minutes of the ordinary meeting of council held on … · councillors: tony bell, tony cordy,...

MINUTES

OF THE ORDINARY MEETING OF COUNCIL HELD ON

TUESDAY 20 JUNE 2017 COMMENCING AT 6.30 PM IN THE

COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE

CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 20 June 2017 of 216

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 – 16 MAY 2017 4

5. PUBLIC QUESTION TIME 5

6. PETITIONS AND JOINT LETTERS 8

7. COMMITTEE REPORTS 8

8. ASSEMBLIES OF COUNCILLORS 8

8.1. ASSEMBLIES ON 9 MAY 2017 (3.30 PM AND 5.35 PM), 16 MAY 2017, 18 MAY 2017, 23 MAY 2017 (4.00 PM AND 5.05 PM, 30 MAY 2017 (5.30 PM AND 8.15 PM) AND 6 JUNE 2017. 8

9. OFFICER REPORTS 28

9.1. A VIBRANT HEALTHY COMMUNITY (VIB) 28 NO REPORTS 28

9.2. BETTER COMMUNITY FACILITIES (BET) 29 BET 07 RESPONSE TO PETITION TO MOVE THE WESLEY HILL MARKET 29 BET 08 ROTUNDA PARK LANDSCAPE MANAGEMENT PLAN 33 BET 09 REVOCATION OF INSTRUMENT OF DELEGATION FOR TARADALE

MINERAL SPRINGS RESERVE SPECIAL COMMITTEE OF COUNCIL 37

9.3. A THRIVING LOCAL ECONOMY (ECO) 40 ECO 11 PLANNING PERMIT APPLICATION 226/2016 – DEVELOPMENT OF A

DWELLING AT 12 GRADYS ROAD, METCALFE 40 ECO 12 PLANNING PERMIT APPLICATION 001/2015 – USE AND

DEVELOPMENT OF A DWELLING AT 812 MUCKLEFORD-CASTLEMAINE ROAD MUCKLEFORD AND CONSOLIDATION OF EIGHT LOTS INTO FOUR LOTS AT 533 AND 812 MUCKLEFORD CASTLEMAINE ROAD, MUCKLEFORD 54

ECO 13 PLANNING PERMIT APPLICATION 128/2016 – USE AND DEVELOPMENT OF A DWELLING AND RESUBDIVISION OF 5 LOTS INTO 3 LOTS, 418 CASTLEMAINE-MUCKLEFORD ROAD, MUCKLEFORD 72

ECO 14 PLANNING PERMIT APPLICATION 233/2016 – USE AND DEVELOPMENT OF 3 DWELLINGS AND 3 LOT SUBDIVISION AT LOT 2 ON PS643491Q, 5 TEMPLETON STREET, MALDON 93

ECO 15 PLANNING PERMIT APPLICATION 193/2016 - USE AND DEVELOPMENT OF A DWELLING AND OUTBUILDINGS ON LOT 10 OF PS518277S, 2500 HARMONY WAY, ELPHINSTONE 121


ECO 16 PLANNING PERMIT APPLICATION 211/2016 – BUILDINGS AND WORKS TO INSTALL A TOILET BLOCK AT CA10 SECTION 11A PARISH OF FRYERS – 86 CASTLEMAINE STREET FRYERSTOWN 132

ECO 17 PLANNING PERMIT APPLICATION 231/2016 – THE USE AND DEVELOPMENT OF A DWELLING AND ANCILLARY OUTBUILDING AND VEGETATION REMOVAL ON CROWN ALLOTMENT 31, SECTION G1, PARISH OF CASTLEMAINE, 83 COLLES ROAD MOONLIGHT FLAT 139

9.4. BUILDING SUSTAINABLE COMMUNITIES (COM) 170 COM 21 ADOPTION OF THE 2017/2018 BUDGET 170 COM 22 ADOPTION OF COUNCIL PLAN 2017-2021 177 COM 23 MAYORAL AND COUNCILLOR ALLOWANCES 184 COM 24 REVIEW OF COUNCILLOR SUPPORT AND REIMBURSEMENT OF

EXPENSES POLICY 187 COM 25 AWARDING OF CONTRACT M1254-2017 FOR PROVISION OF

PROFESSIONAL CONSULTANCY SERVICES FOR THE PERIOD 1 JULY 2017 TO 30 JUNE 2019. 195

COM 26 DISPOSAL OF LAND – PART OF 42 HIGH STREET MALDON (MALDON PUBLIC TOILETS) 205

10. DELEGATES REPORTS 213

11. NOTICE OF MOTION 216

12. URGENT SPECIAL BUSINESS 216

13. MEETING CLOSE 216

SEPARATE ATTACHMENTS: Confidential Attachment BET 07A: Petition to Mayor and Councillors - Request to Move the Wesley Hill Market Due

to Illegal Parking. Separate Attachment ECO 14B: Final plans submitted with application. Separate Attachment ECO 14C: Clause 55 (Rescode) Assessment. Separate Attachment ECO 15B: Final plans submitted with application. Separate Attachment ECO 15C: Farm Plan of Application PA163-2016. Separate Attachment COM 21A: Budget 2017/2018 (to be tabled at Council Meeting). Separate Attachment COM 21B: Response to Budget Submissions 2017/2018. Separate Attachment COM 22A: Council Plan 2017-2021 (to be tabled at Council Meeting). Separate Attachment COM 22B: Response to Council Plan 2017-2021 Public Submissions. Confidential Attachment COM 25A: Tender Evaluation Report, Contract M1254-2017 for Provision of Professional

Consultancy Services for the Period 1 July 2017 to 30 June 2019.


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.

1. PRESENT

Councillors: Tony Bell, Tony Cordy, Christine Henderson, Bronwen Machin, John Nieman, Robin Taylor and Sharon Telford.

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

Community Services (Lisa Knight), Director Sustainable Development (Jason Taylor) and Executive Manager Business Performance (Bradley Thomas)

2. APOLOGIES

Nil.

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

Councillor Nieman declared an indirect conflict of interest with Item ECO 14, due to his association with the Maldon Anglican Church, which owns the adjoining property.

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 16 MAY 2017

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 6.30 pm on 16 May 2017 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 16 May 2017 be confirmed.

MOVED COUNCILLOR HENDERSON

That the recommendation be adopted.

SECONDED COUNCILLOR CORDY

CARRIED.


5. PUBLIC QUESTION TIME

MOVED COUNCILLOR MACHIN

That standing orders be suspended at 6.35 pm.

SECONDED COUNCILLOR NIEMAN

CARRIED.

a. Mr Trevor Scott.

Mr Scott congratulated Council on including divestment in its Investment Policy, but was disappointed that Council continues to utilise AGL as an electricity supplier. He asked which companies has Council divested from, when does Council plan to divest the remaining 40% and when does Council plan to remove AGL as its energy supplier. • The Executive Manager Business Performance noted that the adopted

Investment Policy did not include a requirement to divest 60% of fossil fuels. • Mr Scott provided Council with his detailed questions which would be responded

to by officers.

b. Mr Troy Anderson, representing residents surrounding Wesley Hill Market. Mr Anderson spoke about the current location of the Wesley Hill Market and requested that Council help relocate the market away from a residential area. He spoke about EPA requirements in regards to noise and handed to Council details provided by the EPA in relation to prohibited times for residential noise.

c. Mr Duncan Brown.

Mr Brown noted that he had written a letter to the Chief Executive Officer and asked for a copy to be presented to all Councillors in regards to increasing spending on roads. Mr Brown noted that the graph contained in Council’s proposed Budget was incorrect in relation to roads spending. • The Executive Manager Business Performance clarified the inclusion of the

graph in the proposed Budget, noting that it was accurate. He stated that Council considers the allocation of resources during the budget development process.

d. Ms Kate McCartney, representative of Wesley Hill Market Committee.

Ms McCartney provided an update on behalf of the Committee of the actions taken thus far to improve residents’ concerns around the market. She advised that Traffic Group, a Melbourne based consultancy firm, have been engaged to provide an analysis of the traffic and parking concerns. Ms McCartney advised that the Committee thanks Council officers for the support provided to make it an improved community market. She confirmed that the new market hours will begin from 1 July 2017, being from 9.00 am to 2.00 pm, with no stall holders allowed on site prior to 7.00 am.


e. Mr Murray Blaskett, objector to Item ECO 11 in the Agenda.

Mr Blaskett noted that 90% of dwellings in the area are on land of at least one acre. He noted that he built a house approximately two and half years ago and was aware of the process to gain approval to build. Mr Blaskett advised at that time, his consultant informed him that planning permit approval on the site next door was unlikely, due to its size and drainage issues. He stated that he was concerned about the health of trees and tree protection zones on the proposed development. • The Director Sustainable Development responded that the tree protection zone

would apply during the construction period but not after.

f. Andrew Chapman, applicant for Item ECO 13 in the Agenda

Mr Chapman advised that he had been a farmer in Muckleford for 38 years and spoke in support of the proposed development.

g. Sue Luke, on behalf of David Robb, the consultant planner for Item ECO 13 in the Agenda.

Ms Luke provided three copies of the Farm Management Plan. She spoke in relation to the current land conditions which are medium, noting that the Council report stated the conditions as being low. Ms Luke advised that she believed that the Council report is selective in providing background information and does not make note of the Farm Management Plans prepared and provided to Council officers. • Councillor Henderson requested that the Director Sustainable Development

provide clarification of what additional status a Farm Management Plan would have, if Council added a section 173 agreement requirement.

MOVED COUNCILLOR NIEMAN

That Public Question Time be extended by 20 minutes from 7.05 pm.


CARRIED.

Councillor Nieman left the Council Chamber at 7.06 pm, due to a declared indirect conflict of interest with Item ECO 14 in the Agenda.

h. Ms Jan Warracke, resident of Maldon and an objector to Item ECO 14 in the Agenda.

Ms Warracke spoke about the importance of Maldon’s heritage and that she believed the approval of Item ECO 14 would have a negative impact. She noted that no impact assessment had been undertaken, as such, it is unclear what the impact might be. Ms Warracke advised that she believes the application is out of context for the area, and noted that current heritage advice provided was in contradiction to advice previously received.


i. Ms Millicent Lang, resident of Maldon and an objector to Item ECO 14 in the Agenda.

Ms Lang spoke strongly against the proposed development and noted that the application was inappropriate as that level of density was alarming. Ms Lang advised that she was concerned that, if approved, other inappropriate developments will be planned.

Councillor Nieman returned to the Council Chamber at 7.12 pm.

j. Mr John Karena, applicant of Item ECO 15 in the Agenda

Mr Karena advised that one of the grounds of refusal was due to his ownership of a dwelling on the lot, but he noted that this is a different lot. Mr Karena stated that the property next door (across Finnings Road) with a similar development was approved by Council. He noted that a number of similar properties nearby had planning approval from Council.

k. Mr Chris Hosking

Mr Hosking noted that he was not able to object to Item ECO 16 in the Agenda.

l. Mr George Ryan, solicitor of applicant to Item ECO 16 in the Agenda.

Mr Ryan noted that the Council report did not include adequate information to make a full decision. Mr Ryan stated that he believed that Clause 62 of the Mount Alexander Shire Planning Scheme exempted the need of a planning permit, due to the development being a public toilet. As such he did not believe a permit was required. Mr Ryan also noted that the toilet is a temporary structure. He then detailed why he believed that the Trustee could prove ownership of the land and therefore that a permit could be approved.


That Public Question Time be extended by five minutes from 7.25 pm.

SECONDED COUNCILLOR BELL

CARRIED.

m. Mr Alex Wingfield, consultant planner for the applicant of Item ECO 17 in the Agenda

Mr Wingfield advised that he was pleased that the Council report notes that Council is able to consider the matter, and spoke to an e-mail previously sent to Councillors, that detailed responses to any concerns noted in the Council report.

MOVED COUNCILLOR TAYLOR

That standing orders be resumed at 7.27 pm.


CARRIED.


6. PETITIONS AND JOINT LETTERS

Nil.

7. COMMITTEE REPORTS

Nil.

8. ASSEMBLIES OF COUNCILLORS

8.1. ASSEMBLIES ON 9 MAY 2017 (3.30 PM AND 5.35 PM), 16 MAY 2017, 18 MAY 2017, 23 MAY 2017 (4.00 PM AND 5.05 PM, 30 MAY 2017 (5.30 PM AND 8.15 PM) AND 6 JUNE 2017.

RECOMMENDATION

That the Records for the Assemblies of Councillors on 9 May 2017 (3.30 pm and 5.35 pm), 16 May 2017, 18 May 2017, 23 May 2017 (4.00 pm and 5.05 pm, 30 May 2017 (5.30 pm and 8.15 pm) and 6 June 2017 be entered into the record of this meeting (Attachments 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8 and 8.9).



SECONDED COUNCILLOR MACHIN

CARRIED.


9. OFFICER REPORTS

9.1. A VIBRANT HEALTHY COMMUNITY (VIB)

NO REPORTS


9.2. BETTER COMMUNITY FACILITIES (BET)

BET 07 RESPONSE TO PETITION TO MOVE THE WESLEY HILL MARKET

Responsible Director: Director Sustainable Development Responsible Officer: Manager Development Services Original Document: DOC/17/21150

Executive Summary

At its Ordinary meeting on 16 May 2017, Council received a petition containing 28 signatures from residents to relocate the Wesley Hill Market.

The petition highlights a range of issues the residents have with the market, namely early morning noise, parking, excessive traffic, rubbish being left behind or placed in residents’ bins.

Council officers have been liaising with the market organisers and residents to address the concerns that have been raised.

RECOMMENDATION

That Council respond to the first signatory on the petition advising it does not support relocation of the Wesley Hill Market from the current site, at this time, and will continue to work with all parties to reach a mutually acceptable resolution to the issues raised by residents.


That Council:

1. Respond to the first signatory on the petition advising it does not support relocation of the Wesley Hill Market from the current site, at this time, and will continue to work with all parties to reach a mutually acceptable resolution to the issues raised by residents; and

2. Receive a report on the outcome of the traffic management study and other actions by the end of 2017

SECONDED COUNCILLOR TAYLOR

CARRIED.


Context

Residents in the vicinity of the Wesley Hill Market have raised concerns about the location and operation of the market. Their concerns relate to noise, particularly early in the morning when stallholders are setting up, excessive traffic, parking across driveways and on road reserves and litter being left on the site or in residents’ rubbish bins.

The market is operated by the Wesley Hill Hall Committee of Management.

The site on which the market is held contains three parcels of land:

1. 149 Duke Street, site of the Wesley Hill Hall, owned by the Department of Environment Land Water and Planning (DELWP), managed by Wesley Hill Hall Committee of Management

2. 22 Van Heurck Street, owned by DELWP, managed by Council. 3. 20 Van Heurck Street, owned by Council

Refer to:

Confidential Attachment BET 17A: Petition to Mayor and Councillors - Request to Move the Wesley Hill Market Due to Illegal Parking


Policy and Statutory Implications

Local Law No 1 of 2008 sets out how petitions are received by and responded by Council as follows:

1. Petitions and Joint Letters

(1) A petition or joint letter presented to the Council may lie on the table until the next ordinary meeting of the Council. No motion other than to receive the petition or joint letter may be accepted by the Chairperson at the meeting at which it is presented.

(2) The Council must receive a report on any petitions or joint letters at the next ordinary meeting of the Council or another meeting to be determined by the Council.

(3) A copy of the text of the petition or joint letter must be included on the agenda for the next ordinary or available meeting (as the case may be).

(4) A petition or joint letter may nominate a person to whom a reply may be sent, but if no person is nominated the Council may reply to the first or any person whose signature appears on the petition.

(5) Every petition or joint letter must be signed by the persons whose names are appended to it by their names or marks and, except in cases of incapacity or sickness, by no one else, and the address of every petitioner or signatory must be clearly stated.

Issues

Council officers have been in discussions with the residents and the Committee of Management to work through the resident’s concerns. Parking patrols have been ongoing over recent months.

On 12 April, the committee of management met with officers and the following actions were agreed upon:

• Committee to letterbox drop the local residents to let them know that they are aware parking is an issue and to assure them the committee is investigating options to help alleviate the traffic issues surrounding the market. The letter would include contact details for the market organisers.

• Committee to engage a traffic management company to undertake a traffic study and produce a traffic management plan that includes disabled parking bays

• Council to request a police presence at the market to help reduce the number of market visitors who park in residential driveways.

• Council to ensure that all parking signage is correct.

A further meeting was held with committee members on 15 May. Officers were informed that residents have been doorknocked to get additional information. The committee informed council they had made changes to the commencement time of the market and no one was permitted on the site before 7am. The committee has demonstrated to Council its willingness to respond to the residents’ concerns in a genuine manner.

At the Ordinary Meeting of Council on 16 May 2017 the committee advised Council of its intention to alter market time from 7am to 1pm to 9am to 2pm.


Council officers will await the completion of the traffic study in the coming months and then facilitate further discussions between the committee and the residents to agree on the most appropriate way to manage the concerns around parking and traffic movement.

Given the willingness of the committee to engage with Council and residents there is an opportunity for all parties to work together to find an acceptable outcome, at this stage.

Alternate Options

Council manages a considerable amount of the land on which the market is held. Council could withdraw permission for the market to be held on that land. This action would have a significant impact on the market, constraining it to a small parcel of land around the hall.

Council could actively work with the committee to find an alternative site for the market.

Neither of these two options is recommended.

Financial and Resource Implications

Officers have been involved in several meetings and discussions with residents and the market organisers. These meetings will continue until a resolution is achieved.

Some changes to parking signage may be identified in the traffic study; these costs will be within the operational budget.

The traffic study is being paid for by the market organisers.

Consultation

Officers have met with the market organisers and residents on several occasions.

Council’s Events Coordinator, Infrastructure Team Leader and Coordinator Civic Compliance have all been involved in these meetings.


BET 08 ROTUNDA PARK LANDSCAPE MANAGEMENT PLAN

Responsible Director: Director Sustainable Development Responsible Officer: Coordinator Parks and Gardens Original Document: DOC/17/20595

Executive Summary

The Rotunda Park Landscape Management Plan (LMP) describes key opportunities for the management and improvement of Rotunda Park, Newstead with actions prioritised to facilitate implementation.

The LMP has been refined in response to feedback from the Newstead community and Council officers. Community consultation has provided a solid understanding of the characteristics and significance of the park. The LMP seeks to further develop and enhance a space that is valued by park users and the local community.

As a first action, the development of a Cultural Heritage Management Plan is currently in progress. This document is to be referred to in conjunction with the LMP.

The LMP together with the Cultural Heritage Management Plan will assist Council to make sound, consistent decisions about the park’s management and to meet the expectations of the local community and visitors.

It is envisaged that the Newstead community will lead the implementation of the LMP. As such it is recommended than Council note the document rather than endorse it. The LMP can be used by the Newstead community as an input into any future refresh of the Newstead Community Plan.

RECOMMENDATION

That Council note the development of the Rotunda Park Landscape Management Plan and its potential to be used as an input into any refresh of the Newstead Community Plan.




CARRIED.


Context

The purpose of this report is for Councillors to note the development of a LMP for Rotunda Park, Newstead.

Refer to:

Separate Attachment BET 08A: Rotunda Park Landscape Management Plan, Pollen Studio/Coordinator Parks and Gardens, March 2017.

Development of the LMP is identified as an action in Council’s 2015/16 Annual Plan.

Rotunda Park is located on the Pyrenees Highway on the corner of Clyde Street, Newstead. The site became a park in the late 1800s and a rotunda was erected. In 1986, local support preserved the land for use as a park. The rotunda was rebuilt in 1987. It subsequently fell into disrepair, and to maintain public safety, it was removed in 2015.

The park includes areas of environmental value and an existing open area used for community events and informal passive recreation. An abandoned pine plantation located at the park’s western end has largely been removed for fire prevention since completion of the LMP.

The LMP identified realistic, complementary new elements, designed to improve park use and access. The LMP provides Council and the community with guidance for the ongoing management, maintenance and development of Rotunda Park into the future.

Councillors were briefed on the LMP on 11 April 2017.


Relevant policies, strategies and plans

The development of a LMP for Rotunda Park is identified as an action in Council’s 2015/16 Annual Plan.

The LMP is in line with the following goals of the Council Plan 2013-2017:

• Better Community Facilities - ‘Improve and maintain parks and gardens across the Shire’

• Building Sustainable Communities – ‘Collaborate with the community to protect and celebrate our natural and built environment’

The document also supports good customer service by identifying and communicating future directions for the improvement of Rotunda Park.

Issues

Future site management and ongoing park improvements are focused on increasing park accessibility and usability by members of the community. Park improvements have also been developed considering how the park can once again be a key site for local community events.

To improve park access and encourage community use, it is proposed to construct a circuit path. This gravel path will connect key park areas, facilitate maintenance and assist to reactivate the park as a destination and meeting place for residents and visitors.


It is proposed to establish a ‘village green’ as a space for community events. The existing open grass area will be improved by decommissioning the unnecessary vehicle track that cuts through the centre of the open space area, restricting vehicle access to designated areas. The LMP recommends that this space remain open and unencumbered to maximise the opportunity for future community events and activities.

Vehicle access will be restricted to the existing internal track on the park’s east side. The track will be upgraded to provide access to a designated car parking area, upgraded public toilet and BBQ area.

Rotunda

The rotunda that was removed in 2015 was an ever-present theme throughout the consultation process for this project. Three clear options emerged from community responses and discussions:

1. Rebuild a replica of the previous rotunda 2. Replace the rotunda with an accessible off-the-shelf rotunda 3. Develop a soundshell / performance space tailored to current and future

community events.

It is expected that the cost of each option will vary significantly. The LMP identifies the site of the former rotunda as a potential location for one of the above options. Further consideration is required to develop a viable budget and appropriate direction for the future structure.

Action / Implementation Plan

The LMP includes an action/implementation plan that identifies and prioritises actions to implement the landscape plan taking into consideration available resources.

Due to the close proximity of the Mia Mia Creek, development of a Cultural Heritage Management Plan (CHMP) was required prior to any major works. Development of a CHMP is currently in progress.

Other recommendations identified as high priority include:

• Toilet upgrade - Upgrade appearance of existing toilet in its current location and; Consider solar upgrade to existing toilet block.

• Village green - Decommission central, diagonal track and improve turf quality • Fencing removal - Remove fencing from north and south park boundaries • Standard park fencing - Install bollards along upgraded southern boundary vehicle

track and car park


A budget of $20,000 has been allocated in 2016/17 to commence implementation of the LMP recommendations. The preparation of a Cultural Heritage Management Plan is a high priority and a consultant has been commissioned to prepare one this financial year.

Implementation of the LMP could be supported by future Council budgets.

A number of the recommendations can be completed by the Parks and Gardens Unit as part of routine maintenance and park development activities. The costs associated with many of the improvement works are low and they can be considered for funding from the Parks and Gardens Unit operational budget over coming years.


Funding for major infrastructure works could be sourced as part of future budget submissions and/or by way of applications for grant funding by Council or the Newstead community.

Consultation

During the development of the LMP, three methods of consultation were used to gather community perspectives on the heritage and other community values of the park, its use, issues and opportunities for future management:

1. Community members were invited to attend a listening post on Saturday 13 February 2016 from 9.30-11.30am in the Dig Café, Newstead. Approximately 30 people attended. The session provided an opportunity for the consultant and Council officers to gather community knowledge and information about the park in a relaxed atmosphere.

2. An online survey was conducted over a seven week period between 1 February and 18 March 2016. The survey was promoted in the local newsletter (The Echo) and through a media release inviting community members to have their say on what they value about Rotunda Park. The survey was linked to the ‘Have Your Say’ page of Council’s website and promotional posters were put up in Dig Café and the Rural Transaction Centre. There were a total of 72 responses to the survey, with the majority from residents of Newstead.

3. A two hour walk-shop (walking workshop) during the draft plan stage was held on Saturday 4 June 2016 from 10am. Approximately 20 local residents attended. The on-site consultation provided an opportunity for attendees to fully understand the impact of any proposed changes and opportunities identified in the draft plan and provide feedback.

The draft plan was promoted through a media release and comments received between 23 May and 3 June. Three submissions were received.

Internal consultation

Internal consultation was undertaken with the Manager Development Services, Manager Infrastructure, Manager Healthy Environments and the Coordinator Capital Works.


BET 09 REVOCATION OF INSTRUMENT OF DELEGATION FOR TARADALE MINERAL SPRINGS RESERVE SPECIAL COMMITTEE OF COUNCIL

Responsible Director: Director Sustainable Development Responsible Officer: Manager Community Places and Spaces Original Document: DOC/17/2723

Executive Summary

The Taradale Mineral Springs Reserve Special Committee of Council was formed in 2001 to assist Council in the planning and management of Taradale Mineral Springs Reserve. Over time Council has increasingly taken responsibility for the management and development of the reserve. Over the last two years, key improvements identified in the reserve master plan have been undertaken by Council with the support of State Government funding, seeing the fulfilment of many of the aspirations of the committee for the reserve. In response to these factors the committee has indicated a desire to be dissolved. The committee recognise that it is not necessary to maintain an active management role.

Through consultation with the committee the Taradale Community Forum has been identified as a key contact to provide local community input for future reserve planning matters.

RECOMMENDATION

That Council:

1. Revokes the Instrument of Delegation for Taradale Mineral Springs Reserve Special Committee of Council.

2. Writes to the former members of the Taradale Mineral Springs Reserve Special Committee thanking them for their contribution.




CARRIED.


Context

The Taradale Mineral Springs Reserve Special Committee of Council is constituted as a Section 86 Committee of Council (pursuant to the Local Government Act 1989 - Section 86 (3) and the Interpretation of Legislation Act 1984 - Section 41A). Its powers and administration are governed by an Instrument of Delegation from Council under Section 86 of the Local Government Act (1989). Implicit within Sections 86 and 41 of the respective Acts is that the power to make an Instrument of Delegation includes the power to revoke or amend that Instrument of Delegation.

The committee was initially formed in order to control and manage the Taradale Mineral Springs Reserve and to act as a policy development, planning, promotion and co-ordinating body for the Council owned and Crown land property identified as the reserve.

