Council Agenda 01/08/17 · 2020-03-20 · 10/12/19, 17/12/19, 11/02/20, 18/02/20 Councillor Only Time Meetings 28/01/20, 04/02/20, 11/02/20, 18/02/20 A copy of the formal record for

Council Meeting Minutes – Tuesday 3 March 2020 1677

MinutesCouncil Meeting

TUESDAY 3 MARCH 2020

Council Chamber

273 Main Street

commencing at 6.00 pm

Councillors Cr John White (Mayor), Ben Buckley, Richard Ellis, Marianne Pelz, Mark Reeves, Joe Rettino, Jackson Roberts and Colin Toohey.

Officers Anthony Basford (Chief Executive Officer), Stuart McConnell (General Manager Bushfire Recovery), Peter Cannizzaro (General Manager Business Excellence), Jodie Pitkin (Acting General Manager Business Place and Community), Fiona Weigall (General Manager Assets and Environment) and Brigitte Dew (Councillor Support Officer).

Council Meeting Minutes – Tuesday 3 March 2020 1678

Our Vision

East Gippsland is the most liveable region in Australia. A place of natural beauty, enviable lifestyles, and opportunities.

Our Mission

A leading local government that works together with our communities to make East Gippsland the most liveable region in Australia.

Our Values

Accountability We will take responsibility for our actions and decisions in an open and transparent way. Inclusion We will be accessible and active in engaging with our community. We will invite, listen to and seek to understand the views of others, and proactively share information about Council’s plans, projects, services and activities. Integrity We will honour our commitments and conduct ourselves in an honest, ethical way. Respect We will value, support and help to develop our diverse community. We will respect the views and contributions of others and act with courtesy and consideration in all our interactions. Resourcefulness We will turn the challenges faced by our community into opportunities by being flexible and innovative in our response. We will actively seek better and more cost-effective ways to achieve the best outcomes for East Gippsland

Council Meeting Minutes –Tuesday 3 March 2020 1679

Index

1. Procedural ...............................................................................................................1681

1.9.1 Assemblies of Councillors – January / February 2020 ..........................1683

2 Notices of Motion and/or Rescission .....................................................................1685

3 Deferred Business ..................................................................................................1685

4 Councillor and Delegate Reports ...........................................................................1685

5 Officer Reports ........................................................................................................1691

5.1.1 Planning Permit Application 177/2011/P/A: Application for 166 Lot Subdivision, road works, removal of native vegetation and removal of existing power line easement at 54 Thorpes Lane Lakes Entrance (Merrangbaur Heights Residential Estate) ............................................1691

5.2.1 Leasing and Licensing Policy for Council owned Land and Council managed Land ......................................................................................1708

5.2.2 Public Interest Disclosure Policy ...........................................................1712

5.2.3 Waiving of Development Fees Associated with Directly Impacted Bushfire Affected Properties ...............................................................................1715

5.3.1 Road Exchange – Old Coach Road Tambo Crossing ...........................1718

6 Urgent and Other Business ....................................................................................1723

7 Confidential Business .............................................................................................1723


8 Close of meeting .....................................................................................................1728


1. Procedural

Opening and Recognition of Traditional Custodians

The Mayor acknowledged and recognised the Traditional Owners of the land on which the meeting was held. The Mayor also paid respect to Elders past, present and emerging in the Aboriginal community.

Apologies

Cr Natalie O’Connell

Declaration of Conflict of Interest

Nil

Confirmation of minutes

Cr Joe Rettino / Cr Colin Toohey THAT THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY 4 FEBRUARY 2020 AND MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON TUESDAY 18 FEBRUARY 2020 BE CONFIRMED.

CARRIED 03/03/20 Abstained: Cr Roberts

Next meeting

Ordinary Council Meeting, 17 March 2020 be held at the Cann River Hall and Recreation Reserve, 24 Tamboon Road, Cann River commencing at 1.00 pm.

Requests for leave of absence

Cr Natalie O’Connell has requested a leave of absence, in accordance with Local Law No 1 section L3.5, for the period 1 March to 31 March 2020. RECOMMENDATION That Cr Natalie O’Connell be granted a leave of absence for the period 1 March to 31 March 2020. Cr Richard Ellis / Cr Marianne Pelz

THAT THE RECOMMENDATION BE ADOPTED

CARRIED UNANIMOUSLY 03/03/20

Requests to speak about your Community Project

Nil


Public question time

Nil


Record of Assemblies of Councillors 1.9.1 Assemblies of Councillors – January / February 2020 Authored by Michelle Ingram, Governance and Compliance Officer Endorsed by Peter Cannizzaro, General Manager Business Excellence Document No 8394942 ______________________________________________________________________ EXECUTIVE SUMMARY In accordance with section 80A (2) of the Local Government Act 1989 (the Act), this report presents a formal record of assemblies of Councillors held during the period 25 January to 24 February 2020. Also included in the report is two records from 10 December and 17 December 2019, not previously presented. The assemblies of Councillors covered by this report are as follows:

Assembly of Councilors meetings: Meeting date:

Councillor Briefings

10/12/19, 17/12/19, 28/01/20, 04/02/20, 11/02/20, 18/02/20

Councillor Only Time Meetings 28/01/20, 04/02/20, 11/02/20, 18/02/20

A copy of the formal record for each of these assemblies is provided at Appendix 1. RECOMMENDATION That Council notes the record of assemblies of Councillors that occurred during the period 25 January to 24 February 2020, together with two records not previously presented from 10 December and 17 December 2019 as provided at Appendix 1.

Cr Mark Reeves / Cr Marianne Pelz THAT THE RECOMMENDATION BE ADOPTED


OFFICER COMMENT / CONTEXT Discussion As required by the Act, this report presents a formal record of assemblies of Councillors held during the period 25 January to 24 February 2020, together with two records from 10 December and 17 December 2019.


An assembly of Councillors is defined as a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of a delegated authority which is either of the following:

• A meeting of an advisory committee where at least one Councillor is present; or

• A planned or scheduled meeting that includes at least half the Councillors and at least one Council officer.

Financial There are no financial implications for Council arising from this report. Council Plan Good Governance Goal 1 East Gippsland Shire Council is inclusive, engaged and open. Legislation Section 80A of the Act sets out the requirements Councils must observe in respect of assemblies of Councillors. Section 80A(2) requires the Chief Executive Officer to ensure that as soon as practicable after any meeting that is an assembly of Councillors under the Act, a written record of the meeting is reported at an ordinary meeting of Council and incorporated in the minutes of that meeting. The Act also specifies the type of information to be provided in the written record. The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. APPENDICES AND ATTACHMENTS Appendices 1. Assemblies of Councillors records Attachments Nil

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html#chief_executive_officer

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html#council


Petitions

Nil

2 Notices of Motion and/or Rescission

Nil

3 Deferred Business

Nil

4 Councillor and Delegate Reports

Cr Colin Toohey

Cr Toohey provided his written report at folio 1686.

Cr Joe Rettino

Cr Rettino spoke to his written report at folio 1686.

Cr Mark Reeves

Cr Reeves spoke to his written report at folio 1687.

Cr Ben Buckley

Cr Ben Buckley focussed his report on the stream of vehicles heading into Benambra this morning for the start of the Autumn Cattle sales that are shaping up very well. Things are looking much better up here than they were a few weeks ago.

Cr Richard Ellis

Cr Richard Ellis spoke to his written report at folio 1688.

Cr Marianne Pelz

Cr Marianne Pelz spoke to her written report at folio 1688.

Cr John White

Cr White spoke to his written report at folio 1689.


Councillor Written Reports Cr Colin Toohey 04/02/20 Planning Permit Application 1359 Great Alpine Road SARSFIELD CA 4 Sec B

335/2019/P 07/02/20 Marina Consultative Committee Meeting 28/02/20 Official Opening - Leigh Hobbs Exhibition, East Gippsland Art Gallery

Cr Joe Rettino

Date Report Item

07/02/20 Tom Curtain outback show “we’re still here concert”: A family concert sponsored by East Gippsland Shire and held at the Bairnsdale Racecourse. This show event coordinated by Carly Knight was arranged to give families and friends an opportunity to catch up following the 2019/20 black summer bushfire disaster. The attendance reached in excess of 2,000 people and I attended along with our Mayor.

16/02/20 Bairnsdale Masters Squash event: I attended this opening and represented the Mayor at the official presentations. Health and fitness are part of the EGSC wellbeing plan. Health and wellbeing are a key focus for EGSC to ensure we have strong and engaged communities. This was a significant national Masters event with many competitors travelling to participate and to support our region following the bushfires. Many competitors purchased local produce while they were visiting our region.

20/02/20 Red Cross Australia drought recovery programs coordinator (Victoria): On behalf of the Mayor I welcomed the Red Cross Victorian Drought Recovery Team to East Gippsland. The delegation was led by President of the Board for the Australian Red Cross Society Mr. Ross Pinney. The group delegation was interested in the recovery phase of the black summer disaster and were keen to continue the help required by our region. They emphasised they were ready to help us with recovery in any areas that we need and that Red Cross was resourced for.

20/02/20 Gippsland community Leadership Program (GCLP): This community leadership group has a long and rich relationship with Gippsland. This year’s cohort launched their program in Lakes Entrance. The #gclp20 cohort is keen to tackle community projects within the East Gippsland LGA as their contribution to our bushfire recovery stage.

28/02/20 Leigh Hobbs exhibition at the East Gippsland Art Gallery: I was extremely proud and humbled to officiate and declare the Leigh Hobbs exhibition officially opened. Leighs father Jack (aged 96) was a teacher at the Bairnsdale technical school from 1961 to 1966. Leigh was a student at Bairnsdale Primary School 754 (grade three teacher was Miss Corker). Leigh’s work is renowned around the world and his children’s books will bring a lot of people to our Art Gallery during this exhibition. It is timely to have such an exhibition that will delight children of all ages, including many parents, many of whom have had a difficult summer due to bushfires.

29/02/20 Lakes Entrance GoEast Farmers Market: This event that was hosted by the Melbourne and Warragul farmers market under the marketing banner of GoEast. It was a huge success on the Lakes Entrance Esplanade where local producers were supported to create their own farmers market environment, celebrating all our sought-after produce. The market represented many local businesses including Red Bluff Brewery and the sale of fresh fish and prawns directly from a fishing trawler.

