minutes of ordinary council meeting held at 6.30pm on€¦ · minutes of ordinary council meeting...

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MINUTES OF ORDINARY COUNCIL MEETING HELD AT 6.30PM ON 7 TH DECEMBER 2015 IN THE COUNCIL CHAMBER, WESTERN HIGHWAY COMMUNITY PRECINCT, STAWELL PRESENT Cr Murray Emerson (Mayor) Cr Tony Driscoll Cr Kevin Erwin Cr Jason Hosemans Cr Karen Hyslop Cr Merrilee Reid Cr Wayne Rice Mrs Justine Linley, Chief Executive Officer Mr Vaughan Williams, Director Corporate Services Mr Sanjay Manivasagasivam, Director Infrastructure and Environment Mr Michael Bailey, Director Economic and Community Development AFFIRMATION We recognise the traditional owners of the land. We are inspired by the early pioneers and by those who gave their lives for our country. We now ask God’s blessing on our deliberations and on our commitment to build a better lifestyle and environment.

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Page 1: MINUTES OF ORDINARY COUNCIL MEETING HELD AT 6.30PM ON€¦ · MINUTES OF ORDINARY COUNCIL MEETING HELD AT 6.30PM ON 7TH DECEMBER 2015 IN THE COUNCIL CHAMBER, WESTERN HIGHWAY COMMUNITY

MINUTES OF ORDINARY COUNCIL MEETING HELD AT 6.30PM ON

7TH DECEMBER 2015 IN THE COUNCIL CHAMBER, WESTERN HIGHWAY COMMUNITY PRECINCT, STAWELL

PRESENT

Cr Murray Emerson (Mayor)Cr Tony DriscollCr Kevin Erwin

Cr Jason HosemansCr Karen HyslopCr Merrilee ReidCr Wayne Rice

Mrs Justine Linley, Chief Executive OfficerMr Vaughan Williams, Director Corporate Services

Mr Sanjay Manivasagasivam, Director Infrastructure and EnvironmentMr Michael Bailey, Director Economic and Community Development

AFFIRMATION

We recognise the traditional owners of the land.We are inspired by the early pioneers and by those who gave their lives for our

country.We now ask God’s blessing on our deliberations and on our commitment

to build a better lifestyle and environment.

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Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015

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TABLE OF CONTENTS

01. APOLOGIES 302. CONFIRMATION OF MINUTES ...................................................................................303. MATTERS ARISING FROM THE MINUTES ................................................................304. PRESENTATIONS/AWARDS .......................................................................................305. PRESENTATION OF PETITIONS AND JOINT LETTERS ...........................................306. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST ...............................................................................................................................407. ASSEMBLIES OF COUNCILLORS ..............................................................................508. ITEMS BROUGHT FORWARD.....................................................................................509. CONSIDERATION OF REPORTS OF OFFICERS.......................................................6

09.01. Local Government Act Review Submission .................................................................609.02. Council Meeting Schedule 2016 ..................................................................................1009.03. Council Committees Representatives & Delegates List 2016 .................................1309.04. Lease - Stawell Leisure Complex (Fitopia) ................................................................1609.05. Lease - 87 D'Arcy Street Stawell (Grampians YMCA) .............................................1909.06. Leases - Stawell Airport ................................................................................................2309.08. Sale - 65 Sloane Street Stawell ...................................................................................3109.09. Economic Development & Planning Partnerships Report........................................3409.10. Road Discontinuance - Meagher Street Stawell........................................................4409.12. 5.2015.38.1- 151 Grampians Road, Halls Gap- Development of Three Additional Dwellings and Subdivision of Land..............................................................................................51

10. NOTICES OF MOTION OR RESCISSION .................................................................5710.1 Notice of Motion 1/2015 ....................................................................................................57

11. REPORTS FROM COUNCILLORS/COMMITTEES ...................................................5712. URGENT BUSINESS..................................................................................................57

12.1 Pomonal Landfill Site.........................................................................................................5812.2 Letter of Congratulations - Parks Victoria.......................................................................58

13. PUBLIC QUESTION TIME..........................................................................................5814. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989 ....................................................................................................58

14.1 Contract No. C9 2014/15 - Supply of Gravel (Unsealed) Pavement Material ..........59

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01. APOLOGIES

Nil

02. CONFIRMATION OF MINUTES

Ordinary Meeting held on 9 November, 2015Ordinary Meeting held on 23 November, 2015

RESOLUTION

That the minutes as listed, copies of which have been circulated, be confirmed and adopted.

Moved: Cr J HosemansSeconded: Cr W Rice Carried

03. MATTERS ARISING FROM THE MINUTES

Nil

04. PRESENTATIONS/AWARDS

The Mayor acknowledged the following staff for years of service to the Northern Grampians Shire Council :

35 years of servicePeter McSwain – Maintenance Operator (St Arnaud)

15 years of serviceJulie Baxendale - Property & Revenue Co-ordinator

10 years of serviceBeate Hemley - Customer Service OfficerSteve LeSueur - Facilities Co-ordinatorDiane Roberts - Administrative AssistantKym Ryan - Infrastructure OfficerHelen Reading - Child Care Worker

05. PRESENTATION OF PETITIONS AND JOINT LETTERS

Nil

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06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST

A Councillor who has a conflict of interests and is attending the Council meeting of the Council must make a full disclosure of that interest.

(a) by either-

(i) advising the Council at the meeting of the details required under paragraphs (b) and (c) immediately before the matter is considered at the meeting; or

(ii) advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and

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

(i) a direct interest; or

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

section 78 - close association

section 78A - financial interest

section 78B - conflicting duties

section 78C - receipt of an applicable gift

section 78D - consequence of becoming an interested party

section 78E - impact on residential amenity; and

(c) describing the nature of the interest; and

(d) if the Councillor advised the Chief Executive Officer of the details under paragraph (a)(ii), the Councillor must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting.

Members of Staff

Under Section 80C of the Local Government Act 1989, officers or people engaged under contract to the Council providing a report or advice to Council must disclose any conflicts of interests in the matter, including the type of interest.

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07. ASSEMBLIES OF COUNCILLORS

[Justine Linley, Chief Executive Officer]

Section 80A of the Local Government Act 1989 requires that the written record of an Assembly of Councillors is, as soon as practicable, reported at an ordinary meeting of the Council and incorporated in the minutes of that Council Meeting.

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

Date Description Matters/considered Councillor / Officer making

disclosure

Item No.

Left meeting Y/N

26/10/2015Agenda Review Briefing

November Council agenda review; Mayoral Election and Statutory Council Meeting; Council committees Representatives & Delegates list 2016. N/A N/A N/A

09/11/2015

Civic Engagement Briefing

Presentations: Grampians Tourism- Will Flamsteed; Brett Douglas re Dry Seasonal Conditions; Council Agenda Review N/A N/A N/A

16/11/2015

Eco Dev/Planning Taskforce Briefing

Economic Development & Investment Attracting Progress Report; Review of Halls Gap Flood Mapping; Differential Farm Rate; Statutory Meeting Agenda N/A N/A N/A

RESOLUTION

That the report on Assemblies of Councillors be approved.

