items.

Alternate Options

Nil


The Financial Management Report for the period 1 July 2018 to 31 December 2018 presented gives a concise summary of the financial performance of Council for the period.

Consultation

Nil


ECO 05 AWARDING OF CONTRACT M1425-2018 FOR PROVISION OF INNOVATIVE DOMESTIC ANIMAL POUND SERVICES FOR THE PERIOD 1 APRIL 2019 TO 30 JUNE 2022

Responsible Director: Director Infrastructure and Developments, Phil Josipovic Responsible Officer: Manager Development Services, Shannon Meadows Original Document: DOC/19/7424

Executive Summary

Council is required under State legislation to provide an animal pound service. The service is currently provided under a short-term contract by Mount Alexander Animal Welfare Incorporated (MAAW). Council recently conducted a public tender process for the future provision of the animal pound service, and one conforming tender was received.

Following evaluation of the tender, it is recommended the MAAW be awarded the contract to operate Council’s animal pound services for a three year period, with the option of two one-year contract extensions. As the proposed contract is likely to exceed officer delegations, a report to enter into a contract will be presented at the March 2019 Ordinary Meeting of Council.

Recommendation

That Council:

1. Award Contract M1425 - 2018 for Provision of Innovative Domestic Animal Pound Services for the period between 1 April 2019 to 30 June 2022 to Mt Alexander Animal Welfare Inc. for an initial year 1 lump sum contract price of $180,000 (Exc GST) adjusted annually on the anniversary of the Commencement Date for CPI.

2. Note total contract liability over the initial 39 month period ending 30 June 2022 is estimated at $665,140. This amount includes estimated annual CPI adjustment of 2% and additional estimated costs related to collection of animal registration fees, impounded livestock and seized animal charges which are additional to lump sum.

3. Note that should the two one year extensions available to Council at the conclusion of the initial period be exercised, total contract liability for the potential 5 year, 3 month contract is estimated at $1.1 million.

4. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract documentation for M1425 - 2018 for Provision of Innovative Domestic Animal Pound Services from 1 April 2019 to 30 June 2022;

5. Authorise the Chief Executive Officer to approve the extension of Contract M1425 - 2018 for Provision of Innovative Domestic Animal Pound Services for a further 2 x 1 year contract terms from 1 July 2022 to 30 June 2023 and 1 July 2023 to 30 June 2024, should the options be exercised.




SECONDED COUNCILLOR GARDNER

CARRIED.


Context

Council has a legislative requirement under the Domestic Animals Act 1994 (the Act) to provide, at a minimum, a holding facility for impounded or surrendered dogs and cats.

In late December 2018, Council commenced a public tender process to appoint a contractor to provide innovative pound services to the Shire’s community members.

Council sought tenders from contractors who are willing to embrace the principles of a zero euthanasia rate for adoptable dogs and cats, and the delivery of pound services that focus on partnering with Council and the community to improve levels of responsible pet ownership.

Council’s animal pound service must be operated in accordance with the Code of Practice for the Management of Dogs and Cats in Shelters and Pounds, which is made under the provisions of section 59 of Division 4 of the Act. The purpose of the Code is to specify the minimum standards of accommodation, management and care that are appropriate to the physical and behavioural needs of dogs and cats housed in establishments operating as an animal shelter or Council pound.

The Code of Practice is designed to cover all animal shelters and Council pounds, and includes any holding facilities used by these establishments. Holding facilities for the short term housing of animals prior to transportation to an establishment must comply with this Code. Specific conditions apply to the long-term housing of dogs seized and held for legislative purposes. The Code is to be observed by the proprietor, operations manager and all other staff of an establishment. All establishments must comply with State and Local Government legislation and permits.

A request for tender was publicly advertised on 8 December 2018 and 12 January 2019 in the Bendigo Advertiser and The Age, and 11 December 2018 and Tuesday 15 January 2019 in the Council Column in the Midland Express. At the closing date of 2.00 pm, 23 January 2019, one conforming tender was received.

The contract being recommended for award is based on an annual lump sum for year one commencing on 1 April 2019, which will then be adjusted for the two subsequent years (which are optional) based on CPI % increase/decrease on the anniversary date of the commencement date of the Contract, with pro rata payment for the period 1 April 2022 to 30 June 2022.