Over time Council has taken responsibility for the management and development of the reserve. This has led to a reduction in the committee’s involvement and requirement to manage the reserve.

The committee has indicated a desire to be dissolved, as it no longer has an active role. Revocation by Council of the Instrument of Delegation for the Taradale Mineral Springs Reserve Special Committee of Council is consistent with Council officer’s recommendations and the committee’s wishes. Council is currently undertaking responsibilities for the management and planning for the reserve. Officer time to continue these responsibilities can be contained within current resourcing allocations.

Issues

The recently updated Taradale Mineral Springs Reserve Master Plan highlighted the installation of a new playground and installation of perimeter bollards to prevent unauthorised vehicles accessing the reserve. These items were the remaining key objectives of the committee and both have been completed through State and Council funding. Council is in the process of finalising some additional minor works to complete the master plan including upgrading signage within the reserve, a potential art installation and signage highlighting the walking tracks associated with the reserve.

Council officers and the resigning committee have commenced the handover process with the cleaning, reserve maintenance and booking arrangements already being managed by Council’s Active Communities, Parks and Gardens and Works Departments.

Alternate Options

Council could decide not to proceed with the revocation of the Taradale Mineral Springs Reserve Special Committee of Council. This is likely to result in the committee not fulfilling its obligations under the Act. Further the reserve may not be adequately managed resulting in a poor outcome for the community and reputational risk to Council.


Council does not make a contribution to this committee. Council is already managing the reserve and associated costs. The remaining funds in the committee’s bank account (stated to be $1,033.80 in a letter submitted by the committee dated 17 May 2017) will be returned to Council and allocated to outstanding works identified in the reserve master plan. Council is in a position to assume the responsibilities of management, maintenance and ongoing planning for the reserve within current resource allocations.


Consultation

Council officers have consulted with the committee throughout this process. Future planning for the reserve will incorporate consultation with the Taradale community using appropriate methods, including reference to the Taradale Community Plan and liaison with the Taradale Community Forum.


9.3. A THRIVING LOCAL ECONOMY (ECO)

ECO 11 PLANNING PERMIT APPLICATION 226/2016 – DEVELOPMENT OF A DWELLING AT 12 GRADYS ROAD, METCALFE


Executive Summary

Council has received an application for the development of a dwelling at 12 Gradys Road, Metcalfe. The site is located within the Township Zone, and covered by the Environmental Significance Overlay- Schedule 1. This overlay and schedule relate to the protection of water quality in the Eppalock Catchment. The planning permit trigger is contained in this overlay.

The application was advertised and one objection was received. Conditions relating to tree protection are proposed in response to the objection.

The application has been assessed under the provisions of the Environmental Significance Overlay- Schedule 1. The proposal achieves the outcomes and objectives of this overlay.

It is recommended that Council issue a Notice of Decision to grant a planning permit subject to conditions.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a planning permit for the development of a dwelling at crown allotment 11, Section A, township of Metcalfe, 12 Gradys Road, Metcalfe subject to the following conditions:

1. LAYOUT NOT ALTERED The development as shown on the endorsed plans must not be altered without the further written consent of the Responsible Authority.

2. ENGINEERING PLANS 2.1. Prior to commencement of any construction works associated with the

development, detailed access and 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. All works constructed or carried out must be in accordance with those endorsed plans.

3. DRAINAGE WORKS 3.1. 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.

3.2. Storm Water must not be discharged from the subject land other than by means of an underground pipe drain to council nominated point of discharge. The drainage system within the subject land must be designed to the requirements and satisfaction of the council.


4. INTERNAL DRIVEWAY AND VEHICLE CROSS OVER 4.1. The internal driveway access shall be constructed to appropriate

engineering standards approved by council along with appropriate cut off table drains and cross culverts.

5. VEHICLE CROSSING 5.1. Proposed Vehicle crossovers are to be constructed/upgraded to the

levels/requirements of Council. No impeding or redirection of existing surface flows is allowed to occur as a result of these works. Where two crossovers are in close proximity, pipes are to be extended through to create one wide crossover servicing both properties.

6. REMOVAL OR TRIMMING OF ROAD RESERVE TREES 6.1. If the applicant / Property owner require removing or trimming of trees in the

road reserve as part of the development or as part of future works, all the cost of such removal must be borne by the applicant / Property owner. Applicant / Property owner must obtain consent and necessary work permits from the council for such future tree trimmings/ removals prior to commencement of the works.

7. SEDIMENT POLLUTION CONTROL 7.1. The developer must restrict sediment discharges from any construction

sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991)

8. WORKS WITHIN ROAD RESERVE 8.1. Prior to the commencement of any works on the road reserve the

owner/applicant must submit a Minor Works in a Road Reserve application and obtain a permit to occupy the road for works.

9. CONSTRUCTION OF A DWELLING 9.1. A certificate of occupancy must only be issued once all the requirements of

this permit have been completed to the satisfaction of the relevant authority.

10. TREE PROTECTION DURING CONSTRUCTION 10.1. Before the development starts, a tree protection fence must be erected

around all the four existing trees to include the existing drip line of each of the trees to define a "Tree Protection Zone". The fence must be constructed of star pickets and chain mesh or similar to the satisfaction of the responsible authority. The tree protection fence must remain in place until construction is completed. The ground surface of the Tree Protection Zone must be covered by a 100mm deep layer of mulch before the development starts and be watered regularly to the satisfaction of the responsible authority.

11. REGULATION OF ACTIVITIES IN TREE PROTECTION ZONE 11.1. No vehicular or pedestrian access, trenching or soil excavation is to occur

within the tree protection zone without the written consent of the responsible authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.


12. ENVIRONMENTAL HEALTH CONDITIONS 12.1. 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. Irrigation must be via subsurface irrigation.

12.2. 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.

12.3. The applicant shall be required to comply with the recommendations and strategies contained in the Land Capability Assessment prepared by Andrew Redman of Provincial Geotechnical Pty Ltd dated 21 February 2017.

12.4. 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

13. GOULBURN MURRAY WATER 13.1. All construction and ongoing activities must be in accordance with sediment

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

13.2. All wastewater from the proposed 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 be an EPA approved system, installed, operated and maintained in accordance with the relevant EPA Code of Practice and Certificate of Approval, and to the satisfaction of Council’s Environmental Health Department.

13.3. The wastewater management system must be appropriately designed to manage the potential volume of wastewater generated under full occupancy (based on a minimum 2 bedrooms), including an appropriately sized disposal area based on a full water balance specific to the proposal and subject land in accordance with the requirements of Council’s Environmental Health Officer.

13.4. 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.

13.5. 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.

13.6. The outbuilding 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.

14. PERMIT EXPIRY 14.1. 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.

14.2. The responsible authority may extend these periods if a request is made in writing before the permit expires, or: a) Within six months afterwards if the development has not been started.


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




CARRIED.


Context

The purpose of this report is to enable Council to make a determination on an application for a dwelling at Crown allotment 11, Section A, 12 Gradys Road, Metcalfe. The application has been referred to Council for a decision because there is one outstanding objection.

Refer to:

Attachment ECO 11A: Context and site aerial Attachment ECO 11B: Final plans submitted with application

The application was lodged on the 4 October, 2016 and proposes to construct a dwelling on the land. The land is located within the Township Zone and is covered by the Environmental Significance Overlay- Schedule 1. The trigger for the planning permit is the Environmental Significance Overlay as the land is not connected to reticulated sewerage.

The subject site is rectangular in shape having a 30.1 metre frontage to Gradys Road and 80.4 metre lengths along the two side (east and west) boundaries having a total area of 2448.5 square metres. The land slopes upwards from the Gradys Road frontage to the south boundary, a rise of six metres along this 80.4 metre length. The subject site is undeveloped and contains four existing mature trees within the site. Adjoining land to the east and south of the subject site is developed with single dwellings on a mixture of lot sizes, all contained within the township of Metcalfe.

Access to the site is via Gradys Road, a Council maintained all-weather road. Gradys Road contains established vegetation on both sides of the roadway.

The proposal dwelling (16.2 metres x 13.8 metres) would be single storey, have three bedrooms and north orientated living areas. Materials and finishes include a mixture of colourbond and timber shiplap cladding for the walls and a colourbond roof. The dwelling is a modern design with a skillion roof form having wall heights of 2.7 metres to a maximum building height of 4.6 metres.

The dwelling is proposed to be located with a 42 metre setback from the Gradys Road frontage, a 12 metre setback from the eastern boundary, 1.8 metres from the western boundary and 24.4 metres from the southern boundary. An open sided car port 6 metres x 5.5 metres is proposed adjacent to the dwelling on the eastern elevation, 3.3 metres from the eastern boundary. None of the existing trees are required to be removed to accommodate the proposed dwelling.


State Planning Policy Framework (SPPF)

Clause 11.02-1 Supply of urban land

The objective of this clause is to ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

Clause 11.10-3 Planning for growth

The objective of this clause is to focus growth and development to maximise the strengths of existing settlements.


Clause 11.05 Regional Development

The objective of this clause is to promote the sustainable growth and development of regional Victoria through a network of settlements identified in the Regional Victoria Settlement Framework plan.

Clause 14.02-2 Water quality

The objective of this clause is to protect water quality. Strategies include ensuring land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and groundwater resources, rivers, streams, wetlands, estuaries and marine environments

Clause 15.01-1 Urban design

The objective of this clause is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Clause 18.02-4 Management of the road system

The objective of this clause is to manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing infrastructure.

Local Planning Policy Framework (LPPF)

Clause 21.02 Municipal Vision and Framework Plan

The land use planning and development vision for Mount Alexander Shire will be achieved by increasing housing choice and consolidation of urban growth to maximise infrastructure and reduce environmental impacts. Under the heading of Township role and identity at Clause 21.02-3, Metcalfe is classed as a small rural community, providing an attractive setting for low density residential uses.

Clause 21.06- Water

The objective of this clause seeks to protect water quality within the declared potable water supply catchment areas. A strategy to achieve this objective includes ensuring residential developments take in account effluent disposal limitations and achieve compliance with policies to manage on-site wastewater disposal.

Zoning

The land is located within the Township Zone which includes in its objectives:

• To provide for residential development and a range of commercial, industrial and other uses in small towns.

Clause 32.05-2 applies to the use of land for a dwelling. A lot may be used for a dwelling provided the following requirements are met:

• The dwelling must be connected to a reticulated sewerage system or if not available, all waste water from the dwelling must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.

• The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage capacity to the satisfaction of the Responsible Authority


• The dwelling must be connected to a reticulated electricity supply or have an alternative energy source to the satisfaction of the Responsible Authority

The dwelling would be able to comply with these requirements.

Overlays

Environmental Significance Overlay

Clause 42.01 Environmental Significance Overlay

The environmental objective is to ensure the protection and maintenance of water quality and water yield within the Eppalock Water Supply Catchment Area as listed under Section 5 of the Catchment and Land Protection Act 1994.

Under Clause 42.01-2 (ESO) a permit is required to construct a building or construct or carry out works. A permit is required to remove/lop any vegetation

The dwelling has been sited to avoid the existing trees located on the site.

Issues

The trigger for a planning permit in this instance is the Environmental Significance Overlay.

The subject site is within Lake Eppalock Catchment Area. The comments of the relevant water authority must be considered when deciding upon an application to use and develop land in a water supply catchment area.

The proposal included a detailed land capability assessment which has been reviewed by both Council’s Environmental Health Officer and Goulburn−Murray Water and both are satisfied that the development at this location can achieve compliance with the code of practice.

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, one objection was received and not withdrawn. Issues raised by the objector are discussed below:

The applicant does not own the property

Anyone can lodge planning applications on behalf of the owner so long as the owner has given consent. The ‘application for planning permit’ form submitted with the application has included this declaration as required by the Planning and Environment Act.

There was no land capability assessment submitted with the application

A land capability assessment (LCA) was submitted with the application as a further information request. The LCA was referred to Goulburn Murray Water (GMW) and Council’s Environmental Health Officer, and both are satisfied that the development can achieve compliance with the EPA Code of Practice.

The proposal will impact on the large tree on the south side of the property

The site contains four existing trees, including the larger tree located close to the southern boundary. The proposed development of a dwelling does not include removal of any of these trees and the dwelling and car port has been purposely sited to retain the


existing trees on this site. A condition addressing tree protection will be included on any permit issued.

Our amenity and view will be impacted by a new dwelling

The trigger for the planning permit for this site is the Environmental Significance Overlay – Schedule 1 which relates to water quality in the defined catchment. The relevant Water Authority, GMW and Council’s Environmental Health Officer have not raised any issues in regard to water quality and both are satisfied that the proposed development can achieve compliance with the Code of Practice. Both view and amenity are not relevant considerations with this application. It is noted that the land is zoned for residential development and the dwelling has been sited having a 12 metre setback from the southern boundary, is single storey and has been located to retain the existing vegetation on the land.

Alternative Options

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


Cost of potential appeal to the Victorian Civil and Administrative Tribunal.

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.

One objection was received and not withdrawn.

External Referrals

Goulburn Murray Water provided conditional consent to the proposal.

Internal Referrals

Council’s Infrastructure Unit and Environmental Health Officer had no objection to the proposal subject to conditions.


ECO 12 PLANNING PERMIT APPLICATION 001/2015 – USE AND

DEVELOPMENT OF A DWELLING AT 812 MUCKLEFORD-CASTLEMAINE ROAD MUCKLEFORD AND CONSOLIDATION OF EIGHT LOTS INTO FOUR LOTS AT 533 AND 812 MUCKLEFORD CASTLEMAINE ROAD, MUCKLEFORD


Executive Summary

Council has received an application for the consolidation of eight titles into four lots and the use and development of a dwelling on one lot. One objection to the application has been received from VicTrack regarding access to one of the lots.

The subject site is located in the Farming Zone and is covered by the Environmental Significance Overlay Schedule 5 (ESO5), Erosion Management Overlay (EMO), Land Subject to Inundation Overlay (LSIO), Significant Landscape Overlay Schedule 1 (SLO1) and Heritage Overlay (HO981).

The purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture.

This proposal, as submitted does not achieve the desired outcomes for the protection and enhancement of agricultural land, limiting and fragmenting the agricultural use of the land for both use and development of dwelling and the re-subdivision of land. In addition, the reconfigured lots as submitted create access issues which have not been resolved and will be problematic in the future if approved. The re-subdivision risks the future use and development of this land being inconsistent with the purpose and objectives of the planning scheme.

The application has not demonstrated that the proposal is needed to support or enhance farming activity. Farming activity is already undertaken on the land without a dwelling or lot consolidation.

The application has been assessed against the provisions of the planning scheme and does not meet the requirements. The state and local provisions of the planning scheme place a strong emphasis on protecting agricultural land zoned farming for on-going agricultural use, and avoiding dwellings adversely affecting agricultural uses.

It is recommended that this application be refused.

RECOMMENDATION

That Council issue a Notice of Decision to Refuse a Planning Permit for the use and development of a dwelling at 812 Muckleford-Castlemaine Road Muckleford and consolidation of eight lots into four lots at 533 and 812 Muckleford Castlemaine Road, Muckleford on the following grounds:

The proposal is contrary to State Planning Policy Framework and Local Planning 1.Policy Framework, more specifically, Clause 14.01-1 – Protection of Agricultural Land, Clause 16.02-1 – Rural Residential Development, 21.04-4 – Rural Living & Clause 22.22 – Excisions, Construction of Housing and Re-Subdivision of Land;


The proposal is contrary to the purpose and decision guidelines of the Farming Zone; 2.

The proposal would not retain productive agricultural land; and 3.

The proposal would not support and enhance agricultural production. 4.


That Council, having considered all the matters required under Section 60 of the Planning & Environment Act 1987, in the absence of appeal at VCAT for failure to determine appeal, would have issued a Notice of Decision to Refuse a planning permit in respect of the land known and described as 812 Muckleford-Castlemaine Road Muckleford and re-subdivision of eight lots into four lots at 533 and 812 Muckleford Castlemaine Road, Muckleford on the following grounds:

1. The proposed use and development of a dwelling at 812 Muckleford-Castlemaine Road Muckleford and re-subdivision of four lots at 533 and 812 Muckleford-Castlemaine Road, Muckleford is contrary to State Planning Policy Framework and Local Planning Policy Framework, more specifically, Clause 14.01-1 – Protection of Agricultural Land, Clause 16.02-1 – Rural Residential Development, 21.04-4 – Rural Living & Clause 22.22 – Excisions, Construction of Housing and Re-Subdivision of Land.

2. The use and development of a dwelling at 812 Muckleford-Castlemaine Road Muckleford and re-subdivision of land into four lots at 533 and 812 Muckleford-Castlemaine Road, Muckleford is contrary to the purpose and decision guidelines of the Farming Zone.

3. The use and development of a dwelling at 812 Muckleford-Castlemaine Road Muckleford and re-subdivision of land into four lots at 533 and 812 Muckleford-Castlemaine Road, Muckleford is would not retain productive agricultural land.

4. The use and development of a dwelling at 812 Muckleford-Castlemaine Road Muckleford and re-subdivision of land into four lots at 533 and 812 Muckleford-Castlemaine Road, Muckleford is on each proposed lot would not support and enhance agricultural production.


CARRIED.


Context

The purpose of this report is to enable Council to make a determination on Planning Application 001/2015 for the use and development of a dwelling at 812 Muckleford-Castlemaine Road Muckleford and consolidation of eight lots into four lots at 533 and 812 Muckleford-Castlemaine Road, Muckleford.

The application has been referred to Council for determination because officers are recommending refusal.

Refer to:

Attachment ECO 12A: PA001/2015 - Context and site aerial Attachment ECO 12B: PA001/2015 - Final plans submitted with application

The proposal seeks approval for consolidation of eight allotments into four lots and the use and development of a dwelling on one lot.

There are two parts to the proposal:

Use and development of a dwelling at 812 Muckleford-Castlemaine Road Muckleford

The proposed dwelling is located on the site north of the Muckleford- Castlemaine Road which is the western section of Crown Allotment 12, Section 64, Parish of Muckleford. This site is a part of 812 Muckleford-Castlemaine Road, Muckleford. This is an irregular rectangular shaped site with a frontage to Muckleford-Castlemaine Road of 392.28 metres and a depth of 423.4 metres with a total area of approximately 20.99 hectares. The property boundary on the north is formed by Chinaman’s Creek.

The proposed dwelling would be constructed on a flat section of the site approximately 165 metres from the road frontage and 30 metres from the eastern site boundary. The dwelling will be elevated on concrete stumps with four bedrooms, two bathrooms and kitchen/dining/lounge area. A full wraparound veranda will border the dwelling. The septic effluent field is proposed directly south of the dwelling approximately 5 metres from the proposed dwelling. This field is approximately 270 metres south from Chinaman’s Creek to the north.

This site is proposed to be consolidated with 20.18 hectares comprised of Crown allotments 13A and 13. This section is approximately 500 metres east from the above site and on the southern side of Muckleford-Castlemaine Road. The consolidation of these sites creates a larger site of 41.17 hectares.

Consolidation of four lots at 533 and 812 Muckleford-Castlemaine Road, Muckleford

The applicant proposes to consolidate the eight existing allotments comprising Crown allotments 12 (part) Section 6A, 13, 13A, 14, 14A, 14B, 14C, 14D and 14E Section 9 Parish of Muckleford. These existing Crown allotments range in size from 15.38 hectares (crown allotment 13) to 0.63 hectares (crown allotment 14A). These crown allotments are within the titles of 812 and 533 Muckleford-Castlemaine Road, Muckleford.

Proposed Lot 1

This proposed lot is 15.38 hectares in size and located on the southern side of Muckleford-Castlemaine Road. This site includes the existing dwelling and associated outbuildings. Existing access to this lot is via the north to south government road west of the site. This lot is consolidated from Crown allotments 14, 14B and former 14A (now Lot 1 TP 157164D Vol 06759 Fol 675).


Proposed Lot 2

This lot is proposed to contain two parts which is separated by 500 metres and bisected by Muckleford-Castlemaine Road. The first part will contain the proposed dwelling and is from the Crown allotment 12 (part). This site is located north of Muckleford-Castlemaine Road and consists of 20.99 hectares. The other part of this proposed lot is located 500 metres east along Muckleford-Castlemaine Road. This site is formed from 20.18 hectares of Crown allotment 13A. In total, the proposed Lot would be 41.17 hectares.

Proposed Lot 3

This lot consists of two parts bisected by the Victorian Goldfields Tourist Railway. One part is north of the railway with a 65.58 metre frontage to the government road on the west. This part is 11.32 hectares. The other part, south of the railway, has a frontage to the government road of 284.85 metres and is a total size of 28.69 hectares. This lot is created via the consolidation of Crown allotments former 14A, 14B and 14C. In total proposed Lot 3 will be 40.01 hectares. Access to this section of the lot is restricted.

Proposed Lot 4

The proposed Lot 4 consists of two parts. The first is located north of the unmade road reserve, an extension of Halls Lane. The government road has a section of road 501.6 metre into proposed lot 4 which partially bisects the proposed lot. This part is 37.04 hectares. The second part of the lot is south of the unmade government road, having an area of 6.89 hectares. In total, the proposed Lot 4 is 43.94 hectares.

This proposed lot is made from consolidating lots 14D and 14E.



Clause 12.04-2 Landscapes

Planning should assist in the protection of landscapes and significant open spaces that contribute to character, identity and sustainable environments.

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 subdivision of productive 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 14.02 -2 Water Quality

The objective of this clause is to protect water quality.

Clause 16.02-1 Rural Residential Development

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

Clause 19.03-2 Water Supply, Sewerage and Drainage

The protection of water supply from uses that may cause possible contamination must be considered in permit applications.


Appropriate on-site waste disposal methods in areas not connected to a reticulated sewerage system must be provided to all lots created through subdivision.


Clause 21.02 Vision and framework plan

The land use planning and development vision for the Shire is:

The Mount Alexander Shire’s townships and rural environs engender an identifiable character which reflects the areas unique heritage, its beautiful landscapes and the quality of life.

The Shire Council will seek to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable so as to secure an improved economic future, enhance the lifestyle quality of the community and maintain the unique heritage character.

Clause 21.04-1 Biodiversity

This clause outlines the current state of the Shire’s biodiversity, much of this focusing on native vegetation. Some of the key threats to biodiversity in the Shire are identified as being related to clearing of vegetation for agriculture, urban and other uses.

Clause 21.04-3 Rural and landscape character

This policy recognises the importance and appeal to both residents and visitors of the rural appearance and character of the Shire. When deciding on an application for development of land in rural zones, Council should consider, where appropriate, issues such as the effect on views and the natural landscape, setbacks of nearby development and consideration of topographical features in the siting of the development.

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.

Strategies to implement the objectives of this clause include:

• Promote agriculture and horticulture as the primary land uses in the Shire unless other land uses are strategically justified

• Discourage fragmentation of agricultural land if they are likely to lead to a non-agricultural use

• Discourage the development of dwellings in areas of moderate agricultural land quality unless they are directly linked to and will benefit an agricultural use

This clause identifies agriculture as the predominant land use in the Shire. Productive capacities of various areas of the Shire are outlined based on land quality. The site is located within an area of low agricultural quality, while moderate is the highest rating available within the Shire.

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.


Clause 21.11 Infrastructure

This clause gives an overview of the Shire’s significant infrastructure assets and also issues arising due to lack of infrastructure in some areas. Key issues include preventing unplanned residential development in rural area which can increase costs of infrastructure maintenance and provision.

Clause 22.04 Use and development of land in the Farming Zone and Rural Living Zone

The policy basis for this clause builds on other Municipal Strategic Statement objectives of:

• Clause 21.03 to provide for rural living development in identified areas • Clause 21.03 to ensure that rural living development is economically sustainable • Clause 21.06 to protect the land resources relied upon by agriculture

The policy basis acknowledges that the fragmentation of productive agricultural land is to be avoided to ensure the productive capacity of the land is maintained. Objectives include that use and development of land for a dwelling is required to support the rural use of land, ensuring that dwellings do not adversely impact on agricultural activities on adjacent site and that a proposed dwelling will not result in the loss or fragmentation of productive agricultural land.

Clause 22.22 Excisions, construction of housing and re-subdivision of land in the farming and rural living zones

The objective of this clause is to ensure that lots smaller than that specified in the Schedule to the Farming Zone are consistent with the purposes of the zone.

It is policy to discourage new house developments on existing small lots in all rural areas except if (and in addition to all other considerations):

• the lot has been created since the introduction of planning controls • the development is completed by 1 October 2003 • the development will not inhibit the rights of existing farms to continue their

operations

Zoning

Clause 35.07 Farming Zone (FZ)

A permit is required for use and development of a dwelling on a lot less than 40 hectares in the Farming Zone (Clause 35.07-1).

A permit is required to subdivide land (Clause 35.07-3). The minimum lot size in the Farming Zone is 40 hectares, however smaller lots may be created where the subdivision is a re-subdivision of existing lots and the number of lots is not increased. A permit for smaller lots can also be granted if the subdivision is to create a lot for an existing dwelling (lot 1).

The applicant proposes to consolidate the existing 9 lots held in 8 titles into 4 new lots. While one of these new lots is less than the standard 40 hectare size at 15.38 hectares (lot 1), this lot contains an existing dwelling.

The purpose of the Farming Zone is:

• to provide for the use of land for agriculture • to encourage the retention of productive agricultural land


• to ensure dwellings do not adversely affect the use of land for agriculture • to encourage use and development of land based on comprehensive and

sustainable land management practices and infrastructure provision.

Overlays


The section of land where the ESO5 applies is over No. 812 Muckleford-Castlemaine Road. The proposed use and development of a dwelling and subdivision does not occur in this part of the site. Therefore, the proposal does not trigger a permit under this Clause.

Clause 42.03 Significant Landscape Overlay Schedule 1 (SLO1)

The environmental objective is to conserve and enhance the character of significant landscapes.

Under Clause 42.03-2 (SLO) a permit is required to construct a building or carry out works.

The section of land where the SLO1 applies is over No. 812 Muckleford-Castlemaine Road and the proposed use and development of a dwelling and subdivision triggers a permit under this Clause.