Moved: Cr Jason HosemansSeconded: Cr Kevin Erwin Carried

08. ITEMS BROUGHT FORWARD

Nil

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09. CONSIDERATION OF REPORTS OF OFFICERS

IMPROVE SOCIAL AND ECONOMIC VIABILITY OF THE SHIRE & DELIVER TARGETED PROJECTS AND CORE SERVICES

09.01. Local Government Act Review Submission

Department: CEO’s OfficeBusiness Unit: Economic DevelopmentDirector: Economic and Community DevelopmentManager Responsible: Economic DevelopmentAuthor/Position: Justine Linley, Chief Executive Officer

Summary

This report discusses the current review of the Local Government Act 1989 and recommends that Council makes a submission as part of the first round of consultation.

Recommendation

That Council makes a submission as part of the first stage of consultation to the Local Government Act Review.

RESOLUTION

That Council makes a submission as part of the first stage of consultation to the Local Government Act Review.

Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried

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Background/Rationale

The Victorian Government has recently announced the first comprehensive review of local government in a quarter of a century.

The review responds to calls from the local government sector and the community for reform of the Local Government Act 1989, which has seen over 90 amending acts resulting in hundreds of individual changes over the past 25 years.

The Local Government Act Review discussion paper has been released to begin a discussion on the role of local government and what the future looks like for local government in Victoria. It is intended that the review be an opportunity for both state and local governments to build stronger communities for local residents resulting in updated legislation that modernises the relationship between the state and local government sectors to better reflect essential roles and responsibilities.

The review will look at the objectives, roles and functions of councils; the powers required of councils to achieve these objectives and perform their roles and functions; and the extent these should be regulated under the Act. It will consider all legislation for which the Minister for Local Government is responsible to form a simple and integrated new Act.

Timeline2015 – Consultation on issues around the current Act2016 – Consultation on reform directions2017 - Consultation on proposed new legislation.

Advisory CommitteeAn Advisory Committee has been appointed to provide independent advice to the Minister for Local Government on the reforms required. Chaired by Member for Yuroke Ros Spence, the Advisory Committee includes current councillor representatives of metropolitan and regional councils and past senior local and state government executives.

Local government peak organisations (Municipal Association of Victoria, Victorian Local Governance Association and LGPro) will also contribute to the review through direct consultation with the Minister and ongoing liaison with Local Government Victoria as the review proceeds.

Members: Ros Spence MLA (chair), Member for Yuroke – former councillor at Hume

City Council Dr Kathy Alexander – former CEO of Melbourne City Council Kay Rundle – former CEO of Port Phillip, Greater Geelong and

Maribyrnong City Councils

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Nicholas Reece, Principal Fellow Melbourne School of Government and senior executive in Chancellery, University of Melbourne and former Director of Strategy, Office of the Prime Minister.

Mary Delahunty, councillor at Glen Eira City Council David Clark, councillor at Pyrenees Shire Council

The Advisory Committee will provide advice to the Minister and to the department on all aspects of the review.

Council has read and worked through the core issues outlined in the discussion paper and intends to make a submission. A copy of the draft submission is attached.

Budget

There are no budget implications.

Legislation, Council Plan, Strategy and Policy Implications

The two Council Plan objectives for Northern Grampians Shire Council are: To improve the social and economic viability of the shire To deliver targeted projects and core services

As part of these objectives Council has a key role to play in advocating for legislative and policy change for the betterment of the local community.

Options

Option 1That Council makes a submission to the first stage of consultation on the Local Government Act Review. (recommended)

Option 2That Council notes the officer’s report, but declines to make a submission. (not recommended).

Reporting

Implications Considered in this report?

Implication identified?

Social Yes No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

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Economic & Marketing Yes Yes

Risk Management No No

Financial Yes No

Asset Management No No

Consultation

Community groups, organisations and individuals are consulted on specific initiatives identified in the Council Plan.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Chief Executive Officer, Justine LinleyIn providing this advice as the author I have no disclosable interests in this report.

Attachments

9.1.1 Northern Grampians Submission Local Government Act Review

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09.02. Council Meeting Schedule 2016

Department: Corporate ServicesBusiness Unit: GovernanceDirector: Vaughan Williams, Director Corporate ServicesManager Responsible: Mary Scully, Manager Governance & Civic

SupportAuthor/Position: Mary Scully, Manager Governance & Civic

Support

Summary

The purpose of this report is to set Council meeting dates for 2016. During 2015 Council held its Ordinary meetings at 6.30pm on the first Monday of each month alternating between Stawell and St Arnaud.

Recommendation

That Council adopts the proposed meeting schedule as listed in the report with meetings to commence at 6.00pm.

RESOLUTION

That Council adopts the proposed meeting schedule as listed in the report with meetings to commence at 6.00pm.

Moved: Cr Karen HyslopSeconded: Cr Merrilee Reid Carried

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Background/Rationale

This report allows Council the opportunity to consider the location and starting time of its meetings. If Council agrees to continue its current practice, a proposed meeting timetable is provided for consideration. It is also noted that 2016 is a local government election year in Victoria. Additional meetings may also need to be scheduled prior to and after the election to be held on Saturday 22 October 2016.

Date Meeting Type

Location

Monday 1st February Ordinary St Arnaud

Monday 7th March Ordinary Stawell

Monday 4th April Ordinary St Arnaud

Monday 2nd May Ordinary Stawell

Monday 6th June Ordinary St Arnaud

Tuesday 14th June (budget adoption) Due to Queen’s Birthday

Ordinary Stawell

Monday 4 July Ordinary St Arnaud

Monday 1st August Ordinary Stawell

Monday 5th September Ordinary St Arnaud

Monday 3rd October Ordinary Stawell

Monday 14th November (due to Melb Cup)

Ordinary St Arnaud

Monday 5th December Ordinary Stawell

Legislation, Council Plan, Strategy and Policy Implications

Council Plan Objective - Deliver targeted projects and core services. Options

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

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

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Reporting

Implications Considered in this report?

Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management No No

Financial No No

Asset Management No No

Consultation

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

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Manager Responsible- Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.

Attachments

Nil

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09.03. Council Committees Representatives & Delegates List 2016

Department: Corporate ServicesBusiness Unit: GovernanceDirector: Director Corporate ServicesManager Responsible:Manager Governance & Civic SupportAuthor/Position: Mary Scully, Manager Governance & Civic

SupportSummary

The purpose of the report is to appoint Councillor and officer delegates for the next twelve months as detailed in the attachment.

Recommendation

That Council appoints Councillor and officer delegates for the next twelve months as detailed in the attachment.

RESOLUTION

That Council appoints Councillor and officer delegates for the next twelve months as detailed in the attachment.

Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried

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Background/Rationale

In addition to formal Council meetings, Councillors and officers commit to representing Council through involvement with a number of special and advisory committees, organisations and support groups. This involvement includes, but is not limited to, attending meetings, providing advocacy, and acting as the conduit through which the group’s ideas and plans are communicated to Council.

The committees, organisations and groups are established for a variety of purposes including providing advice to Council, to make particular types of Council decisions such as planning decisions, those established that have been delegated a power or duty by the Council, those required by legislation, and others established in order to provide a regional focus on a particular issue. Councillors will have an opportunity to be involved with numerous local groups and those detailed in the attachment are those that Council may be directly involved with or have been asked to be part of. Councillors have had an opportunity to consider the various delegations to the committees, organisations and groups as detailed in the attachment.

Financial - Council provides for the cost of memberships and meeting attendances in its annual budget.

Legislation, Council Plan, Strategy and Policy Implications

Council Plan - Delivered targeted projects and core services. Options

Council has the option to appoint the various Councillor and Officer delegates or take no further action.

Reporting

Implications Considered in this report?

Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

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Risk Management No No

Financial Yes Yes

Asset Management No No

Consultation

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

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Author and Manager Responsible – Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author and Manager Responsible, I have no disclosable interests in this report.

Attachments

9.3.1 Council Committee Representatives & Delegates 2016

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09.04. Lease - Stawell Leisure Complex (Fitopia)

Department: Economy & CommunityBusiness Unit: Recreation ServicesDirector: Michael Bailey, Director Economic & Community

DevelopmentAuthor/Position:Debbie Bach, Manager Economic & Community Growth

Summary

The purpose of this report is for Council to authorise entering into a lease with Fitopia for the use of a designated part of the Stawell Leisure Complex being Squash Courts 5 & 6, Stawell as part of a program to maximise the use of existing facilities.

Recommendation

That Council:

1. enters into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by all parties.

RESOLUTION

That Council:

1. enters into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by all parties.

Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop Carried

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Background/Rationale

Fitopia commenced leasing squash courts 5 & 6 at Stawell Leisure Complex in November 2007 as a fitness and lifestyle coaching facility. The owners undertook significant capital works at cost to themselves which has transformed the area into a functional user friendly facility.

The current further term option for their lease is due to expire in November 2016 so to provide security for the business Fitopia has requested a new longer term lease.

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

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

That Council:

1. gives notice of its intention to enter into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and

2. in respect of the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.

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

Legislation, Council Plan, Strategy and Policy Implications

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

Option 1 (Recommended)

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

Leisure Complex, Stawell; and2. authorises the Mayor and Chief Executive Officer to sign the relevant

lease documents as agreed by all parties.

Option 2 (Not recommended)

Not to enter into a lease with Fitopia for the lease of a designated part of Stawell Leisure Complex, Stawell.

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Reporting

Consultation

Community consultation has occurred via the giving of public notice. This has been completed and no submissions have been received.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Author - Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Author, I have no disclosable interests in this report.

Attachments

Nil

Implications Considered in this report?

Implication identified?

Social Yes Yes

Heritage/Cultural No No

Amenity Yes Yes

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

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

Department: Economic & CommunityBusiness Unit: Economic & Community GrowthDirector: Michael Bailey, Director Economic & Community

Development Manager Responsible:

Debbie Bach, Manager Economic & Community Growth

Author/Position: Michael Bailey, Director Economic & Community Development

Summary

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

“That Council ceases operating Long Day Care and Kindergarten from the Taylors Gully Childcare facility on or before 18th December 2015”.

Following the decision above, officers released an Expression of Interest for the lease of the building. After assessment of the expression of interest responses a paper was put to Council on the 5th of October 2015. At the October meeting, Council moved the following resolution:

That Council: 1. gives notice of its intention to enter into a lease with the Grampians YMCA

for the use of a designated part of 87 D’Arcy Street, Stawell; and2. in respect to the above notice, seeks submissions from any person

pursuant to section 223 of the Local Government Act 1989.

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

Officers are now seeking approval to enter into a lease with Grampians YMCA for lease of a designated part of 87 D’Arcy Street, Stawell and authorisation for the Mayor and Chief Executive Officer to sign the lease as agreed by all parties.

Recommendation

That Council

1. enters into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by both parties.

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RESOLUTION

That Council

1. enters into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by both parties.

Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop Carried

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Background/Rationale

The Grampians YMCA aims to develop a community hub at the facility including the provision of activities for all generations of our community. Specific programs and services will be targeted at improving health and social outcomes along with more broad reaching programs such as education for new parents.

The Grampians YMCA will also work collaboratively with the current tenants being the Stawell & District Pre-School Association and Northern Grampians Shire Council Maternal & Child Health Services.

It is expected that should the lease be approved it will commence on 1st January, 2016 with services to the community commencing in February 2016.

Council passed a resolution of intention to enter into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell and to call for submissions in line with section 223 of the Local Government Act 1989 at the 5th October meeting.

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

Legislation, Council Plan, Strategy and Policy Implications

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

1. enters into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by both parties.

or

Council does not enter into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street.

Reporting

Implications Considered in this report? Implication identified?

Social Yes Yes

Heritage/Cultural No No

Amenity Yes Yes

Human Rights/Privacy No No

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Consultation

Significant consultation has occurred with all stakeholders since the initial decision about the future of the Taylors’ Gully Childcare facility on the 3rd of August 2015.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Director Economic & Community Development - Michael BaileyIn providing this advice as the Director Economic & Community Development, I have no disclosable interests in this report.

Attachments

Nil

Environmental No No

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

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09.06. Leases - Stawell Airport

Department: Infrastructure & EnvironmentBusiness Unit: InfrastructureDirector: Director Infrastructure & EnvironmentManager Responsible:

Manager Infrastructure

Author/Position: Sanjay Manivasagasivam, Director Infrastructure & Environment

Summary

The purpose of this report is for Council to commence the process to enter into formal, standardised leases with tenants for the use of designated parts of the Stawell Airport.

Recommendation

That Council:

1. gives notice of its intention to enter into individual leases with the following for the use of designated parts of the Stawell Airport:

David Jeanes [Lot 2]Mike McCaw [Lot 3]Grant Harrison [Lot 5] GR and CM Boatman [Lots 6 and 10] AGAIR Logistics Pty Ltd [Lots 7, 8, 13, 17, 50, 51 and 52]Pastoral & General Holdings Pty Ltd [Lot 53]Dean Boatman [Lot 54]

2. in respect of the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.

RESOLUTION

1. gives notice of its intention to enter into individual leases with the following for the use of designated parts of the Stawell Airport:

David Jeanes [Lot 2]Mike McCaw [Lot 3]Grant Harrison [Lot 5] GR and CM Boatman [Lots 6 and 10] AGAIR Logistics Pty Ltd [Lots 7, 8, 13, 17, 50, 51 and 52]Pastoral & General Holdings Pty Ltd [Lot 53]Dean Boatman [Lot 54]

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2. in respect of the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.