Term of Contract

• Initial Contract Term – 39 months (Expiry 30 June 2022). • Contract Extension Options - Two (2) x One (1) years.

Refer to:

Confidential Attachment ECO 05A: Tender Evaluation Report, M1425 - 2018 - Provision of Innovative Domestic Animal Pound Services from 1 April 2019 to 30 June 2022.


Relevant policies, strategies and plans

Council’s Annual Plan has as an objective related to the achievement of the actions in its adopted Domestic Animal Management Plan 2017 – 2021 (DAMP).


Council’s DAMP addresses responsible pet ownership and animal welfare by focussing on registration, identification, dog attacks, nuisance behaviour, dangerous/ menacing/restricted breed dogs, and animal businesses. It also deals with Council’s domestic animal control services, authorised officer training, emergency management and matters relating to the enforcement, compliance and evaluation of the Council’s control measures. Maintenance of an effective pound service is critical to achieving the Plan’s objectives.

The tender process has been conducted in accordance with the Mount Alexander Shire Council Procurement Policy. The tender evaluation criteria in the Procurement Policy help to ensure competition in the supply of goods and services and products to Council, and supports administrative consistency and fairness through transparency in Council’s decision making.

Council is committed to buying from local and regional businesses (within the Shire and neighbouring Municipalities) where such purchases may be justified on value for money grounds.

Statutory powers and implications

The Domestic Animals Act 1994 (the DAA) and the Impounding of Livestock Act 1994 require councils to have a pound facility for the purposes of seizure of domestic animals and small and large livestock. A facility may be either Council owned and operated, or be a facility approved as a Domestic Animal Business under the Act. The Act requires that a pound and all facilities must be compliant with the Code of Practice for the Management of Dogs and Cats in Shelters and Pounds.

The Local Government Act 1989 (the LGA) provides relevant direction to local government in regards to procurement and contracts. Section 186 of the LGA requires councils to undertake competitive market testing processes before entering into contracts for purchase of goods or services for the value of $150,000 or above. The LGA imposes specific restrictions on Council in regard to entering such contracts.

Important provisions within Section 186 include minimum standard processes for giving public notice of the purpose of contracts in excess of the value of $150,000. Nothing in Section 186 of the LGA requires Council to accept the lowest tender or to accept any tender.

Clause 208 of the LGA – ‘Best Value Principles’ requires local governments to comply with the Best Value principles, specifically the need for Council services to meet quality and cost standards, and provides a number of factors that may be considered when applying the principles of Best Value.

All goods and services purchased by Council must be compliant with the Occupational Health and Safety Act 2004, the Dangerous Goods Act, Equipment (Public Safety) Act 1987, and associated regulations and codes of practice whenever applicable.

Issues

A panel was formed to evaluate the tender in accordance with Council’s Tendering and Evaluation Procedures and Guidelines. At the commencement of the tender process and following the close of the tender period, the Tender Evaluation Panel completed conflict of interest and confidentiality declarations. No known conflicts were declared at either stage.

The tender was evaluated according to the following criteria in order of priority and weighting.


Table 1 Evaluation Criteria Weighting Risk Management & OHS Pass/Fail Local Content / Economic Benefit 5% Response to Specification 35% Cost to Council - Direct & Indirect 25% Experience & Qualifications 15% Business & Financial Capacity 15% Sustainability 5%

The evaluation criteria and weightings were listed and described in the tender documents for the purpose of tender evaluation.

Only one conforming tender was received, from Mount Alexander Animal Welfare Inc.

Following a comprehensive evaluation against the pre-determined evaluation criteria and weightings, MAAW is recommended as the preferred tenderer for a lump sum contract price of $180,000 (ex. GST) for year one commencing 1 April 2019, with CPI increases to apply for subsequent years up to 30 March 2022 with pro rata payment for the period 1 April 2022 to 30 June 2022.

Alternate Options

Council can choose not to accept the recommended tenderer, and request that Council officers undertake a further tender process.