02/03/20 Gippsland Smart Specialisation GS3 Entrepreneurial Discovery workshop: I attended this workshop looking at the Gippsland and East Gippsland visitor economy (Corridor Innovation the great Gippsland Lakes Trail) opportunities. The smart specialisation is a European Model of engagement to identify regional priority projects, particularly projects that support and enhance a regions specialisation. The design principles of smart specialisation utilise a quadrupole helix model which includes government, business, research/education and the community.


Cr Mark Reeves

Wunman-Ninje, good evening and welcome. Once again, it’s hard to ignore the elephant in the room of bushfires and recovery. Firstly, I want to quote from Grace Brennan: a 2020 Australia Day Address speaker, founder of the #buyfromthebush social media campaign to support rural communities facing drought. “Country towns have been built on what I would call a foundation of 'doers'. On any given day, an Australian farmer is an amateur scientist, vet, builder or mechanic. They often manage multi-million-dollar assets. They might trade commodities before lunch and genetically test their sheep flock after lunch. Our local bus driver, a mother of three, is also an aged care worker and fire fighter. Farmer’s wives might feed their stock or do an irrigation run in the morning and then go to work as teachers, fashion designers, agronomists, researchers, online business owners or lawyers.” We have seen this when reflecting on the recent events in our shire. In these events the local school became the firefighter accommodation provider, an ADF operational base, the sausage maker became the fire captain, the welder the midnight fire-truck driver, the baker fed the hundreds of strike-team members. The local timber haulage and harvester and machine operators became the forest-fire direct response operator. The local rangers and VicForest mangers became Incident Controllers. Police controlled road-blocks and refugees. CFA became the source of reassurance and control in an out-of-control situation. There is this perception from urban Australia that country people are the quiet retiring people. Some are, but those I saw activated by the fire were far from retiring. The communities of East Gippsland were activated and animated and for this we thank you. Secondly, I saw a momentous upwelling in community spirit with the departure of the soldiers from the Republic of Fiji. I was happy to represent our shire there. That evening in Orbost was hugely touching, Councillors. Aunty Sue Martin and her indigenous dancers welcomed us to country. Several hundred local community-members were sung too by the soldiers. Their beautiful, resonant and strong voices flowed through the crowd, lulled and soothed us, carried us away. No-one there was un-moved, we were all touched by this event. It seemed to me no-one was quiet that night, we were all moved, and it was a real turning point; now we were again on our own again. All those active people in their normal roles were returning to their usual lives, as were our Fijian Brothers . This disaster event has changed our community, and our international connection to help from around the world has reinforced that this was a global disaster. I continue to wish everyone well in the continued challenging times ahead.


Cr Richard Ellis First and foremost, I would like to welcome everyone attending our second `Ordinary Meeting of the year here in Bairnsdale this evening.

Having run through the activities recorded in my diary and having reflected on more recent new year periods I think it would be no understatement to note how busy a time it has been for one actively participating in the role of a Councillor.

What an impact it has had on our community and environment. An impact that has thrown its many challenges to all and especially our Council as it strives to meet the demands placed upon it.

A couple of civic and other events worthy of mention include;

Meeting with a number of community groups in the Lakes Entrance area including those from LEDA (progress association) and LEBTA (Business and Tourism) and of course many individuals on a range of subjects.

Attending the “Sunrise” TV Show outside broadcast at the Rotunda, Lakes Entrance foreshore. A very popular event for the local community.

Attending in company of the Mayor and jointly speaking at the 150th year celebration of the Postal Service and Office at Lakes Entrance. It was very pleasing to catch up with a number of the past employees of the Post Office and hear of their experiences and recollections.

Along with the Mayor, Councillor Pelz and several other Councillors met and welcomed to East Gippsland the Lord Mayor of Melbourne Councillor Sally Capp. I am sure the Mayor will advise us of the opportunities that arose from that meeting.

Attending the Climate Risk for Local Government webinar conducted by Ms Sarah Barker, head of Climate Risk Governance, Minter Ellison Lawyers.

Attending and welcoming the Eastern Region Lioness’ to Lakes Entrance for their breakaway weekend and conference. This wonderful community group have like many other volunteer groups provided great support to our community over the past month and are worthy of recognition of their various services and donations to those in need.

Attending and speaking at the launch of sister city style of relationship between the Port Melbourne BTA and the Lakes Entrance LEBTA an event hosted by Port Phillip City Council and Mayor Bernadine Voss. The launch was well attended with a series of actions to be announced in the coming months to not only raise funds for a joint project in Lakes Entrance but to encourage visitation by Port Melbourne and district residents to Lakes Entrance and East Gippsland as a whole. Special thanks should also be made to the driving force behind the Port Melbourne BTA who initiated the concept and visited Lakes Entrance Mr Paul Littleman. For those interested in such things Mayor Voss although possessing an East Gippsland surname in Voss is the granddaughter of past Lakes Entrance resident Ernie Hugg and thus still holds a tie to Lakes.

Cr Marianne Pelz Thank You Mr. Mayor,

I have soldiered on this month and been busy getting stuck into my portfolio commitments attending the Rural Councils Executive meeting on 14 February where it was agreed that they would support 60% of the Regional Development Victoria funding should be allocated to the bushfire effected regions for quick economic stimulus in the aftermath of the horrific bushfires this season.

They also discussed new implications that will affect councils prior to the start of the council elections to be held in October later this year.


I also chaired the South East Australian Transport Strategy Inc (SEATS) meeting which was held in the new $60 Million Penguin Parade facility on Phillip Island. It was an amazing venue and I only wished that our region could be boasting something similar considering its attraction brings in $200 million nationally to the economy.

At the SEATS meeting we managed to move 4 very relevant motions to our councils in the aftermath of the horrific bushfires which swept our region over the summer period. The 4 motions which we will deliver to both Federal and State Governments are as follows:

SEATS support prioritisation of funding for 4 distinct of transport infrastructure:

• Bushfire Bridge Replacement Program

• Mobile Telephony on Major Roads

• Princes Highway Upgrade

• Road and Power Disruption

1. SEATS makes an urgent request of the Australian Government, in conjunction with the

various State Governments, through their road infrastructure agencies, to offer a special

“Bushfire Bridge Replacement Program” to enable resilience to be built into regional

road networks and thereby stimulating additional work in the fire affected regions that

will provide increased safety and confidence to local government and their communities

into the future.

2. SEATS strongly request the Australian Government ensure that within 5 years all

national and state highways achieve a 95% mobile telephony reception coverage and

that the rollout commence on the Monaro Hwy and the Princes Hwy between Sydney

and Melbourne.

3. SEATS strongly requests that the Governments of NSW and Victoria combine with the

Australian Government to roll out as a matter of urgency those elements of improvement

within the Local Government areas of Shoalhaven, Eurobodalla, Bega Valley and East

Gippsland that can be planned, designed and delivered over the next 5 years to be

packaged up into a “Princes Highway Resilience Program” to deliver a highway network

that will provide safer connectivity for the communities in this part of Australia in all

weather and environmental conditions.

4. SEATS strongly urge the various road, electricity supply and telecommunication

agencies to provide easement buffers around all assets to provide continuity of the

availability of assets to regional communities in all weather and environmental

conditions. State agencies should review and amend policies that impinge on this

outcome being achieved.

Cr John White 05/02/20 Melbourne Boomers (Women’s National Basketball Team) Visit to East Gippsland 06/02/20 150 Year Anniversary of the Lakes Entrance Post Office 06/02/20 Photo Opportunity with St Vincent de Paul 06/02/20 EGSC Recovery Committee Meeting 07/02/20 Tour of Sarsfield with Lord Mayor, Sally Capp 15/02/20 Freedom of Entry Presentation with Australian Defence Force – Omeo 15/02/20 Canni Creek Picnic Race Meeting 16/02/20 Live telecast cross from Sarsfield – Fire Fight Concert 16/02/20 CFA Country Fire Authority Board Dinner event – Lakes Entrance 17/02/20 Paynesville Week of Bowls – Official Opening


20/02/20 Meeting with Senator David Van – Roundtable Discussion with Consul Generals 21/02/20 Today Show Event from Mallacoota 21/02/20 Paynesville Music Festival Sponsor’s Night 21/02/20 Melbourne Storm Visit – Recognition event for those who have been on the front

line – Metung 24/02/20 Meeting with CEO Westpac Bushfire Recovery 25/02/20 Audit and Risk Committee Meeting 26-27/02/20 Canberra Region Joint Organisation (CRJO) Meetings Canberra 28/02/20 Gippsland Local Government Network (GLGN) Planning Meeting 03/03/20 De-brief Wellington Shire


5 Officer Reports

A Liveable Region Request to Speak Mr Peter Engel 5.1.1 Planning Permit Application 177/2011/P/A: Application for 166 Lot

Subdivision, road works, removal of native vegetation and removal of existing power line easement at 54 Thorpes Lane Lakes Entrance (Merrangbaur Heights Residential Estate)

Authored by Nicole Reynolds, Strategic Planning Coordinator Endorsed by Jodie Pitkin, Acting General Manager Place and Community Document No 8313922 In Attendance Aaron Hollow, Manager Planning _______________________________________________________________________ EXECUTIVE SUMMARY This Council report seeks a decision on Planning Permit Application 177/2011/P/A, which relates to land located at 54 Thorpes Lane, Lakes Entrance. The recommendation is to approve the planning permit application with conditions as attached at Appendix 1. This matter has been previously considered by Council and approved ‘in principle’ with the approval of the development plan pertaining to the subject land in February 2017. The Planning Permit Application is seeking approval for a 166 lot subdivision to be completed in stages together, including creation of a super lot at Stage 3 for a possible future site for a retirement village. The approval relates to final stages of the Merrangbaur Heights Residential Estate. The residential estate commenced in 1987 pursuant to approvals in accordance with the former Tambo Planning Scheme, issued by both the Shire of Tambo and East Gippsland Shire Council. The proposal reflects the approved development plan. Key issues include traffic and bushfire risk. Traffic issues have been appropriately addressed. The CFA advice is to prefer that the proposed subdivision layout be re-designed, which will require reconsideration of the development plan. Council officers are satisfied that the outcome appropriately addresses bushfire risk and do not recommend recommencing the development plan process. The recommendation before Council is to seek approval for the Planning Permit Application which authorises the subdivision as approved in the development plan, which is entirely consistent with the requirements of the Lakes Entrance Northern Growth Area Outline Development Plan and the relevant planning scheme controls. The recommendation before Council is premised upon an assessment that the approval is consistent with the policy application, objectives and strategies of State planning policy relating to bushfire planning. It is noted that a further referral of the application to the CFA has not received a response by the due date.