Schedule 1 of this Overlay refers to the Maldon Landscape Area. The key elements of the Maldon landscape are both natural and man-made.

The relevant landscape character objectives to be achieved are:

• To prevent the destruction of significant tracts of bushland or trees which would detract from the value of the landscape, or area of significant vegetation.

• To encourage development of a type which does not detract from the value of the landscape due to its siting, height or general appearance.

No vegetation is proposed to be removed for this application.

Clause 43.01 Heritage Overlay

This built form overlay ensures that development does not adversely affect the significance of heritage places.

Under Clause 43.01-1 (HO) a permit is required to subdivide land.

The section of land where the HO applies is over the north eastern area of No. 533 Muckleford-Castlemaine Road. This is the area proposed for Lot 1. This area contains the existing dwelling and outbuildings and is recognised as HO981: Maldon Stone Gutters.

The site is not on the Victorian Heritage Register and is of local significance.

Clause 44.01 Erosion Management Overlay

The environmental objective of this Clause is to ensure the protection of areas prone to erosion, landslip or other land degradation processes by minimising land disturbance and inappropriate development.

Under Clause 44.01-1 a permit is required to construct a building or construct or carry out works including road works.


The section of land where the EMO applies is over the south western area of 533 Muckleford-Castlemaine Road. This is the area proposed for Lot 4. Although there is no road works proposed in the current scope of the planning permit, obtaining legal access to Lot 4 would require organising with DELWP for the existing licence relating to the government roads (abutting the east side of allotment 14D and the west and north sides of allotment 14C) to be transferred to the applicant. The owner of proposed Lot 4 would hold the licence to the southern half of the unsealed road between Muckleford-Castlemaine Road and Halls Lane. This would guarantee access to Halls Lane subject to construction in accordance with the Infrastructure Design Manual.

Due to this requirement, the proposal will be assessed under the requirements of the clause.

Clause 44.04 Land Subject to Inundation Overlay

The section of the land where the LSIO applies is over No. 812 Muckleford-Castlemaine Road. The proposed use and development of a dwelling and subdivision does not occur in this part of the site. Therefore, the proposal does not trigger a permit under this Clause.

Clause 44.06 Bushfire Management Overlay

The section of land where the BMO applies is over No. 812 Muckleford-Castlemaine Road. The proposed use and development of a dwelling and subdivision does not occur in this part of the site. Therefore, the proposal does not trigger a permit under this Clause.

Particular provisions

Clause 52.01 Public Open Space Contribution and Subdivision

A Public Open Space Contribution is not required as the land is located within the Farming Zone.

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.

Clause 66 Referral and Notice Provisions

This clause includes mandatory conditions requiring permits for subdivision to require the provision of telecommunications services, preferably fibre optic services, where available. This clause includes an exemption for subdivision in a Rural Zone if Council as the responsible authority is satisfied that connection to telecommunication services is not warranted.

The lots are in a relatively remote area where only fixed wireless or satellite services are likely to be made available, and the proposal is only the re-alignment and consolidation of a number of existing lots and therefore an exemption from the telecommunication services is warranted.

Issues

Farming Zone

A permit is required to subdivide land. The minimum lot size in the Farming Zone is 40 hectares, however smaller lots may be created where the subdivision is a re-subdivision


of existing lots, the lots contain an existing house and the number of lots is not increased.

In this case there are eight allotments and the proposal is to re-subdivide the land into four new lots. Whilst one of these new lots is less than the standard 40 hectare size at 15.38 hectares, this lot contains an existing dwelling.

The policy framework of the planning scheme specifically discourages fragmentation of rural land titles, and encourages consolidation of lots in order to protect productive agricultural land as an economic resource. In this instance, the proposed use and development of a dwelling on the smaller lot and consolidation of the other lots is inconsistent with the guidelines of the Farming Zone. The creation of other lots of above 40 hectares will enable housing as-of-right on those blocks which have previously been restricted to agriculture.

Proposed Lot 2 (41.17ha) into two parts for the use and development of a Dwelling at 812 Muckleford-Castlemaine Road, Muckleford.

The purpose of the Farming Zone is to ensure that non-agricultural uses do not adversely affect the use of the land for agriculture. The proposed site involves consolidating two lots which are a 500 metre distance from each other (Crown allotment 12 (part) and Crown allotments 13A and 13). This proposal creates a 40-hectare lot size allowing the development of a dwelling as of right.

A dwelling is exclusively a non-agricultural use. Allowing a dwelling on this site will adversely affect the land for agriculture. The section of remaining farm land removed from the greater land holding at 812 Muckleford-Castlemaine Road will reduce its ability to be appropriately utilised for farming. All adjoining lots are utilised for agriculture/farming activities and allowing a dwelling on this site would not be consistent with the existing use and development in this area.

The proliferation of dwellings in a Farming Zone limits the availability of productive land and the opportunities for expansion of adjoining and nearby agricultural uses. Furthermore, dwellings can potentially contribute to increased land values, give rise to land use conflicts and remove land from agricultural / farming activity. This can impact negatively on agricultural production.

The proposed use and development of a dwelling would not enhance and support agricultural production on the subject site. Further, the submitted planning report provides insufficient justification to demonstrate how the proposed use and development will enhance agricultural productivity on the land. The proposed agricultural activities and sustainable land management practices can be undertaken in the absence of a dwelling on the site. The land has been managed as such for many years with the existing dwelling on the proposed Lot 1.

Council’s Rural Land Study, 2014, classifies the land quality of the subject site as “Class 3: Moderate”. Class 3 is identified as land capable of supporting grazing with some cropping. The subject site is currently used for sheep grazing and pasture raising. The proposed use and development of a dwelling would result in the loss of productive agricultural land.

The consolidation of these two lots is not an appropriate outcome within the requirements of the Farming Zone. Further, the lots that will form Lot 2 are separated by a well-utilised road. Moving stock or farming equipment between these sites could be problematic.


Proposed Lots 3 (40ha) & Lot 4 (43.9ha) at 533 Muckleford Castlemaine Road, Muckleford

Although the density of one dwelling per 40 hectares is maintained by the proposal, the proposal makes the possibility of housing on Lots 3 and 4 as-of-right, which could further add to the number of houses in the farming zone locality.

The consolidation of these Crown allotments to lots to achieve the minimum lot size for a dwelling would be a poor outcome for maintaining viable agricultural land. Once these Crown allotments are consolidated to allow housing as-of-right, inevitably the purpose and use of the land will change.

The smallest lot (Lot 1) retains the original dwelling and associated buildings. The risk of removing the only lot which contains a dwelling from the other lots, will impact upon the ability to farm the land on other lots if sold or in alternative ownership.

State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF)

The SPPF and LPPF place a strong emphasis on the protection of productive agricultural land from unplanned loss of such land and from fragmentation through the subdivision of existing rural holdings.

There is a clear theme throughout State and Local policies particularly Clause 11.05-3, 16.02-1, 21.03, 21.04-4 and Clause 22.22, to focus rural living into areas zoned for that purpose and to discourage the use of existing old Crown allotments in the Farming Zone for rural living purposes.

Within the Shire, the only areas specifically designated for rural living are around Castlemaine. It is clear that the proposed use and development of a dwelling on one lot and the consolidation of the other lots is contrary to relevant policy. The proposal should not be supported as it would remove land from agricultural production and undermine the intent of the zone.

Erosion and soil management issues

The proposed Lot 4 is under an Erosion Management Overlay. This site is heavily covered with vegetation. The construction of any future dwelling on this proposed lot would trigger a planning permit under this Clause.

In accordance with the Schedule to the Overlay, a landscape plan is required for applications of buildings and works (including roadways). This should address the erosion issues and outline any vegetation to be required. This could be covered as a condition of permit.

Heritage and landscape issues

The site at 512 Muckleford-Castlemaine Road is covered by a Heritage Overlay, HO981: Maldon Stone Gutters. The proposal will not impact upon the heritage place as the existing conditions for the dwelling, such as the crossover and drainage, will remain. Council’s Heritage Advisor has stated that any dwelling development should meet the requirements of the Significance Landscape Overlay and to ensure the stone gutters are not affected. This could be required as a condition of any permit.

Subdivision Access Issues

Lots 3 and 4, as configured, have access matters that are not resolved, and not supported by VicTrack.


Proposed Lots 3 and 4 require access over Sharps Road, an unmade government road running north-south along the western property boundary. This area is currently leased from DELWP by the applicant for cultivation and grazing. The applicant will be required to cancel the licence of the road sections if they intend to use them for access.

Sharps Road traverses the rail line (owned by VicTrack and operated by the Castlemaine & Maldon Rail Preservation Society). The proposal does not include grade separation, constituting a new level crossing. The applicant does not have Ministerial exemption from the requirement to do so; therefore the proposal is contrary to State Planning Policy at Clause 18.02-4 that requires development to “provide for grade separation at railway crossings except with the approval of the Minister for Transport”. On this basis, Vic track state that the application should be refused.

In addition, this section of the road reserve is unmade and would more than likely require significant vegetation removal. Therefore the lots as configured would result in ‘landlocked ‘lots, particularly parts of Lots 3 south of the railway line and parts of Lot 4 south of the unmade road reserve.

Alternative Options

Council could approve the application; however the application does not comply with the Planning Scheme.


Assessment of the application is made using operational budget.

Should Council refuse to grant a planning permit the applicant could seek review of the decision at the Victorian Civil and Administrative Tribunal. In this instance Council officers would represent Council at VCAT, through operational budget.

Should Council decide to issue a Planning Permit, the applicant could appeal any permit conditions. In this instance Council officers would represent Council at VCAT, through operational budget.

Consultation

Advertising


One objection was received from VicTrack regarding access.

Referrals

The application was referred externally to Goulburn Murray Water. GMW has no objection subject to five conditions for inclusion in any permit.

The subdivision is a boundary re-alignment and is therefore exempt from the referral requirements under Clause 66.01 of the planning scheme.

There are no external referral requirements for a dwelling under either the Farming zone or the Significant Landscape Overlay.

The application was referred internally to Councils Infrastructure Unit, Environmental Health Unit and Heritage Advisor. The Infrastructure Unite and Environmental Health


Unit had no objection subject to conditions being included in any permit. The Heritage Advisor had no objection subject to possible conditions relating to building design.


ECO 13 PLANNING PERMIT APPLICATION 128/2016 – USE AND DEVELOPMENT OF A DWELLING AND RESUBDIVISION OF 5 LOTS INTO 3 LOTS, 418 CASTLEMAINE-MUCKLEFORD ROAD, MUCKLEFORD


Executive Summary

Council has received an application for the construction of a dwelling and re-subdivision of 5 lots into 3 lots at 418 Castlemaine-Muckleford Road, Muckleford. The site is located within the Farming Zone and is covered by the Significant Landscape Overlay Schedule 1 and the Erosion Management Overlay Schedule 1. The application has received one objection raising concerns with the location of the dwelling on the site.


The proposed lot for the dwelling is less than the 40 hectare minimum size for the zone at 31 hectares. The re-subdivision provides three lots with an average size greater than 40 hectares. However, the re-subdivision risks the future use and development of this land being inconsistent with the purpose and objectives of the planning scheme.

The application has not sufficiently demonstrated that the proposal is needed to support or enhance farming activity. Farming activity is already undertaken on the land without a dwelling or lot consolidation.

The application has been assessed against the provisions of the planning scheme and does not meet the requirements. The state and local provisions of the planning scheme place a strong emphasis on protecting agricultural land zoned farming for on-going agricultural use, and avoiding dwellings adversely affecting agricultural uses.


RECOMMENDATION

That Council issue a Notice of Decision to Refuse a Planning Permit for the construction of a dwelling and re-subdivision of 5 lots into 3 lots at 418 Castlemaine-Muckleford Road, Muckleford on the following grounds:

The proposed construction of a dwelling on one lot and consolidation of five lots into 1.three lots is contrary to State Planning Policy Framework and Local Planning Policy Framework, more specifically, Clause 14.01-1 – Protection of Agricultural Land, Clause 16.02-1 – Rural Residential Development, 21.04-4 – Rural Living & Clause 22.22 – Excisions, Construction of Housing and Re-Subdivision of Land;

The proposed construction of a dwelling on one lot and consolidation of five lots into 2.three lots is contrary to the purpose and decision guidelines of the Farming Zone;

The proposed construction of a dwelling on one lot and consolidation of five lots into 3.three lots would allow for potential residential fragmentation rather than the retention of productive agricultural land; and

The proposed construction of a dwelling on one lot and consolidation of five lots into 4.three lots would not support and enhance agricultural production.



That Council issue a Notice of decision to issue a Planning Permit for the construction of a dwelling and re-subdivision of 5 lots into 3 lots at 418 Castlemaine – Muckleford Road, Muckleford with the following set of conditions:

1. PLANS TO BE ENDORSED The subdivision must be carried out in accordance with the endorsed plans, without the written further approval to the satisfaction of the Responsible Authority.

2. LAYOUT NOT ALTERED The development as shown on the endorsed plans must not be altered without the further written consent of the Responsible Authority.

3. COUNCIL ENGINEERING 3.1 Prior to the certification of the plan of Subdivision, detailed access and

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. All works constructed or carried out must be in accordance with those endorsed plans.

3.2 VEHICLE CROSSING Proposed Vehicle crossovers are to be constructed/upgraded to the levels/requirements of Council. No impeding or redirection of existing surface flows is allowed to occur as a result of these works. Where two crossovers are in close proximity, pipes are to be extended through to create one wide crossover servicing both properties.

3.3 WORKS WITHIN ROAD RESERVE Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and obtain a permit to occupy the road for works. All existing road reserve assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance.

3.4 DRAINAGE The development and works on 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 footpath, or onto any adjoining land unless such land has been nominated as a legal point of discharge.

3.5 Storm Water must not be discharged from the subject land other than by means of an underground pipe drain to council nominated point of discharge. The drainage system within the subject land must be designed to the requirements and satisfaction of the council.


3.6. STATEMENT OF COMPLIANCE a) Council is to be paid a fee of 0.75% of the total construction costs for

these works for the approval of said plans plus 2.5% for supervision of construction. Said fees to be paid prior to commencement of any road/ drainage works.

b) All existing and proposed easements and sites for existing and required utility services and drainage must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

c) Prior to issue of a statement of compliance for the subdivision, the road, drainage and driveway works required above must be installed to satisfaction of council in accordance with the approved Engineering plans.

4. RETICULATED SERVICES The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities and electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authorities' requirements and relevant legislation at the time.

5. EASEMENTS All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

6. CERTIFICATION The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

7. ENVIRONMENTAL HEALTH a) The applicant will be required to install an all-waste on-site waste water

system. The system must be an Environment Protection Authority approved system installed, operated and maintained in accordance with the Environment Protection Authority’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.

b) 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.

8. POWERCOR 8.1 The plan of subdivision submitted for certification under the Subdivision Act

1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

8.2 The applicant shall:- • Provide an electricity supply to all lots in the subdivision in accordance

with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply


system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

• Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

• Any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

• Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

• Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Power Line” pursuant to Section 88 of the Electricity Industry Act 2000.

• Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots. Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

• Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

• Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

9. GOULBURN MURRAY WATER a) Any Plan of Subdivision lodged for certification must be referred to

Goulburn-Murray Rural Water Corporation pursuant to Section 8(1)(a) of the Subdivision Act.

b) All wastewater from the proposed dwelling on lot 1 must be treated and disposed of using an EPA approved system, installed, operated and maintained in compliance with the relevant EPA Code of Practice and Certificate of Approval.

c) The wastewater disposal area on lot 1 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 of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

d) The wastewater disposal area on lot 1 must be located: • at least 100 metres from any waterway; • at least 60 metres from the nearest dam;


• at least 40 metres from the nearest drainage line; and • at least 20 metres from the nearest bore. e) The wastewater management system must be appropriately designed to

manage the potential volume of wastewater generated under full occupancy of the dwelling including an appropriately sized disposal area based on a full water balance specific to the proposal and subject land to the satisfaction of Council’s Environmental Health Department

10. SCHEDULE OF MATERIALS AND COLOURS Before the development starts, a schedule of construction materials, external finishes and colours including the use of non-reflective materials for the proposed dwelling and shed to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the schedule will be endorsed and will then form part of the permit.

11. FARM MANAGEMENT PLAN Before the use and/or development starts, a Farm Management Plan to the satisfaction of the responsible authority must submitted to and approved by the responsible authority. When approved, the Farm Management Plan will be endorsed and will then form part of the permit. The Farm Management Plan must be generally in accordance with the Land/Farm Management Plan submitted with the application and prepared by Susan Luke (Treecology) submitted on 16 June 2016, and must also include a scaled plan with details of: a) Any proposed fencing internally within the site particularly to protect

native vegetation, drainage line and dams. b) Measures to rehabilitate erosion on the land. c) The replacement of any damaged or ineffective stock fencing as soon as

possible. d) Screen planting wind protection and landscape enhancement on part of

the roadside boundaries. e) Fencing and vegetating the existing drainage line with suitable

understorey shrub species to provide soil stabilisation, habitat for insects/birdlife

f) Location of internal fencing to enable short rotation cell grazing g) Establishing stock crossing points near either end of the drainage line to

provide a stock movement circuit when grazing the property. h) How the proposed farm practices will be managed to ensure no

detrimental impacts on the farming practices on neighbouring properties. Within six months of the occupation of the dwelling hereby permitted, the endorsed Farm Management Plan must be implemented and maintained to the satisfaction of the Responsible Authority. Once endorsed, the Land Management Plan must not be modified or altered without the written consent of the responsible authority.

12. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY a) The finished floor level of the proposed dwelling must be constructed a

minimum of 450 millimetres above nature surface level at the site of the proposed dwelling.


b) All buildings and works must be set back a minimum of 30 metres from the top of bank of the waterway which traverses the proposed allotment 1.

13. EXPIRY- SUBDIVISION This permit will expire if the plan of subdivision is not certified within two years of the date of this permit. The responsible authority may extend this period if a request is made in writing before the permit expires, or within six months afterwards. Under section 7 of the Subdivision Act 1988, the plan of subdivision must be registered within five years of the date of certification.

14. EXPIRY- DEVELOPMENT 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. 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. • Within twelve months afterwards if the development started lawfully

before the permit expired. NOTE – NCCMA Flood levels for the 1%AEP probability (100 year ARI) have not been determined for this area under the Water Act 1989. However information available at North Central CMA indicates that in the event of a 1% AEP flood event it is possible that the property may be subject to inundation from a tributary of Muckleford Creek.


CARRIED.

COUNCILLOR HENDERSON CALLED FOR A DIVISION Councillors who voted for the Motion: • Councillors Bell, Cordy, Nieman and Taylor. Councillors who voted against the motion: • Councillor Henderson, Machin and Telford.


Context

The purpose of this report is to enable Council to make a determination on Planning Application 128/2016 for the use and development of a dwelling and re-subdivision of 5 lots into 3 lots at 418 Castlemaine-Muckleford Road, Muckleford. The application has been referred to Council because an objection has been received to the proposal and the planning officer recommends refusal.

This report recommends the application be refused.

Refer to:


The application was lodged on 16 June 2016 for the use and development of a dwelling. The application was later subsequently amended on 3 August 2016 to include the lot consolidation. The application fee for the subdivision component, however, was not received until 12 October 2016.

The subject site is located on the south-east corner of the Castlemaine-Muckleford Road and the Walmer-Muckleford Road. The site is directly west of the Muckleford Railway Station, and both adjacent roads are constructed with a two lane bitumen seal.

The site comprises five titles containing a total area of 124.6 hectares. The Muckleford Railway line bisects the site with approximately 25 percent of the land area to the north and 75 percent to the south. Halls Lane forms the southern boundary.

Land to the north of the railway line is flood-plain type pasture, while land to the south consists of gentle rolling granite hills.

The land is currently used for grazing purposes, with the exception of a small fire station fronting the Walmer –Muckleford Road, just north of the railway crossing. The fire station has not been excised from the subject site and remains on site at the discretion of the land owner.

The proposal includes use and development of a dwelling along the Castlemaine-Muckleford Road, approximately 300 metres from the Walmer-Muckleford Road intersection. This dwelling is to be set back 33 metres from the frontage.

The dwelling is proposed to be built in an L-shape with three bedrooms and an open plan kitchen/dining/family room. It is a contemporary design with a flat roof and light timber external cladding. The gross floor area, including garage, is approximately 250 square metres.

An intermittent watercourse runs diagonally through the land, north of the railway line, from north east to south west. The dwelling is set back approximately 175 metres from this watercourse.

The proposal also includes consolidation of the land into three functional lots. The new lot north of the railway line with the proposed dwelling will contain 31.4 hectares, while the two lots to the south will contain 49.55 hectares and 43.7 hectares respectively. Currently the land is held in five titles ranging widely in size. The smallest lot, created in June 2000, is a thin triangle adjacent to the railway line. This lot is low lying and exhibits signs of inundation from the adjacent watercourse. The proposed re-subdivision responds to the primary physical constraint (ie. the railway line) and consolidates the small lots.







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













The Mount Alexander Shire’s townships and rural environs engender an identifiable character which reflects the areas unique heritage, its beautiful landscapes and the quality of life.

The Shire Council will seek to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable so as to secure an improved economic future, enhance the lifestyle quality of the community and maintain the unique heritage character.

The accompanying map seeks to support productive use of agricultural land and protect water catchment areas.







• Promote agriculture and horticulture as the primary land uses in the Shire unless other land uses are strategically justified.

• Discourage fragmentation of agricultural land if they are likely to lead to a non-agricultural use.

• Discourage the development of dwellings in areas of moderate agricultural land quality unless they are directly linked to and will benefit an agricultural use.



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.





• Clause 21.03 to provide for rural living development in identified areas. • Clause 21.03 to ensure that rural living development is economically sustainable. • Clause 21.06 to protect the land resources relied upon by agriculture.



Clause 22.22 Excisions, construction of housing and re-subdivision of land in the farming and rural living zones

The objective of this clause is to ensure that lots smaller than that specified in the Schedule to the Farming Zone are consistent with the purposes of the zone.

It is policy to discourage new house developments on existing small lots in all rural areas except if (and in addition to all other considerations);

• the lot has been created since the introduction of planning controls; • the development is completed by 1 October 2003; and • the development will not inhibit the rights of existing farms to continue their

operations.

Zoning

Clause 35.07 Farming Zone (FZ))

A permit is required for use and development of a dwelling on a lot less than 40 hectares in the Farming Zone. (Clause 35.07-1). The proposed dwelling lot is 31.7 hectares in size.

A permit is required to subdivide land. The minimum lot size in the Farming Zone is 40 hectares, however smaller lots may be created where the subdivision is a re-subdivision of existing lots and the number of lots is not increased.

In this case there are 6 lots held in 5 titles and the proposal is to re-subdivide the land into 3 new lots. While one of these new lots is less than the standard 40 hectare size, the average size of the three new lots is 41.5 hectares.

The purpose of the Farming Zone is,

• to provide for the use of land for agriculture, • to encourage the retention of productive agricultural land, • to ensure dwellings do not adversely affect the use of land for agriculture. • to encourage use and development of land based on comprehensive and

sustainable land management practices and infrastructure provision.

Overlays

Clause 42.03 Significant Landscape Overlay Schedule 1 (SLO1)

Pursuant to clause 42.03-2 a permit is required to construct a building or carry out works within the Significant Landscape Overlay –Schedule 1.

The purpose of this overlay is to:

• To identify significant landscapes, • To conserve and enhance the character of significant landscapes.

Schedule 1 of this Overlay refers to the Maldon Landscape Area. The key elements of the Maldon landscape are both natural and man-made.

The relevant landscape character objectives to be achieved are:

• To prevent the destruction of significant tracts of bushland or trees which would detract from the value of the landscape, or area of significant vegetation.


• To encourage development of a type which does not detract from the value of the landscape due to its siting, height or general appearance.

Clause 44.01 Erosion Management Overlay

Along the eastern boundary, towards its southern end, there is a small sliver of land affected by the Erosion Management Overlay.

Pursuant to clause 44.01-4 a permit is required to subdivide land within this overlay.

The purpose of this overlay includes:

• To protect areas prone to erosion, landslip or other land degradation processes, by minimising land disturbance and inappropriate development.


Clause 52.01 Public Open Space Contribution and Subdivision

A Public Open Space Contribution is not required as the land falls within the Farming Zone where public open space does not apply under this provision.

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.

Clause 66 Referral and Notice Provisions

This clause includes mandatory conditions requiring permits for subdivision to require the provision of telecommunications services, preferably fibre optic services, where available. This clause includes an exemption for subdivision in a rural zone (such as the farm zone) if Council as the responsible authority is satisfied that connection to telecommunication services is not warranted.

The lots are in a relatively remote area where only fixed wireless or satellite services are likely to be made available, and the proposal is only the re-alignment and consolidation of a number of existing lots and therefore an exemption from the telecommunication services requirement is warranted.

Issues

Farming Zone

A permit is required to subdivide land. The minimum lot size in the Farming Zone is 40 hectares, however smaller lots may be created where the subdivision is a re-subdivision of existing lots and the number of lots is not increased.

In this case there are 6 lots held in 5 titles and the proposal is to re-subdivide the land into 3 new lots. While one of these new lots is less than the standard 40 hectare size, the average size of the three new lots is 41.5 hectares.

The subject proposal would result in the consolidation of the subject land into three lots and development of a dwelling on the smaller lot. It would also enabling dwellings ‘as of right’ on the other two lots. This does not achieve an acceptable planning outcome in the context of a policy framework which specifically discourages fragmentation of rural land and encourages consolidation of lots in order to protect productive agricultural land as


an economic resource. The ultimate development of three dwellings on the subject land parcel is inconsistent with the guidelines of the Farming Zone.

The 31.7 Hectare Proposed Site and Dwelling

The purpose of the Farming Zone is to ensure that non-agricultural uses do not adversely affect the use of the land for agriculture. The proposed use and development of a dwelling would not enhance and support agricultural production on the subject site. Further, the submitted planning report provides insufficient justification to demonstrate how the proposed use and development will enhance agricultural productivity on the land. The proposed agricultural activities and sustainable land management practices can be undertaken in the absence of a dwelling on the site. The land has been managed as such for many years.