This action is not recommended. It is considered that Council received a submission from an appropriately qualified operator, and it is unlikely that a further tender process would produce more competitive options and/or submissions at a lower price. This action would also affect existing contract arrangements with MAAW, and may possibly create a situation where current animal pound services are affected.

Deliver operation and management of the Shire’s pound in-house.

This action is not recommended. Significant risk would be fully transferred to Council under such an arrangement. Council would need to purchase or lease a pound facility, and then be responsible for it staffing and operation; this creates ongoing financial and compliance risks and is not predicted to generate additional savings that outweigh the additional risk to Council.


The lump sum tender price for year one of the recommended contract is $180,000. Additional charges above this cost will be incurred for specific services identified in a fee schedule submitted with the Tender, including animal registrations processed at the pound, livestock impounded and seized animal charges. It is considered reasonable to allocate $20,000 for these additional services. Therefore, the proposed Budget for 2019/2020 allocates $200,000 for the provision of an animal pound service.

It is estimated that the 39 month initial contract term recommended will cost Council a total of $665,140 (CPI adjusted, assuming 2% CPI). Should the 2 by 1 year extensions be exercised by Council at the conclusion of the initial term, total contract cost is estimated to be approximately $1.1 Million. If the options are exercised, the total term of contract would be 5 years and 3 months.


The table below summarises the total estimated financial commitment by Council:

Estimated Expenditure for Initial Term of Contract (39 Months) M1425 – 2018: Lump Sum Contract Price $180,000 Per Council Report

Other Estimated Costs $20,000

Collection of animal registration fees, impounded livestock and seized animal charges which are additional to lump sum.

Total Year 1 Cost $200,000 Proposed Annual Cost

Estimated Year 2 Cost $204,000 Assuming 2% CPI

Estimated Year 3 Cost $208,800 Assuming 2% CPI Estimated Part Year 4 Cost (3 Months) $53,060 Assuming 2% CPI

ESTIMATED COST TO COUNCIL $665,140

Estimated Expenditure if 2 x 1 Year Contract Extensions Exercised by Council Estimated Year 1 Extension Cost $212,242 Assuming 2% CPI

Estimated Year 2 Extension Cost $216,868 Assuming 2% CPI

TOTAL ESTIMATED CONTRACT COST $1,093,868 Total length of Contract if options

exercised is 5 years and 3 months

Consultation

The Tender Evaluation Panel consisted of the Director Infrastructure and Development, Manager Development Services, Acting Executive Manager Business Performance, and the Procurement Coordinator. Council’s Coordinator Community Safety and Amenity provided technical advice and was a non-scoring panel member.


10. DELEGATES REPORTS

Meetings Attended by Chief Executive Officer and Mayor

The Chief Executive Officer tabled meetings attended by the CEO and the Mayor for the period 19 December 2018 to 19 February 2019.

Meeting CEO Mayor

Attended LGPro Annual Conference

Meeting with Health Building Authority representative and CEO’s of Castlemaine Health and Castlemaine & District Community Health regarding the Health Precinct initiative

Onsite tour of previous tree removal works along Barkers Creek adjacent to The Mill

Attended Loddon Mallee Local Government Waste Forum

Attended Campbell’s Creek Primary School to award badges to Prefects

Attended Climate Change Flag Launch

Attended Landcare get together organised by Connecting Country

Attended Climate Change Systems Change meeting

Interview with Gold Central Victoria Radio

Meeting with new Gallery Manager for the Castlemaine Art Museum

Meeting with EPA Executive from Bendigo Office to discuss matters of interest for Mount Alexander Shire (Lisa Knight, Director Corporate & Community Services and Phil Josipovic, Director Infrastructure & Development also in attendance)

Meeting with resident regarding LGBTIQ+ matter

Meeting with Regional Transport Planning Manager, Loddon Mallee (Transport for Victoria) and representatives from Castlemaine Health, Castlemaine District Community Health and Castlemaine Community House to discuss potential community transport project (Lisa Knight, Director Corporate & Community Services also in attendance)

Attended official funding announcement by Maree Edwards MP for the Royal Train


Meeting CEO Mayor

Attended official funding announcement by Maree Edwards MP for the Community Sports Infrastructure Fund