The matter before Council is a significant strategic decision on many levels, and expressly reaffirms a precinct approach to the implementation of the growth area planning for the township of Lakes Entrance. This strategic planning process has taken some 6 years to complete and continues with the progressive approval of development plans for each of the land holdings forming the study area. Council will need to ensure that appropriate management of Reserves to a level which reduces bushfire risk to an acceptable level is achieved and maintained into perpetuity. On balance, the proposal is considered to achieve an orderly and sound planning outcome. RECOMMENDATION That Council, being the Responsible authority and having considered all the relevant planning matters, determines that Planning Permit Application 177/2011/P is consistent with the requirements and objectives of the East Gippsland Planning Scheme and therefore resolves to issue a Planning Permit for approval of a 166 lot subdivision, road works, removal of power line easement and removal of native vegetation at 54 Thorpes Lane, Lakes Entrance subject to permit conditions in Appendix 1. Cr Richard Ellis / Cr Marianne Pelz THAT THE RECOMMENDATION BE ADOPTED

CARRIED UNANIMOUSLY 03/03/20 OFFICER COMMENT / CONTEXT Discussion Background The residential estate has been progressing in a sequential and orderly manner, including the creation of public open space, drainage reserves and integrated road network and footpath network. This proposal has been subject to three stages of planning consideration:

• the Lakes Entrance Northern Growth Area (LENGA) strategic planning process (including consideration of developer contributions);

• approval of a development plan

• consideration of this planning permit application for subdivision. Background in relation to each of these is provided in turn. The development has been significantly delayed over the past eight years, due to the finalisation of the LENGA strategic planning process. The land in question forms part of the LENGA and the subject land was included in Planning Scheme Amendment C112 PART1, gazetted in October 2014. The effect was to introduce new requirements and obligations pertaining to the subject land. A Development Plan for the subject land was provided with ‘in principle’ approval by Council resolution on 7 February 2017 (Item 5.1.5). A development plan was approved by the CEO under delegation on 12 December 2017, following execution of a section 173 legal agreement and other obligations in accordance with the Council resolution.


On 3 October 2017 Amendment GC13 was gazetted by the Victorian Government introducing changes to the Bushfire Management mapping. On 12 December 2017 Amendment VC140 was gazetted introducing changes to the State bushfire policy. This resulted in a fresh referral of the Planning Permit Application to the CFA, which necessitated the preparation of detailed information and the preparation of the Bushfire Management Report by an Expert Consultant (September 2018). The subject application The subject land is located at 54 Thorpes Lane, Lakes Entrance which represents the balance stages of the Merrangbaur Heights Residential Estate. The Merrangbaur Heights Residential Estate commenced in 1987 and has been developed in stages over the past 32 years providing key residential land for growth for the township of Lakes Entrance. This Report represents a significant milestone for the project and will resolve to issue a Planning Permit for the completion of the residential development. This Report represents the culmination of the resolution of a complex set of planning issues over an extended period of time. Planning History The subject land is formally described as Lot B on Plan of Subdivision 640197 and is approximately 30.5 hectares in area. The subject land is part of the Lakes Entrance Northern Growth Area Outline Development Plan as approved in 2014 by the gazettal of Planning Scheme Amendment (PSA) C112 PART1. This Planning Permit Application was lodged in April 2011 requesting approval for a multiple lot residential subdivision to be completed in stages, creation of a larger parcel of land for the potential purposes of future development for a retirement village, creation of open space, removal of native vegetation and removal of native vegetation in accordance with the Residential 1 Zone provisions and associated overlay planning controls. A copy of the proposed plans is attached at Attachment 1. At the time of lodgement, the Development Plan Overlay, the Development Contributions Overlay and the Bushfire Management Overlay did not apply to the subject land. Concurrently Council was in the process of the preparation of Planning Scheme Amendment C112 which aimed to forward zone land for residential purposes, implement a development contributions plan overlay (drainage scheme and community facilities), implementation of a native vegetation precinct plan, incorporate a development plan overlay and incorporate into the Municipal Strategic Statement (MSS) an update residential strategy for Lakes Entrance and the Lakes Entrance Northern Growth Area Outline Development Plan. As such, the land was included in the Planning Scheme Amendment. The subject land is exempt from the requirements of the development contributions plans which relates to drainage and community facilities. Prior to the determination of a planning permit application, approval of a development plan is required. This has been completed. The purpose of the development plan overlay step in the planning process is to provide the strategic framework in relation to the proposed overall layout of the proposed subdivision, design principles, land use, transport and open space networks. The planning permit application was delayed, to ensure that the strategic framework was established for the broader future of the Lakes Entrance township. The process was subject to an independent Planning Panels Victoria process which culminated in a written Panel Report recommending approval.


This process took time, which has resulted in significant frustration from the planning permit applicant. The benefits of the process, are that the land is able to be considered as part of a broader precinct, and in doing so, issues relating to road networks, services, community facilities, open space, drainage and waterway management are able to be planned for on a precinct basis rather than individual site by site basis. The result for Council is coordinated growth and provision of services together with sound precinct structure planning for the growth of residential areas. The planning scheme identifies Lakes Entrance as a key growth area for residential and economic development for East Gippsland. Approval of the development plan

A community information process was undertaken by officers that included letters to all objectors of the planning permit application being considered, letters to adjoining landowners, and a public announcement in the public notice section of the local paper informing the community of the consideration of the Development Plan. The public notice also provided the website address where community members could access all the documents via the Council’s engagement portal Your Say. Your Say held all relevant documentation in downloadable form, a fact sheet in relation to the Development Plan process and a short survey asking key questions relating to provision of open space, subdivision layout, subdivision staging and the independent traffic report. The community information process was scheduled between 23 November 2016 and 7 December 2016. The outcome of the community information process was that four written comments were received relating to the short survey. The comments were related to the issue of traffic management, particularly with reference to current traffic volumes and intersections. These comments have been considered in addition to the objections to this planning permit application which also raised traffic management as key concerns. Council resolved at the 7 February 2017 meeting (Item 5.1.5) to endorse the Development Plan for the Merrangbaur Heights Residential Estate, subject to 5 conditions. These conditions included; 1. Requirements for minor modifications to the staging plan, 2. Road connection to west by no later than stage 4, 3. Execution of a section 173 legal agreement to apply development contributions to stage

3 (retirement village site), 4. Planning permit agreements for further traffic reports, 5. Agreement to pay for all remedial works required as a result of the traffic report, 6. Consent to continue road network standards, 7. Endorsement of an independent traffic report (Cardno) as a Development Plan 8. Development Contributions Plan for the land, 9. Requirement to correspond with the objectors to Planning Permit 177/2011/P 10. Further reporting to Council requesting endorsement of the independent traffic report as

applying to other land within the immediate precinct.


The approved development comprises the following documents; 1. Development Plan Report (Crowther & Sadler, May 2018) 1. Site Analysis Plan (Crowther & Sadler, V1, 14/2/2017) 3. Site Locality Plan (Crowther & Sadler, V1, 14/2/2017) 4. Site Context Plan (Crowther & Sadler, V1, 5/4/2017) 5. Proposed Development Plan (Crowther & Sadler, May 2018) 6. Proposed Subdivision Plan (Crowther & Sadler, May 2018) 7. Staging Plan (Crowther & Sadler, May 2018) 8. Road Hierarchy Plan (Crowther & Sadler, May 2018) 9. Vegetation Plan (Crowther & Sadler, May 2018) 10. Geotechnical Risk Assessment (Simon Anderson Consultants, 13 Sept 2013). On 4 July 2017 (Item 5.2.1) Council resolved to endorse the Cardno Traffic Report as applying to land at 90 Palmers Road, 110 Palmers Road and 138 Palmers Road. This report was commissioned by Council to assess the likely traffic generated by Merrangbaur Heights development plan area (recently approved) and the intersection and traffic management requirements needed to facilitate both Merrangbaur Heights and the future development of 90, 110 and 138 Palmers Road.

Objections to Planning Permit 177/2011/P The Planning Permit Application received five objections as a result of two rounds of public notice. The core concern of the objections relates to the appropriate management of traffic generated by the subdivision and its impact on surrounding roads and residential areas. Matters raised relate to; 1. Stormwater drainage and impact on watercourses, 2. Existing drainage infrastructure, 3. Concerns relating to the level of removal of native vegetation 4. Concerns in relation to the traffic management proposed. Specific traffic concerns relate

to current functioning and capacity of the intersection with Stirling Road and Thorpes Lane, the issue of safety with single access and egress and that there is no guarantee with the timing of the provision of secondary connection access to Palmers Road.

The Planning and Environment Act 1987 requires Council to consider any objections. Council officers have considered the objections. Given that a development plan has been approved, Council is not required to issue a Notice of Decision to Grant a Permit. Correspondence will be forwarded to the objectors advising that the planning controls, as applying to the land, have now changed, confirming that the matters raised have been considered, that the planning permit application is now exempt from third party participation and appeal rights, and the planning permit will be provided. These matters have been addressed in a comprehensive manner, both within the existing strategic approvals in place and with the planning permit conditions forming part of the proposed recommendation at hand. A copy of the objections is provided at Attachment 2.


Discussion The following section addresses the key planning matters as listed below.

• Traffic and Road Network

• Bushfire planning and policy.

• Landfill.

• Development Contributions.

• Open Space, reserves and waterway management. Traffic and Road Network The Application was modified in 2012 to remove the parcel of land which provided direct connected to Palmers Road (in different ownership). This very change was the key and catalyst to the commissioning of the independent traffic report as part of the approval of the development plan relating to the subject land. A recurring concern raised by residents relates to the issues associated with the current and proposed traffic management – especially the use of, and demand placed on, the existing local road network. Many of these issues were raised as part of written submissions to both the development plan and to the planning permit application 177/2011 and have been thoroughly considered in the independent traffic report appended to this report. The Independent Traffic Report (Cardno, July 2106) was commissioned by the East Gippsland Shire to support the decision-making process. The report addresses the cumulative development of the sub-precinct east of Palmers Road and includes the completion of the Merrangbaur Heights Residential Estate. The Report recommended and concluded that the Merrangbaur Heights Residential Estate was able to be completed without additional connections to the east of Palmers Road and that the existing construction standard and intended function of these roads is appropriate. The report clearly indicates that though there is a preference for an additional two roads connecting the development to Palmers Road to better distribute traffic, these are desirable rather than required immediately. Officers have, throughout the interactions with residents, stressed that the ultimate intent of the Lakes Entrance Northern Growth Area Outline Development Plan adopted by Council and now forming part of the East Gippsland Planning Scheme remains the overall intent and ultimate road treatment outcome. Officers will continue to pursue this outcome as part of the consideration of all future development plans for the adjoining properties. Importantly the Report also concluded that while there is sufficient capacity available in the existing network to allow for the completion of Merrangbaur Heights Estate and development of Merrangbaur Heights land without immediate intersection works, this development should contribute financially to road infrastructure required in the future for the area as a whole. This would mean that the construction costs associated with the development of the two required intersections and two waterway crossings that will provide connection to Palmers Road would be shared on an equitable basis across the four benefiting land holdings, including Merrangbaur Heights Estate. This results in a fair and equitable sharing of the construction costs. Furthermore, this results in a direct financial contribution from the Merrangbaur Heights Estate land to the provision of these major construction works, that currently rest with subdivision works associated with other individual landowners.