Council’s Rural Land Study, 2014, classifies the land quality of the subject site as “Class 4: Low”. Class 4 is identified as land capable of supporting grazing under moderate to low stocking rates where clearing has occurred. The subject site is currently used for sheep grazing and pasture raising. The proposed use and development of a dwelling would result in the loss of productive agricultural land.

The Lot Consolidation (43 and 50 Hectare Lots)

The proposal makes the possibility of a dwelling on each of the other lots as-of-right. The remaining two lots of 50 and 43 hectares will be exempt from needing to apply for a planning permit for a dwelling. This proposal is a clear attempt to consolidate lots into sites which will become available for housing.

The development of dwellings on these lots would only serve to increase the perception of a cluster of rural living properties. The proliferation of dwellings in a Farming Zone limits the availability of productive land and the opportunities for expansion of adjoining and nearby agricultural uses. Furthermore, dwellings can potentially contribute to increased land values, give rise to land use conflicts and remove land from agricultural / farming activity. This can impact negatively on agricultural production.



There is a clear theme throughout State and Local policies particularly Clause 11.05-3, 16.02-1, 21.03, 21.04-4 and Clause 22.22, to focus rural living into areas zoned for that purpose and to discourage the use of existing old Crown allotments in the Farming Zone for rural living purposes.

Within the Shire, the only areas specifically designated for rural living are around Castlemaine. It is clear that the proposed use and development of a dwelling on one lot and the consolidation of the other lots is contrary to relevant policy. The proposal should not be supported as it would remove land from agricultural production and undermine the intent of the zone.

Water Quality Impacts and Aesthetic Impacts

The location of the proposed dwelling does allow for some separation between the shearing shed opposite, the neighbouring dwelling to the east and the fire station. However, the proposed dwelling is located within an existing agricultural area which can produce conflicts between neighbours. The shearing shed is still utilised as a shearing station – a dwelling within proximity to this would be a poor outcome for future inhabitants (considering odour and noise). There is a risk that a dwelling in this location


is an incompatible use which could impact negatively upon the agricultural uses that predominate in the area.

The proposed dwelling has been setback from the existing waterway which bisects the land. The building has been designed in a contemporary style with a flat roof and timber cladding. Additional screening landscaping is proposed to comply with the requirements of the SLO1 overlay.

This 175 metre set back from the internal watercourse complies with the State Environment Protection Policy (Waters of Victoria) in relation to on-site effluent treatment. Rainwater is to be harvested from the roof of the dwelling/ shed and directed to 80,000 litre storage tanks.

Alternative Options

Council could approve the application; however the application does not comply with the Planning Scheme.



Consultation

Advertising


Objections to the application

One objection was received from a nearby landowner. In summary, the listed grounds of objection are:

The proposed dwelling is too close to the waterway passing through the property. The views of Council’s Environmental Health Officer are not accepted. The application is therefore incomplete.

The objector is concerned that the description given to the creek in the supporting documentation as a ‘drainage line’ is not consistent with his view of it as a ‘waterway’; that the applicant’s description will lead to a reduction in the environmental protection offered to the creek.

Council’s Environmental Health Officer reviewed the application with special regard given to the setback from the creek. The officer noted that there is a waterway that crosses the property to the south and east of the building envelope and that a setback distance of more than 100 metre from the onsite wastewater management has been achieved.

The Environmental Health Officer (EHO) raised no objection to the proposal and recommended the inclusion of two conditions in any permit. These conditions require the installation of an EPA approved all-waste on-site waste water system and an application to the EHO prior to installation.

The proposal was also referred to Goulburn Murray Water as the relevant water catchment authority, who also responded with no objection subject to suitable planning permit conditions.


Within the proposed 31 hectare lot, there is ample opportunity for a septic system to be located on the site well away from the water-course, and permit conditions would require any such system to meet all relevant regulations.

If the dwelling was relocated to the west it would conflict with the use of the shearing shed opposite.

The Environmental Health Officer has confirmed there is no need to relocate the dwelling to the west as the setback to the creek is adequate in its current location.

There is no proposal to locate the dwelling anywhere but in the middle of the site adjacent the northern boundary as per the plans provided. If a permit were to be approved, the dwelling would need to constructed in the location shown on the plans, and any change would require further assessment and approval from Council as the Responsible Authority.

Concerns that this application is being ‘fast-tracked’ and any approval may prejudice a similar application submitted earlier by the objector.

All applications are assessed on the basis of their merits. The assessment of this application will not impact the assessment of other permits. The objector’s application PA001/2015 is a larger and more complex consolidation and re-subdivision of eight lots into four lots in seven parts.

Referrals

The application was referred externally to Goulburn Murray Water, Powercor Australia, North Central Catchment Management Authority, Coliban Water Authority, Department of Environment, Land, Water and Planning and Victrack.

Coliban Water Authority and DELWP had no objections and did not recommend any conditions. No response had been received from VicTrack at the time of this report, well after the required 28 day notice period. The other three agencies had no objection subject to conditions being included in any permit.

The application was referred internally to Council’s Infrastructure Unit and Environmental Health Unit. Both units had no objection subject to conditions being included in any permit.


Councillor Nieman left the Council Chamber at 7.06 pm, due to a declared indirect conflict of interest with Item ECO 14 in the Agenda.

ECO 14 PLANNING PERMIT APPLICATION 233/2016 – USE AND DEVELOPMENT OF 3 DWELLINGS AND 3 LOT SUBDIVISION AT LOT 2 ON PS643491Q, 5 TEMPLETON STREET, MALDON


Executive Summary

Council has received an application for use and development of 3 dwellings and 3 lot subdivision at Lot 2 on PS643491Q, 5 Templeton Street, Maldon. The site is located within the Commercial 1 Zone and is covered by the Heritage Overlay.

The proposal has received 20 objections. An applicant-objector meeting was held and following the meeting amended plans were submitted by the applicant which reduced townhouse 3 to two bedrooms, increased setbacks, and altered the façade design and materials including the addition of verandahs.

The amended plans were forwarded to all objectors and the heritage officer to provide the opportunity for any further comments based on the revised plans. The March plans are the subject of this report.

The proposal provides for increased diversity of housing types in a well serviced, central location of an existing township and implements a range of strategies in the planning scheme. Design details of the proposal can be improved as part of conditions on any permit to improve heritage outcomes for the proposal.

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

RECOMMENDATION

That Council:

Issue a Notice of Decision to Grant a Planning Permit for the Use and Development of 3 Dwellings and 3 lot Subdivision at Lot 2 on PS643491Q, 5 Templeton Street, Maldon, subject to the following conditions:

1. PLANS REQUIRED 1.1. Before the use and development starts amended plans to the satisfaction of the

responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted on 29 March 2017 but modified to show: a) A full schedule of colours and finishes to be used which must comply with

Schedules 1 and 2 of the Maldon Design Guidelines and be appropriate to the area to the satisfaction of the heritage advisor.

b) The ‘black powder coated metal vent’ shown on each façade should also be amended to fit with the final approved colour schedule.


c) The provision of adequate fencing on all side and rear property boundaries outside of the front setback to a minimum height of 1.8 metres to provide adequate privacy.

d) A properly detailed landscaping plan, showing a minimum of one semi-mature canopy tree for each dwelling/lot, and a variety of other plantings.

2. LANDSCAPE PLAN REQUIRED 2.1. Before the development starts, a landscape plan to the satisfaction of the

responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: a) a survey (including botanical names) of all existing vegetation to be retained

and/or removed b) details of surface finishes of pathways and driveways c) a planting schedule of all proposed trees, shrubs and ground covers, including

botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant

d) landscaping and planting within all open areas of the site e) a minimum of one canopy tree (minimum two metres tall when planted) for

each dwelling/lot.(minimum 3 in total).

3. COMPLETION OF LANDSCAPING 3.1. Before the use/occupation of the development starts or by such later date as is

approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

4. LANDSCAPING MAINTENANCE 4.1. The landscaping shown on the endorsed plans must be maintained to the

satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

5. NO LAYOUT ALTERATION 5.1. The use and/or development allowed by this permit as shown on the endorsed

plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

6. FORMAL PLAN OF SUBDIVISION 6.1. The formal plan of subdivision lodged for certification must be in accordance with

the approved plan and must not be modified except to comply with statutory requirements or with the further written consent of the Responsible Authority.

7. LAYOUT PLAN 7.1. The subdivision, as shown on the endorsed plan(s), must not be altered without

the prior written consent of the Responsible Authority.


8. MANDATORY TELECOMMUNICATIONS CONDITION 8.1. The owner of the land must enter into an agreement with:

• a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

• a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

• a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

• a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

9. INFRASTRUCTURE CONDITIONS 9.1. ENGINEERING PLANS

Prior to commencement of any drainage and road works including building works associated with the Unit development and the Subdivision permitted by this permit, Engineering plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. All works constructed or carried out must be in accordance with those endorsed plans. The plans are to include:

• Driveway and vehicle crossing works as required by the conditions of this permit

• Drainage works as required by the conditions of this permit.

• The location of the proposed drainage and sewerage easements

10. DRAINAGE WORKS AND PROPOSED EASEMENT 10.1. The whole of the subject land, including landscaped and paved areas, must be

graded and drained to the council nominated legal point of discharge to prevent the discharge of water from the subject land across any road or onto any adjoining lands. The legal point of discharge for the unit development is the open drain in Templeton Street. The internal drainage system to be designed in accordance with the concept drainage plans submitted with the further information response. The internal drainage system is to connect the property stormwater to the legal point of discharge via an underground drainage system installed within the easements proposed along south western and south eastern boundaries (pipe capacity - 1% AEP).


10.2. The drainage system shall include provision of an underground storm water retention system to limit flows downstream from the development to pre-development levels in accordance with the current Australian rainfall and Runoff – Flood Analysis and Design for a 5 year annual recurrence interval.

11. VEHICLE CROSSOVER WORKS 11.1. Proposed single and double vehicle crossovers to the development are to be

constructed to the levels/requirements of Council (idm- sd 240). No impeding or redirection of existing surface flows as a result of these works. Vehicle crossings must be positioned keeping a minimum of 3m clearance from the council trees located at the property frontages and 1m from the power poles, street signs etc.

12. SEDIMENT CONTROL 12.1. The developer must restrict sediment discharges from any construction sites within

the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991).

13. STATEMENT OF COMPLIANCE 13.1. Council is to be paid a fee of 0.75% of the total construction costs for these works

for the approval of said plans plus 2.5% for supervision of construction. Said fees to be paid prior to commencement of any road/ drainage works.

13.2. All existing proposed easements and sites for existing and required utility services and drainage must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

13.3. Prior to issue the certificate of occupancy for the units or prior to issuing of statement of compliance for the subdivision, the road, drainage and driveway works must be installed to satisfaction of council in accordance with the approved Engineering plans.

14. CONSENT FOR CONSTRUCTIONS 14.1. Prior to the commencement of any works on the road reserve the owner/applicant

must submit a minor works in a road reserve application and be issued a permit to occupy the road for works.

14.2. All existing road reserve assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance.

15. COLIBAN WATER CONDITIONS 15.1. The owner is required to provide reticulated water and sewerage services to each

of the proposed units within the development site. Services are to be provided in accordance with our specifications.

15.2. All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.


16. DOWNER / AUSNET SERVICES (GAS) CONDITIONS 16.1. The plan of subdivision submitted for certification must be referred to AusNet

Services (Gas) in accordance with Section 8 of the Subdivision Act 1988.

17. POWERCOR CONDITIONS 17.1. The plan of subdivision submitted for certification under the Subdivision Act 1988

shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

17.2. The applicant shall:-

• Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.

• Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System.

• The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.



18. PUBLIC OPEN SPACE CONTRIBUTION 18.1. Prior to the issue of the Statement of Compliance, a monetary contribution of an

amount equal to 5% of the current value of all the land within the subdivision shall be paid to the Responsible Authority. If the land is subdivided in stages, the contribution may be paid proportionally to the area of the lots being created.

19. VALUATION EXPENSES 19.1. The applicant or owner must pay on demand to Council, the Council's reasonable

costs and expenses to provide valuation for payment in lieu of open space.

20. 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

21. COMPLETION OF LANDSCAPING Before the use/occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority


22. LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

23. PERMIT EXPIRY 23.1. The permit will expire if one of the following circumstances applies:

• The development is not completed within four years of the date of this permit;

• The subdivision is not certified within two years of the date of this permit;

• The subdivision is not completed within five years from the date of certification of the plan of subdivision.

• The use is not commenced within two years after the completion of the development;

• The use is discontinued for a period of two years. In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.


That Councillor Cordy be appointed as temporary chairperson for Item ECO 14 under Section 56 (1) of Mount Alexander Shire Council - Local Law No.1 of 2008 - Meeting Procedures.


CARRIED.

MOVED COUNCILLOR TELFORD


SECONDED COUNCILLOR HENDERSON

CARRIED.

Councillor Cordy took the Chair.


MOVED COUNCILLOR TELFORD

That Council issue a Notice of Decision to Refuse a Planning Permit for the construction of 3 dwellings and 3 lot subdivision at lot 2 on PS643491Q, 5 Templeton Street, Maldon, on the following grounds:

The proposed construction of 3 dwellings and 3 lot subdivision is contrary to the 1.objectives and decision guidelines of the heritage overlay, and has only limited compliance with the requirements of the Maldon Design Guidelines;

The proposed development is of an inappropriate density for the area; 2.

The proposed development is contrary to the existing and preferred neighbourhood 3.character of the area;

The proposal does not provide sufficient areas for gardening and landscaping, and 4.lacks a suitably detailed landscaping plan, and;

The proposal does not provide sufficient setbacks in line with Rescode requirements 5.and the character of the area.


NOT CARRIED.

COUNCILLOR TELFORD CALLED FOR A DIVISION Councillors who voted for the Motion: • Councillors Henderson, Telford and Machin. Councillors who voted against the motion: • Councillor Bell, Cordy and Taylor.

• Councillor Cordy as Chair had casting vote and voted against the motion.

Councillor Telford resumed the Chair


That Council:


1. PLANS REQUIRED 1.1. Before the use and development starts amended plans to the satisfaction of the

responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies


must be provided. The plans must be generally in accordance with the plans submitted on 29 March 2017 but modified to show:

a) A full schedule of colours and finishes to be used which must comply with Schedules 1 and 2 of the Maldon Design Guidelines and be appropriate to the area to the satisfaction of the heritage advisor.





responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: a) a survey (including botanical names) of all existing vegetation to be retained

and/or removed b) details of surface finishes of pathways and driveways c) a planting schedule of all proposed trees, shrubs and ground covers, including

botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant

d) landscaping and planting within all open areas of the site e) a minimum of one canopy tree (minimum two metres tall when planted) for

each dwelling/lot.(minimum 3 in total).

3. COMPLETION OF LANDSCAPING 3.1. Before the use/occupation of the development starts or by such later date as is

approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.



5. NO LAYOUT ALTERATION 5.1. The use and/or development allowed by this permit as shown on the endorsed

plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

6. FORMAL PLAN OF SUBDIVISION


6.1. The formal plan of subdivision lodged for certification must be in accordance with the approved plan and must not be modified except to comply with statutory requirements or with the further written consent of the Responsible Authority.

7. LAYOUT PLAN 7.1. The subdivision, as shown on the endorsed plan(s), must not be altered without

the prior written consent of the Responsible Authority.




Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

• a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and



Prior to commencement of any drainage and road works including building works associated with the Unit development and the Subdivision permitted by this permit, Engineering plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. All works constructed or carried out must be in accordance with those endorsed plans. The plans are to include:

• Driveway and vehicle crossing works as required by the conditions of this permit

• Drainage works as required by the conditions of this permit.

• The location of the proposed drainage and sewerage easements

10. DRAINAGE WORKS AND PROPOSED EASEMENT 10.1. The whole of the subject land, including landscaped and paved areas, must be

graded and drained to the council nominated legal point of discharge to prevent the discharge of water from the subject land across any road or onto any adjoining


lands. The legal point of discharge for the unit development is the open drain in Templeton Street. The internal drainage system to be designed in accordance with the concept drainage plans submitted with the further information response. The internal drainage system is to connect the property stormwater to the legal point of discharge via an underground drainage system installed within the easements proposed along south western and south eastern boundaries (pipe capacity - 1% AEP).




12. SEDIMENT CONTROL 12.1. The developer must restrict sediment discharges from any construction sites within

the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991).

13. STATEMENT OF COMPLIANCE 13.1. Council is to be paid a fee of 0.75% of the total construction costs for these works

for the approval of said plans plus 2.5% for supervision of construction. Said fees to be paid prior to commencement of any road/ drainage works.



14. CONSENT FOR CONSTRUCTIONS 14.1. Prior to the commencement of any works on the road reserve the owner/applicant

must submit a minor works in a road reserve application and be issued a permit to occupy the road for works.


15. COLIBAN WATER CONDITIONS 15.1. The owner is required to provide reticulated water and sewerage services to each

of the proposed units within the development site. Services are to be provided in accordance with our specifications.



16. DOWNER / AUSNET SERVICES (GAS) CONDITIONS 16.1. The plan of subdivision submitted for certification must be referred to AusNet

Services (Gas) in accordance with Section 8 of the Subdivision Act 1988.

17. POWERCOR CONDITIONS 17.1. The plan of subdivision submitted for certification under the Subdivision Act 1988

shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

17.2. The applicant shall:-

• Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.





18. PUBLIC OPEN SPACE CONTRIBUTION 18.1. Prior to the issue of the Statement of Compliance, a monetary contribution of an

amount equal to 5% of the current value of all the land within the subdivision shall be paid to the Responsible Authority. If the land is subdivided in stages, the contribution may be paid proportionally to the area of the lots being created.

19. VALUATION EXPENSES 19.1. The applicant or owner must pay on demand to Council, the Council's reasonable

costs and expenses to provide valuation for payment in lieu of open space.












NOT CARRIED.

It was noted after reviewing Local Law No.1 of 2008 - Meeting Procedures, that Councillor Cordy should have remained in the Chair.




CARRIED.

Councillor Cordy took the Chair.

MOVED COUNCILLOR BELL

That standing orders be resumed at 8.09 pm.


CARRIED.



That Council:


1. PLANS REQUIRED 1.1. Before the use and development starts amended plans to the satisfaction of

the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted on 29 March 2017 but modified to show:

a) A full schedule of colours and finishes to be used which must comply with Schedules 1 and 2 of the Maldon Design Guidelines and be appropriate to the area to the satisfaction of the heritage advisor.





responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: a) a survey (including botanical names) of all existing vegetation to be

retained and/or removed b) details of surface finishes of pathways and driveways c) a planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant

d) landscaping and planting within all open areas of the site e) a minimum of one canopy tree (minimum two metres tall when planted)

for each dwelling/lot.(minimum 3 in total).

3. COMPLETION OF LANDSCAPING 3.1. Before the use/occupation of the development starts or by such later date as

is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.




5. NO LAYOUT ALTERATION 5.1. The use and/or development allowed by this permit as shown on the

endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

6. FORMAL PLAN OF SUBDIVISION 6.1. The formal plan of subdivision lodged for certification must be in

accordance with the approved plan and must not be modified except to comply with statutory requirements or with the further written consent of the Responsible Authority.

7. LAYOUT PLAN 7.1. The subdivision, as shown on the endorsed plan(s), must not be altered

without the prior written consent of the Responsible Authority.




Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: • a telecommunications network or service provider that all lots are

connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and




Prior to commencement of any drainage and road works including building works associated with the Unit development and the Subdivision permitted by this permit, Engineering plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. All works constructed or carried out must be in accordance with those endorsed plans. The plans are to include: • Driveway and vehicle crossing works as required by the conditions of

this permit • Drainage works as required by the conditions of this permit. • The location of the proposed drainage and sewerage easements

10. DRAINAGE WORKS AND PROPOSED EASEMENT 10.1. The whole of the subject land, including landscaped and paved areas, must

be graded and drained to the council nominated legal point of discharge to prevent the discharge of water from the subject land across any road or onto any adjoining lands. The legal point of discharge for the unit development is the open drain in Templeton Street. The internal drainage system to be designed in accordance with the concept drainage plans submitted with the further information response. The internal drainage system is to connect the property stormwater to the legal point of discharge via an underground drainage system installed within the easements proposed along south western and south eastern boundaries (pipe capacity - 1% AEP).




12. SEDIMENT CONTROL 12.1. The developer must restrict sediment discharges from any construction

sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991).

13. STATEMENT OF COMPLIANCE 13.1. Council is to be paid a fee of 0.75% of the total construction costs for these

works for the approval of said plans plus 2.5% for supervision of construction. Said fees to be paid prior to commencement of any road/ drainage works.




14. CONSENT FOR CONSTRUCTIONS 14.1. Prior to the commencement of any works on the road reserve the

owner/applicant must submit a minor works in a road reserve application and be issued a permit to occupy the road for works.


15. COLIBAN WATER CONDITIONS 15.1. The owner is required to provide reticulated water and sewerage services to

each of the proposed units within the development site. Services are to be provided in accordance with our specifications.


16. DOWNER / AUSNET SERVICES (GAS) CONDITIONS 16.1. The plan of subdivision submitted for certification must be referred to

AusNet Services (Gas) in accordance with Section 8 of the Subdivision Act 1988.

17. POWERCOR CONDITIONS 17.1. The plan of subdivision submitted for certification under the Subdivision Act

1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

17.2. The applicant shall:- • Provide an electricity supply to all lots in the subdivision in accordance

with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.






18. PUBLIC OPEN SPACE CONTRIBUTION 18.1. Prior to the issue of the Statement of Compliance, a monetary contribution of

an amount equal to 5% of the current value of all the land within the subdivision shall be paid to the Responsible Authority. If the land is subdivided in stages, the contribution may be paid proportionally to the area of the lots being created.

19. VALUATION EXPENSES 19.1. The applicant or owner must pay on demand to Council, the Council's

reasonable costs and expenses to provide valuation for payment in lieu of open space.











CARRIED.


COUNCILLOR TELFORD CALLED FOR A DIVISION Councillors who voted for the Motion: • Councillor Bell, Cordy and Taylor. • Councillor Cordy as Chair had the casting vote and voted for the motion. Councillors who voted against the motion: • Councillor Telford, Machin and Henderson.

Councillor Telford returned to the Chair

Councillor Nieman returned to the Council Chamber at 8.24 pm


Context

The purpose of this report is to enable Council to make a determination on Planning Permit Application 233/2016 for the use and development of 3 dwellings and 3 lot subdivision at Lot 2 on PS643491Q, 5 Templeton Street, Maldon. The application has been referred to Council for a decision as there are twenty (20) objections to the application.

Refer to:

Attachment ECO 14A: Context and site aerial Separate Attachment ECO 14B: Final plans submitted with application Separate Attachment ECO 14C: Clause 55 (Rescode) Assessment

The application was first lodged on 11 October 2016. The application proposes the use and development of 3 dwellings with associated subdivision on a vacant lot within the Maldon Township.

Amended plans were submitted after initial feedback from Council officers to avoid impacting trees in the road reserve on 22 November 2016. After receiving further feedback from an applicant objector meeting, amended plans with improved setbacks and revised materials and design features were submitted on 29 March 2017; this report assesses those final amended plans.

The subject site is in the Commercial 1 Zone and is covered by the Heritage Overlay.

A planning permit permission is triggered for both the use and buildings and works under the provisions of the zone and for the buildings and works under the provisions of the Heritage Overlay.

Subject site

The site is located in an established residential area just to the north of the town centre area of Maldon. There are church buildings directly to the south, to the rear (west) and across the road to the north-east, while to the direct north residential lots of various sizes are developed with existing dwellings along the rest of the street.

The 1088 square metre site is a trapezoid shape and has a street frontage with Templeton Street. There are two street trees in the adjacent road reserve nature strip.

The site is vacant with wooden picket fencing.

Council records do not show any previous planning permit applications on the site in recent history.

Proposal

The application proposes the use and development of three 2 bedroom dwellings and associated 3 lot subdivision.

Each of the three dwellings has a different layout designed to fit with the site constraints, but they share similar architectural features and design.

Townhouse 1 is proposed to have a floor area of 158 square metres with 2 bedrooms, a bathroom, laundry, open plan kitchen/living/meals room, hallway, verandah, outdoor pergola area, and a single space carport.


Townhouse 2 is a similar mirrored design with a floor area of 173 square metres and all of the above features.

Townhouse 3 is a slightly larger design with a floor area of 180 square metres, which has 2 bedrooms, a study room which could be used as a third bedroom if desired, a bathroom, open plan kitchen/living/meals room, laundry, hallway, verandah, a covered alfresco area, and a single space carport.

The proposed dwellings are all single storey. Each has a frontage to the street with a pitched roof, and a rear section with a skillion or flat roof.

The dwelling facades all feature weatherboard wall cladding, conventional windows and doors, and front verandahs. The front section of each dwelling is proposed to have brick side wall claddings and galvanised iron roof cladding. The rear sections would have weatherboard wall cladding and galvanised iron roof cladding.

The carports would be open free-standing structures with galvanised steel supports and a Colourbond pitched roof.



Clause 11.03-1 Activity centre network

The objective of this clause is to develop activity centres as a focus for high-quality development, activity and living for the whole community by developing a network of activity centres. Strategies support the development of diverse centres of varying size and function which are provided with a level of retail, residential, social and transport infrastructure to support the centre’s role and function.

Clause 11.14 Loddon Mallee South

This policy outlines broad objectives for land use and development within the Loddon Mallee South region. The plan includes objectives of strengthening and diversifying the economies of small towns such as Maldon.

Clause 15.01 Urban environment

Policy in this clause offers broad guidelines for the design of urban areas, subdivisions and buildings. Relevant policy aims to ensure development responds to the local context and provides energy efficient development through design and location close to services and transport. Urban environments should be functional and provide a sense of place and cultural identity.