Moved: Cr Wayne RiceSeconded: Cr Kevin Erwin Carried

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Background/Rationale

There have been ongoing discussions for several years between Council, the Stawell Aerodrome Committee and site occupants at the Stawell airport in regard to sites as occupied by various individuals and businesses. The existing arrangements for each site occupation vary greatly from minimal agreements through to formal leases, all with varying conditions, expiry dates, payment details and length of terms.

It is proposed to adopt new leases for all sites, with common conditions, terms, expiry dates and payment schedules, with the exception of the Bureau of Meteorology-Automatic Weather Station site, as that lease continues until 2030 under a nominal payment schedule due to its important public information function to the airport and the broader shire community.

There are two basic lease types proposed to be adopted, one for the Council owned freehold sites, and one for the Crown land sites as managed by Council as the Committee of Management under delegation from DELWP.

It is the opportune time to renew all other leases, as the Aero Restorations lease ends on 1 December 2015 and no other site has an agreement or lease that will still be current after that date. There are also new applicants for extra hangar sites, plus altered site sizes due to recent upgrades and works by various occupants.

It should be noted that all occupied sites are still liable for general rates and charges, regardless of whether they have a formal lease or otherwise.

A new site plan has been developed to include all of the sites, and to give them new lot numbers, street addresses and to define the lease areas. It is still the intention at a later date to put a separate report to Council in regard to options for the freeholding of any of the Council owned lease sites and possible sale to those lessees who may be interested in that option. The new freehold leases will include special conditions to allow that conversion to freehold at any time during the term of the lease, if Council approves.

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

Lease term 5 x 5 x 5 years.

Common expiry date of 1st March, and all lease payments to be invoiced / payable up front each year.

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

Initial 5 year term with no CPI increase, but with a sliding scale of subsidy from 80% to 50% over the next four years.

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

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Water and sewer costs to be included in lease payments, as they cannot be easily separated out for each site.

Power and NBN extensions or ongoing usage costs to be borne by tenants. [It is noted that the airport site is to be covered by a fixed wireless network, not by the copper network, although the existing serviced properties would remain connected to that copper network]

All service extensions, earthworks, other site works or connection to the access road and/or airside apron areas to be at the lessee’s cost, unless they can be included in a future grant application by Council.

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

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

Only aviation based businesses to be approved for any site that has direct airside access.

All other normal commercial lease conditions for renewal, insurances and related matters.

Legislation, Council Plan, Strategy and Policy Implications

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

Option 1 (Recommended)

Agree to give public notice of Council’s intention to enter into leases with tenants for the lease of designated parts of the Stawell Airport, and seek submissions on the proposal.

Option 2 (Not recommended)Not to enter into leases with tenants for the lease of designated parts of Stawell Airport.

Reporting

Implications Considered in this report?

Implication identified?

Social Yes Yes

Heritage/Cultural No No

Amenity Yes Yes

Human Rights/Privacy No No

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Consultation

All tenants were invited to two separate Airport Advisory Committee meetings held on 23 November and 3 December 2015.

Community consultation will also occur via the giving of public notice. Council is required to consider any submissions received prior to making a formal decision on the proposed leases.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Director - Sanjay Manivasagasivam, Director Infrastructure & EnvironmentIn providing this advice as the Director, I have no disclosable interests in this report.

Authors - Allan Ralph, Contract Engineer/Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Authors, we have no disclosable interests in this report.

Attachments

9.6.1 Site Plan

Environmental No No

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

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09.07. Sale - 14 Wellington Street St Arnaud

SummaSummary

The purpose of this report is to formalise the process to sell Council owned land which Council has determined it no longer requires for municipal purposes at 14 Wellington Street St Arnaud.

Recommendation

That Council :

1. resolves to offer for sale the property at 14 Wellington Street, St Arnaud as determined: and

2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.

RESOLUTION

1. resolves to offer for sale the property at 14 Wellington Street, St Arnaud to East Wimmera Health Service; and

2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.

Moved: Cr Tony DriscollSeconded: Cr Merrilee Reid Carried

Department: Corporate ServicesBusiness Unit: Governance & Civic SupportDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic SupportAuthor/Position: Vaughan Williams, Director Corporate

Services

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Background/Rationale

At its meeting on 5 October, Council considered the sale of 14 Wellington Street St Arnaud on the open market and resolved to give public notice of its intention to sell the property and to invite submissions in accordance with section 223 of the Local Government Act 1989. Public Notice was given in the North Central News on 14 October and 4 submissions were received.

Financial: The sale of the building will result in lower maintenance costs and reduce our future liability for replacement. This is also an opportunity for Council to realise a return on the sale of the land.

Asset Management: There are no service or asset management implications and the proposed sales are consistent with Council’s building rationalisation strategy.

Risk Management: The sale of the property is part of Council’s asset rationalisation process and will lead to an improvement in our asset renewal gap.

Legislation, Council Plan, Strategy and Policy ImplicationsAsset Strategy - We will reduce the infrastructure renewal gap and manage our roads, buildings and structures for safety and optimal use by commencing a project to review, consolidate and reduce building assets

Options

Option 1

To resolve to sell 14 Wellington Street St Arnaud on the open market and authorise the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared. [Not recommended]

Option 2

To resolve to sell 14 Wellington Street St Arnaud to East Wimmera Health Service and authorise the Chief Executive Officer to enter into negotiations with EWHS, finalise terms of sale and sign and seal the contract of sale when prepared. [Recommended]

Option 3

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

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Reporting

Consultation

The giving of public notice has allowed for community consultation and an invitation to prospective purchasers. Five submissions were received and circulated to Councillors separately. Council is required to consider all submissions received prior to making a formal decision on the proposed sale.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Director - Vaughan Williams, Director Corporate ServicesIn providing this advice as the Director, I have no disclosable interests in this report.

Author - Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.

Attachments

9.7.1 14 Wellington Street_Esmore9.7.2 14 Wellington Street_Egan9.7.3 14 Wellington Street_Wooley9.7.4 14 Wellington Street_East Wimmera Health Service9.7.5 14 Wellington Street_Rotary9.7.6 14 Wellington Street_McIntyre

Implications Considered in this report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

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(Attachments circulated separately)

09.08. Sale - 65 Sloane Street Stawell

Department: Corporate ServicesBusiness Unit: Governance & Civic SupportDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic SupportAuthor/Position: Vaughan Williams, Director Corporate

Services

Summary

The purpose of this report is to formalise the process to sell Council owned land which Council has determined it no longer requires for municipal purposes at 65 Sloane Street, Stawell

Recommendation

That Council :

1. resolves to offer for sale on the open market the property at 65 Sloane Street, Stawell: and

2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.

RESOLUTION

1. resolves to offer for sale on the open market the property at 65 Sloane Street, Stawell: and

2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.