The proposal is to require Merrangbaur Heights Residential Estate to make a financial contribution in the form of a development contribution, in addition to the usual site-specific requirements within the development contributions plan overlay and the strategic framework contained within the LENGA ODP (now executed in a section 173 Legal Agreement). The development contribution would be levied through the execution of a Section 173 legal agreement, which will relate to the whole subject land, including the ‘large lot’ which may ultimately be developed for conventional residential, retirement village or similar residential purposes. In summary the independent Traffic Management assessment and this report concluded that:

• The development will indeed initially see increased traffic use of the existing roads;

however, this use is not beyond the capacity of the existing road network to accommodate.

• Whilst ultimately the traffic network should have two additional connections with Palmers Road, these do not need to be provided for the final stage of Merrangbaur Heights Estate to progress.

• Merrangbaur Heights Estate should contribute financially on a per lot basis to the development of two new intersections and crossing points to connect the development to Palmers Road.

• The Planning Permit for Merrangbaur Heights should contain a condition stipulating that there will be a hold point in the development at which time a further assessment of the traffic impacts will be made, and the developers may be required to upgrade the existing intersection at Thorpes Lane and Stirling Drive.

• A range of other traffic and road safety matters raised by residents such as road speeds and bus routes can be addressed by Council outside of the Development Plan consideration process.

The planning permit is consistent with the approved development plan as applying to the subject land. Bushfire planning Bushfire risk has been considered as part of the initial planning scheme amendment, the subsequent approval of the development plan and more recently as part of the assessment of the planning permit for subdivision. CFA has been involved throughout this process. In light of policy changes at a State level, further advice was requested from CFA (received December 2018). The most recent CFA advice raised a range of risk mitigation measures, most of which are reflected in the proposed conditions to form part of any planning permit for the subdivision. One request – a request for a perimeter road – would require revisiting the development plan that has already been approved (consistent with CFA advice at the time). Based on expert advice, Officers are satisfied that an appropriate level of bushfire protection can be provided without a perimeter road provided the reserve to the east is managed effectively to provide a buffer between the houses and vegetation in the creek line and to provide access to the rear of the houses. Therefore, the management of bushfire risk is contingent on Council’s ongoing management of the reserve.


Consideration of bushfire risk though the planning scheme amendment, development plan approval and assessment of the planning permit, together with the most recent CFA advice is set out below. Consideration of bushfire risk in the planning scheme amendment: The issue of compliance with clause 13 of the State Planning Policy Framework was considered as part of the preparation of the documentation for Planning Scheme Amendment C112 PART and the subsequent Planning Panel. The written Panel Report (7 February 2014) to Planning Scheme Amendment C112 PART 1 dedicates section 4 to the issue of bushfire risk. The question the Panel asked was whether the planning controls relating to bushfire in the amendment were appropriate and satisfactory to mitigate risk to an acceptable level. The strategic planning approach included the commissioning of a background report in relation to bushfire by GHD (August 2103). The Panel concluded; “Based on the submissions and evidence put forward, the Panel concludes that the bushfire planning will be a critical part of the successful part of the LENGA. The Panel is satisfied on the information before it that the revised strategic framework put forward and agreed by Council and the CFA should provide an appropriate level of bushfire planning and response” (page 32, Panel Report, February 2014). Sound strategic planning in relation to the issue of bushfire for townships seeks to adopt a logical and practical response. In this application, the matter is in relation to roads which relates to performance of the road to accommodate emergency vehicles and provide access to fire hydrants and water supply. The approach taken in the LENGA has been to provide for environmentally sustainable management of the area while considering bushfire risk. The aim is to satisfy both obligations in relation to bushfire safety and conservation where conflict exists. Proposed residential allotments are subject to the planning and building construction provisions consistent with State and Local Planning Provisions and the requirements of Australian Standard AS3959:2009. At the time of the preparation of the strategic documentation supporting LENGA the subject site was not mapped within the Bushfire Management Overlay mapping however was mapped as State Bushfire Prone Area. Accordingly, across the area construction standards complying with BAL 12.5 apply. The GHD report provides a methodology used to conduct assessment and guidance notes for future application and land use of sites. The GHD Report (August 2103) notes that the proposed subdivision and development of the LENGA site will also generate bushfire risk reduction outside the site, in particular properties to the adjoining east, west and south. This risk reduction will arise from the replacement of the areas formerly used for agricultural and rural living purposes with urbanised land with houses constructed to contemporary bushfire resistant construction standards.


Changes to Bushfire Management Overlay mapping and State planning bushfire planning policy (2017) At the time LENGA was rezoned and the associated LENGA Outline Development Plan and Native Vegetation Protection Plan were approved, the land was not affected by the Bushfire Management Overlay. However, the Panel considered bushfire risk and mitigation measures in the context of the former clause 13.05 of the Planning Scheme and the changes afoot at the State level. The new State policy relating to bushfire policy reads in part as follows below.

In its most recent advice, the CFA has raised concerns regarding the layout of the subdivision following reforms to State policy provisions at clause 13.02 of the Planning Scheme. The concerns raised by the CFA are likely to have consequences for both Council and the proponent, in terms of on-going management of reserves and waterways. The CFA have suggested the need for a perimeter road primarily fronting the proposed reserve. Significantly, the BMO applies to the northern extremity of the Application Land and affects approximately 18 lots out of the 165 lots that are proposed. These lots within the BMO abut existing lots and all have direct road access. The extent of the current BMO mapping is shown in an extract map below.


Significantly, the Lakes Entrance Northern Growth Area Outline Development Plan (LENGA ODP) documents (and associated traffic reports) do not anticipate the inclusion of perimeter roads around reserves. However, the documents include a level of detail regarding the interface with reserves and vegetation areas, such as:

❖ Plan 8 in the LENGA ODP is an integrated plan, showing different features of LENGA, including significant vegetation, waterway corridors and key access roads.

❖ Plan 10 in the LENGA ODP shows transport networks (e.g. collector roads and access streets).

❖ Figure 5 in the LENGA ODP shows water and a shared path as part of an integrated approach to the management of the waterways for water quality, conservation and open space purposes.

As a result of the recent updates to the Bushfire Management Overlay mapping and the State planning policy changes, Council required that the applicant prepare a Bushfire Planning Report, including a Bushfire Management Statement. This report was provided to CFA as part of the referral advice. The Bushfire Planning Report (September 2018) A Bushfire Planning Report including a Bushfire Management Statement was prepared by Euca Planning and submitted by the applicant in September 2018. The key findings contained within this report are summarised below.

• The defendable space objectives can be met for a BAL of 12.5.

• Defendable space would be provided by the subject property and the adjacent roads.

• Access will be created for all lots.

• Water supply is only required for lots 3 to 20

• The proposed development is surrounded by low threat vegetation in all directions, woodland to

the north and east, and grassland to the west.


• Recommend the inclusion of a planning permit condition relating to staging and commencement

of subdivision development on the property to the west.

• Defendable space determination of BAL 12.5 requires consideration of management of proposed

reserves with mown grass and limited plantings for amenity purposes only, reserves to be

managed by Council as part of maintenance requirements and staging of development be aligned

with development to the west.

• The site is considered to have excellent access to a greater street network.

• All lots have access to reticulated water supply.

• Palmers Road and Thorpes Lane provide perimeter roads for the precinct and separate the

hazard from the precinct. As such as perimeter road is not needed for this part of the broader

precinct.

• The subdivision will provide a central reserve, a linear reserve abutting the woodland to the east.

All reserves will be managed consistent with low threat vegetation as identified in AS3959 and

consistent with Council’s maintenance regime.

In summary, it is considered that Council’s processing, assessment and established strategic framework, appropriately apply the principles contained at clause 13.02-1S relating to State Policy Bushfire planning, having regard for the sections of the land mapped within the Bushfire Management Overlay provisions and the balance of the land contained within the Bushfire Prone Area. In 2013 the impending Bushfire Management Overlay mapping was the basis for the commissioning of these specialist expert reports relating to bushfire risk underpin the strategic approach relating to the Lakes Entrance Northern Growth Area. The proposed planning permit conditions are considered to result in a strengthening of the resilience of the settlement and respond appropriately to bushfire by implementing risk-based planning principles and outcomes. The proposed planning permit conditions include endorsement of the Bushfire Management Statement (BMS), requirement for fire hydrants, preparation of a Landscape Master Plan, preparation of a Vegetation Management Plan for the reserves and conditions relating to staging (relating to the adjoining land to the west), all result in inclusion of appropriate bushfire protection measures. Advice from the CFA – December 2018 The latest position of the CFA as written in correspondence dated 14 December 2018 is provided at Attachment 3. The CFA is a recommending referral authority where the BMO applies and a relevant commentator where the land is within the Bushfire Prone Area (BPA). It is considered important to confirm that the CFA have been part of both the statutory and strategic approvals relating to the subject land, through the processing of both Planning Scheme Amendment (PSA) C112 PART1 and the current planning permit application. The CFA have provided referral advice for the statutory planning permit application previously on three occasions, confirming consent to the proposed subdivision.


The CFA were consulted as part of the preparation of the background strategic documentation which justified the rezoning associated with the approval of PSA C112 PART1. CFA were at the Panel table, and prior to Panel, Council was able to achieve general agreement with the CFA relating to the strengthening of the LENGA ODP relating to bushfire planning. As a result of the negotiated position, Council was able to present to Panel a modified version of the LENGA ODP, which received overall support by the Panel. These changes were made to the final version of the LENGA ODP, now an incorporated document in the East Gippsland Planning Scheme. It was agreed that the Bushfire Study should not be included as a reference document, given the impending changes at State level. The changes to the LENGA ODP were made specifically having regard for the BMO mapping controls and updates which were impending at that time. The table below explains the issues and the proposed response.