Meeting with Maree Edwards MP to discuss matters of interest for Mount Alexander Shire

Meeting with Regional Director DELWP to discuss matters of interest for Mount Alexander Shire

Attended the Annual Mayors and Deputy Mayors FastTrack Leadership Program

Meeting with Vossloh Cogifer’s Executive Group (Phil Josipovic, Director Infrastructure & Development also in attendance)

Attended meeting for Regional Steering Group of the Healthy Hearts Initiative

Meeting with representatives from the Castlemaine Historical Society regarding their upcoming exhibition on Local Government

Meeting with Regional Director and Staff from Regional Roads Victoria, Bendigo Office to discuss matters of interest for Mount Alexander Shire (Phil Josipovic, Director Infrastructure & Development also in attendance)

Attended International Women’s Day Morning Tea

Opened Harcourt Applefest

Attended Taradale Springs Festival

Loddon Mallee Waste Recovery Resource Group’s Forum Sub-Committee Meeting

Attended Climate Change School Strike

Attended the Launch of the Royal Train

Meeting with Community Power Hub representative to discuss potential community owned Solar Farm (Phil Josipovic, Director Infrastructure & Development also in attendance)

Attended Phee Broadway Theatre AT HOME 2019 Program Launch


Meeting CEO Mayor

Meeting with Mount Alexander Bio Energy representatives to discuss potential waste to energy project

Councillor Lesser noted that he had been a Councillor for Mount Alexander Shire for one year and spoke on how much he is enjoying his role.

Councillor Petrusma noted that he had attended the Castlemaine Fringe Festival 2019 opening.


11. NOTICE OF MOTION

11.1. NOTICE OF MOTION 2019/001 – DUCK HUNTING BAN AT CAIRN CURRAN RESERVOIR

MOVED COUNCILLOR GARDNER

That Council:

Advocate for the banning of duck hunting at Cairn Curran Reservoir;

Write to the Minister for Agriculture, the Minister for Energy, Environment and Climate Change and the Victorian Game Management Authority for further regulation with the view to the closure of the hunting areas at Cairn Curran Reservoir; and

Write to the CEO of Goulburn Murray Water as the landowner asking that they enforce the no camping policy on their reserve.


CARRIED.

Rationale

Council has a representative on the Goulburn Murray Water - Cairn Curran Land & On Water Management Plan Implementation Group. The group’s activities including planning and sourcing external funding for initiatives that address a range of land and on-water issues such as increasing community awareness and involvement, community safety and recreation and tourism among other things.

Cairn Curran Reservoir is a popular spot for a number of recreational activities, including fishing boating, skiing, wind surfing, jet skiing and canoeing. It is also popular for picnics, swimming and walking. For three months of the year, during the duck hunting season, these activities are curtailed for safety reasons (In 2019, it is only a nine week season due to dry conditions).

Whilst wild duck hunting has been occurring at Cairn Curran for a long period of time, it is in opposition to the large amount of and the future growth of nature based tourism that provides economic benefit to the region.

Bird watching (birding) is becoming an increasing popular past time around Victoria’s waterways and wetlands. Some of the birds seen recently at Cairn Curran have been Australian Pelicans, Black Swans and a mix of ducks, including Pacific Black Ducks, Wood Ducks and Australian Shelducks as well as other non-water fauna. The nearby Moolort wetlands have been known to provide habitat for the Australasian Bittern, Australian Painted Snipe, the Brolga and the Growling Grass Frog, fauna that are declared as being nationally endangered and / or vulnerable. In 2016, the State Government launched the Murray Family Conservation Reserve at Long Swamp, which is a fresh water marsh that stretches across 200 hectares of the Moolort Plains.

Some of the issues caused at the Cairn Curran Reservoir by recreational duck hunting are:


• Hunters crossing into areas where hunting is not permitted. • Camping outside designated areas (caravan parks). • Impacts of rubbish and fires on the environment. • Hunters not complying with shooting and hunting regulations. The Minister of Agriculture is the lead Minister for game hunting policy and jointly responsible with the Minister for Energy, Environment and Climate Change for any hunting season modification, including further regulation or closure of hunting areas and other decisions under the Wildlife Act 1975. The Victorian Game Management Authority is the State’s primary regulator for game hunting on public and private land.