Moved: Cr Wayne RiceSeconded: Cr Jason Hosemans Carried

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Background/Rationale

At its meeting on 5 October, Council considered the sale of 65 Sloane Street Stawell on the open market and resolved to give public notice of its intention to sell the property and to invite submissions in accordance with section 223 of the Local Government Act 1989. Public Notice was given in the Stawell Times News on 16 October and 1 submission received.

Financial: The sale of the building will result in lower maintenance costs and reduce our future liability for replacement. This is also an opportunity for Council to realise a return on the sale of the land.

Asset Management: There are no service or asset management implications and the proposed sales are consistent with Council’s building rationalisation strategy.

Risk Management: The sale of the property is part of Council’s asset rationalisation process and will lead to an improvement in our asset renewal gap.

Legislation, Council Plan, Strategy and Policy Implications

Asset Strategy - We will reduce the infrastructure renewal gap and manage our roads, buildings and structures for safety and optimal use by commencing a project to review, consolidate and reduce building assets

Options

Option 1

To resolve to sell 65 Sloane Street Stawell on the open market and authorise the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared. [Recommended]

Option 2

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

Reporting

Implications Considered in this report?

Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

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Consultation

The giving of public notice has allowed for community consultation and an invitation to prospective purchasers. One submission was received and has been circulated to Councillors separately. Council is required to consider all submissions received prior to making a formal decision on the proposed sale.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Director - Vaughan Williams, Director Corporate ServicesIn providing this advice as the Director, I have no disclosable interests in this report.

Author - Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.

Attachments

9.8.1 Landers & Rogers Lawyers (circulated separately)

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

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09.09. Economic Development & Planning Partnerships Report

Department: Economic & CommunityInfrastructure & Environment

Business Unit: Economic GrowthEnvironment & Regulatory Services

Director: Director Economic & CommunityDirector Infrastructure & Environment

Manager Responsible:

Manager Economic & Community GrowthManager Environment & Regulatory Services

Author/Position: Debbie Bach, Manager Economic & Community GrowthWarren Groves, Manager Environment & Regulatory Services

Summary

This report provides information on activities being conducted within the shire by the Business Services Team and the Planning and Development Services Team. Economic growth remains a top priority for both teams, focusing on business support and enabling development across the shire. The information contained in this report, provides not only an important indicator of the administrative work being undertaken by Council in the provision of planning and building services, but also provides an important indicator as to the economic activity that is occurring throughout the municipality.

Recommendation

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

RESOLUTION

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

Moved: Cr Kevin ErwinSeconded: Cr Tony Driscoll Carried

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Background/Rationale

Dry Seasonal Conditions

With our agricultural community experiencing a second year of dry seasonal conditions, this year has been described as one of the worst on record. Australian climatic records are now sufficiently reliable to profile climate variability taking into account expectations for regions. Bureau of Meteorology records since the 1860s show that a ‘severe’ drought has occurred in Australia, on average, once every 18 years. State Governments are responsible for declaring a region drought affected and the declaration will take into account factors other than rainfall.

The worst drought to affect the country occurred in the 21st century–between the years 2003 to 2012. Nonetheless, many regions of Australia are still in significant drought and rainfall records have showed a marked decrease in precipitation levels since 1994, with many scientists attributing this to climate change and global warming.

While Northern Grampians Shire has a very robust agricultural sector, and many businesses diversifying to minimise the impact of dry weather, there is still a need for support to be provided by multiple services including but not limited to Local, State and Federal Government.

Council is continuing to work with surrounding councils, health and community organisations and government departments to help minimise the impact on one of our most important sectors as well as the flow-on effect into the retail sector, which has already been noticed.

As part of the Wimmera Season Condition Committee, Council has participated in meetings to identify strategies to help the agricultural sector. One of these strategies has been to plan a mental health first aid course, where two people from each council area would be trained to help people deal with depression and anxiety brought on by financial and other stresses resulting from the dry weather event. Six councils, health services, the Victorian Farmers Federation, Rural Financial Counselling and State and Federal Government departments make up the Seasonal Conditions Committee, which plans for and responds to community needs during adverse conditions.

Council has also been talking to primary producers in the north of the shire to understand their needs and how best to address them, and has begun organising meetings at fire sheds and recreational reserves that will help people with practical actions they can take to minimise the dry season’s impact.

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These fire shed and recreation reserve events aim to: Provide land managers with best practice techniques for drought

management. Create a greater awareness of health services available to land managers Reduce the stigma of mental health illnesses Provide land managers with information on topics such as drought

assistance schemes are other financial assistance available.

A drought response package has been announced by the State Government which includes:

Extension services to farmers

The Drought Extension Program will accelerate delivery of additional farm information and advisory services to support farmers during drought and dry seasons. The additional farm extension services will provide farmers with practical farm advice and support services.

CMA Drought Employment Program

The Catchment Management Authority (CMA) Drought Employment Program will employ farmers, farm workers and individuals affected by drought to undertake environmental projects.

Additional Rural Financial Counsellors

The Rural Financial Counselling Service provides free, independent and confidential support to primary producers, fishers and small rural businesses experiencing financial hardship.

The Victorian Government is funding additional counsellors.

Community engagement and support package and Mental Health First Aid training

Additional for Primary Care Partnerships will support community health and community led projects. This will include Mental Health First Aid Training in the most drought impacted areas.

Back to School

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

Back To School is available state-wide. Principals of schools in drought affected areas will be contacted directly. This includes: Buloke, Yarriambiack, Loddon, Northern Grampians, Horsham, Hindmarsh, Gannawarra, Pyrenees, Central Goldfields and West Wimmera Local Government areas.

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Support for kindergarten participation

Kindergarten service providers within the identified local government areas will be able to apply for a Drought Kindergarten Fee Subsidy on behalf of families experiencing financial hardship as a result of the drought.

Community based, not for profit kindergarten service providers that can demonstrate financial hardship as a consequence of the drought will be eligible to apply for a one-off grant to support their continued operation.

Camps, Sports and Excursions Fund

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

Eligibility is being extended to students that are currently enrolled in government and non-government schools with a parent or legal guardian who do not hold a means-tested concession card, but are experiencing financial hardship as a result of drought conditions.

Families who have already claimed the CSEF payment in 2015 may seek an additional 'one off' payment under the drought relief package, which can be accessed in 2015 or 2016, prior to June 30, 2016.

Fast tracking the consideration of regional development projects in identified drought impacted areas which meets funding guidelines

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

Prioritising rehabilitation road works to projects in drought affected areas

In an attachment to this report, the Summer Economic Report Card focuses on the agriculture sector on the back of another dry season.

Following is a summary of both Planning and Building Permit activity in the Northern Grampians Shire for the period 1 October to 31 October 2015 inclusive.