No: Issue Response

1. Clause 71.02-3 (integrated decision making) requires that in bushfire affected areas planning and responsible authorities must prioritise the protection of human life over all other policy considerations.

Endorse the Bushfire Management Plan (BMP).

2. The CFA place particular weight to the planning policy at clause 13.02.

Addressed within the approved LENGA ODP strategic framework and with the endorsement of the BMP.

3. The CFA requires more information to be submitted to confirm that Council will be undertaking the level of management of the reserves.

Addressed by inclusion of a planning permit condition requiring preparation of an overall Landscape Master Plan and Reserve Management Plan.

4. The CFA agree that planning permit conditions are able to prevent development until risk has been adequately addressed with respect to the timing of the subdivision. The CFA require certainty that the risk has been managed. The CFA require vegetation management of the Reserve to be managed to either low threat condition in accordance with AS3959 or maintained as managed defendable space standards, Table 6 of clause 53.02.

Addressed by inclusion of a planning permit condition requiring amended staging plans, sequencing and staging of development and management of grassland risk whilst subdivision being developed.

4. The CFA require the Reserve area to the East to be managed as mown grass with limited planting.

That Council has determined that there is an appropriate level of reasonable assurance that the management of the reserves to the relevant level to reduce the risk from bushfire to an acceptable level for the future community of the subdivision is achieved.

5. The CFA require perimeter roads and additional separation of the allotments on the northern boundary. Perimeter roads to the north, east and west of the subject land.

Not required.

6. The placement of mandatory conditions 44.06-5 (legal agreement) and 44.06-3 (bushfire management statement).

That the mandatory condition of clause 44.06-3 and 44.06-5 are applied. That defendable space is managed and implemented on every lot that is covered by the BMP prior to the issue of the Statement of Compliance.


In summary, the only outstanding matter which cannot be resolved, is the requirement for perimeter roads to be provided within the north, east and west boundaries of the subject land. This request is considered to be unreasonable given the strategic framework and approvals in place applying to the subject land, and the contextual precinct planning in place, together with the assessment of the ability of the subdivision layout to meet the principles and objectives of policy at 13.02 and all requirements of BMO as applying to the section of land included therein. Landfill Buffer An Environmental Audit Report & Certificate of Environmental Audit for 54 Thorpes Lanes, Lakes Entrance in accordance with Part IXD has issued. The focus of the report is the portion of the site that is within the 500 metre buffer zone of the Lakes Entrance Landfill. The Certificate of Audit Report is in accordance with Section 53X of the Act (Environmental Protection Act 1970). The Report is dated 28 May 2010 and concludes that the condition of the site is neither detrimental nor potentially detrimental to any beneficial use of the site. The EAO requires a Certificate of Audit at clause 45.03 before a sensitive use (residential use, childcare, pre-school or primary school) commences, or before the construction or carrying out of buildings and works in association with a sensitive use commences, either:

A certificate of environmental audit must be issued for the land in accordance with IXD of the Environmental Protection Act 1970; or An environmental auditor appointed under the Environmental Protection ct 1970 must make a statement in accordance with Part IXD of that Act that the conditions of the and are suitable for the sensitive use.

The Panel Report recommended that the EAO be removed from the then current Lawson Drive Plan of Subdivision on the basis that the lots are on the outer edge of the 500 metre buffer zone, the subdivision is lower in landscape with gas migration downhill being less likely and there are existing houses between the subdivision and the landfill and if necessary, gas migration monitoring is more likely to be undertaken at those houses (page 35 & 36, Panel Report to PSA C112 PART 1 East Gippsland Planning Scheme). The Planning Permit Application has been referred to the EPA three times as part of the statutory referral of the proposed subdivision. The EPA has raised no objection to the application. Development Contributions The Lakes Entrance Northern Growth Area Development Contributions Plans, East Gippsland shire Council, February 2014 represents the first formalised development contribution plan within the East Gippsland Shire Planning Scheme. The express purpose of the LENGA DCP is to support the funding of shared infrastructure in the land known as LENGA Part 1. It applies to all land within LENGA and requires contribution from all landowners/ developers. The DCP will collect levies to ensure that the infrastructure items identified are funded to enable Council to provide the infrastructure in the LENGA area. The DCP is not the sole source of funding for all infrastructure in the LENGA area.


These sources include subdivision and development construction works by developers, development contributions (both Community Infrastructure Levy and Development Infrastructure Levy as shown in the DCP), utility providers contributions and capital works projects by Council, State Government agencies and community groups. The Independent Traffic Report proposes in addition to the DCP and LENGA ODP a methodology to implement an equitable and fair distribution of the developer funded construction works associated with the road infrastructure. The strategic planning process is entirely consistent with the Victorian State Government planning provisions. Clause 1.7 of the Lakes Entrance Northern Growth Area Development Contributions Plan (February 2014, Version 2.1) states the following. “1.7 Excluded Development The development authorised by the planning permit which issues in application 177/2011/P provided the development is generally in accordance with the subdivision layout forming part of the permit application 177/2011/P. Any development which is not generally in accordance with the subdivision layout forming part of the permit application 177/2001/P is not exempt”. The document is incorporated into the planning scheme. Public Open Space, waterways and drainage The approved Native Vegetation Precinct Plan documents selected vegetation which is authorised for removal as part of the subject subdivision works. The Open Space objectives contained with LENGA seek to implement a series of connected open space lineal corridors, which will most often be coincided with the waterways, and will be intrinsically linked to existing vegetation corridors and road corridors. The LENGA objectives seek to implement integrated water management using water sensitive urban design, reuse of storm water and recycled water. Neighbourhood design seeks to ensure that waterways and ecologically significant areas of native vegetation and important habitat areas become community assets. The LENGA framework encourages the preparation of a Landscape Master Plans which integrate open space, reserves, streetscapes, pathways, buffers, entrance features, protect and retain existing vegetation and to be managed doe bushfire risk recognising multiplicity of roles and outcomes. There are multiple planning permit conditions requiring the preparation of an overall Landscape Master Plan, preparation of details landscape plans for each stage, preparation of Reserve Management and Vegetation Management Plan. There are no community facilities or passive open space areas identified within the subject land. Council Plan Strong Communities Goal 1 - East Gippsland has connected, inclusive and vibrant communities A Liveable Region Goal 1 – East Gippsland has safe, accessible and well utilised open spaces and built environments that reflect the priorities of our community.


A Liveable Region Goal 2 – Sustainable planning and growth supports thriving townships, while maintaining our commitment to sustainability and protecting our natural environment. There are many existing adopted Council Policies that the proposed application should consider and respond to. Council Policy These policies include the following: Lake Entrance Coastal Towns Urban Design Framework (2007); East Gippsland Shire Council Plan 2013-2017; East Gippsland Social Impact Guidelines for Development Applications; East Gippsland Water Sensitive Urban Design; Lakes Entrance & District Community Plan; East Gippsland Access & Mobility Plan; and Infrastructure Design Manual. Legislation The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. The Planning Permit Application has been received, processed and considered in accordance with the Planning and Environment Act 1987. The applicable controls under the planning scheme are summarised below:

Land/Address: 54 Thorpes Lanes Lakes Entrance Lot 2 on PS 712500

Zoning: General Residential 1 Zone

Overlays: Development Contributions Plan Overlay – Schedule 1 Erosion Management Overlay Part Environmental Audit Overlay Development Plan Overlay – Schedule 8 Part Bushfire Management Overlay (Amendment GC13)

Incorporated Documents

Lakes Entrance Northern Growth Area Outline Development Plan (October 2013). Lakes Entrance Northern Growth Area Native Vegetation Precinct Plan (October 2013). Lakes Entrance Northern Growth Area Social Impact Assessment (August 23012)

Restrictive covenants on the title.

Section 173 Legal Agreement 18 September 2001 Section 173 Legal Agreement 13 November 2017

Current use and development:

Vacant land (zoned General Residential 1 Zone). Approved development plan

Related Applications: Development Plan approved 12 December 2018.

Application details: Lodged on 05/04/2011 for approval of 152 residential subdivision, creation of a site for a future retirement village, creation of open space, creation of road access to Palmers Road, removal of native vegetation and removal of existing power line easement. At the time of lodgement, the subject application included an additional title being Lot 2 on PS on 505056, which provided frontage to Palmers Road. Planning Permit Application was amended on 18/05/15.


Proposed permit conditions at Appendix 1. 5 CONSULTATION WITH STAKEHOLDERS The Planning Application was advertised four times in accordance with section 52 of the Act. It is considered that the objectors have raised reasonable concerns. It is recommended that conditions be included to ensure appropriate measures. A total of six objections have been received. Key matters addressed relate to; stormwater drainage and impact on watercourses and existing drainage infrastructure, concerns relating to the level of removal of native vegetation and concerns in relation to the traffic management proposed. Specific traffic concerns relate to current functioning and capacity of the intersection with Stirling Road and Thorpes Lane, the issue of safety with single access and egress and that there is no guarantee with the timing of the provision of secondary connection access to Palmers Road. These matters have been addressed in a comprehensive manner, both within the existing strategic approvals in place and with the planning permit conditions forming part of the proposed recommendation at hand. A community information process was undertaken in relation to the development plan approval between 23 November 2016 and 7 December 2016. Additional comments have been received in conjunction with oral submission made at the Council meeting of 13 December 2016. As a result of the community consultation process five oral submissions were made to the 13 December 2016 Council Meeting and a total of six written submissions. The issues raised are able to be broadly categorised as follows; traffic management, strategic planning framework, questions relating to conflict of interest, due diligence, best interests of ratepayers and residents, landfill buffer, bushfire management and risk, fairness, additional burden to adjoining land owners, unfairness associated with Council owned land and a request to deny approval of the development plan overall Organisational

• Financial

Nil

• Human Resources

The processing of the planning permit application has been undertaken by planning officers.

• Amenity/Environment

The assessment of the proposal against the East Gippsland Planning Scheme appropriately considers potential amenity and environmental impact of the proposed subdivision.


APPENDICES AND ATTACHMENTS Appendices 1. Proposed Planning Permit Conditions. Attachments 1. Copy of Proposed Plans 2. Copy of Objections received. 3. CFA letter 14 December 2018.