It is proposed to write to Minister for Agriculture, the Minister for Energy, Environment and Climate Change and the Victorian Game Management Authority for further regulation with the view to the closure of the hunting areas at Cairn Curran Reservoir.

11.2. NOTICE OF MOTION 2019/002 – WASTE MANAGEMENT


That Council:

That Council write the Minister for Energy, the Environment and Climate Change, the Honourable Lily D’Ambrosio:

a) Acknowledging her letter in regards to contracting conditions for the management of recycling waste

b) Thanking her for the work done by the State Government on the recycling crisis over the last year

c) Seeking her support for a national Reverse Vending Machine (container deposit) scheme based on the NSW scheme.

d) Asking her to advocate for a truly national, well-funded approach that will help develop a national circular economy, based on the five point plan put forward by the Waste and Resource Recovery Association of Australia and the Municipal Association of Victoria’s Action Plan for all levels of government.

A copy of this letter to be sent to the Minister for Local Government the Hon Adem Somyurek MLC and to the Federal Member for Bendigo, Ms Lisa Chesters MP.

SECONDED COUNCILLOR PETRUSMA

CARRIED.

Rationale

The Minister for Energy, the Environment and Climate Change, the Honourable Lily D’Ambrosio MP, has written to the Chairs of the Waste and Resource Recovery Boards following the instructions by the Environment Protection Authority that SKM Recycling stop accepting recyclable materials at their Coolaroo and Laverton North sites because


of the fire risks at those sites. The letter was also sent to all CEOs of Local Councils. In her letter the Minister indicated that the State Government is implementing its Recycling Industry Strategic Plan and asks that Councils:

• Collaborate to procure recycling services • Suggests that Council’s contracts with our waste pick-up services contain a clause

requiring that sites receiving recyclables meet all EPA standards • Include a contingency plan in their contract that requires the service to have a

contingency plan in the event that a site closes. The recyclable waste of the residents of Mount Alexander Shire is being picked up and appropriately managed by our contractor Veolia. The contract was finalised in late 2018 and was the result of a collaborative tender process with the City of Greater Bendigo and the Macedon Ranges Shire Council. Although the process was collaborative each Council chose a different contractor, reflecting local conditions and distances required to travel in rural areas. While our contract was approved before receiving the Minister’s advice, Council’s contract does include a contingency clause.

The recycling issue will not be solved by improving councils’ contracting arrangements. It requires that all level of governments work together to put in place the systems and regulations that will lead to a circular economy, in which materials are reused rather than dumped. The National Waste Policy (2018) outlines a framework for the development of a more circular economy and State Governments, including Victoria, are currently responding to this. The National Waste Policy recognises that having different regulations in place in each state can lead to difficulties for businesses, as well as opportunities for them to take recyclables across borders.

Victoria is the only mainland state that doesn’t have a container deposit scheme. NSW introduced a Reverse Vending Machine scheme which, according to a December 2018 report by the Boomerang Alliance, in its first year recycled 1 billion articles and in the process:

• Increased recycling rates from 32% to 54% • Increased the value of the recyclable material from $110 per tonne to $350 per

tonne. The Victorian State Government should be lobbying for the introduction of a container refund system, based on that introduced by NSW and taking into account the lessons learnt from that scheme. In recognition that developing a circular economy is a national business, agreements need to be made between the states and the Federal Government to address, with significant resourcing, the regulations and systems that need to be coherent across the nation.

The Waste Management and Resource Recovery Association of Australia, the national peak body for the Waste and Resource Recovery Industry, is lobbying for a five point action plan:

1. Develop an Industry Development Fund specifically for the remanufacturing industry to enable a circular economy. $1billion per year could be funded from the landfill levies collected and kept by state governments

2. Setting National Standards across all states - $15m per year for 5 years 3. Mandate procurement of recycled content goods based on the approved standards 4. Tax reform/GST remission on recycled goods 5. Mandate product stewardship schemes for identified priority materials


These five points appear to be a sound basis for national cooperation and action and should be supported by the Victorian State Government.