PLANNING PERMITS

Planning Permits Issued No. ValuePermits issued YTD in 2015 73 $ 13,576,773Permits issued YTD in 2014 66 $ 18,173,346Permits issued in October 2015 11 $ 875,500Permits issued in October 2014 9 $ 1,082,000Permits under consideration 34 $ 8,884,552

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A specific breakdown of the Planning Permit values issued and those under consideration by areas in October 2015 is now provided as follows:

STAWELLOctober YTD Under

ConsiderationBusiness $495,000 $3,175,412 $ 300,000Residential $3,569,500 $ 4,940,052RuralMiningCommunitySignage $8,000Tourist AccommodationOther $ 1,000 $1,300,000Total $ 495,000 $6,753,912 $6,540,052

ST ARNAUDOctober YTD Under

ConsiderationBusiness $ 9,500Residential $ 521,000 $ 250,000RuralMiningCommunitySignageTourist AccommodationOther $ 120,000Total $0 $ 650,500 $ 250,000

HALLS GAPOctober YTD Under

ConsiderationBusiness $10,000 $ 13,000 $ 8,000Residential $360,000 $

1,098,500$ 1,399,000

RuralMiningCommunity $ 30,000SignageTourist AccommodationOther $ 85,000Total $ $370,000 $

1,196,500$ 1,437,000

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OTHER AREASOctober YTD Under

ConsiderationBusiness $ 2,500 $ 942,500Residential $8,000 $1,197,201 $ 639,000Rural $ 110,000MiningCommunity $ 5,160SignageTourist AccommodationOther $2,721,000 $18,500Total $10,500 $4,975,861 $ 657,500

SUBDIVISION No. of Applications No. of Lots

Residential 8 80Industrial

Figure No. 1 Historical Comparison of Planning Permits Issued (No’s)January – December 2011 – 2015

Significant Planning Permits Issued:

5.2014.11.2 (Amendment)

46 Abattoir Road, Stawell

Frewstal Pty Ltd

$480,000 Amendment to Development being Buildings and Works associated with the existing Abattoir (being new processing room, 2 store rooms, truck wash, kill floor waste pit and trade waste equipment facility, extension to existing loading bay and offal room, extension to amenities building,

15/10/2015

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development of a boiler room, storage shed, guard house and boom gates, 6 metre high wall, relocation of unloading ramps and creation of stock truck parking and exist driveway) and associated works.

5.2015..69.1 3149 Western Highway, Stawell

KS Padley (Magdala Motor Lodge)

$0 Use of land to sell or consume liquor (extension of licenced area and inclusion of patron numbers)

28/10/2015

5.2015.56.1 129 Main Street, Stawell

F Notting $15,000 Development being Buildings and Works.

9/10/2015

5.2015.52.1 116 Main Street, Great Western

Wohcha Pty Ltd

$2,500 Use of land to sell Liquor (Packaged Liquor Licence) and relocate existing Advertising Sign

9/10/2015

Significant Planning Permit Applications Received :

5.2015.74.1 60 Napier Street, St Arnaud

RL Ewert $0 Use of Land to sell or consume Liquor (General Liquor Licence) and waiving of car parking requirements for use of land as a Hotel.

5.2015.75.1 Saleyards Road, Stawell

R Barber $300,000 Use and Development of a Materials Recycling Facility and associated works.

5.2015.77.1 428 Kooreh Road, Carapooee

Country Fire Authority

$9,000 Development being Buildings and Works associated with the existing Emergency Services Facility (Fire Station Verandah) and associated works.

5.2015.84.1 17 Forest Street, Glenorchy

James Goldsworthy Consulting Pty Ltd

$9,500 Development being building and works (toilet/change room) associated with the existing Emergency Services Facility (Rural Fire Station).

BUILDING PERMITS

Building Permits Issued

CouncilBuilding Surveyor

Private Building Surveyor

Total Value

Permits issued YTD in 2015

106 35 141 $ 10,919,687

Permits issued YTD in 2014

90 57 147 $ 11,702,790

Permits issued in October 2015

18 2 20 $ 918,613

Permits issued in October 2014

14 16 30 $ 3,184,041

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Figure No. 2 Historical Comparison of Building Permits Issued (No’s) January – December 2011 – 2015

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Significant Building Permits Issued:

6..2014.159.1 36 Lavett Road, Stawell

Stawell Rifle Club Inc.

$27,000 Extension to existing shed

6.2015.106.1 85 Main Street, Stawell

RJ Haswell $55,412 Construction of Shop Verandah

6.2015.132.1 46-48 Longfield Street, Stawell

Northern Grampians Shire Council

$2,000 Demolition of Public Toilets

6.2015.140.1 2 Heath Street, Halls Gap

RJ Flecknoe & CE Wallman

$269,986 Alterations & Change of Use to an existing building

6.2015.143.1 4 Allen Crescent, Stawell

WG & VJ Bowers

$9,100 Demolition of Dwelling

Legislation, Council Plan, Strategy and Policy Implications

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

No options other than for Council to note the officer’s report, are recommended.

Reporting

Implications Considered in this report?

Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management No No

Financial No No

Asset Management No No

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Consultation

No community consultation required.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Manager and Author, I have no disclosable interests in this report.

Warren Groves, Manager Environment and Regulatory ServicesIn providing this advice as the Manager and Author, I have no disclosable interests in this report.

Attachments

9.9.1 Summer Economic Report Card9.9.2 Bureau of Meteorology Report

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09.10. Road Discontinuance - Meagher Street Stawell

Department: InfrastructureBusiness Unit: Engineering ServicesDirector: Director Infrastructure & EnvironmentManager Responsible: Manager InfrastructureAuthor/Position: Trenton Fithall, Infrastructure Engineer

Summary

To review submissions received and make a recommendation regarding the proposed discontinuance of a portion of Meagher Street, Stawell.

Recommendation

That Council declares that the portion of Meagher Street adjacent to Crown Allotment 3 Section 49 Parish of Stawell to be discontinued to traffic.

RESOLUTION

That Council declares that the portion of Meagher Street adjacent to Crown Allotment 3 Section 49 Parish of Stawell to be discontinued to traffic.

Moved: Cr Kevin ErwinSeconded: Cr Karen Hyslop Carried

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Background/Rationale

As detailed in the 3 August 2015 report, the proposed discontinuance has been requested by the Department of Environment, Land, Water & Planning to allow the disposal of a portion of the Meagher Street road reserve.

In declaring the road discontinuance Council is aware that the effect of the closure will be that;

o The discontinuance will be absolute;

o The road will be shown as discontinued on all departmental plans and Office of Title charts and on the titles of abutting lands;

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

o The land in the discontinued road will become unalienated land of the Crown and can be dealt with under the provisions of the Land Act which includes the scale of freehold.

The formal process for Council involves:-

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

o Giving notice of the intention and seeking submissions (an advertisement was placed on 9 October 2015).

o Allowing time for submissions (no submissions were received).

o Considering submissions (no submissions were received).

o Resolving to give notice in the Government Gazette; and

o Processing the necessary plans and other documents to give effect.