Good Governance 5.2.1 Leasing and Licensing Policy for Council owned Land and Council

managed Land Authored by Susan Lloyd, Governance Projects Officer Endorsed by Peter Cannizzaro, General Manager Business Excellence Document No 7889933 In Attendance Chris Feil Manager Governance ___________________________________________________________________________ EXECUTIVE SUMMARY The Leasing and Licensing Policy for Council-owned Land and Council-managed Land (the Policy) provides guidance on the leasing and licencing of property owned or managed by Council. It prescribes a range of processes that will be used in administering such agreements and in doing so references and adheres to a range of legislative and policy documents. This report seeks Council’s review and adoption of the draft revised Policy provided at Appendix 1. A version of the current policy marked-up to reflect all changes proposed, is provided at Attachment 1. In reviewing the Policy extensive reference has been made to the Department of Environment, Land, Water and Planning (DELWP) Leasing Policy for Victorian Crown Land (DELWP Policy). The DELWP policy provides a rigorous framework by which public land is managed on DELWP’s behalf. The DELWP policy also provides a useful reference for the leasing and licensing of Council-owned land. RECOMMENDATION That Council: 1. adopts the Leasing and Licensing Policy for Council-owned Land and Council-

managed Land, as provided at Appendix 1; and

2. authorises the Chief Executive Officer to amend the adopted Leasing and Licensing Policy for Council-owned Land and Council-managed Land without formal Council consideration if the amendments required are of a minor administrative nature.

Cr Marianne Pelz / Cr Colin Toohey THAT THE RECOMMENDATION BE ADOPTED

CARRIED 03/03/20 For: Crs Buckley, Pelz, Reeves, Rettino, Roberts, Toohey and White Against: Cr Ellis


OFFICER COMMENT / CONTEXT Discussion The Policy ensures that the leasing and licencing of land under its auspices is subject to a fair and transparent process. The Policy also ensures that Council’s administration of leases and licences are consistent with applicable legislation, and that decisions taken are based on the principles of optimising community benefit and result in the effective and responsible management of public assets. Council is responsible for managing Crown land on behalf of the Victorian Government, where it is the designated committee of management. This delegated authority allows Council to enter into agreements on behalf of the Crown (including sub-agreements), subject to the consent of the Minister responsible for administering the Crown Land (Reserves) Act 1978. In the main, the Policy has been amended to include information that better explains the processes through which leasing and licensing of Council-owned land and Council-managed land occurs. Some sections in the Policy have been expanded to provide greater transparency and a range of minor administrative changes are also proposed which include:

• change of title of the Policy to be renamed the Leasing and Licencing Policy for Council-owned Land and Council-managed Land. This title, Leasing and Licencing Policy for Council-owned Land and Council-managed Land better reflects the rights and responsibilities of tenants accessing Council-owned land and Council-managed land;

• insertion of the definition of ‘Management Agreement’;

• insertion of the definition of ‘Social Enterprise’;

• where appropriate seeks to provide greater clarity on commercial and community obligations under the Policy;

• updates the expression of interest process so that it aligns with current DELWP policy;

• a new provision has been inserted which relates to the sub-leasing of property;

• a new provision (taken from DELWP’s policy) has been inserted that gives Council flexibility in issuing longer-term leases for large scale projects of regional significance or for the provision of essential services;

• definitions of ‘lease’ and ‘licence’ have been inserted for reference to the naming convention of the Policy;

• expands the definition of not-for-profit organisations, particularly in cases where the operations of a not-for-profit organisation includes a commercial element;

• moving to an annual increase based on the percentage rate cap set by the Minister for Local Government in December each year, rather than using CPI value;

• the proposed introduction of a Capital Improved Value (CIV) methodology for rental assessments for non-profit organisations deemed to be engaged with commercial activities. The practical application of the CIV methodology will be included in the updated Council-owned land and Council-managed land procedure;

• updating the requirement for tenants to take out and maintain public liability insurance for a minimum of $20 million;

• inclusion of a more robust section on community use and its associated attributes;

• inclusion of a section on seasonal use of Council-owned land and Council-managed land; and

• a new clause that will require tenants to provide Council with emergency and evacuation plans, in compliance with applicable Occupational Health and Safety legislation.


Council Plan Good Governance Goal 1 - East Gippsland Shire Council is inclusive, engaged and open Good Governance Goal 3 – Council is in a strong financial position and can provide for future generations of East Gippslanders. Council Policy The revised Policy will continue to ensure that the Expressions of Interest process undertaken in respect of leases and licences is conducted fairly, openly and in accordance with the best practice principles of Council’s Procurement Policy. The revised Policy also reflects Council’s commitment to making decisions that are transparent, equitable and in the best interests of the community. Legislation Section 190 of the Local Government Act 1989 (the Act) empowers Council to lease Council-owned land. Section 17 of the Crown Land (Reserves) Act 1978 provides Council with the authority to manage Crown land as a Committee of Management, subject to relevant conditions and approvals. The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Organisational

• Financial There are no direct cost implications associated with the implementation and execution of the revised draft Policy. In using the methodology to determine the rental discount for not-for-profit organisations with a commercial revenue stream it is expected when taken as a whole, that there will be significant savings to Council, as valuations based on use of the property are quite often challenged by tenants and historically have resulted in significant additional costs to Council, both financially and in time, to resolve disagreements in rental amounts. Further, in terms of financial benefit to Council, it is not possible to determine this given the maximum percentage increase in rates and charges that may be applied (the rate cap) is set by the Minister for Local Government on annual basis

Officer Declaration of Conflict of Interest Section 80C of the Act requires member of Council staff and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.


Consultation

In relation to the updated Policy, and in particular the implementation of a CIV methodology to calculate future rental tenancies, Council officers are currently undertaking a review of other Victorian Councils who already apply or are considering a CIV type methodology. The findings from this review will be presented at a future Councillor Briefing Session.

APPENDICES AND ATTACHMENTS Appendices 1. Leasing and Licensing Policy for Council-owned Land and Council-managed Land (2020

version clean). Attachments 1. Rental Policy for Council-owned Land and Council-managed Land (2017 version with

tracked changes)


5.2.2 Public Interest Disclosure Policy Authored by Chris Feil, Manager Governance Endorsed by Peter Cannizzaro, General Manager Business Excellence Document No 8363670 In Attendance Chris Feil, Manager Governance __________________________________________________________________________ EXECUTIVE SUMMARY This report seeks Council’s review and adoption of the draft Public Interest Disclosure Policy (the Policy) (provided at Appendix 1). The updated Policy seeks to make it easier to make a disclosure. The Protected Disclosure Act 2012 has been renamed the Public Interest Disclosure Act 2012 (the Act), which came into effect on 1 January 2020. The changes to the Act allow a broader range of disclosures to be made, provides more independent expert bodies to investigate and introduces a ‘no wrong door’ approach to ensure disclosers are not excluded as a result of technical non-conformances. The draft revised Policy has been updated to reflect changes in legislation as well as interpretation. RECOMMENDATION That Council: 1. adopts the Public Interest Disclosure Policy as provided at Appendix 1; and 2. authorises the Chief Executive Officer to amend the adopted Public Interest

Disclosure Policy without formal consideration if the amendments required are of a minor administrative nature.

Cr Mark Reeves / Cr Joe Rettino THAT THE RECOMMENDATION BE ADOPTED

CARRIED UNANIMOUSLY 03/03/20 OFFICER COMMENT / CONTEXT Discussion The key legislative changes to the Act, as contained in the model Public Interest Disclosure Policy include:

1. New terminology:

• Protected Disclosure Act 2012 will be renamed the “Public Interest Disclosure Act 2012”; and

• The term ‘protected disclosure’ and ‘protected disclosure complaint’ have been replaced respectively with the terms ‘public interest disclosure’ and ‘public interest complaint’.


2. The definition of ‘improper conduct’ has been broadened to include:

• ‘Serious professional misconduct’;

• Substantial risk to health or safety ‘of one or more persons’; and

• Conduct of ‘any person’ that adversely affects the honest performance of a public officer or public body’s functions or is intended to affect the performance and obtain an advantage for that person.

3. Additional bodies who will now be able to investigate public interest disclosure (PID) complaints include:

• The Chief Municipal Inspector;

• The Information Commissioner; and

• The Racing Integrity Commissioner

4. Misdirected disclosures – the legislation provides a new ‘no wrong door’ provision. This allows for a public interest disclosure to an incorrect receiving entity to be redirected to another, without the discloser losing the protections of the public interest disclosure scheme.

5. Changes to the confidentiality threshold for the content of disclosures and the identity of

the discloser:

• Disclosure to spouses/partner, health practitioners, trade unions, and employee assistance programs and the Fair Work Commission are permitted for the purpose of assisting the discloser;

• The handling of disclosures has expanded to give IBAC flexibility to refer a public interest complaint for investigation under s.73A to the Chief Municipal Inspector, Racing Integrity Commissioner or to the Information Commissioner. These new referral bodies have the power to issue confidentiality notices, which directs the recipient to not disclose information relating to specified matters.

6. A new class of disclosures has been created for ‘external disclosures. Protections from

reprisal and related protections under Part 6 of the Act are retained when a discloser makes an ‘external disclosure’. This mechanism will allow a person who has made a public interest complaint, who is not satisfied with the way it is being handled to contact external parties (those not authorised to receive public interest disclosures, such as journalists or politicians) under particular circumstances, and will still be protected under the Act.

Marked up copies of the current policy detailing the amendments proposed are provided at Attachment 1. The Procedure also now includes a risk management plan that considers the welfare of disclosers, witnesses and the people who are subject of disclosures. A presentation by the Manager Governance will be provided on the new public interest disclosure requirements to all new staff following approval by Council. Council Plan Good Governance Goal 1 - East Gippsland Shire Council is inclusive, engaged and open Good Governance Goal 2 - Our relationships with other levels of government and partners deliver great outcomes for East Gippslanders


Council Policy The current Council Protected Disclosure Policy was adopted in 2017 and its purpose was to declare Council’s commitment to the Protected Disclosure Act 2012 and document the system for receiving, assessing and reporting disclosures of improper conduct or detrimental action by Council, its employees, contractors or volunteers. The Protected Disclosure Policy 2017 established the standards that Council would abide by in protecting those making disclosures and meeting the welfare needs of those who are were subject of a disclosure. Legislation This report reflects the name change of the Act from Protected Disclosure Act 2012 to the “Public Interest Disclosure Act 2012”. The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Organisational

• Financial Changes to the East Gippsland Council Public Interest Disclosure Policy and Procedure will have no financial impact on Council’s budget.