In addition, the Municipal Association of Victoria (MAV) has been conducting a strong campaign for further action from the State and Federal Governments and it too has a proposed plan that outlines five actions for each of the three levels of Government. Their Action Plan is detailed below. The Mount Alexander Shire Council endorses these actions.

Municipal Association of Victoria Action Plan to Rescue our Recycling

Victorian Government

Action 1: Invest in recycling infrastructure Commit greater quantities of Sustainability Fund money to bolster sorting and processing capability in Victoria. We urgently need more capacity in our materials recovery facilities across the state.

Action 2: Fund and support market development Commit greater quantities of Sustainability Fund money to drive demand for recycled content. Support research and development to increase uptake of new uses for recycled materials. Set mandatory procurement targets for Australian recycled materials.

Action 5: Strengthen industry oversight / regulation Recycling is considered an essential service by most, yet the few large operators we have in Victoria operate under a veil of secrecy. The State must improve transparency and accountability within the industry. Access to robust and credible data on market conditions, and costs and revenue within the recycling sector is essential to achieve best value for the community.

Federal Government

Action 1: Mandate product stewardship Introduce mandatory product stewardship for all products that generate waste. Put clear and binding targets within the Product Stewardship Act to drive action by industry. This approach would align with the polluter-pays principle, incentivising designers and producers to take responsibility for the environmental impacts of their products.

Action 2: Tackle consumer packaging In partnership with state and territory Ministers, review the National Environment Protection (Used Packaging Materials) Measure 2011 to impose mandatory participation and binding obligations across the consumer packaging chain. As an interim measure, clarify obligations on industry so that it’s easier to hold them to account.

Action 3: Strengthen the National Waste Policy In partnership with state and territory ministers, adopt an action plan for the National Waste Policy that includes firm and ambitious targets and timelines that fast-track our transition to a circular economy.

Action 4: Regulate / ban production and importation of hard-to-recycle materials

Action 5: Standardise package labelling and certify use of recycled content Mandate adoption of the Australasian Recycling Label for all consumer packaging sold in Australia and adopt a certification system for recycled content in line with the US or European models.

Local Government

Action 1: Collaborate for market expansion


Working with the Victorian Government, investigate and support options to collaboratively procure kerbside recycling services with the aim of enhancing competition and attracting new investment in recycling in Victoria.

Action 2: Educate the community

Continue to develop and support delivery of community education that focuses on reducing waste and minimising contamination in recycling bins. Undertake regular bin audits to reduce contamination in kerbside recycling.

Action 3: Buy recycled

Wherever feasible, support market development via procurement of recycled content, both for corporate operations, services and infrastructure programs.

Action 4: Explore stream separation

Working with industry, pilot collection services that separates glass from the rest of kerbside recycling to reduce contamination of material.

Action 5: Advocate to and work with the federal and state governments to achieve the reforms outlined in the sections above.

It is these tiers of government that have the powers to create a responsible and sustainable recycling system.

11.3. NOTICE OF MOTION 2019/003 – UPDATING FLYING OF FLAGS POLICY


That Council amends its Flying of Flags Policy to allow requests to be made no less than two weeks prior to the proposed start date of flying a flag.

SECONDED COUNCILLOR PETRUSMA

CARRIED.

Rationale

Council has had its Flying of Flags Policy in place for approximately one year. During this time, feedback has been received to suggest that the current requirement to submit an application “no less than eight weeks prior to the proposed start date” is unnecessarily long for applicants and that this has caused opportunities to be missed. To date, there have been two applications which were not able to meet the current timeframe of eight weeks.

It is understood from officers that, given the low number of requests received over the past twelve months, reducing this timeframe to two weeks would not currently create an unreasonable demand on staff for assessment and response.


It is therefore proposed that the policy be amended to reduce the minimum application time to two weeks with all other conditions and requirements of the policy remaining as is.

12. URGENT SPECIAL BUSINESS

Nil.

13. MEETING CLOSE

Meeting closed at 8.25 pm.

minutes of the ordinary meeting of council held on … · 2019-03-21 · minutes of the ordinary...

Documents