Clause 15.03 Heritage

Strategies within this policy aim to protect and enhance places of heritage significance. Development should respond to the specific heritage qualities of a place.

Clause 16 Housing

This policy includes broad support for diversified provision of housing, and ensuring the efficient provision of supporting infrastructure.

New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. Planning for housing should include providing land for affordable housing.


Clause 19 Infrastructure

This policy includes broad support for ensuring the efficient, equitable, accessible and timely provision of physical and social infrastructure, recognising the need for a wide range of services and facilities, and supporting the structuring of settlement growth in a planned manner which allows for the logical and efficient provision of infrastructure.



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.

This policy identifies the unique and identifiable role and identity of the Shire’s townships through a settlement hierarchy. The Mount Alexander Strategic Framework Plan identifies broad strategic issues and directions for the municipality.

Maldon is identified as a district centre providing local service needs of the township and adjoining rural areas. The important role of tourism relating to 19th century streetscapes is highlighted.

Clause 21.03-1 Urban growth

This clause offers an overview of the Shire’s urban growth. The preferred settlement pattern for identifies Maldon as growing through urban containment with limited expansion to the urban area. Strategies include supporting development that is consistent with specific framework plans which are outlined in clause 21.12.

Clause 21.03-2 Urban consolidation

This policy recognises the social, economic and environmental outcomes that can be realised from encouraging a more compact urban form. This supports the policy outlined for Maldon in clause 21.03-1 which aims to provide additional housing within the existing urban form.

Clause 21.07 Built environment and heritage

This policy outlines general characteristics of the Shire’s urban areas and major vehicle routes. Policy aims to provide increased development that responds to unique character of individual areas and delivers positive urban design and sustainability outcomes.

This clause also recognises the important heritage qualities of Maldon. Policy guidelines require consideration of specific policy in the planning scheme and also the Maldon Design Guidelines, amongst other things, which deciding on applications.

Clause 21.08-1 Housing location and diversity

This clause recognises the need for greater need for housing diversity within the Shire and the close connection this has to wellbeing of a changing community. This policy recognises the aging population of the Shire, being older than the State as a whole, and a greater number of lone and single person households.

Strategies aim to promote development of smaller dwellings, preferably within infill locations.



The Shire’s considerable infrastructure assets are outlined in this policy. Maldon is identified as having sufficient capacity in the sewer network to accommodate forecast population growth. Upgrading old stormwater infrastructure to accommodate new growth is identified as a key issue.

Clause 21.12-3 Maldon

This policy includes specific policy relating to the land use and development of Maldon. Maldon is the second largest town in the Shire and is recognised for its heritage significance. The site is located within the established township boundary where residential growth is preferred to occur.

Zoning

Clause 34.01 Commercial 1 Zone (C1Z)

A permit is required for the use and development of dwellings in the Commercial 1 Zone, and for subdivision.

In addition to implementing the SPPF and the LPPF and other relevant policy within the Planning Scheme the purpose of this zone is specifically:

• To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

• To provide for residential uses at densities complementary to the role and scale of the commercial centre.

The relevant decision guidelines under this zone include the objectives and design standards of Clause 55 (Rescode).

Overlays

Heritage Overlay (HO319)

The HO319 Heritage Overlay listing covers this site, and relates to the adjacent residential dwelling on 7 Templeton Street. The site is also within the wider area of the HO444 precinct listing for the purpose of assessment against the Maldon Design Guidelines, but the site specific HO319 listing takes precedence over it as an overlay schedule listing.

Decision guidelines of the Heritage Overlay require consideration of whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage area.

The Maldon Design Guidelines as an incorporated document provides further guidance on design features which are appropriate to the unique heritage values and aesthetics of heritage listed sites within Maldon.


Clause 52.01 Public Open Space Contribution

Where a subdivision will result in a need for more open space having regard to a variety of factors such as the impact of the proposal on population density, Council may require a Public Open Space contribution to be provided as a planning permit condition.


Clause 52.06 Car Parking

The purpose of clause 52.06 is to ensure the appropriate number of car parking spaces are provided to an activity on a site.

Clause 55 (Rescode) Two or more dwellings on a lot and residential buildings

The purpose of clause 55 includes encouraging residential development that provides reasonable standards of amenity for existing and new residents, and that is responsive to the site and the neighbourhood, with an extensive set of design standards. A detailed assessment against the requirements of clause 55 has been made and is provided as an appendix to this report.

Issues

Policy support

The proposal is supported by a wide range of policy within the Mount Alexander Planning Scheme which recognises the need to accommodate future populations and actively encourages urban consolidation and infill development where it is considered appropriate.

The proposed dwellings would be located within the Commercial 1 Zone and well within the extent of existing residential development. The proposed development is an infill development within easy walking distance to the town centre and a variety of services. Use of the land for residential purposes has a better outcome for neighbours than some other commercial uses that are as-of-right in a commercial zone. There is also other vacant commercial land within Maldon that could accommodate new commercial uses that wish to locate in Maldon.

State policy requires development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Policy specific to Maldon requires development accord with the character and context of the town and surrounding landscapes.

The development is a modest scale with a design that can fit into the site as a suitable transition between the dense commercial development to the South and the residential lots to the north, while respecting the heritage qualities of the site and precinct. The development provides adequate setbacks to all property boundaries and adopts traditional design features to satisfy the Maldon Design Guidelines.

Density of Development

Objectors raised issues of development density, that the dwellings and lots are too small, whereas Maldon as a whole could be characterised by standalone dwellings with large setbacks on large lots with large open space areas and gardens.

This is true of many parts of Maldon, particularly outer areas. This site sits in a different context, close to the town centre (within 250 metres of the supermarket), on the edge of a commercial area that has a higher density of development consisting of a varied mix of shop buildings built to the street frontage, halls, churches, and some standalone dwellings.

As outlined in Clause 21.08-1 Housing; ‘The population of Mount Alexander Shire is ageing and households are getting smaller. Compared with Victoria as a whole, the Shire has an older age profile, fewer family households and more single (or lone) person households (ABS, 2011).’


This demographic change is one reason for the large amount of local and State planning policy which supports creating a wider diversity of housing types, including smaller 2 bedroom dwellings as well as larger traditional 3 and 4 bedroom family homes. Similarly, there is strong policy support for considering higher density development on infill sites within existing townships where residents can easily walk to local shops and services.

The critical factor with higher density infill housing is that the design is appropriate to the site and surrounding area. Assessment of this is made against Clause 55 and the Maldon Design Guidelines.

As a general comment, the development repeats the standalone nature of housing in Maldon, with detached buildings, setbacks from every property boundary, no townhouse-style shared walls on boundaries other than the open sided garages. The dwellings also satisfy all Clause 55 requirements for open space, and a suitably detailed landscaping plan is recommended as a permit condition requiring a semi mature tree for each dwelling.

The development is located within walking-distance proximity to the town centre and provides a housing option which fits with changes in Maldon’s local demographics.

Clause 55 (Rescode) Assessment

A detailed assessment against the requirements of clause 55 has been made and is provided as an appendix to this report. Overall, the proposal has a high level of compliance with the requirements of Rescode. This indicates a suitable design in regards to features such as the provision of open space, siting and availability of sunlight to habitable rooms, provision of privacy, and other design details.

Car parking

Table 1 to clause 52.06-5 outlines the number of car parking spaces to be provided for specific uses. The table specifies one space is to be provided for each one or two bedroom dwelling, two spaces for each three or more bedroom dwelling and one visitor space for every five dwellings for developments of five dwellings or more.

The proposal supplies all car parking as required for each individual dwelling, one space for each two bedroom dwelling and a tandem space for the three bedroom dwelling.

Heritage Assessment and compliance with the Maldon Design Guidelines

A large number of objections were made about how the design of the development would fit within the heritage streetscape and lack of compliance with the Maldon Design Guidelines.

Council’s Heritage Advisor has recommended support subject to permit conditions. These recommended conditions are included in Condition 1 of the recommendation. The advice received from the Heritage Adviser is:

‘..The Guidelines state that new buildings should relate well to the significant character of the surrounding area. It is considered that the proposal responds in a positive manner to the character of the streetscape where it is residential in nature, whilst providing a frontage width for each house that is generally smaller than many in Maldon.

The setback from the street (if any) for new buildings and works within HO444 should respond to the predominant siting of the area. The proposal provides a setback that is somewhere between the zero lot setbacks of buildings opposite the subject site and


adjacent properties with a larger setback. This is considered to be an acceptable outcome.

Scale and bulk (described in terms of size and roof pitch) of new buildings needs to respond to the average roof pitch of identified neighbouring buildings. This appears to be approximately 30 - 40 degrees which is consistent with at least part of the building form of each of the new houses. The gabled roofs conform, however the areas of low pitched roof may not. However the low pitched sections are at the rear of the houses, not unlike many examples in Maldon where extended low pitched skillion roofs are evident. In the manner in which these sit neatly under the eaves of the higher roof forms, this is considered to be acceptable.

In all cases the materials, colours and finishes to be used in the new buildings and works must conform with Schedules 1 & 2 of the Maldon Design Guidelines. The proposal conforms to these in the use of red brick and timber weatherboard.

Conclusion

That the proposal responds in a positive manner to the setting and character of Maldon and conforms to the principles of the Maldon design Guidelines.

Recommendation

That the proposal could be permitted (subject to the assessment of other planning considerations). A final schedule of colours and materials should be prepared for endorsement prior to construction commencing.’

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, 20 objections were received. Issues raised by objectors have been summarised below.

Requests for verandahs, traditional windows and doors on the facades, and the removal of metal battens as a cladding material.

These changes have been made in the set of amended plans provided by the applicant in response to such feedback.

Passive solar design and energy efficiency concerns

The living areas and private open space both have good access to northern sunlight, and front verandahs providing shade have been added with amended plans as suggested.

Loss of views through to the church at 50 High Street (to the rear) and impact upon the streetscape in an area with many significant heritage listed buildings.

VCAT case law is very clear that there is no set right to a view, and that it would be highly unreasonable to require a residential lot to remain completely undeveloped for this reason. The development is single storey and would still maintain views to the church.

The proposal is considered to be design responsive in this streetscape as it incorporates traditional architectural features, colours and materials and aligns with the Maldon Design Guidelines.

Concerns the dwellings are not setback far enough from the street


As outlined in the Clause 55 assessment, the neighbouring church hall to the South is built up to the street frontage, while the neighbouring dwelling to the North is setback 7 metres from the street frontage, resulting in an average setback of 3.5 metres to be provided under the standard. The proposal has setbacks of 3 metres to dwelling 1 and dwelling 2, and 4 metres to dwelling 3 which is adjacent to the well setback neighbouring dwelling.

This is considered to be appropriate, providing setbacks closely aligned to the standard and providing a suitable transition between the minimal or zero setbacks of the commercial area and the greater residential area setbacks. While the front setbacks are modest, open front verandah areas add to this space, and much larger backyard and side garden areas provide adequate space for recreation and for the planting of trees and larger vegetation.

Concerns that the dwellings are too small and too high density.

As discussed in detail earlier in this report under the heading ‘density of development’ in the assessment of significant issues, a slightly higher density alone does not warrant refusal of the application. The more important related questions to be considered are around ensuring the design of any development provides appropriate open space and amenity and suitably fits into the site and surrounding area. The proposal satisfies these requirements and presents as a well-designed proposal.

Lack of vegetation and potential impacts on existing neighbouring trees

The plans have been amended to avoid impacting street trees in the road reserve, and the design provides side setbacks to all boundaries which help to avoid impacts to trees on neighbouring properties. A detailed landscaping plan, with suitable tree plantings, would be required as a permit condition.

Need for an appropriate and detailed colour scheme which complies with the Maldon Design Guidelines

This would be required as a permit condition, with colours required to comply with the guidelines and to be to the satisfaction of the heritage advisor.

Lack of consistent, appropriate boundary fencing.

This would be required to be suitably addressed as a permit condition.

Suggestions that the property should be kept vacant as a public asset

The land is private property and could not legally be required to be provided as a public asset without the purchase of the land and adequate compensation of the landowner at very substantial cost.

The community could consider making an offer to the site owner and maintaining community ownership of the land.

Alternative Options

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


Assessment of the application is made using operational budget.

Should Council refuse to grant a planning permit the applicant could seek review of the decision at the Victorian Civil and Administrative Tribunal. Given officer’s


recommendations for a Notice of Decision to Grant a Permit, a consultant would undertake an appeal at VCAT with resource implication of approximately $8,000 - $10,000.

Should Council issue a Notice of Decision to Grant a Permit objectors could seek review of the decision at VCAT. In this instance council officers would represent council at VCAT, through operational budget.

Consultation

Advertising


Twenty (20) objections were received.

An applicant-objector meeting was held on 16 February 2017 at the Maldon Hospital meeting room.

At this meeting various matters were discussed; including the changes to the application with amended plans to avoid trees, the size of the setbacks, and the style, features and materials of the design.

Following this meeting amended plans were submitted by the applicant on 29 March 2017, which reduced townhouse 3 to two bedrooms, increased setbacks, and altered the façade design and materials including the addition of verandahs.

The amended plans were subsequently forwarded to all objectors and the heritage officer to provide the opportunity for any further comments based on the revised plans. Six objectors provided further comments and the heritage advisor provided revised advice based on the amended plans.

External Referrals

• Coliban Water No objection subject to conditions.

• Powercor No objection subject to conditions.

• Downer/Ausnet (Gas) Services No objection subject to conditions.

Internal Referrals

• Infrastructure Unit No objection subject to conditions.

• Parks and Gardens No objection, no conditions.

• Heritage advisor No objection subject to conditions.


ECO 15 PLANNING PERMIT APPLICATION 193/2016 - USE AND DEVELOPMENT OF A DWELLING AND OUTBUILDINGS ON LOT 10 OF PS518277S, 2500 HARMONY WAY, ELPHINSTONE


Executive Summary

Council has received an application for use and development of a dwelling and outbuilding on lot 10 of PS518277S, 2500 Harmony Way, Elphinstone. The site is located within the Farming Zone and is covered by the Environmental Significance Overlay (ESO1) and Design and Development Overlay (DDO1).

This application has been referred to Council for a decision as officers are recommending refusal.


The application has not demonstrated that a dwelling is needed to support or enhance a new farming activity. Farming activity is already undertaken on the land associated with a dwelling at 2632 Calder Highway, Elphinstone.

The application has been assessed against the provisions of the planning scheme and does not meet the relevant requirements. The state and local provisions of the planning scheme place a strong emphasis on protecting agricultural land zoned farming for on-going agricultural use, and avoiding dwellings adversely affecting agricultural uses.

It is therefore recommended that this application be refused.

RECOMMENDATION

That Council issue a Notice of Decision to Refuse a Planning Permit for use and development of a dwelling on lot 10 of PS518277S, 2500 Harmony Way, Elphinstone on the following grounds:

1. The proposed use and development of a dwelling is contrary to State Planning Policy Framework and Local Planning Policy Framework, more specifically, Clause 14.01-1 – Protection of Agricultural Land, Clause 16.02-1 – Rural Residential Development, 21.06-1 Protection of Agricultural Land & Clause 22.04 Use and development of land in the Farming Zone and Rural Living Zone;

2. Use and development of a dwelling is contrary to the purpose and decision guidelines of the Farming Zone;

3. Use and development of a dwelling would not retain productive agricultural land; and

4. Use and development of a dwelling would not support and enhance agricultural production.





CARRIED.


Context

The purpose of this report is to enable Council to make a determination on Planning Permit Application 193/2016 for the use and development of a dwelling and outbuilding on lot 10 of PS518277S, 2500 Harmony Way, Elphinstone. The application has been referred to Council for a decision as officers are recommending refusal.

Refer to:

Attachment ECO 15A: Context and site aerial Separate Attachment ECO 15B: Final plans submitted with application Separate Attachment ECO 15C: Farm Plan of Application PA163/2016

Proposed Use and Development

The application was lodged on 23 August 2016 and seeks approval for the use and development of a dwelling and outbuildings.

The irregular shaped subject site for the proposed dwelling and outbuildings, Lot 10 on PS518277S, is only 5.42 hectares in size. The site is bounded by Pollards Road to the north, Calder Freeway to the east and Harmony Way to the west. The site is approximately 3 kilometres north-west of Elphinstone.

It is noted that the planning consultant’s report provided by the applicant suggests the use of two adjacent lots for farm plan activities. These lots are vacant pasture; Lot 9 on PS518277S which is 2.365 hectares in size, and Lot 8 on PS518277S which is 2.418 hectares. However, there is no consolidation of these lots proposed.

The subject site is located within the Farming Zone and is covered by the Environmental Significance Overlay (ESO1) and part Design and Development Overlay (DDO1). The surrounding land is zoned farming and the majority of the lots in the area are primarily used for stock grazing, with some dwellings on large lots that might be characterised as hobby farms.

The proposed dwelling is a conventional single storey design with weatherboard wall cladding, a pitched Colourbond roof, and surrounding verandah. It would have 4 bedrooms, two bathrooms, an open-plan kitchen/dining/lounge room, and a laundry. Including verandah, the dwelling would be 25 metres long and 11.37 metres wide, for a total floor area of 284 square metres.

The outbuildings consist of a large 18 metre long, 9 metre wide grey Colourbond shed with a pitched roof and a floor area of 171 square metres, and a smaller 7 metre long, 7 metre wide grey Colourbond garage with a pitched roof and a floor area of 49 square metres.

The proposed dwelling and outbuildings and associated works would be spread over a large 800 square metre area, with the dwelling itself setback 100 metres from the northern property boundary and 41 metres from the western property boundary.

The new dwelling would gain access via a new driveway and crossover to Harmony Way.

The planning consultant’s report provided by the applicant contains a very brief ‘proposed whole farm plan’ proposal that simply outlines the following:

• Various gardens, trees and a vegetable patch could be planted within the building envelope area around the dwelling.


• It is proposed that the undeveloped remainder of the lot could still be used for some form of undefined grazing.

• Various mostly existing windbreak/aesthetic tree plantings around or adjacent the perimeter of the property are highlighted or proposed. Most of these are existing plantings in adjacent Council and VicRoads road reserves, with the exception of proposed plantings on the southern property boundary. It can be noted that southern boundary plantings were already meant to have been established as a permit condition of PA163/2010.

The brief plan also suggests carrying out weed and fire risk management.

No native vegetation is proposed to be removed other than any minimal vegetation removal required for the creation of a new driveway through the heavily treed adjacent road reserve.

History

The subject site, lot 10 on PS518277S, is one of several in the same ownership. This includes to the south lots 8 and 9 on PS518277S, and Lot 1 on PC372358 which previously consisted of lots 4, 5 and 6 on PS518277S prior to consolidation.

The same permit applicant has previously received approval under planning permit PA163/2010 for the construction of a dwelling and outbuildings (sheds) on property to the south subject to the aforementioned consolidation of lots and a farm management plan. This permit was issued under delegation.

The endorsed farm management plan proposed to use several lots for agricultural horse grazing activity, including the subject site lot 10 on PS518277S, and also lots 8 and 9 on PS518277S.

Condition 4 of Planning permit PA163/2010 reads as follows:

‘The Farm Management Plan endorsed as part of this development must be implemented to the satisfaction of the Responsible Authority. Plantings proposed shall be commenced within two years of the completion of the dwelling hereby approved, maintained and incrementally increased until completed as proposed, to the satisfaction of the Responsible Authority.’

The endorsed plans and farm management plan clearly shows and refers to horse grazing and cropping activities across all the lots in the same ownership including lots 8,9 and 10 (the subject site) on PS518277S. It also includes various planting activities to be carried out.

The wording of the condition requires that the plantings and activities outlined in the farm plan must be implemented (commenced), but unfortunately there is no requirement in this condition that the farming (grazing) activity be continued, despite that having been a key part of the PA163/2010 proposal.

While there is technically no legal requirement that the area previously proposed to be used for farming activity cannot be used for further dwellings, to approve such further development reduces the area available for farming activity and would set a poor precedent, especially as there are two further lots in the same ownership (lots 8 and 9). These lots are again proposed to provide for farming activity but are not intended to be consolidated. This potentially keeps them available yet again for further residential development.


There was also another permit application PA144/2015 to use the subject site for a free range egg farm, which lapsed as requested further information was never provided.






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













• The Mount Alexander Shire’s townships and rural environs engender an identifiable character which reflects the areas unique heritage, its beautiful landscapes and the quality of life.

• The Shire Council will seek to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable so as to secure an improved economic future, enhance the lifestyle quality of the community and maintain the unique heritage character.

The accompanying map seeks to support productive use of agricultural land and protect water catchment areas.

Clause 21.04-1 Biodiversity

This clause outlines the current state of the Shire’s biodiversity, much of this focusing on native vegetation. Some of the key threats to biodiversity in the Shire are identified as


being related to clearing of vegetation for agriculture, urban and other uses.






• Promote agriculture and horticulture as the primary land uses in the Shire unless other land uses are strategically justified.

• Discourage fragmentation of agricultural land if they are likely to lead to a non-agricultural use.

• Discourage the development of dwellings in areas of moderate agricultural land quality unless they are directly linked to and will benefit an agricultural use.



This clause aims to protect and improve water quality and quantity in the Shire. 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.





• Clause 21.03 to provide for rural living development in identified areas. • Clause 21.03 to ensure that rural living development is economically sustainable. • Clause 21.06 to protect the land resources relied upon by agriculture.



Zoning

Clause 35.07 Farming Zone

The land is far less than 40 hectares (only 5.42 hectares), and the use of land for a ‘dwelling’ is a Section 2 Use for which a permit is required under Clause 35.07-1 of the Farming Zone.

Building and works associated with a Section 2 Use also require a permit under Clause 35.07-4 of the Farming Zone.

A planning permit is not required to consolidate land.

Overlays


The environmental objective is to ensure the protection and maintenance of water quality and water yield within the Eppalock Water Supply Catchment Area as listed under Section 5 of the Catchment and Land Protection Act 1994.

Under Clause 42.01-2 (ESO) a permit is required to construct a building or construct or carry out works.

A planning permit is not required to consolidate land under this clause.

Clause 43.02 Design and Development Overlay

The design objective of this clause is to ensure that any new development of land near the future alignment of the Calder Freeway is undertaken with appropriate noise attenuation measures to minimise the impact of traffic noise on noise sensitive activities.

No permit is required under this clause as the proposed building and works are located outside the area covered by the overlay, as is appropriate.

A planning permit is not required to consolidate land under this clause.


Clause 52.17 Native Vegetation

The objective of this clause is primarily to ensure that the permitted clearing of native vegetation results in no net loss to Victoria’s biodiversity.

A planning permit is not triggered under this overlay for the removal of native vegetation to create vehicle access across a road reserve from a public road to a property boundary, provided that there is no opportunity to avoid the vegetation removal and the access is only of a minimal width. This could be ensured with permit conditions if a permit were to be granted.

Issues

The site has been included as part of the farming land for the 2010 planning permit (PA163120) issued for development of a dwelling and sheds at 2632 Calder Highway, Elphinstone.

While this in itself does not preclude a land owner from seeking to further intensify residential development in a farming zone, it does require the holder of PA163/2010 to


consider how they continue to meet the obligations of that permit. At this time, the permit holder has not addressed this matter.

Farming Zone

The purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture. A dwelling on land zoned Farming is explicitly a non-agricultural activity.

The following reasons have been provided by the applicant to justify why a dwelling on each lot is required on the land:

• The dwelling would potentially support the grazing of animals. • The dwelling would potentially enable better preservation and enhancement of the

site’s biodiversity.

Use and development of a dwelling and associated outbuildings would not enhance and support agricultural production on the subject site. The submitted reports provide insufficient justification to demonstrate how the proposed use and development will enhance agricultural productivity on the land. The proposed agricultural activity, grazing, can already occur and can easily continue to be undertaken in the absence of a dwelling on each lot.

This is also true of the basic land management practices proposed. The construction of a dwelling on each lot is not a prerequisite for the establishment of an agricultural use, nor for basic land management, as suggested in the planning report. Further the suggested agricultural activities are poorly defined, with no details of even what species or numbers of animals might be grazed, and this activity appears to be speculative in nature. The predominant land use will be primarily residential rather than agriculture, an outcome not supported by policy.

Council’s Rural Land Study, 2014, classifies the land quality of the subject site as class 3 Moderate. Class 3 is identified as ‘sound grazing and moderate cropping land but limited in versatility.’ The subject site has currently been used for horse grazing in the absence of a dwelling. The proposed use and development of a dwelling on each lot would result in the loss of existing productive agricultural land.

A dwelling and associated outbuildings would only serve to increase the perception of a cluster of rural living properties. The proliferation of dwellings in a Farming Zone limits the availability of productive land and the opportunities for expansion of adjoining and nearby agricultural uses. Furthermore dwellings can potentially contribute to increased land values, give rise to land use conflicts and remove land from agricultural / farming activity, which can impact negatively on agricultural production.

The lack of any consolidation element to the proposal makes it unlikely that lots 7 and 8 will actually be used for farming activity ancillary to lot 10, and instead this proposal may act as a precedent to support similar residential development of these lots in future.



There is a clear theme throughout State and local policies particularly Clause 11.05-3, 16.02-1, 21.06-1 and Clause 22.04, to focus rural living into areas zoned for that purpose and to discourage the use of existing old Crown allotments in the Farming Zone for rural living purposes.


Within the Shire, the only areas specifically designated for rural living are around Castlemaine. It is clear that the proposed use and development of a dwelling is contrary to relevant policy. The proposed use and development of a dwelling should not be supported as it would remove land from agricultural production and undermine the intent of the Zone.

Council’s Strategic Planning unit have advised that:

‘Strategic Planning does not support the planning application PA193/2016, and recommends refusal.

..The land is rated moderate in the Agricultural Land Quality Units Map for the Shire, and the total land holding is over 15ha in size (this planning permit only relates to three of the four titles, on a total of 10ha). This land is substantially larger than many other successful horticultural businesses. Clause 21.06-1 Objective 1, Strategy 1.4 specifically states Discourage the development of dwellings in areas of moderate agricultural land quality unless they are directly linked to and will benefit an agricultural use. The subject site is approximately 900m from the current termination point of the Coliban Water irrigation pipeline.