Consultation There was no community consultation required in the consideration of this report APPENDICES AND ATTACHMENTS Appendices 1. Draft Public Interest Disclosure Policy (clean version) Attachments 1. Protected Disclosure Policy (with track changes)


5.2.3 Waiving of Development Fees Associated with Directly Impacted Bushfire Affected Properties

Authored by Aaron Hollow, Manager Planning Endorsed by Jodie Pitkin, Acting General Manager Place and Community Document No 8383779 In Attendance Aaron Hollow, Manager Planning ___________________________________________________________________________ EXECUTIVE SUMMARY The Bushfire event of 2019/2020 has resulted in direct impacts to many private properties. Many landowners will be considering temporary accommodation/buildings on these properties and may consider the replacement or reconstruction of bushfire impacted buildings. At present the Department of Environment, Land, Water and Planning (DELWP) are considering planning processes that will facilitate the recovery of these bushfire impacted properties. These processes are likely to result in the need for planning fees and other associated development fees to be paid by landowners. In order to assist the recovery process, it is considered that development fees associated with bushfire affected properties for temporary situations and rebuilding of impacted structures should be waived. RECOMMENDATION That Council approves the waiving of development fees associated with temporary buildings and permanent rebuilding of structures for landowners that have been directly impacted by the bushfire event 2019/2020. Cr Joe Rettino / Cr Colin Toohey THAT THE RECOMMENDATION BE ADOPTED

CARRIED UNANIMOUSLY 03/03/20 OFFICER COMMENT / CONTEXT Discussion Council officers have been in discussions and actively working with DELWP officers in respect to planning processes and planning provisions that are likely to be introduced into the East Gippsland Planning Scheme to assist the recovery processes for bushfire affected landowners. The Victorian planning, building and environmental health services are in part user pays which allows for councils to recover part of the costs for administering and implementing the service. Fees for planning applications and consents are regulated under the Planning and Environment (Fees) Regulations 2016.


Given the serious impacts the 2019/2020 bushfire event has had on many landowners Officers believe it to be appropriate for Council to consider the waiving of development fees for property owners that have been directly impacted by the bushfires in order to allow for temporary accommodation/buildings on these properties and replacement or reconstruction of bushfire impacted buildings. Regulation 20 of the Planning and Environment (Fees) Regulations 2016 provides that a responsible authority (Council) to wholly or in part waive the payment of a fee. Regulation 20 outlines the reasons when the payment of a fee can be waived. It is considered that Council can utilise Regulation 20(c)(ii) for this situation. Regulation 20 of the Planning and Environment (Fees) Regulations 2016 is provided at Attachment 1. There are a number of non-statutory development associated fees that Council can determine to waive. Council can determine to reduce statutory building and environmental health development associated fees to effectively waive them. Council Plan Strong Communities Goal 1 - East Gippsland has connected, inclusive and vibrant communities A Liveable Region Goal 1 - East Gippsland has safe, accessible and well utilised open spaces and built environments that reflect the priorities of our community Legislation The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Community The proposed recommendation will have a positive influence on landowners that have been subject to direct bushfire impacts and as such will assist many communities on the path to recovery. Organisational

• Financial Council officers have undertaken a process of estimating the potential cost to the organisation based on known properties directly impacted at the time of preparing this report. The estimated costs associated with the waiving of fees is as follows:


These fees are not a reduction of budgeted income. These fees were not expected and as a result the income budget is not affected. It is noted that an increased workload is expected and such fees would normally offset the cost of additional staff to carry out this work. Negotiations are currently taking place regarding a number of possible funding options to offset this cost, It is not expected that the waiving of these fees will have a negative impact on Councils budget.

• Human Resources The administration of planning, building and environmental health processes may have an impact beyond currently budgeted human resources. This will be reviewed in more detail as the process evolves and addressed as required.

Consultation There has been no formal community consultation undertaken in the preparation of this report. APPENDICES AND ATTACHMENTS Appendices Nil Attachments 1. Regulation 20 of the Planning and Environment (Fees) Regulations 2016.

Fees:

Fees - temporary dwelling $50,000 Written advice to landowners advising that a temporary dwelling or business can be located on a property (250 properties/each request is a $200 fee)

Fees - re-building structures $40,000 Written advice regarding re-building of structures (200 properties/ each request is a $200 fee)

Fees - planning permit $489,440 Planning permit application fees (380 properties/each application $1288)

Fees - septic tank permit $177,000 Septic tank permit application fees (300 properties/each application $590)

Fees - discharge point $17,200 Legal Point of Discharge application (400 properties/$43)

Fees - building permit lodgements

$47,600 Building Permit Lodgement 400 properties/each fee $119

Fees - building report and consent applications

$43,500 Building Report and Consent applications (150 properties/each application $290)

Sub-Total $864,740


Responsive Services 5.3.1 Road Exchange – Old Coach Road Tambo Crossing Authored by Lou Wigg, Senior Property Officer Endorsed by Peter Cannizzaro, General Manager Business Excellence Document No 8311931 In Attendance Chris Feil, Manager Governance _______________________________________________________________________ EXECUTIVE SUMMARY Council approval is sought to commence proceedings for a road discontinuance for a road reserve adjacent to 94 Old Coach Road, Tambo Crossing (the Property) for Lots1,4,5 and 6 on Title Plan TP 390448K, as shown on Appendix 1. A road exchange will then be undertaken for private property in the southern part of Lot 1-TP 390448K 94 Old Coach Road, Tambo Crossing, as shown on Appendix 2. In exchange for the southern part of Lot 1-TP 390448K as shown on Appendix 2, an equivalent area of 5855m2 in the northern part of the Property adjacent to Lot 5 – TP 390448K, as shown on Appendix 1, will revert to private property for the construction of a hay shed. The Old Coach Road (Road) traverses through the Property. The Road is used by members of the public to access the Tambo River. RECOMMENDATION That Council: 1. determines that the road reserve adjacent to Lot 5 – TP390448K, refer Appendix

1, is not required for public access or any future public use; 2. resolves to advertise its intention to discontinue part of the road reserve adjacent

to Lot 5 – TP 390448K, refer Appendix 1, in the northern section of the private property, pursuant to section 206, including clause 3 of schedule 10 and section 20A of the Local Government Act 1989;

3. authorises Council officers to place a public notice of the proposed road

discontinuance and the road exchange in local newspapers; 4. notes that section 5.5.2 of Council’s Sale of Council-owned Land Policy stipulates

that land, (which will include land exchange), will not be sold for less than market value, unless Council specifically resolves otherwise;

5. resolves to undertake the exchange of road reserve adjacent to Lot 5 on

TP390448K, refer Appendix 1, for part of Lot 1 on TP390448K, refer Appendix 2, with the owner of 94 Old Coach Road Tambo Crossing with all costs to be borne by the owner;


6. appoints a Committee comprising the whole of Council with a quorum of five councillors, to hear and consider any written public submissions received in relation to the proposed road exchange in accordance with section 223 of the Local Government Act 1989;

7. nominates 24 March 2020 at 1.00 pm as the date and time for the Committee to

hear any submissions; 8. proceeds to publish a notice in the Government Gazette and all relevant

documentation surrounding the exchange to be lodged with the Registrar of Title if no submissions are received on the proposed road exchange; and

9. notes that as part of the section 223 process, a report providing a

recommendation from the Committee hearing will be presented at the next available Council meeting for its consideration, should any submissions be received regarding the proposed road exchange.

Cr Ben Buckley / Cr Richard Ellis THAT THE RECOMMENDATION BE ADOPTED

CARRIED UNANIMOUSLY 03/03/20 OFFICER COMMENT / CONTEXT Discussion The purpose of this report is to seek authorisation from Council to commence proceedings for a road discontinuance for road reserve adjacent to Lot 5 on TP390448K in the northern part of the Property. Following the road discontinuance, an area of road reserve being 5855 m2

adjacent to Lot 5 on TP390448K within the northern part of the private property (identified as ‘A’ on Attachment 1) will be exchanged for an equivalent area of 5855 m2 in the southern section of the Property. The part of the Property in the south to be exchanged is part of Lot 1 on TP390448K Old Coach Road Tambo Crossing (identified as ‘B’ on Attachment 1) which traverses through the Property. This part of the Road is used by members of the public to access the Tambo River. Old Coach Road (outlined green on Attachment 1) commences in the south of the Property at the Great Alpine Road and traverses northward through the Property for approximately 4.7 kilometres. This section of the road is on Council’s road register and is maintained by Council. The Road then continues on as a track for a further 6.6 kilometres through other private property and state forest. This section of the road is not maintained by Council. The road then continues northward for a further 3.1 kilometres where it joins the Buchan-Ensay Road. This northern-most section of the Old Coach Road is on Council’s road register and is maintained by Council. The majority of land in the area is class 4 land which is land capable of extensive grazing, but not cultivation, and is subject to moisture limitations and improved with regular fertilizer application. The nearest weather station at Tambo Crossing records an average annual rainfall of 786mm. The northern part of the Property comprises undulating to moderately sloping land and is readily accessible. The southern part of the Property includes the established partly bitumen and gravel surfaced Old Coach Road. A small section of this land may be subject to flooding but has the advantage of being readily accessible to Tambo River Reserve frontage.