The proposed discontinuance of the portion of road reserves will not affect access to properties as all properties with access via this portion of Meagher Street are owned by Eventide Homes (Stawell) Inc. which intends to buy the portion when made available.

Legislation, Council Plan, Strategy and Policy Implications

Council will reduce the infrastructure renewal gap and manage our roads, building and structures for safety and optimal use. Options

Option 1Council does not agree to discontinue the portion of Meagher Street, Stawell and Meagher Street continues to be a public highway.

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Option 2Council declares the portion of Meagher Street, Stawell be discontinued to traffic.

Reporting

Implications Considered in this report?

Implication identified?

Social Yes No

Heritage/Cultural Yes No

Amenity Yes No

Human Rights/Privacy Yes No

Environmental Yes No

Economic & Marketing Yes No

Risk Management Yes No

Financial Yes Yes

Asset Management Yes Yes

Consultation

Letters requesting submissions under section 223 of the Local Government Act 1989 were sent to residents in close proximity and the Environment, Land, Water & Planning. An advertisement about the proposed discontinuance was placed in the Stawell Times News on Friday 9 October 2015.

No written submissions were received which is expected as the closure only affects the parties wishing to purchase the portion of Meagher Street.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Infrastructure Engineer - Trenton FithallIn providing this advice as the Infrastructure Engineer, I have no disclosable interests in this report.

Attachments

9.10.1 DELWP Allotment Plan9.10.2 Meagher Street Aerial Map

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09.11. Proposed Road Naming - Gre Gre

Summary

To consider undertaking the process to name the unnamed road between McIntyre Road and Lowe Road at Gre Gre as Cunningham Road.

Recommendation

That Council gives public notice of its intention to name the unnamed road between McIntyre Road and Lowe Road at Gre Gre as Cunningham Road.

RESOLUTION

That Council gives public notice of its intention to name the unnamed road between McIntyre Road and Lowe Road at Gre Gre and seek community input to an appropriate name for the road.

Moved: Cr Tony DriscollSeconded: Cr Merrilee Reid Carried

Department: Corporate ServicesBusiness Unit: Governance & Civic SupportDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic Support

Author/Position: Mary Scully, Manager Governance & Civic Support

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Background/Rationale

Council is the road naming authority for local roads in accordance with Schedule 10 of the Local Government Act 1989 which empowers Council to name roads. Any road naming must be in accordance with Geographic Place Names legislation.

Council officers have identified a road naming error in the VicNames database and have suggested the naming of the unnamed road between McIntyre Road and Lowe Road at Gre Gre, and shown on the map below, to address the anomaly. The correct naming of this road will ensure the delivery of emergency services.

Finance - The naming of roads incurs administration, advertising and signage costs.Risk Management - The naming of roads is a means to minimise risk and ensure the prompt delivery of emergency services.Asset Management - The level of service will not increase as a result of the road being formally named. The road is classed as Rural Access Property as per the Council’s Roads & Street Network Service Asset Management Plan and the maintenance standard of the road will be as per the agreed service level by the Council for that classification. Signage is proposed.

Legislation, Council Plan, Strategy and Policy Implications

Council Plan - Delivered targeted projects and core services.

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Options

Council has the option of agreeing to give public notice of the proposal or to take no further action. [Recommended]

Council may choose to have input into the form of community consultation appropriate and decide whether or not to seek further comment from other persons or groups before making a formal decision on the proposal.

Reporting

Implications Considered in this report?

Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing No No

Risk Management Yes Yes

Financial Yes Yes

Asset Management Yes Yes

Consultation

Community consultation is an important part of the road naming process and the giving of public notice will allow interested persons an opportunity to comment prior to the road being formally named.

As part of the required community consultation Council has sought comment from the local Gre Gre Hall Committee to a suggestion that the road be named as Cunningham Road in recognition of an original landholder of several parcels of land adjoining the unnamed road.

No comment was received. It is Council’s policy to name roads after original landholders to recognise the contribution of early families to the area.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

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Author - Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.

Attachments

Nil

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09.12. 5.2015.38.1- 151 Grampians Road, Halls Gap- Development of Three Additional Dwellings and Subdivision of Land

Department: Environment and Regulatory ServicesBusiness Unit: Development ServicesDirector: Director Infrastructure and EnvironmentManager Responsible:

Manager Environment and Regulatory Services

Author/Position: Jodie Senior, Planner

Summary

To have Council consider and decide on an application for a planning permit for the Development of three Dwellings and the Subdivision of Land (4 lots), alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap.

Recommendation

That Council issues a permit (Notice of Decision) for the Development of Three Dwellings and the Subdivision of Land (4 lots), alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap, subject to conditions.

RESOLUTION

That Council issues a permit (Notice of Decision) for the Development of Three Dwellings and the Subdivision of Land (4 lots), alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap, subject to conditions.

Moved: Cr Jason HosemansSeconded: Cr Wayne Rice Carried

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Background/Rationale

The Land

The land is situated at 151 Grampians Road, Halls Gap being Lot 3 LP 116118, Parish of Boroka.

The land has access from Grampians Road, which is a Road Zone Category 1 (VicRoads).

There is currently a two bedroom brick dwelling on the subject land, located at the front of the site. Behind the dwelling is a large area of undeveloped land, which has a fall towards the rear boundary, which contains a wetland type area.

There are a number of trees on the site along the northern and some on the southern boundaries of the subject land.

To the north of the subject land is Darcy's Restaurant and accommodation, which is a large hotel/motel complex. Further to the north are dwellings. To the south of the subject land is the Halls Gap Motel.

To the west is the Valley Floor, part of which is known as being a wetland area. This area is currently zoned Farming Zone, but is looking at being rezoned in the near future to Rural Activity Zone.

Land adjacent to the subject land is a mixture of private dwellings as well as dwellings used for tourist accommodation.

Subdivision

The proposed subdivision allows for four lots, each one to consist of a dwelling. Common property is also proposed as part of the subdivision, which includes access. Visitor car parking was also supplied in the original site plan, but has since been removed due to the turning circle and access requirements for forward entry/exit only. A condition would be inserted in a proposed permit for amended subdivision plans.

The initial site plan submitted with the application indicated that the proposed lots were to be as follows: Lot 1 - 768m2

Lot 2 - 510m2

Lot 3 - 426m2

Lot 4 - 1130m2

However, due to recent changes to accommodate a turning circle, lots 3 & 4 will be required to be altered slightly. Amended plans will be required.

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Proposal

This is a proposal for the Development of Three Dwellings and the Subdivision of Land (4 lots), Alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap.

Existing DwellingThere is an existing brick veneer dwelling on the subject land which is to be internally and externally renovated. It currently contains two bedrooms, living, meals kitchen, laundry and bathroom. There is decking out the front, and at the rear. The dwelling currently has a flat roof and is approximately a total height of 3.1m above the natural ground level. The dwelling is 11.6m x 7m with two decking areas. (one of these being 3m x 5m and the other being irregular in shape - 5m x 3m deep near the carport and 1.8m near the rear of the building).