The application includes a Land Management/Farm Management Plan. This does not provide any commitment to agriculture, but does indicate ‘grazing area’. There is no indication of what intensity this will be, or justification that a dwelling is required to support the grazing.

The application does not appear to have adequately assessed farming opportunities on the site, nor has it assessed any other uses that would generate economic activity for the area. There is an existing dwelling (with permits issued to the current applicant) on the lot completed 18 months ago, demonstrating that the owners already have a dwelling on the lot.

Notes: Strategic Planning are preparing a discussion paper for land along the Calder Corridor, including current and potential future land uses and whether the current planning provisions are appropriate. The subject site is within this investigation area. It is anticipated the discussion paper will be provided to Councillors in 2017. It is recommended the applicant wait until this review is complete to consider their application.

..The development of dwellings on the subject land will significantly reduce the adaptability of the land, and the ability for the land to generate economic activity for the local economy.’

Environmental Significance Overlay

The subject site is within Lake Eppalock Catchment Area. The comments of the relevant Water Board must be considered when deciding upon an application to use and develop land in a water supply catchment area.

The proposal included a detailed Land Capability Assessment which has been reviewed by both Council’s Environmental Health Officers and Goulburn−Murray Water, and both have concluded that water quality issues can be properly addressed and suitable setbacks from waterways provided.

Use and development of the dwelling will not impact the environmental objectives of the overlay.


Alternative Options

Council could approve the application, however the application does not comply with the Planning Scheme.



Consultation

Advertising


No objections were received.

External Referrals

• VicRoads No objection subject to conditions

• Goulburn Murray Water No objection subject to conditions

• North Central Catchment Management Authority (NCCMA) No objection subject to a permit note

• Department of Environment Land Water and Planning (DELWP) No objection subject to a permit note

Internal Referrals

• Infrastructure Unit No objection subject to conditions

• Environmental Health No objection subject to conditions

• Environment Objection: concerns were raised that the application proposed vehicle access at a location likely to require significant earthworks and tree removal. This could possibly be addressed with revised planning permit conditions requiring better plans and changes to the access.

• Strategic Planning Objection: As outlined previously, the proposal does not align with the agricultural purpose of the current farming zone, and while a future review of the harmony way corridor area zoning is planned this specific site is in an area with good farming potential


ECO 16 PLANNING PERMIT APPLICATION 211/2016 – BUILDINGS AND

WORKS TO INSTALL A TOILET BLOCK AT CA10 SECTION 11A PARISH OF FRYERS – 86 CASTLEMAINE STREET FRYERSTOWN


Executive Summary

Council has received an application for buildings and works associated with the installation of a toilet block at CA10 Section 11A Parish of Fryers, 86 Castlemaine Street Fryerstown.

The site is located within the Township Zone and is covered by the Heritage Overlay (Schedule 1148) and Bushfire Management Overlay.

The application is incomplete as the ownership requirements of Section 48 of the Planning and Environment Act 1987 have not been satisfied.


RECOMMENDATION

That Council issue a Notice of Decision to Refuse a Planning Permit for buildings and works to install a building (toilet block) at CA10 Section 11A Parish of Fryers, 86 Castlemaine Street Fryerstown, on the following grounds:

1. The application is incomplete as the ownership requirements as outlined by Section 48 of the Planning and Environment Act 1987 have not been satisfied.




CARRIED.

Councillor Taylor requested that it be noted that he did not vote on the matter.


Context

The purpose of this report is to enable Council to make a determination on Planning Permit Application 211/2016 for buildings and works to install a building in the form of a toilet block at CA10 Section 11A Parish of Fryers, 86 Castlemaine Street Fryerstown. The application has been referred to Council for a decision as officers are recommending refusal due the application being incomplete.

Refer to:


This application was lodged on 15 September 2016 and seeks retrospective approval for the installation of a toilet block on the land.

The subject site is located in Fryerstown on the southeast side of Castlemaine Street, south of the Burke and Wills Hall and adjacent to an existing toilet block building. The site is one of five parcels that make up the larger property known as 86 Castlemaine Street. Overall, the site measures approximately 1.1 hectares.

The subject site is located within the Township Zone and is covered by the Heritage Overlay (Schedule 1148 – Burke and Wills Mechanics Institute) and the Bushfire Management Overlay. Surrounding land is zoned Township, with a mix of vacant lots and properties developed with single dwellings. The land to the immediate north containing the Burke and Wills Hall and land further east at the end of Camp Street is within the Public Park & Recreation Zone.

The toilet block structure is a building site amenities facility. The building is clad in horizontal ribbed Colorbond aluminium. It has recently been painted in a dark grey colour.

The toilet block is located 3.4 metres to the south of the existing hall building, 5.55 metres from the southwest boundary and 19.65 metres from the Castlemaine Street frontage. It measures 6.03 metres by 3.02 metres and has a height of 3.05 metres. The toilet block contains two male cubicles and four female cubicles, in addition to individual basins.

The applicant has advised that the purpose of the toilet block is to cater for events conducted at the hall, including the Fryerstown Antique Fair (held over three days in late January), in addition to the existing brick toilet block positioned at the rear of the hall. Additional portable toilets are also placed on site during the Antique Fair.

The toilet block has been located on the site illegally since early 2016. The Burke & Wills Mechanics Institute Trust was contacted by the Planning Compliance Officer and advised that a planning permit is required for the building.

The applicant is not the owner of the land. Under Sections 47 and 48 of the Planning and Environment Act 1987 (detailed in the next section of the report) the applicant is required to provide a declaration that the owner has been notified of the application. The owner of the land is deceased, so the applicant is unable to satisfy the application requirements.

The applicant has been notified on numerous occasions both directly and through their solicitor that the application cannot be processed without the declaration. The Trust has subsequently placed a caveat on the Certificate of Title advising a claim of adverse


possession, however officers are advised that claim has not been lodged or pursued by the applicant.


Planning and Environment Act 1987

Section 47 (Applications for permits):

(1) If a planning scheme requires a permit to be obtained for a use or development of land or in any of the circumstances mentioned in section 6A(2) or for any combination of use, development and any of those circumstances, the application for the permit must—

a. be made to the responsible authority in accordance with the regulations.

Section 48 (What if the applicant is not the owner?):

(1) If the applicant is not the owner of the land for which the permit is needed, an application must –

a. be signed by the owner of the land; or

b. include a declaration by the applicant that the applicant has notified the owner about the application.

(2) A person must not obtain or attempt to obtain a permit by wilfully making or causing to be made any false representation or declaration either orally or in writing.

Penalty: 60 penalty units

Issues

Proof of land ownership

Council officers are not satisfied that Sections 47 and 48 of the Planning and Environment Act 1987 (the Act) have been satisfied and therefore a planning permit cannot be issued.

In this case, the applicant signed a declaration (as part of the application form) that they have notified the owner about the application. A current Certificate of Title provided with the application however describes the registered proprietor (owner) of the land as “Edward Townsend of Fryerstown in the County of Talbot 0020605 12/06/1871”. Given the registration date, it is inferred that this person is deceased and therefore could not be notified about the application.

The applicant has argued that they and other members of the Trust of the Burke and Wills Mechanics Institute Hall are the entitled owners of the land. Insufficient proof of this has been provided.

The Certificate of Title includes details of a Caveat dated 1/09/2016 that identifies a claim of adverse possession by exclusive occupation by current trustees. There has been no evidence provided by the applicant, however, that demonstrates a genuine attempt to pursue the claim of adverse possession. As such, this caveat alone does not prove ownership.


Furthermore, officers obtained legal advice which confirmed that if Council continues to process the application it could be seen at law as Council acquiescing to the Trust’s claim, which is not Council’s role.

It is noted that planning officers are of the opinion that sufficient time has been given to the applicant to address the ownership issues. Any additional time provided to the applicant would be contrary to the objectives of the Planning and Environment Act 1987.

Given that the application fails to meet the requirements of the Act, the application must be refused.

Aside from the statutory reason to refuse the application, the proposal would raise heritage concerns if it was assessed on its planning merits. A final assessment of the proposal against the provisions of the heritage overlay has not been made. However an inspection of the site highlights a considerable disharmony between the heritage hall and the rather unsympathetic, aesthetically unpleasing toilet block.

Alternative Options

Council could approve the application, however the application does not comply with the Planning Scheme.



Consultation

As the information provided with the application is incomplete, the application has not proceeded to formal notice.

A local resident who is concerned about the illegal development regularly contacts Council staff for an update on this matter and to advocate for an outcome.


ECO 17 PLANNING PERMIT APPLICATION 231/2016 – THE USE AND DEVELOPMENT OF A DWELLING AND ANCILLARY OUTBUILDING AND VEGETATION REMOVAL ON CROWN ALLOTMENT 31, SECTION G1, PARISH OF CASTLEMAINE, 83 COLLES ROAD MOONLIGHT FLAT

SUPPLEMENTARY REPORT


Executive Summary

This supplementary report provides potential conditions for issue of a Notice of Decision to Grant a Permit, as requested by Council at the Ordinary Meeting of 18 April 2017.

The supplementary report also outlines the legal advice Council sought and received about interpretation of the Design and Development Overlay Schedule 4 (DDO4) and whether or not it is open to a person to apply for a planning permit and for a responsible authority to issue a planning permit for a development at 83 Colles Road, Moonlight Flat. There is nothing in the Design and Development Overlay Schedule 4 that specifies a permit cannot be granted to carry out works that are not in accordance with the requirement. Therefore it is open to a person to apply for a permit to construct a second (or third, etc) dwelling in the area covered by the DDO4.

The proposal does not meet the design objectives and decision guidelines of the DDO4, where the DDO4 sought to restrict dwellings in that precinct. Officers continue to recommend refusal, although with revised grounds of refusal.

RECOMMENDATION

That Council issue a Notice of Decision to Refuse a Planning Permit for the use and development of a dwelling and an ancillary outbuilding and the removal of native vegetation (nine trees) at on Crown Allotment 31, Section G1, Parish of Castlemaine, 83 Colles Road, Moonlight Flat, subject to the following grounds:

1. The proposal is inconsistent with Clause 22.08 – Happy Valley/Moonlight Flat Structure Plan and the recommendations of the Happy Valley/Moonlight Flat Strategic Plan (Stage Two – Planning and Design Response Report, 2005); and

2. The proposal does not meet the design objectives of decision guidelines of Design and Development Schedule 4 (Clause 43.02 – 4).



That Council issue a Notice of Decision to Grant a Planning Permit for the use and development of a dwelling and an ancillary outbuilding and the removal of native vegetation (nine trees) at Crown Allotment 31, Section G1, Parish of Castlemaine, 83 Colles Road, Moonlight Flat, subject to the following conditions:

1. LAYOUT NOT ALTERED The development and use as shown on the endorsed plans must not be altered without the further written consent of the Responsible Authority.

2. ENVIRONMENTAL MANAGEMENT PLAN Before a building permit is issued for the dwelling on the land, an environmental management plan for the management and operation of the use which is to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The use must at all times be conducted in accordance with the endorsed plan. The environmental management plan must include: a) overall environmental objectives associated with the use and

development of a dwelling on the land. b) procedures to ensure that no significant adverse environmental impacts

occur as a result of the use c) Environmental weed control measures to ensure that no environmental

weeds as referred in the Department of Sustainability and Environment list may be planted on or allowed to invade the site

d) Measures to control vermin and pests to the satisfaction of the Responsible Authority

e) Measures to retain top soil during the earthworks and tree removal to ensure it can be respread on disturbed ground to prevent erosion to the satisfaction of the Responsible Authority.

f) measures to avoid damage to vegetation stands that are to be retained and to drainage lines.

3. FENCING CONDITION All fencing on the land (including boundaries) must be of an open post and wire construction with a maximum height of 1.2 metres, to the satisfaction of the Responsible Authority.



b) The applicant shall be required to comply with the recommendations and strategies contained in the Land Capability Assessment prepared by James Maw of Ehpic Consulting Group P/L dated August 2016


c) 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.

5. ENGINEERING Engineering Plans

5.1. Prior to commencement of any construction works associated with the development, detailed access and 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. All works constructed or carried out must be in accordance with those endorsed plans. Internal Access

5.2. The internal driveway access shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts. Vehicle Crossing

5.3. Proposed Vehicle crossovers are to be constructed/upgraded to the levels/requirements of Council. No impeding or redirection of existing surface flows is allowed to occur as a result of these works. Where two crossovers are in close proximity, pipes are to be extended through to create one wide crossover servicing both properties. Works within Road reserve

5.4. Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and obtain a permit to occupy the road for works. Drainage

5.5. The development and works on 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 footpath, or onto any adjoining land unless such land has been nominated as a legal point of discharge.

5.6. Storm Water must not be discharged from the subject land other than by means of an underground pipe drain to council nominated point of discharge. The drainage system within the subject land must be designed to the requirements and satisfaction of the council. Internal Drainage

5.7. The legal point of discharge to the development is to the existing internal drainage system. Accordingly storm water runoff from all buildings and paving areas must be drained and connected to the existing drainage.

5.8. Effluent or polluted drainage must not be allowed to discharge beyond the boundaries of the subject land or directly or indirectly into any watercourse. Sediment Control

5.9. The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).


Construction of a dwelling 5.10. The building must only be occupied once all the requirements of this permit

have been completed to the satisfaction of the relevant authority. Removal or Trimming of road reserve trees.

5.11. If the applicant / Property owner require removing or Trimming of trees in the road reserve as part of the works permitted by this planning permit or as part of future works, all the cost of such removal must be borne by the applicant / Property owner. Applicant / Property owner must obtain consent and necessary work permits from the council for such future tree trimmings/ removals prior to commencement of the works.

6. SCHEDULE OF MATERIALS AND COLOURS Before the development starts, a schedule of construction materials, external finishes and colours to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the schedule will be endorsed and will then form part of the permit.

7. GOULBURN MURRAY WATER a) All wastewater from the dwelling must be treated and disposed of in

accordance with the Land Capability Assessment prepared by Ehpic Assessments, dated 24 August 2016. The system must be an EPA approved system, installed, operated and maintained in accordance with the relevant EPA Code of Practice and Certificate of Approval.

b) The wastewater disposal area must be appropriately sized and located in accordance with the Land Capability Assessment prepared by Ehpic Assessments, dated 24 August 2016.

c) 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 of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

d) All construction and ongoing activities must be in accordance with sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991).

8. TREE REMOVAL Only those nine trees indicated on the endorsed plan may be removed to the satisfaction of the Responsible Authority

9. NATIVE VEGETATION OFFSETS In order to offset the removal of nine (9) scattered trees approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements, and is in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual: The offset must: • contribute gain of 0.177 general biodiversity equivalence units;


• be located within the North Central Catchment Management Authority boundary or Mount Alexander municipal district; and

• have a strategic biodiversity score of at least 0.203. Offset evidence Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either: a) a credit register extract from the Native Vegetation Credit Register; or b) a security agreement, to the required standard, for the offset site or sites,

including a 10-year offset management plan to the satisfaction of and approved by the Responsible Authority. Every year, for ten years, after the responsible authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset management plan, to the responsible authority. An offset site condition statement, including photographs must be included in this notification.

Protection of vegetation to be retained All other native trees and vegetation must be protected from damage during the permitted tree removal.

10. CFA Bushfire Management Plan The Bushfire Management Plan (Drawing No: BMP1884, dated January 2016) 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. Mandatory Condition - Maintenance of bushfire mitigation measures 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 and the relevant fire authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

11. 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.


PERMIT NOTES • Works or other activities on public land, which may impact on protected

plants, will require a Protected Flora Licence or Permit under the Flora and Fauna Guarantee Act 1988 (FFG). All native vegetation likely to be impacted should be checked against the Protected Flora List (DELWP2015) to determine whether FFG approvals are required. Protected Flora Permits can be obtained from the department’s regional office.

• To assist applicants meet permit condition requirements, Meeting permit conditions – third party offsets Fact sheet (DEPI 2013) and First party general offset kit (DEPI 2013) are available, Please visit www.depi.vic.gov.au/nativevegetation for further information.

• The adjoining Crown land is not to be used for access, storage of materials or rubbish. Any private use of Crown land requires consent and/or licensing from the Department of Environment, Land, Water and Planning.


CARRIED.


Context

The purpose of this supplementary report is to enable Council to make a determination on an application for the use and development of a dwelling and ancillary outbuilding on Crown Allotment 31, Section G1, Parish of Castlemaine, 83 Colles Road, Moonlight Flat.

Refer to:

Attachment ECO 17A: Pages from Ordinary Meeting of Council Minutes 18 April 2017.

Attachment ECO 17B: Potential Conditions For Notice Of Decision To Grant A Planning Permit.

Attachment ECO 17C: Context and Site Aerial. Attachment ECO 17D Final plans submitted with application

The application was deferred by Council at its meeting on 18 April 2017 to enable officers to advise a set of potential conditions of approval.

Legal advice has also been sought since that meeting on the interpretation of the Design and Development Overlay (DDO) and whether or not it is open to Council to issue a planning permit for a development at 83 Colles Road, Moonlight Flat.

Can a permit be issued under the provisions of Design and Development Overlay Schedule 4?

Design and Development Overlays seek specific design objectives to be achieve for the area affected by the schedule.

In this instance the DDO4 seeks to:

• Protect the significant cultural heritage values of Pennyweight Flat and Pennyweight Flat Cemetery.

• Protect the wide, open views and rural landscape setting of Pennyweight Flat. • Protect the strong sense of place and the visual setting of Pennyweight Flat

Cemetery. • Retain and protect remnant native vegetation. • Ensure that the use of land and land management practices retain the open rural

landscape of Pennyweight Flat and protect the water quality of Moonlight Creek and Forest Creek.

In part the DDO4 seeks to achieve these objectives by including a buildings and works requirements that a permit will only be granted for one dwelling located on Crown Allotment 31A Section G1 at the location shown on Structure Plan 1A and 1B.

As per Council’s legal advice, a requirement in a schedule to the DDO however, is only a mandatory requirement if the schedule to the DDO specifies that a permit cannot be granted to carry out works that are not in accordance with the requirement. This is regardless of how mandatory the words of the requirement are. The word "must" does not itself make a requirement mandatory.

There is nothing in the Design and Development Overlay Schedule 4 that specifies a permit cannot be granted to carry out works that are not in accordance with the requirement. Therefore it is open to a person to apply for a permit to construct a second (or third etc) dwelling in the area covered by the DDO4.


While it is open to the applicant to make a planning permit application, the application must still be assessed against the design objectives and decision guidelines of the DDO4. An assessment against each of these provisions is provided below.

The proposal does not meet the design objectives of the DDO4 for the following reasons:

Protect the significant cultural heritage values of Pennyweight Flat and Pennyweight Flat Cemetery.

The cultural heritage values of Pennyweight Flat include the significant cultural landscape towards the cemetery that place the site in its goldfields landscape context. This includes the rural setting of the Cemetery and the cultural landscape associated with the Forest Creek diggings, which has remained substantially intact since the gold rush period. While the siting of the proposed dwelling has been selected to minimise its views from the Pennyweight Flat Cemetery, this does not prevent it from being visible from other views towards the Cemetery and within the overall Pennyweight Flat area. Further, there are other buildings and works associated with the dwelling (including an outbuilding, driveway and the potential for gardens) that may affect these heritage values.

Protect the wide, open views and rural landscape setting of Pennyweight Flat.

The wide, open views and rural landscape setting is a defining feature of Pennyweight Flat, providing an important goldfields landscape context for the Cemetery site and Pennyweight Flat. As highlighted above, while the siting of the proposed dwelling has been selected to minimise its views from the Pennyweight Flat Cemetery, it has the potential to be visible from other views within the overall rural landscape setting of Pennyweight Flat, along with other buildings and works associated with the dwelling.

Protect the strong sense of place and the visual setting of Pennyweight Flat Cemetery.

The strong sense of place in this instance is associated with the goldfields heritage of Pennyweight Flat and the visual setting is defined by the rural character and its bushland setting. A proposed dwelling on the subject land would impact on this strong sense of place and visual setting.

Retain and protect remnant native vegetation.

The vegetation removal proposed to be removed is nine native trees. This includes five trees to meet the requirements of the Bushfire Management Overlay, three trees to comply with the access requirements under Clause 52.47 and one tree for the dwelling footprint. The original report identified that while there are locations on the site that are clear of vegetation and therefore appear to be more suitable positions for siting of the dwelling, the dwelling would be more visible on these locations due to the natural topography of the site, particularly from and towards the Pennyweight Flat Cemetery. Furthermore, earthworks would also be minimised. Nevertheless, the proposal does not meet this objective.

Ensure that the use of land and land management practices retain the open rural landscape of Pennyweight Flat and protect the water quality of Moonlight Creek and Forest Creek.

It is unlikely that the proposed use of the land for a dwelling would retain the open rural landscape of Pennyweight Flat. While the proposed dwelling has been sited to minimise its views from the Pennyweight Flat Cemetery, the dwelling, its associated outbuilding and other works would still be visible from other views within Pennyweight Flat. In terms of protecting the water quality of Moonlight Creek and Forest Creek, a Land Capability Assessment was submitted with the application that demonstrates how wastewater can


be managed effectively on site. This has been assessed by Council’s Environmental Health Unit and considered to be satisfactory.

With respect to the decision guidelines of the DDO4, the following provides an assessment.

Whether the siting, height and design of proposed building will be in keeping with the landscape and cultural heritage character of the area.

As discussed above, the siting of the proposed dwelling has been selected to minimise its views from the Pennyweight Flat Cemetery. The application also states that the proposed height and single storey design of the dwelling would assist in this. Nevertheless, the landscape and cultural heritage character of the area extends beyond the views from the Cemetery to those of the overall Pennyweight Flat area. This consists of the intact open rural landscape that is associated with the heritage significance of the Forest Creek diggings. The proposed dwelling and associated buildings and works would not be in keeping with this.

Comments of Heritage Victoria in relation to heritage issues.

The application was not formally referred to Heritage Victoria as part of the application process however at the pre-application stage, the applicant met with a member of the Heritage team within Department of Environment, Land, Water and Planning (DELWP) to ensure that the siting of the development would not impact on the heritage values associated with the Pennyweight Flat Cemetery.

Comments of the Department of Sustainability and Environment in relation protection of native vegetation and proposed planting and landscaping.

The proposed vegetation removal was referred to the DELWP and it responded with no objection subject to permit conditions regarding native vegetation offsets requirements.

Comments of the Department of Sustainability and Environment in relation to development of land adjacent to the Castlemaine Diggings National Heritage Park.

The application was referred to DELWP and it responded with no objection subject to conditions.

Comments of the Country Fire Authority in relation to fire risk.

The application was referred to the CFA and it responded with no objection subject to conditions.


ATTACHMENT ECO 17B

POTENTIAL CONDITIONS FOR NOTICE OF DECISION TO GRANT A PLANNING PERMIT

This was requested by Council resolution at the Ordinary Meeting of Council on 18 April 2017.

1. LAYOUT NOT ALTERED The development and use as shown on the endorsed plans must not be altered without the further written consent of the Responsible Authority.

2. ENVIRONMENTAL MANAGEMENT PLAN Before a building permit is issued for the dwelling on the land, an environmental management plan for the management and operation of the use which is to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The use must at all times be conducted in accordance with the endorsed plan. The environmental management plan must include: a) Overall environmental objectives associated with the use and

development of a dwelling on the land. b) Procedures to ensure that no significant adverse environmental impacts

occur as a result of the use c) Environmental weed control measures to ensure that no environmental

weeds as referred in the Department of Sustainability and Environment list may be planted on or allowed to invade the site

d) Measures to control vermin and pests to the satisfaction of the Responsible Authority

e) Measures to retain top soil during the earthworks and tree removal to ensure it can be respread on disturbed ground to prevent erosion to the satisfaction of the Responsible Authority.

f) Measures to avoid damage to vegetation stands that are to be retained and to drainage lines.

3. FENCING CONDITION All fencing on the land (including boundaries) must be of an open post and wire construction with a maximum height of 1.2 metres, to the satisfaction of the Responsible Authority.



b) The applicant shall be required to comply with the recommendations and strategies contained in the Land Capability Assessment prepared by James Maw of Ehpic Consulting Group P/L dated August 2016


c) 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.

5. ENGINEERING Engineering Plans

5.1. Prior to commencement of any construction works associated with the development, detailed access and 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. All works constructed or carried out must be in accordance with those endorsed plans. Internal Access

5.2. The internal driveway access shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts.

Vehicle Crossing

5.3. Proposed Vehicle crossovers are to be constructed/upgraded to the levels/requirements of Council. No impeding or redirection of existing surface flows is allowed to occur as a result of these works. Where two crossovers are in close proximity, pipes are to be extended through to create one wide crossover servicing both properties. Works within Road reserve

5.4. Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and obtain a permit to occupy the road for works. Drainage

5.5. The development and works on 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 footpath, or onto any adjoining land unless such land has been nominated as a legal point of discharge.

5.6. Storm Water must not be discharged from the subject land other than by means of an underground pipe drain to council nominated point of discharge. The drainage system within the subject land must be designed to the requirements and satisfaction of the council. Internal Drainage

5.7. The legal point of discharge to the development is to the existing internal drainage system. Accordingly storm water runoff from all buildings and paving areas must be drained and connected to the existing drainage.

5.8. Effluent or polluted drainage must not be allowed to discharge beyond the boundaries of the subject land or directly or indirectly into any watercourse. Sediment Control

5.9. The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).


Construction of a dwelling 5.10. The building must only be occupied once all the requirements of this permit

have been completed to the satisfaction of the relevant authority. Removal or Trimming of road reserve trees.

5.11. If the applicant / Property owner require removing or Trimming of trees in the road reserve as part of the works permitted by this planning permit or as part of future works, all the cost of such removal must be borne by the applicant / Property owner. Applicant / Property owner must obtain consent and necessary work permits from the council for such future tree trimmings/ removals prior to commencement of the works.

6. SCHEDULE OF MATERIALS AND COLOURS Before the development starts, a schedule of construction materials, external finishes and colours to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the schedule will be endorsed and will then form part of the permit.