In 2016 the owner of the Property applied to Council for a planning permit to construct a hay shed on his Property in the northern section. It was identified during this process that the proposed site was actually road reserve. In the early 1990s the former Shire of Omeo proposed a road exchange at 94 Old Coach Road Tambo Crossing to realign the existing road reserve to accord with the constructed road. It appears that this road deviation and exchange were never finalised. The owner of the Property was not aware that the proposed road deviation and road exchange had not occurred until his planning permit was rejected by Council and the construction of the hay shed could not proceed. The proposed area for the hay shed is the only relative flat ground available for the purpose of constructing a hay shed in the near proximity. The width of the road reserve is a 3 chain (60 metres) wide road reserve. The area proposed for exchange is 27 metres wide, which will leave over 30 metres in width in the road reserve. The owner of the Property has advised that he has grazed and maintained this area as if it was his land, not realising that the land exchange had not proceeded. The owner has advised that the area for the proposed hay shed area is not used by Council or any other government body or private persons. Old Coach Road commences on the northern side of the Tambo River and runs through the lower half of the Property and then turns northward through the Property extending into a neighbouring private property. This lower section of the Old Coach Road, through Lot 1 on TP390448K of the Property, refer Attachment 1, is used regularly by members of the public to access the Tambo River as a popular camping spot. The owner of the Property has requested that Council undertake a road exchange process to exchange the Road Reserve area adjacent to Lot 5 on TP390448K proposed for the hay shed in the northern part of the Property (outlined yellow on Appendix 1) with part of Lot 1 on TP390448K in the southern section of the Property (outlined blue on Appendix 2) that is used by members of the public to access the Tambo River (outlined purple on Appendix 2). On advice from Council, the areas proposed to be exchanged are of the same size, both 5,855 square metres. By undertaking this road exchange the owner will be able to construct the hayshed which will enable the storage of feed for his stock in a protected environment. Old Coach Road is a public road and is on Council’s road register. As it is a public road Council are responsible for inspecting, maintaining and repairing the road. The proposed area of road reserve adjacent to Lot 5 on TP390448K, refer Appendix 1,is required to construct the hay shed and is required to be discontinued as a road before the exchange can take place. Council Plan Responsive Services Goal 2 - We put the customer first and give each customer a great experience of Council’s services Council Policy Clause 5.5.2 of Council’s Sale of Council-owned Land Policy provides for “where a proposed sale of land comprises a parcel of land or discontinued road that would otherwise not be able to be lawfully utilised or developed in its own right, the land may be sold by private treaty to the adjoining registered freehold proprietor at a price not less than current market valuation and to achieve a consolidation of title with the adjoining freehold property.


As this matter relates to a request from the adjoining land owner to exchange land that has a public road through it for a portion of road reserve to construct a hayshed, there is no requirement to offer the land for sale at public auction or the open market. Legislation The proposed road exchange is required to be conducted in accordance with sections 206, 207B, 207D(1)(b) and 207E of the Local Government Act 1989 (the Act), including Clauses 2 and 3 of Schedule 10. The sale can be completed as a private treaty sale and effected under the provisions of Section 189 of the Act, provided that all details of Council’s intention to sell are clearly disclosed during the proposed road exchange process The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Community There will be no negative identifiable community impact as this section of Council road is not being used by the public and is not required to be used by the public as a public highway. Organisational

• Financial As the area of the road reserve adjacent to Lot 5 on TP390448K, being 5855 m2, refer Appendix 1, is to be exchanged for an area of 5855 m2 at Lot 1 on TP390448K, refer Appendix 2, in the southern section of the property, with both areas being the same size, there will be no financial consideration for either party. Clause 5.7 of Council’s Sale of Council-owned Land Policy states “where a sale conducted under clauses 5.5.1 to 5.5.3 of this policy, or where this requirement is varied by Council resolution on community benefit grounds, all valuation, surveying, legal and similar costs associated with a sale of Council-owned land be borne by the purchaser. There will be no financial cost to Council as the owner of the Property will incur all costs at his bequest.

Consultation Members of the public will be entitled to make a submission in response to the public notice and hearing process conducted in accordance with section 223 of the Act. The General Manager Assets and Environment (formerly Acting Director Operations) has been consulted and has provided consent to the exchange of the unused road reserve and the formal acquisition of the part of Old Coach Road, which traverses through the Property.


APPENDICES AND ATTACHMENTS Appendices 1. Plan showing proposed area for exchange in northern part of Property 2. Plan showing proposed area for exchange in southern part of Property Attachments 1. Plan showing the whole of the property at 94 Old Coach Road


6 Urgent and Other Business

Nil Cr Marianne Pelz / Cr Richard Ellis COUNCIL WILL NOW CLOSE THE MEETING TO THE PUBLIC IN ACCORDANCE WITH THE PROVISION OF SECTION 89 (2) (D) OF THE LOCAL GOVERNMENT ACT 1989, TO CONSIDER ITEMs 7.1 TO 7.9 AS THESE ITEMS RELATE TO CONTRACTUAL MATTERS.

CARRIED UNANIMOUSLY 03/03/20 The meeting was closed to the public at 6.57 pm.

7 Confidential Business

Consideration of confidential matters under section 89(2) of the Local Government Act 1989. Deliberations of Council while in closed session are recorded in Council’s Confidential Minute Book. Reports and Attachments are located in Council’s Confidential Minute Book. The meeting was re-opened to the public 7.44 pm.

CON2019 1312 Lakes Tyers Beach Road Drainage and Road Improvement Works Cr Joe Rettino / Cr Mark Reeves THAT COUNCIL: 1. ACCEPTS THE TENDER SUBMITTED BY FOWLERS ASPHALTING PTY LTD

FOR CON2019 1312 LAKE TYERS BEACH DRAINAGE AND ROAD IMPROVEMENT WORKS FOR THE CONTRACT AMOUNT OF $813,345.50, EXCLUSIVE OF GST;

2. AUTHORISES SIGNING AND SEALING OF THE CONTRACTS IN THE FORM

PROPOSED; AND 3. RESOLVES THAT THIS REPORT, ITS ATTACHMENTS, APPENDICES AND

ALL DISCUSSIONS IN RELATION TO THIS MATTER REMAIN CONFIDENTIAL.

CARRIED 03/03/20

For: Crs Buckley, Ellis, Reeves, Rettino, Roberts, Toohey and White Against: Cr Pelz


CON2019 1338 Upgrade of Marlo Transfer Station

Cr Mark Reeves / Cr Joe Rettino THAT COUNCIL: 1. ACCEPTS THE TENDER SUBMITTED BY J.W. VOLK PTY LTD FOR CON2019

1338 UPGRADE OF MARLO TRANSFER STATION FOR THE CONTRACT AMOUNT OF $417,095.40 EXCLUDING GST.

2. AUTHORISES SIGNING AND SEALING OF THE CONTRACTS IN THE FORM PROPOSED; AND

3. RESOLVES THAT THIS REPORT, ITS ATTACHMENTS, APPENDICES AND


CARRIED 03/03/20

For: Crs Buckley, Pelz, Reeves, Rettino, Toohey and White Against: Cr Ellis and Roberts

CON2019 1349 Davison Oval Skate Park Redevelopment

Cr Joe Rettino / Cr Marianne Pelz THAT COUNCIL: 1. ACCEPTS THE TENDER SUBMITTED BY GRIND PROJECTS PTY LTD FOR

CON2019 1349 DAVISON OVAL SKATE PARK REDEVELOPMENT FOR THE CONTRACT AMOUNT OF $495,330.00, EXCLUSIVE OF GST;


PROPOSED; AND 3. RESOLVES THAT THIS REPORT, ITS ATTACHMENTS, APPENDICES AND


CARRIED 03/03/20

For: Crs Buckley, Pelz, Reeves, Rettino, Roberts, Toohey and White Against: Cr Ellis


CON2019 1359 Sunny Point Road Bridge Replacement Buchan

Cr Colin Toohey / Cr Marianne Pelz

THAT COUNCIL: 1. ACCEPTS THE TENDER SUBMITTED BY JARVIS NORWOOD

CONSTRUCTIONS FOR CON2019 1359 SUNNY POINT ROAD BRIDGE REPLACEMENT, BUCHAN FOR THE CONTRACT AMOUNT OF $576,675 EXCLUDING GST;


PROPOSED; 3. RESOLVES THAT THIS REPORT, ITS ATTACHMENTS, APPENDICES AND

ALL DISCUSSIONS IN RELATION TO THIS MATTER REMAIN CONFIDENTIAL; AND

4. NOTES THAT ANY SHORTFALL BETWEEN THE AMOUNT OF FUNDING

RECEIVED THROUGH NATURAL DISASTER FUNDING AND THE FULL COST OF THE BRIDGE REPLACEMENT WILL BE FUNDED BY BRINGING FORWARD A COMPONENT OF THE 2020/21 BRIDGE RENEWAL BUDGET FROM THE CAPITAL WORKS PROGRAM.


CON2019 1360 Upper Wingan Road Bridge Replacement Karlo Creek

Cr Jackson Roberts / Cr Ben Buckley

THAT COUNCIL: 1. ACCEPTS THE TENDER SUBMITTED BY TAMBO CONSTRUCTIONS PTY

LTD FOR CON2019 1360 UPPER WINGAN ROAD BRIDGE REPLACEMENT, KARLO CREEK FOR THE CONTRACT AMOUNT OF $330,410 EXCLUDING GST;








CON2019 1365 Sandy Creek Road Bridge Replacement Tabberabbera

Cr Mark Reeves / Cr Joe Rettino


CONSTRUCTIONS PTY LTD FOR CON2019 1365 SANDY CREEK ROAD BRIDGE REPLACEMENT, TABBERABBERA FOR THE CONTRACT AMOUNT OF $264,610.00 EXCLUDING GST;







CON2019 1367 Yalmy Road Bridge Replacement Jarrahmond

Cr Marianne Pelz / Cr Colin Toohey


CONSTRUCTIONS PTY LTD FOR CON2019 1367 YALMY ROAD BRIDGE REPLACEMENT, JARRAHMOND FOR THE CONTRACT AMOUNT OF $375,270 EXCLUDING GST;








CON2019 1368 Harrison Creek on Fairhaven Road Bridge Replacement Genoa

Cr Mark Reeves / Cr Ben Buckley

THAT COUNCIL: 1. ACCEPTS THE TENDER SUBMITTED BY TAMBO CONSTRUCTION PTY LTD

FOR CON2019 1368 HARRISON CREEK ON FAIRHAVEN ROAD BRIDGE REPLACEMENT, GENOA FOR THE CONTRACT AMOUNT OF $304,259 EXCLUDING GST;







CON2019 1369 Little River No2 on Fairhaven Road Bridge Replacement Genoa

Cr Ben Buckley / Cr Richard Ellis

THAT COUNCIL: 1. ACCEPTS THE TENDER SUBMITTED BY TAMBO CONSTRUCTIONS PTY

LTD FOR CON2019 1369 LITTLE RIVER NO2 ON FAIRHAVEN ROAD BRIDGE REPLACEMENT, GENOA FOR THE CONTRACT AMOUNT OF $323,065.00 EXCLUDING GST;




4. NOTES THAT THIS PROJECT WILL BE FUNDED BY BRINGING FORWARD A

COMPONENT OF THE BRIDGE RENEWAL BUDGET FROM THE 2020/21 CAPITAL PROGRAM.



8 Close of meeting

The meeting closed at 7.57 pm.

Confirmed ______________________ Cr John White, Mayor Date: 17 March 2020