Proposed RenovationsThe proposed renovations will change the look of the current dwelling. The decking area will increase to 8m x 3m on the east side, 7.5 x 2m on the west side and 7m x 2m on the northern side. The applicant proposes to have two additional tanks (each 5,000 litres) on the southern side of the dwelling near the accessway.

The proposed roofline is completely different to what is existing, and is to be a total height of 4.6m above the natural ground level. Currently the roof is flat, the proposed is to be similar to that of a 'butterfly' type roofline. The size of the windows will also be increased significantly with majority of them being floor to ceiling instead of the standard 70's type aluminium windows. Please refer to Assessment Report for further information.

Proposed DwellingsThe proposed three new dwellings are to comprise two bedrooms with ensuite, combined family, dining and kitchen area and separate laundry. Each dwelling is to have its own secluded private open space, with direct access from the family/living area to a timber deck and outdoor spa area.

The roofline of the proposed three new dwellings will be similar to the one proposed for the existing dwelling. The rooflines on the new dwellings however will be higher at a total height of approximately 5.8m above the natural ground level. Please refer to floor elevation plans shown in the Assessment Report.

Key Issues The key issues in this proposal are: The purpose of the Zone The purpose of the Overlays One objection (based on commercial advantage)

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The potential for impact on the amenity of the area Decision Guidelines of Clause 65

Legislation, Council Plan, Strategy and Policy Implications

The application is consistent with: Council Plan 2013-2017 Planning and Environment Act 1987 Northern Grampians Planning Scheme Options

Option 1 That Council issues a permit (Notice of Decision) for the Development of three Dwellings and the Subdivision of Land (4 lots), Alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works (recommended).

Option 2That Council refuses to issue a permit (not recommended).

Option 3 That Council defers consideration of the application pending the provision of further information (not recommended).

Reporting

Implications Considered in this report?

Implication identified?

Social Yes No

Heritage/Cultural Yes No

Amenity Yes Yes

Human Rights/Privacy No No

Environmental Yes No

Economic & Marketing Yes Yes

Risk Management Yes No

Financial Yes No

Asset Management Yes No

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Consultation

Notice of the application was given pursuant to Section 52 of the Planning and Environment Act 1987, by advertisement, by letter to adjoining landowners and occupiers, and by a sign on the subject land.

Summary of Objection

The objector believes that the proposed dwellings are adding to the oversupply of commercial accommodation which is impacting on the viability of accredited tourism operators. The objector also states that long term accommodation is what Halls Gap really needs. Please refer to the Assessment Report for further discussion.

Under the Planning and Environment Act 1987, Section 57(2A) “the responsible authority may reject an objection which it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector”. In this instance, the objection could be considered to fall under this category.

Even though the objection is considered to fall under this category, it was decided that the application should be considered by Council due to the type of development and to highlight the difference between ‘Dwelling’ and ‘Accommodation’.

Definitions are as follows:

Accommodation - Land used to accommodate persons.

Dwelling - A building used as a self contained residence which must include: a) a kitchen sink; b) food preparation facilities; c) a bath or shower; and d) a closet pan and wash basin. It includes out-buildings and works normal to a dwelling.

The planning application itself states that the proposal is for ‘Dwellings’, and that is what the Planning Department has considered in this instance.

Once each of the proposed lots are sold, there is no control as to what the owners propose to use the dwellings for, however, planning permission should be sought for the use of ‘Accommodation’. A note is to be inserted on the proposed planning permit.

Mediation A mediation meeting was not considered necessary in this instance.

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Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Planner - Jodie Senior In providing this advice as the Planner, I have no disclosable interests in this report.

Attachments

9.12.1 Assessment Report 5.2015.38.1

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10. NOTICES OF MOTION OR RESCISSION

10.1 Notice of Motion 1/2015

I, Councillor Wayne Rice

hereby give notice that at the next appropriate meeting of the Northern Grampians Shire Council, I will move that:

"That the Northern Grampians Shire Council write to all members of the Victorian Parliament expressing concern over the Victorian crimes act 1958, section 45, paragraphs 3 and 4c & call for an immediate change making it illegal for any person under the age of 17 entering into marriage."

RESOLUTION

That the Northern Grampians Shire Council write to all members of the Victorian Parliament expressing concern over the Victorian Crimes Act 1958, section 45, paragraph 4c and call for an immediate change making it illegal for any person under the age of 17 entering into a marriage.

Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop

THE RESOLUTION WAS PUT & LOST

11. REPORTS FROM COUNCILLORS/COMMITTEES

Councillors provided brief reports on their activities on behalf of Council since the last Council Meeting.

Cr Reid spoke about the Grampians Business Awards evening and success of local businesses.

12. URGENT BUSINESS

Cr Hyslop asked if the matter of the Pomonal Landfill could be considered as Urgent Business.

Cr Hyslop asked if the matter of a letter of congratulations could be considered as Urgent Business.

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RESOLUTION

That the items as listed be considered as Urgent Business.

Moved: Cr Wayne RiceSeconded: Cr Kevin Erwin Carried

12.1 Pomonal Landfill Site

That Council writes a letter to the Environmental Protection Authority (EPA) expressing strong concern at the amount of rubbish escaping from the Pomonal landfill site.

Moved: Cr Karen HyslopSeconded: Cr Wayne Rice Carried

12.2 Letter of Congratulations - Parks Victoria

That Council sends a letter of congratulations to Parks Victoria for their win in the 2015 National Disability Access Award for its trail rider program.

Moved: Cr Karen HyslopSeconded: Cr Jason Hosemans Carried

13. PUBLIC QUESTION TIME

Nil

14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989

A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following :

(a) Personnel matters;(b) The personal hardship of any resident or ratepayer;(c) Industrial matters;(d) Contractual matters;(e) Proposed developments;(f) Legal advice;(g) Matters affecting the security of Council property;(h) Any other matter which the Council or Special Committee considers

would prejudice the Council or any other person;(i) A resolution to close the meeting to members of the public.

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

RESOLUTION

That items 14.1 be considered in Closed Council as it deals with confidential matters as detailed in section 89 of the Local Government Act 1989.

Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried

RESOLUTION

That the meeting be closed to consider the items listed pursuant to section 89(2) of the Local Government Act 1989.

Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried

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OPEN COUNCIL

The Chief Executive Officer reported that the following decisions had been made in Closed Council.

14.1 To award Contract C9 2014/15- Supply of Gravel (unsealed) Pavement Material to: Jamak Pty Ltd (t/as Grampians Excavations & Soil Yard) Forest Springs Holding Pty Ltd (t/as M. C. Dean Earthmoving) S. T. Hamilton & Sons Constructions Pty Ltd

15. CLOSE_

There being no further business the Mayor declared the meeting closed at 7.40pm.

Confirmed

Cr Murray Emerson Mayor

Date: 1 February, 2016