7. GOULBURN MURRAY WATER a) All wastewater from the dwelling must be treated and disposed of in

accordance with the Land Capability Assessment prepared by Ehpic Assessments, dated 24 August 2016. The system must be an EPA approved system, installed, operated and maintained in accordance with the relevant EPA Code of Practice and Certificate of Approval.

b) The wastewater disposal area must be appropriately sized and located in accordance with the Land Capability Assessment prepared by Ehpic Assessments, dated 24 August 2016.

c) 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 of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

d) All construction and ongoing activities must be in accordance with sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991).

8. TREE REMOVAL Only those nine trees indicated on the endorsed plan may be removed to the satisfaction of the Responsible Authority

9. NATIVE VEGETATION OFFSETS In order to offset the removal of nine (9) scattered trees approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements, and is in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual: The offset must: • contribute gain of 0.177 general biodiversity equivalence units;


• be located within the North Central Catchment Management Authority boundary or Mount Alexander municipal district; and

• have a strategic biodiversity score of at least 0.203. Offset evidence Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either:

c) a credit register extract from the Native Vegetation Credit Register; or d) a security agreement, to the required standard, for the offset site or sites,

including a 10-year offset management plan to the satisfaction of and approved by the Responsible Authority. Every year, for ten years, after the responsible authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset management plan, to the responsible authority. An offset site condition statement, including photographs must be included in this notification.

Protection of vegetation to be retained All other native trees and vegetation must be protected from damage during the permitted tree removal.

10. CFA Bushfire Management Plan The Bushfire Management Plan (Drawing No: BMP1884, dated January 2016) 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. Mandatory Condition - Maintenance of bushfire mitigation measures 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 and the relevant fire authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

11. 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.


PERMIT NOTES • Works or other activities on public land, which may impact on protected

plants, will require a Protected Flora Licence or Permit under the Flora and Fauna Guarantee Act 1988 (FFG). All native vegetation likely to be impacted should be checked against the Protected Flora List (DELWP2015) to determine whether FFG approvals are required. Protected Flora Permits can be obtained from the department’s regional office.

• To assist applicants meet permit condition requirements, Meeting permit conditions – third party offsets Fact sheet (DEPI 2013) and First party general offset kit (DEPI 2013) are available, Please visit www.depi.vic.gov.au/nativevegetation for further information.

• The adjoining Crown land is not to be used for access, storage of materials or rubbish. Any private use of Crown land requires consent and/or licensing from the Department of Environment, Land, Water and Planning.


9.4. BUILDING SUSTAINABLE COMMUNITIES (COM)

COM 21 ADOPTION OF THE 2017/2018 BUDGET

Responsible Director: Director Corporate and Community Services Responsible Officer: Executive Manager Business Performance Original Document: DOC/17/24933

Executive Summary

Having prepared and publicly displayed the Proposed Budget 2017/2018, and having received and heard from submitters and considered all submissions received, Council is now able to formally adopt the Budget 2017/2018.

RECOMMENDATION

That Council, having received, heard and considered submissions on the Proposed Budget 2017/2018:

1. Adopt the Budget 2017/2018, including a reduction of $2,255,337 in Financial Assistance Grant funding (now received in 2016/2017), and other minor amendments from the advertised proposed budget;

2. Give notice of this decision to adopt the Budget 2017/2018, in accordance with Section 130(2) of the Local Government Act 1989;

3. Note that $22,252,000 is to be raised by the application of rates and charges declared under Section 158, Section 159 and Section 162 of the Local Government Act 1989;

4. Formally declare the Rates, Levies and Annual Service Charges for the 2017/2018 rating year as follows:

i. In accordance with Section 158, Section 159 and Section 162 of the Local Government Act 1989, the following rates and charges are declared for the rating year commencing 1 July 2017 and ending 30 June 2018.

ii. An amount of $22,252,000 (or such other amount as is lawfully raised as a consequence of this resolution) be declared as the amount which Council intends to raise by general rates, municipal charge and annual service charges, which amount is calculated as follows:

• General Rates $17,117,000

• Municipal Charge $1,079,000

• Service Charges $3,996,000

• Supplementary Rates $60,000

• Total $22,252,000

5. Declare a General Rate in respect of the 2017/2018 Financial Year;


6. Further declare that the General Rate be raised by the application of Differential Rates;

7. Respectively, declare a Differential Rate for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

• General Rate

The general rate applies to all rateable land except that which is classified under another differential rate.

• Farm Rate

All rateable land that is used solely for the purpose of farming as defined in Section 2(1) of the Valuation of Land Act) save and except for properties which have an area of 20 hectares or less (excluding properties which qualify as a single farm enterprise)

• Land Management Rate

All rateable land which has previously satisfied Council’s Farm Rate criteria and have satisfied Council’s guidelines for land management activities over a 12 month period.

• Vacant Land Rate

All vacant rateable residential land that does not have a dwelling.

• Commercial Rate

All commercial rateable land, being land that is occupied for the principal purpose of carrying out the manufacture or production of, or trade in, goods or services.

• Recreational Rate

The Recreational Rate applies to all rateable land upon which sporting, recreational or cultural activities are conducted and including buildings which may be ancillary to such activities. These properties have a rate of zero set in accordance with the Cultural and Recreational Lands Act 1963.

• Trust for Nature Covenant Rebate

A Trust for Nature Covenant Rebate applies to that portion of land that is covered by the Covenant. A Municipal Charge still applies.

8. Determine each differential rate by multiplying the Capital Improved Value of each rateable land (described at Point 7 of this resolution) by the relevant percentages of Capital Improved Value indicated in the following table:

Differential Rate 2017/2018 rate General Rate 0.003898 Farm Rate 0.003898


Commercial 0.005067 Land Management 0.003118 Vacant Land 0.007796

9. Record that it considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions;

10. Confirm that no amount is fixed as the minimum amount payable by way of General Rate in respect of each rateable land within the municipal district;

11. Declare a Municipal Charge of $94.00 for all rateable land save and except for those rateable properties which qualify for an exemption as single farm enterprises;

12. Declare an Annual Service Charge, for the collection and disposal of refuse, in respect of the 2017/2018 Financial Year;

The annual service charges be in the sum of, and based on the criteria, set out below:

• The Annual Service Charge (140 litre Garbage Bin and Recycling Bin) of $570.00 will apply to properties where a garbage collection service is provided and the capacity of their refuse bin is 140 litres; and

• The Annual Service Charge (80 litre Garbage Bin and Recycling Bin) of $405.00 will apply to properties where a garbage collection service is provided and the capacity of their refuse bin is 80 litres.

13. Adopt the following arrangements for interest on rates and charges:

• Declare that interest is to be charged in accordance with Section 172 of the Local Government Act 1989, on any amounts of rates and charges which have not yet been paid by the date fixed by the Minister in accordance with section 167 of the Local Government Act 1989; and

• That the interest to be charged is at the rate fixed under Section 2 of the Penalty Interest Rates Act 1983, that applied on the first day of July immediately before the due date for payment calculated from the date on which the instalment was due; and

14. Authorise the Director Corporate and Community Services to levy and recover general rates and charges and the annual service charges described earlier in this resolution, in accordance with the Local Government Act 1989.





CARRIED.

COUNCILLOR BELL CALLED FOR A DIVISION Councillors who voted for the Motion: • Councillors Cordy, Henderson, Machin, Nieman and Telford. Councillors who voted against the motion: • Councillor Bell and Taylor.


Context

The purpose of this report is for Council, having considered submissions made on the Proposed Budget 2017/2018, to adopt the Budget 2017/2018 and declare the differential rates for the 2017/2018 financial year in the Budget and give public notice of that decision in accordance with the Local Government Act 1989.

Refer to:

Separate Attachment COM 21A: Budget 2017/2018 (to be tabled at Council Meeting).

Separate Attachment COM 21B: Response to Budget Submissions 2017/2018.

The Budget has been prepared having considered Council priorities and commitments as outlined in the Council Plan 2017–2021 and Council’s Long Term Financial Plan.

Council resolved to give public notice in accordance with Section 129(1) of the Local Government Act 1989 of its intention to adopt the Proposed Budget 2017/2018 at the Ordinary Meeting of Council held on 18 April 2017.

Public notice was given in the Castlemaine Mail and Midland Express and the Proposed Budget 2017/2018 was made available for inspection at the Civic Centre and on Council’s website with submissions in writing being received up until 5.00 pm on Wednesday 24 May 2017.

Forty-four submissions were received by the closing time and a number of submitters attended the Special Meeting of Council 30 May 2017 to speak to their submissions.


Section 127 of the Local Government Act states that Council must prepare a budget for each financial year.

Section 129 of the Act states that Council must give public notice that a budget has been prepared and that a person has a right to make a submission under Section 223 of the Act.

Section 130 of the Act states that Council must adopt the budget by 30 June each year and must submit a copy of the budget to the Minister for Local Government by 30 June each year.

Council must comply with Part 8 of the Act when setting rates and charges on rateable land. The valuation of properties is conducted in accordance with Part II of the Valuation of Land Act 1960.

Issues

Proposed Changes

Council has received advice from the Victoria Grant Commission that 50% of the 2017/2018 grant will be paid in 2016/2017. The 2016/2017 forecast and 2017/2018 Budget has been adjusted to reflect the early receipt of these funds.

Also, an additional $20,000 will be allocated to the newly created street and park tree planting program. This cost increase will be offset by a $20,000 reduction in the annual maintenance costs of footpaths and trails.


Council was not successful in obtaining grant funds for the Castlemaine Library Renewal Project and therefore this project will not proceed, resulting in a net saving of $98,000.

A number of changes have been made to section 6.2 of the Budget 2017/2018 which reflects the carry-forward projects to be funded from the 2016/2017 budget but finalised in 2017/2018. Councils allocation of funding initially allocated to stage 1 works of the Maldon Visitor Information Centre have been reallocated to new streetscape works to be undertaken in Maldon.

Other changes of an administrative nature or related to the timing between financial years basis have also been made.

Consideration of Submissions

The separate attachment details a summary of the public submissions made, and response to each submission. The following issues were raised in the submissions received include:

• Disability support and advocacy • Financial contribution to community organisation • Footpaths and trails • Heritage and urban design • Improved waste management practices • Innovative and affordable housing • Maldon Visitor Information Centre • Parking enforcement • Pedestrian crossings over train tracks • Resources to implement Harcourt Landscape Master Plan • Road maintenance and improvement • Street tree planting and streetscape design • Support for arts in respect of our local businesses, character and identity • Support for older residents • Upgrade of community facilities • Urban waterways, trail rehabilitation and flood resilience • Wayfinding signage • Weed management

Alternate Options

Council must adopt a budget, there are no alternate options to adopting a budget; however Council can amend the projects and services included in the adopted budget.


The budget document details both the operating and capital incomes and expenditure for Council for the 2017/2018 financial year. The budget includes detailed information on the operating result, capital expenditure, rating as well as cash and investments, borrowings and reserve balances.

Consultation

The Section 223 public consultation process has been completed in accordance with the Act. The Proposed Budget 2017/2018 was on public exhibition for the statutory period of at least 28 days.


44 submissions were received and a Special Meeting of Council was held on 30 May 2017 to hear a number of submitters who wished to speak to their submissions.


COM 22 ADOPTION OF COUNCIL PLAN 2017-2021


Executive Summary

Having prepared and publicly displayed the Council Plan 2017-2021, and having received and heard from submitters and considered all submissions received, Council is now able to formally adopt the Council Plan 2017-2021, incorporating the Strategic Resource Plan.

RECOMMENDATION

That Council:

1. Having received, heard and considered submissions in accordance with Section 223 of the Local Government Act 1989, adopt the Council Plan 2017-2021, incorporating the Strategic Resource Plan;

2. Submit a copy of the Council Plan 2017-2021 to the Minister for Local Government by 30 June 2017;

3. Respond to each formal section 223 submission, noting the adoption of the Council Plan 2017-2021;

4. Make a copy of the Council Plan 2017-2021 available for inspection by the public at the Castlemaine Civic Centre and on Council’s website; and

5. Thank the community for their input, suggestions and participation in the development of the Council Plan 2017-2021.




CARRIED.


Context

The purpose of this report is for Council, having previously adopted for advertising the draft Council Plan 2017-2021 and now considered submissions made on the Council Plan 2017-2021, adopt the Council Plan 2017-2021.

Refer to:

Separate Attachment COM 22A: Council Plan 2017-2021 (to be tabled at Council Meeting)

Separate Attachment COM 22B: Response to Council Plan 2017-2021 Public Submissions

Developing the four year Council Plan has been a key activity of Councillors and Officers since Council elections were held in October 2016.

The Council Plan is an important strategic document that sets out the goals and priorities for Council over the next four years as well as the strategies to achieve them. Council sought to understand the aspirations and priorities of its community by undertaking a three-phased engagement approach.

The first phase was conducted in late 2016 and early 2017 and we asked interested community and stakeholders’ questions about their vision and key priorities for the future of Mount Alexander Shire. General questions about Mount Alexander Shire, and more specific questions around key themes were asked via an online survey, workshops with key community groups and a number of listening posts held around the shire.

The five key themes were:

• Built environment • Social environment • Cultural environment • Economic environment • Natural environment

Over 350 individual and community groups completed the survey. Some common themes of feedback included:

• Value of community connection - the most loved aspect of our Shire was the friendly, strong, inclusive and close-knit nature of the community.

• Community services are vital – People want more support for the community with services and facilities, including improvements to waste management and more tailored health and wellbeing programs for young people and the elderly.

• Community events bring prosperity – There is an opportunity to further develop heritage, arts, cultural and other events to drive tourism and bring economic benefits.

• Infrastructure is key - The maintenance and supply of quality recreation, infrastructure and building facilities are a priority and one of our community’s biggest challenges.

• Better information and engagement – there is room for improvement on Council communication, engagement, and collaboration with the community.

A number of workshops were then held with Councillors and senior staff. The outcomes from these workshops formed the basis of Stage Two community consultations, which detailed the strategies Council planned to include in the Council Plan. The original five


themes (built, social, cultural, economic and natural) were amended to three, to reflect feedback received from the community.

• Our Place • Our People • Our Economy

The community was surveyed and were asked - what do you think of the overall comments, feedback and ideas on what we plan to do?, 76% of the respondents rated the plan as Good to Excellent.

As the third stage of community involvement, Council resolved to give public notice in accordance with Section 125(3A) of the Local Government Act 1989 of its intention to adopt the Council Plan 2017-2021 at the Ordinary Meeting of Council held on 18 April 2017. Council proposed creating a new vision for the shire, Mount Alexander: innovative, creative connected.

Municipal Public Health and Wellbeing Plan

Section 24 of The Public Health and Wellbeing Act 2008 sets out Council’s obligations to “protect, improve and promote public health and wellbeing within the municipal district”.

Section 26 of the Act outlines the requirements for Council to prepare a Municipal Public Health and Wellbeing Plan every four years and Section 27 of the Act outlines the conditions for the Municipal Public Health and Wellbeing Plan to include this as part of the Council Plan. Council has decided to prepare its Municipal Public Health and Wellbeing Plan in accordance with section 27 of the Act. By incorporating the Municipal Public Health and Wellbeing Plan into our Council Plan 2017-2021 we are making a stronger commitment to ensure our health and wellbeing actions and achievements are monitored and reported.

Disability Action Plan

Council is proud to advance our commitment to the participation and wellbeing of people with disability. In accordance with the Victorian Disability Act 2006, Council has incorporated the requirements of the Disability Action Plan into our Council Plan. By incorporating the Disability Action Plan into the Council Plan 2017-2021, Council is making a strong commitment to ensure actions and achievements are monitored and reported

Public notice was given in the Castlemaine Mail and Midland Express and the Council Plan 2017-2021 was made available for inspection at the Civic Centre and on Council’s website with submissions in writing being received up until 5.00 pm on Wednesday 24 May 2017.

93 submissions were received by the closing time and a number of submitters attended the Special Meeting of Council 30 May 2017 to speak to their submissions.


Section 125 of the Local Government Act sets out the requirements for preparation of the Council Plan and includes:

Section 125 - Council Plan

(1) A Council must prepare and approve a Council Plan within the period of 6 months after each general election or by the next 30 June, whichever is later.


(2) A Council Plan must include—

(a) the strategic objectives of the Council;

(b) strategies for achieving the objectives for at least the next 4 years;

(c) strategic indicators for monitoring the achievement of the objectives;

(d) a Strategic Resource Plan containing the matters specified in section 126;

(e) any other matters which are prescribed by the regulations.

(3) A person has a right to make a submission under section 223 on the proposed Council Plan.

(4) The Minister may extend the period within which a Council must comply with sub-section (1).

(5) A Council must submit a copy of the Council Plan to the Minister by the date specified in sub-section (1) or applying under sub-section (4).

Section 126 of the Local Government Act sets out the requirements for the preparation of the Strategic Resource Plan as follows:

Section 126 - Strategic Resource Plan

Section 126 of the Local Government Act sets out the requirements for preparation of the Strategic Resource Plan and includes:

(1) The Strategic Resource Plan is a resource plan of the resources required to achieve the strategic objectives.

(2) The Strategic Resource Plan must include in respect of at least the next four financial years—

(a) financial statements describing the required financial resources in the form and containing the information required by the regulations;

(b) statements describing the required non-financial resources, including human resources in the form and containing the information required by the regulations.

(3a) Council must review the Strategic Resource Plan during the preparation of the Council.

Municipal Public Health and Wellbeing Plan

Section 26 of the Public Health and Wellbeing Act 2008 Act outlines the requirements for Council to prepare a Municipal Public Health and Wellbeing Plan every four years and Section 27 of the Public Health and Wellbeing Act 2008 Act outlines the conditions for the Municipal Public Health and Wellbeing Plan to include this as part of the Council Plan.


Disability Action Plan

Section 38 of the Victorian Disability Act 2006 requires Council to prepare a Disability Action Plan for the purpose of:

• Reducing barriers to persons with a disability accessing goods, services and facilities

• Reducing barriers to persons with a disability obtaining and maintaining employment

• Promoting inclusion and participation in the community of persons with a disability • Achieving tangible changes in attitudes and practices which discriminate against

persons with a disability.

Issues

The Council Plan will guide Council's activities for the next four years to meet the priorities and aspirations of the community. The Plan outlines Council’s goals and priorities, the strategies for achieving these goals and performance measures to monitor achievement.

Consideration of Submissions

The separate attachment details a summary of the public submissions made, and response to each submission.

Changes to the Council Plan

A number of administrative changes have been made to the proposed Council Plan 2017-2021 to reflect improved readability of the document. , Changes have also been made to the ‘what we plan to do’ and ‘measure of success’ factors to reflect comments made by public submissions.

The most significant change, as a result of community feedback has been the addition of an additional strategy in the Our Economy section to reflect the importance of the cultural and artistic communities. The following has been added to the Council Plan:

Strategy - Support and promote the cultural and artistic communities

What we plan to do

• Support local cultural and artistic activities and events. • Review cultural facilities and venues available to the community. • Promote economic benefits of the cultural and artistic sectors. • Build on existing relationships and support arts-focused government initiatives

such as Regional Centre of Culture, Creative Victoria and Regional Arts Victoria.

Measure of success

• Increased use of key cultural facilities. • Increase level of government funding for the creative sector.

Council has a legislative planning framework that helps link the Council Plan strategies to the actions that are funded in our Annual Budget. The framework brings together our vision, priorities and objectives. The Council Plan gives rise to high level strategies and objectives. Council’s Annual Plan and Annual Budget details the specific projects and programs that will be delivered by Council on an annual basis and link to the strategies


included in the Council Plan. Each of Council’s business units have annual budgets and business plans for the work that occurs each year, while Council ensures the ongoing financial viability of the organisation through our Long Term Financial Plan.

Council adopts the following vision, principles, pillars and strategic objectives:

Vision

Mount Alexander Innovative, Creative, Connected.

Principles

Mount Alexander Shire Council

• Listen to our communities, respect their views and respond openly and responsibly • Insist on integrity, equity, and fairness in delivering services and facilities • Be progressive and innovative • Advocate for our shire and collaborate with others for the benefit of our region

Pillars and Objectives

1. Our People

Population | Health | Wellbeing | Support | Resilience | Partnerships | Social services | Connections |

Strategic objectives:

• Socially connected, safe and inclusive communities • Local services that support the needs of our community • The community achieves improved health and wellbeing • The shire is a welcoming place for all

2. Our Place

Buildings | Sport and recreation facilities | Roads | Footpaths | Drainage | Trails | Playgrounds | Gardens | Natural environment | Waste | Recycling | Heritage


• Well managed assets for now and into the future • A clean and green community • Well planned for growth

3. Our Economy

Business | Economy | Jobs | Education | Creativity | Innovation | Tourism | Culture | Events


• A creative and innovative economy • Great access to education and technology • An innovative and sustainable organisation


Alternate Options

Council must adopt a Council Plan, there are no alternate options to adopting a Council Plan; however Council can amend the inclusions included in the adopted plan.


The Council Plan does not directly impact on any financial or resource implications. However, the Strategic Resource Plan (SRP) outlines the resources required to achieve Council’s strategic objectives expressed in the Council Plan.

The purpose of the Strategic Resource Plan is to:

• Establish a financial framework over the next four years to ensure our strategic objectives, as expressed in the Council Plan, are achieved

• Provide an assessment of the resources (financial and non-financial) required to accomplish the objectives and strategies included in the Council Plan (non-financial resources are assumed to include human resources and our asset base, which are all referred to in various parts of the SRP)

• Establish a basis to measure our adherence to our policies and strategies • Plan for the long-term financial sustainability of the Shire.

Consultation

The Section 223 public consultation process has been completed in accordance with the Act. The Proposed Council Plan 2017-2021 was on public exhibition for the statutory period of at least 28 days.

93 submissions were received and a Special Meeting of Council was held on 30 May 2017 to hear a number of submitters who wished to speak to their submissions.


COM 23 MAYORAL AND COUNCILLOR ALLOWANCES

Responsible Director: Chief Executive Officer Responsible Officer: Principal Governance Officer Original Document: DOC/17/18010

Executive Summary

Mayoral and councillor allowances must be reviewed for the period 1 July 2017 to 30 June 2021 by 30 June 2017.

Council resolved at its Ordinary Meeting of 21 March 2017 to undertake a public consultation process on its intention to set the allowances at the maximum level for a Category 1 Council.

No submissions were received regarding this matter.

It is proposed that the level of allowances for the mayor and councillors remain unchanged at the maximum level for Category 1 for the four year period 1 July 2017 to 30 June 2021.

RECOMMENDATION

That Council set the councillor allowance at $19,834 per annum and the mayoral allowances at $59,257 per annum for the period 1 July 2017 to 30 June 2021.




CARRIED.


Context

Council is required to review and determine the level of the Councillor and Mayoral allowances within six months of a general municipal election or by 30 June the following year whichever is the later. Council’s general election was held on 22 October 2017 therefore the allowances must be set by 30 June 2017.

Each council is placed into a category based on its population and revenue, which determines the allowance range payable to councillors and mayors. The range is determined by the Minister for Local Government.

Mount Alexander Shire Council has been categorised as a Category 1 Council. Council may retain allowances at current levels or can vary them within the range and limits applicable to Category 1.

Category 1 Category 2 Category 3

Councillors: $8,324 – $19,834 per annum



Mayors: up to $59,257 per annum



Note: Mayoral and councillor allowances are also subject to the addition of the equivalent of the superannuation guarantee (currently 9.5%).

Council resolved at its Ordinary Meeting of 21 March 2017 to undertake a public consultation process on its intention to set the allowances at the maximum level for a Category 1 Council.


Section 74(1) of the Local Government Act (the Act) requires that councils must review and determine the level of allowances to mayors and councillors within six months of a general election or by 30 June the following year, whichever is the later.

Under Section 74(4) of the Act any person has the right to make a submission under Section 223 of the Act to this review. Section 223 stipulates that Council must advertise its intention to set the allowances, invite submissions and allow 28 days for submissions. All submitters must be provided with the opportunity to speak to their submission at a meeting of Council before Council makes a final determination.

Issues

Council has historically set the allowances for Councillors and the Mayor at the maximum rate within the defined category. This is in recognition of the commitment required of Councillors, the time spent in undertaking Council responsibilities, the frequency of meetings and the extensive contact expected between Councillors and community members, both formally and informally, in the Shire


Alternate Options

Council can resolve not to set the allowances, however if they are not set prior to 30 June 2017 the Council will be in breach of the Act.


Councillor and mayoral allowances are allocated within Council’s budget. The budget allocates the maximum level to Councillors and the Mayor, together with an amount equivalent to the Superannuation Guarantee, currently 9.5%.

Consultation

Council sought public submissions on the review of allowances in accordance with the Act, by placing a notice in the Midland Express newspaper and on Council’s website on 28 March 2017.

The notice advertised Council’s intention to set the councillor allowance at $19,834 per annum and the mayoral allowance at $59,257 per annum and invited public submissions by 5 pm on 26 April 2017.

No submissions were received.


COM 24 REVIEW OF COUNCILLOR SUPPORT AND REIMBURSEMENT OF EXPENSES POLICY

Responsible Director: Chief Executive Officer Responsible Officer: Principal Governance Officer Original Document: DOC/17/21133

Executive Summary

Council last reviewed this Policy in 2011. Since that time there have been a number of changes in the level and the manner of support provided to Councillors, particularly since the opening of the Civic Centre in 2013.

The draft Policy reflects those changes and more clearly articulates the way in which Councillors are supported to perform their roles as Councillors and the Council of Mount Alexander Shire.

RECOMMENDATION

That Council adopt the Councillor Support and Reimbursement of Expenses Policy.




CARRIED.


Context

The Local Government Act 1989 requires Council to maintain a policy in relation to the reimbursement of expenses for Councillors; therefore Council is required to ensure the Policy is current.

Refer to:

Attachment COM 24A: Draft Councillor Support and Reimbursement of Expenses Policy, May 2017.


Section 75B of the Act requires Council to adopt a policy for the reimbursement of expenses and Section 75C requires Council to provide resources and facilities for Councillors. These are prescribed by a policy statement released in April 2008.

The Act also now requires Council to include in its Annual Report the financial support provided to individual Councillors, which includes expenses and allowances. Council commenced reporting this in the 2015/2016 Annual Report which is available on Council’s website.

Issues

The Policy has not changed fundamentally through the review process, however there are some minor changes and additions which reflect the current support provided to Councillors and the Mayor or address gaps in the existing Policy.

The following matters relating to support provided to Councillors have been included in the Policy:

• Councillors’ Lounge • Access Card • Online Presence

Some matters were included as they were not defined in the previous policy, these are:

• Training and education – approval process • Formal study • Interstate / overseas travel • Expenses to be claimed within six months of being incurred

Alternate Options

Council may resolve to amend the Policy prior to its adoption.


The financial and resource allocations to support Councillors and Council are reflected and budgeted for in Council’s budget.

Consultation

Councillors were consulted during the drafting of the Policy, in addition, the draft Policy was benchmarked against the councillor support policies of other councils.


COM 25 AWARDING OF CONTRACT M1254-2017 FOR PROVISION OF PROFESSIONAL CONSULTANCY SERVICES FOR THE PERIOD 1 JULY 2017 TO 30 JUNE 2019.


Executive Summary

A public tender for the provision of professional consultancy services was advertised in January 2017. The aim of the tender is to engage a panel of pre-qualified consultants to provide high quality professional services to meet the needs of Council in an ethical and cost effective manner targeting frequently utilised service categories.

In addition, the appointment of a panel of tenderers promotes security of supply from consultants with relevant experience and qualifications, and ensures compliance with the Local Government Act procurement requirements.

The tender document outlined the categories proposed to be covered by the successful panel of consultants. These include:

Panel Categories – Table 1 Sub-Panel Category

Contract/Procurement Management Services

Engineering Services – Design and Investigation

Cultural and Environmental Management Services

Planning Services

Recreation Planning Services

Risk Management / OHS Services

Traffic Management Services

RECOMMENDATION

That Council:

1. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 1 Contract/Project Management Services to Beveridge Williams & Co Pty Ltd, CAF Consulting Services Pty Ltd, and Resource 2 Source Pty Ltd based on their tendered schedule of rates;

2. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2a Engineering Services - Architectural Design Services to Content Studio Pty Ltd, PlanB Architecture and Construction and Woollan Hamlett Architects Pty Ltd based on their tendered schedule of rates;

3. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2b Engineering Services – Civil Engineering Design Services to Beveridge Williams & Co Pty Ltd, CAF


Consulting Services Pty Ltd, JJ Ryan Consulting Pty Ltd, Rural Works Pty Ltd, Skilled Design Consultants Pty Ltd and Total Property Developments (Vic) Pty Ltd based on their tendered schedule of rates;

4. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2e Engineering Services – Fire Services Engineering Design to Pitt and Sherry (Operations) Pty Ltd based on their tendered schedule of rates;

5. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2f Engineering Services – Geotechnical Design and Investigation Services to LR Pardo & Associates Pty Ltd, Pitt and Sherry (Operations) Pty Ltd and St Quentin Consulting based on their tendered schedule of rates;

6. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2g Engineering Services – Landscaping Design Services (includes irrigation) to Beveridge Williams Pty Ltd, Michael Smith and Associates Landscape Architecture and Urban Design and Tomkinson Group based on their tendered schedule of rates;

7. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2h Engineering Services – Land Survey and Drafting Services to Beveridge Williams & Co Pty Ltd, BGL Surveying, CAF Consulting Services Pty Ltd, JCA Land Consultants, Tomkinson Group and Total Property Developments (Vic) Pty Ltd based on their tendered schedule of rates;

8. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2j Engineering Services – Lighting Design Services to Lycopodium Infrastructure Pty Ltd and Tomkinson Group based on their tendered schedule of rates;

9. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2k Engineering Services – Mechanical Services Engineering Design to Irwinconsult Pty Ltd and Pitt & Sherry (Operations) Pty Ltd based on their tendered schedule of rates;

10. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2l Engineering Services – Playspace and Open Space Design to Beveridge Williams & Co Pty Ltd, Gondwana Consulting Pty Ltd, Michael Smith and Associates Landscape Architecture and Urban Design and Tomkinson Group based on their tendered schedule of rates;

11. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2m Engineering Services – Quantity Surveying to Currie & Brown (Australia) Pty Ltd and Michael Smith and Associates Landscape Architecture and Urban Design based on their tendered schedule of rates;

12. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 2n Engineering Services – Structural Engineering Design to JJ Ryan Consulting Pty Ltd, Lycopodium Infrastructure Pty Ltd, Pitt & Sherry (Operations) Pty Ltd, Rural Works Pty Ltd, Skilled Design Consultants Pty Ltd and Wallbridge & Gilbert based on their tendered schedule of rates;


13. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 3a Cultural and Environmental Management Services – Cultural Heritage Assessment and Management Plans to Biosys Pty Ltd, Dja Dja Wurrung Enterprises Pty Ltd, Ecology Australia Pty Ltd and Gondwana Consulting Pty Ltd based on their tendered schedule of rates;

14. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 3b Cultural and Environmental Management Services – Environmental Impact Assessments and Management Plans to Gondwana Consulting Pty Ltd, Monarc Environmental and Practical Ecology Pty Ltd based on their tendered schedule of rates;

15. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 3c Cultural and Environmental Management Services – Flora and Fauna Assessments to Ecology Australia Pty Ltd, Monarc Environmental and Practical Ecology Pty Ltd based on their tendered schedule of rates;

16. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 3d Cultural and Environmental Management Services – Stormwater Management and Catchment Plans to Beveridge Williams & Co Pty Ltd, Engeny Management Pty Ltd and Lycopodium Infrastructure Pty Ltd based on their tendered schedule of rates;

17. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 4a and 4b Planning Services – Statutory and Strategic Planning to Beveridge Williams & Co Pty Ltd, Currie & Brown (Australia) Pty Ltd, Planisphere, PLN Planning Pty Ltd and Tomkinson Group based on their tendered schedule of rates;

18. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 5a Recreation Planning Services to Gondwana Consulting Pty Ltd, Insight Leisure Planning and Simon Leisure Consulting Pty Ltd based on their tendered schedule of rates;

19. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 6a Risk Management/ OHS Services - General to HAZCON Pty Ltd, Jardine Lloyd Thompson, Prensa Pty Ltd, Victorian Chamber of Commerce and Industry based on their tendered schedule of rates;

20. Award Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services - Sub Panel 6b Risk Management/ OHS Services – Road Safety Audits to HDS Australia Pty Ltd, O’Brien Traffic and SALT 3 based on their tendered schedule of rates;

21. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract documentation for Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services for an initial two year period from 1 July 2017 to 30 June 2019; and

22. Authorise the Chief Executive Officer to approve the extension of Contract M1254-2017 for Supply Panel – Provision of Professional Consultancy Services for two by one year periods should that option be exercised.


MOVED COUNCILLOR CORDY



CARRIED.


Context

Council staff regularly require the services of specialised independent consultants across a broad range of areas. Having a panel of pre-qualified consultants provides advantages to Council staff and consultants by streamlining the procurement process when seeking quotes as the consultants have already been through an extensive public tender process addressing the Councils pre-determined evaluation criteria as part of the original tender process. The current process requires staff to undertake a competitive process dependent upon the estimated value of the services required. This could involve open or selective request for quotes or a public tender process. The duration of the procurement process varies depending on a number of factors including; complexity of projects, type of procurement process, number of submissions received, clarifications with suppliers/tenderers and approval processes. By engaging a panel of contractors Council will execute a binding contractual agreement with the successful consultants that provides Council with cost control mechanisms and streamlined processes.

A public tender was advertised in The Age and Bendigo Advertiser on 14 January 2017 and the Council Column in the Midland Express on 17 January 2017. Upon the closing of tenders at 2pm, 3 February 2017, 78 submissions were received. One of these submissions was later withdrawn leaving 77 tender submissions for review and evaluation. It is proposed that the contracts be awarded for an initial term of two years commencing 1 July 2017 with two one year extension terms. This contract term will lock the rates of successful consultants in for 2 years whilst providing an opportunity to review the services at the end of the initial term to ensure that Council requirements continue to be adequately covered by the contracted consultants or re-tender to allow for new consulting firms to provide the services. Refer to:

Confidential Attachment COM 25A: Tender Evaluation Report, Contract M1254-2017 for Provision of Professional Consultancy Services for the Period 1 July 2017 to 30 June 2019.


Relevant policies, strategies and plans

The tender process has been conducted in accordance with the conditions included within the Mount Alexander Procurement Policy. The tender evaluation criteria within Council’s 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.

Statutory powers and implications

The Local Government Act 1989 (the Act) provides relevant direction to local government in regards to procurement and contracts. Section 186 of the Act requires Councils to undertake competitive market testing processes before entering into


contracts for purchase of goods or services or for the carrying out of works for the value of $150,000 or above. The Act 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 Act requires Council to accept the lowest tender or to accept any tender.

Clause 208 of the Act – ‘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 looked at when applying the principles.

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

As part of Council’s Procurement Procedures, Council officers involved in the tender process, including the evaluation of tender submissions completed conflict of interest and confidentiality declarations to register any perceived or actual conflicts of interest.

Prior to the evaluation commencing Council’s Coordinator Strategic Planning declared a conflict of interest upon the closing of tenders due to a family member tendering. The Coordinator Strategic Planning was advised they were not to participate in the procurement process any further.

Following this declaration the tenderer with whom the conflict existed withdrew their tender and the Coordinator Strategic Planning was reinstated to the evaluation sub-panel following advice from Councils Principal Governance Officer.

No other conflicts of interest were declared as part of this tender process.

A preliminary evaluation of all tenders was conducted for shortlisting purposes against the pre-determined evaluation criteria and weightings. Shortlisted tenderers were then further evaluated against the remaining evaluation criteria listed in Table 2.

Evaluation Criteria – Table 2 Preliminary Evaluation – Shortlisting

Cost to Council (Direct and Indirect)

Experience and Qualifications

Evaluation Criteria - Shortlisted Tenderers

Response to Specification

Risk and Quality Management

Business and Financial Capacity

Sustainability


77 tenders were evaluated by the evaluation panel. The tenderers are listed below in Table 3 and their recommendation to sub-panel/s.

Tenderers – Table 3 Tenderers Recommended to

sub-panel/s

2MH Consulting Pty Ltd

ASR Research Pty Ltd

ATC Williams Pty Ltd

Beveridge Williams & Co Pty Ltd YES

BG&E Pty Ltd

BGL Surveying YES

Biosis Pty Ltd YES

Brookfield Global Integrated Solutions Pty Ltd

C&R Ryder Consulting Pty Ltd

CAF Consulting Services Pty Ltd YES

Centrum Architects Pty Ltd

Content Studio Pty Ltd YES

CT Management Group Pty Ltd

Currie & Brown (Australia) Pty Ltd YES

Dja Dja Wurrung Enterprises Pty Ltd YES

Ecology Australia Pty Ltd YES

Endeavour Turf Professionals Pty Ltd

Engeny Management Pty Ltd YES

Engineering Management Styles

ENSPEC Pty Ltd

Firewize Services Pty Ltd

Floreani Associates

Gerard Coutts & Associates

Golder Associates Pty Ltd

Gondwana Consulting Pty Ltd YES

GTA Consultants (VIC) Pty Ltd

Hansen Partnership Pty Ltd

HAZCON Pty Ltd YES

HDS Australia Pty Ltd YES


Tenderers Recommended to sub-panel/s

InfraPlan (Vic)

Infrastructure Solutions Pty Ltd

Insight Leisure Planning YES

Integrity Testing Pty Ltd

Irwinconsult Pty Ltd YES

ISG Projects Pty Ltd

Jardine Lloyd Thompson Australia Pty Ltd YES

JCA Land Consultants YES

JJ Ryan Consulting Pty Ltd YES

JTA Health, Safety and Noise Specialists Pty Ltd

Lacus Consulting Pty Ltd

Louise Lunn

LR Pardo & Associates Pty Ltd YES

Lycopodium Infrastructure Pty Ltd YES

McClure Civil Management Pty Ltd

Mecone Melbourne Pty Ltd

Meinhardt Infrastructure and Environment Pty Ltd

Michael Smith and Associates Landscape Architecture and Urban Design YES

MODE DESIGN Corp Pty Ltd

Monarc Environmental YES

Natural Decisions Pty Ltd

O'Brien Traffic YES

Picks Group Pty Ltd

Pitt & Sherry (Operations) Pty Ltd YES

PlanB Architecture + Construction YES

Planisphere YES

Planit Engineering Pty Ltd

PLC Consulting Pty Ltd

PLN Planning Pty Ltd YES

Practical Ecology Pty Ltd YES


Tenderers Recommended to sub-panel/s

Prensa Pty Ltd YES

Programmed Safety Pty Ltd

Regional Management Group

Resource 2 Source Pty Ltd YES

Rural Works Pty Ltd YES

SALT3 YES

Simon Leisure Consulting Pty Ltd YES

Skilled Design Consultants Pty Ltd YES

Spiire Australia Pty Ltd

St Quentin Consulting YES

Storm Consulting Pty Ltd

Third Element Consulting

Tomkinson Group YES

Total Property Developments (Vic) Pty Ltd YES

Victorian Chamber of Commerce and Industry YES

Wallbridge & Gilbert YES

Water Technology Pty Ltd

Woollan Hamlett Architects Pty Ltd YES Alternate Options

Council could decide not to award contract M1254-2017 Provision of Professional Consultancy. Therefore the status-quo would continue which results in individual Requests for Quotes being undertaken for each piece of consultancy work which delays projects, and also causes suppliers to continually provide detailed quotes containing similar information each time.


The contracts to be awarded are all schedule of rates based. Neither the quantity of services, nor total annual spend are guaranteed by Council. This was clearly specified in the tender documentation.

Acceptance by Council of these contracts in no way commits any additional budget amounts for the services, however, the appointment of a panel of consultants will streamline the procurement process for Council staff and consultants resulting in indirect savings.


Consultation

Prior to tendering the tender specification was forwarded to Councils Leadership Team and evaluation sub-panels for review and comment to ensure that the service descriptions were accurate and the tender included all frequently utilised services.

The evaluation sub-panels consisted of staff from the Business Performance, Community Places and Spaces, Development Services, Healthy Environments, Infrastructure and Organisational Capability Business Units. A staff member from the Procurement Team was part of each of the evaluation sub-panels.


COM 26 DISPOSAL OF LAND – PART OF 42 HIGH STREET MALDON (MALDON PUBLIC TOILETS)

Responsible Director: Director Sustainable Development Responsible Officer: Property Portfolio Coordinator Original Document: DOC/17/20662

Executive Summary

Council has received a proposal from a landowner in Maldon to undertake a land swap with Council. Council would dispose of approximately 63m2 of land (currently fenced to be the rear yard of the adjoining land) in exchange for a part of a building measuring approximately 9m2.

The exchange will formalise the title boundaries to match up with the existing fence line, and the title boundaries of the Maldon Pharmacy to match up with what is under the roof line of the existing building.

The net cost to Council to undertake the exchange is approximately $3250, plus officer time to manage the process which can be contained within budget allocations.

If Council has an interest in proceeding with this exchange, the next step is to undertake notice of the disposal in accordance with Section 223 of the Local Government Act. Council would then hear from submitters before making a formal decision as to whether or not to proceed.

RECOMMENDATION

That Council:

1. Give notice under Section 223 of the Local Government Act that it intends to dispose of part of the land at the rear of 42 High Street Maldon;

2. Hear submissions regarding the notice of its intention to dispose of part of the land at the rear of 42 High Street Maldon; and

3. Receive a report at a future meeting with a recommendation whether or not to proceed with the disposal of part of the land at the rear of 42 High Street Maldon.




CARRIED.


Context

Council has received a proposal from the owner of 35-37 Main Street Maldon to acquire land that is owned by Council, but fenced and occupied 35-37 Main Street Maldon (area A on attachment B to this report). The adjoining land-owner proposes a land exchange. Council would acquire a small room that is under the roofline of the Maldon Pharmacy building, but at present only accessible from the adjoining property (area B on attachment B to this report). This room would have originally been part of the pharmacy building, but was separated many years ago prior to Council acquiring the pharmacy building.

The land is currently fenced to the adjoining property and forms the rear yard of that property. It is unknown exactly how long this land has been incorrectly fenced. Aerial photographs from 2002 show the fence being in the current location. Undertaking this land exchange will amend the title boundary to match the fence line.

Refer to:

Attachment COM 26A: Aerial photograph – Context area for land swap Attachment COM 26B: Site plan for land transfer


Statutory powers and implications

Local Government Act

Section 189 of the Local Government Act outlines restrictions on the power to sell land as follows:

189. Restriction on power to sell land

(1) Except where section 181 or 191 applies, if a Council sells or exchanges any land it must comply with this section.

(2) Before selling or exchanging the land the Council must-

(a) ensure that public notice of intention to do so is given at least 4 weeks prior to selling or exchanging the land; and

(b) obtain from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960 a valuation of the land which is made not more than 6 months prior to the sale or exchange.

(3) A person has a right to make a submission under section 223 on the proposed sale or exchange.

Council has not yet undertaken this step identified in Section 189(2) of the Local Government Act. This report recommends Council undertake this public notice.

Mount Alexander Planning Scheme

The subject boundary realignments are exempt from needing a planning permit as Council is one of the parties, and no additional lots will be created.

Issues

The adjoining land owner is seeking to acquire (by exchange) land that is currently used as the rear yard of his property. There are a number of mature trees in this garden and it appears this land has been occupied by the adjoining land owner for a number of years.


Aerial photography from 2002 shows the fence in existence then, although it may be considerably older.

The adjoining land owner is seeking to dispose of the room of approximately 9m2 in size, at rear of the pharmacy in exchange for the land above. The room at the rear of the pharmacy is on the title of the adjoining land owner and accessed through their building, but is under the roofline of the pharmacy. It appears when the pharmacy building was originally built this room was a part of the pharmacy, but at a later date became part of the neighbouring property.

Acquisition of the small room at the rear of the pharmacy will provide better and more appropriate on site storage for the pharmacy operations. Increasing the size of the leasable area will also increase the annual rental.

Alternate Options

The alternate option for Council is not to dispose of the land. If Council determines not to proceed, Council would have two options. Council could formally lease or license the land to the adjoining owner. There would be officer time and administrative costs to do this.

Council could also reclaim this land removing the existing fence, and veranda at the rear of the neighbouring building. The building on the adjoining land has windows on the current boundary resulting in direct overlooking into and out of this building. Council would also need to determine whether to remove any of the vegetation on the land, and manage the land on an ongoing basis.

There would be costs to do this, and Council would need a planning permit to demolish the fence and veranda, as the works are in the Heritage Overlay.

By undertaking either of these options, Council will miss the opportunity to expand the pharmacy building, providing extra storage and improving the operations of the pharmacy business.


Costs to undertake notice under Section 223 of the Local Government Act can be contained within current budget allocations.

Council will incur costs for construction and engineering to relocate the door to the store room, as well as for surveying, legal fees and lodgement of revised plans of subdivision. Each party will pay their own surveying and legal costs.

Council has had the vacant land, room and pharmacy valued. The room has a higher value than the land, however if construction costs (to brick up the existing window and doorway, and construct a new doorway from the pharmacy) are deducted from this value, the two pieces being exchanged are of equal value.

The total costs to Council is expected to be around $14,250, however this will be partially offset as the room Council will obtain is valued at $11,000 more than the land Council is disposing of. The net cost to Council is approximately $3,250.

Acquiring the room will result in an increase in rent of the pharmacy building. Based on the current rental rate, the additional space will achieve a rental return of approximately 7% on the total costs to acquire it (the above costs, plus the value of the land being exchanged).


Officer time to manage the works required can be contained within current resourcing allocations.

Consultation

Consultation to date has occurred with the adjoining land owner and the pharmacy operator. Both are supportive of the proposal.

Prior to determining to dispose of any Council owned land, Council must undertake notice in accordance with Section 189, and accept submissions in accordance with Section 223 of the Local Government Act. This requires Council to publish a public notice, invite submissions, and allow submitters to be heard by Council.

This is the standard process Council follows for disposal of any land. Following publishing of Notices, and allowing any submitters that wish to be heard to do so, Council can then make a formal decision on whether or not to proceed with the land exchange.


10. DELEGATES REPORTS

List of Meetings Attended by CEO and Mayor The Chief Executive Officer tabled meetings attended by himself and the Mayor for the period 16 May 2017 to 20 June 2017. Meeting CEO Mayor

Monthly meeting with Maree Edwards MP.

Media interview and photo to promote upgrade of Forest & Barker

Streets intersection with Maree Edwards MP and Mal Kersting,

VicRoads Regional Director.

Individual home visits to four landowners to discuss future

development of Harcourt with Dominique Trickey, Strategic

Planning Coordinator.

Meeting with Warrick Kinscher, General Manager, to discuss

Vossloh Cogifer’s future plans with David Leathem, Manager

Economic Development.

Meeting with community member to discuss the Maldon

Streetscape project.

Maldon Focus quarterly lecture.

Meeting of Southern Loddon Mallee Region CEO’s.

Mount Alexander Health and Social Services Alliance meeting.

Meeting with representatives for the Independent Regional Mothers

of Victoria.

Maldon Gold Project Environmental Review Committee meeting.

Meeting with Noel Claridge, Acting Principal of Castlemaine

Secondary College.

Meeting with Phee Broadway to discuss the history and future of

Phee Broadway Theatre.

First meeting of the Maldon Streetscape Steering Committee with

representatives from Regional Development Victoria, VicRoads and

the Maldon community.

MAV Future of Local Government Summit


Meeting CEO Mayor

Community lunch in Fryerstown with Cr Christine Henderson and

walking tour of the town.

Unveiling of the Reconciliation Stone and Nalderun Awards during

Reconciliation Week.

Meeting to discuss the Maldon Twilight Dinner.

Meeting with DELWP senior staff to discuss Amendments C56 and

C90 to the Mount Alexander Planning Scheme for Diamond Gully

with Jason Taylor, Director Sustainable Development.

Community consultation session for Castlemaine Health.

Annual Changeover Luncheon for Castlemaine Legacy Group Inc.

Cairn Curran Sailing Club presentation luncheon.

Meeting with a community member to discuss World Heritage

Listing.

Meeting with Marg Allan, Regional Director of DELWP Loddon

Mallee

Maldon Community Centre Committee meeting.

Meeting with Malcolm Lazenby, Global Leadership Foundation, to

discuss strategies for development of Council’s Executive and

Leadership Teams.

Meeting of Mayors and CEO’s from Loddon Campaspe Councils,

including a bus tour of challenges and opportunities in Mount

Alexander Shire with Cr Christine Henderson.

MAV Rural North Central Meeting with Cr Christine Henderson.

Official launch of the Rotary Art Show.

Official launch of the Castlemaine Jazz Festival.

Councillors and Community Forum in Maldon.

Community consultation for Maldon Streetscape Design Study.

Funding announcement for Harcourt Mountain Bike Park with

Minister Pulford, Maree Edwards MP and representatives from

DELWP.


Meeting CEO Mayor

Meeting with concerned community members to discuss the

impending closure of the Castlemaine Copy Centre and alternative

employment opportunities for people with a disability.

Shire visit from Councillors and Executive staff of Gympie Regional

Council.

Networking meeting with John Cotterill, Deputy Mayor of Hepburn

Shire.

Rotary Club changeover luncheon.

Meeting with parties interested in supporting development of the

Castlemaine Theatre Royal including business partners, building

owners, representatives from Regional Development Victoria,

David Leathem, Manager Economic Development and Eva Parkin,

Economic Development Officer.

Meeting with Kate Stones, President of Castlemaine Theatre

Company to discuss options for the use of the Phee Broadway

Theatre with Cr Bronwen Machin.

Meeting with Jude Anderson, Artistic Director, and Adrian Corbett,

General Manager, of Punctum to discuss opportunities to partner

with Creative Victoria.

Councillor Bell reported on attending the Wesley Hill Recreation Reserve Committee meeting and spoke in relation to the participation numbers in sports. Councillor Henderson detailed a number of meetings she attended for the period 17 May and 23 June 2017. Date Meeting 17 May 2017 • Fire Managers meeting with Fryers Village community.

• Municipal Fire Management Planning Committee. • Elphinstone Facilities Committee.

22 May 2017 • Planning Panel hearing for supermarket application.

26 May 2017 • Represented Mayor at Loddon Mallee Community Leadership Forum.

28 May 2017 • Fryerstown community lunch. • Barfold Hall Committee meeting.

29 May 2017 • Taradale Hall Committee

30 May 2017 • Launch of Reconciliation Week and the unveiling of the Reconciliation Stone.


2 June 2017 • Launch of Chewton website. • Metcalfe Hall Committee.

7 June 2017 • Represented Mayor at meeting with Japanese representatives for Japanese students visit.

9 June 2017 • Loddon Mallee Regional Mayors and CEO’s Forum and MAV Regional Meeting.

13 June 2017 • Visited Muckleford planning application sites. Met on site with objectors to Templeton Street, Maldon planning application.

18 June 2017 • Uniting Church 40th Anniversary

11. NOTICE OF MOTION

Nil.

12. URGENT SPECIAL BUSINESS

Nil. MOVED COUNCILLOR CORDY

1. Grant Councillor Bronwen Machin leave of absence for the 18 July 2017 Ordinary Meeting of Council to enable her to attend a fully self-funded conference on Collective Impact to be held in Canberra.

2. Request Councillor Machin to provide a report to Council on learnings from the conference applicable to Council at the next appropriate Council meeting.

3. Grant Councillor Taylor leave of absence for the 18 July 2017 Ordinary Meeting of Council.


CARRIED.

Councillor Nieman thanked everyone for their support over the past few months

13. MEETING CLOSE

Meeting closed at 9.50 pm.


minutes of the ordinary meeting of council held on … · councillors: tony bell, tony cordy,...

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