MINUTES OF HELD ON TUESDAY 21 AUGUST 2018 …...1 . minutes of . the ordinary meeting of council . held on . tuesday 21 august 2018 . commencing at 6.30 pm in the . council chamber,

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MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD ON TUESDAY 21 AUGUST 2018

COMMENCING AT 6.30 PM IN THE COUNCIL CHAMBER,

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

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TABLE OF CONTENTS

1. PRESENT 4

1.1. COUNCIL OFFICERS 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY MEETING OF COUNCIL – 17 JULY 2018 4

5. PUBLIC QUESTION TIME 5

6. PETITIONS AND JOINT LETTERS 8

6.1. RANTERS GULLY ROAD, MUCKLEFORD 8

6.2. DUKE STREET, CASTLEMAINE - PEDESTRIAN CONCERNS 8

7. COMMITTEE REPORTS 9

7.1. AUDIT AND RISK ADVISORY COMMITTEE 9

8. ASSEMBLIES OF COUNCILLORS 15

9. OFFICER REPORTS 21

9.1. OUR PEOPLE (PEO) 21 NIL REPORTS 21

9.2. OUR PLACE (PLA) 21 PLA 10 REDUCE SPEED LIMIT ON RANTERS GULLY ROAD FROM 100KM TO 80KM 21 PLA 11 RESPONSE TO PETITION - REQUEST FOR COUNCIL TO IMPROVE AMENITIES IN MORRISSEY RESERVE (ALSO KNOWN AS WEST END PLAYGROUND 23

OUR ECONOMY (ECO) 24 ECO 32 PLANNING PERMIT APPLICATION 183/2017- CONSTRUCTION OF A DWELLING AND CREATION OF ACCESS TO A ROAD IN A ROAD ZONE – CATEGORY 1 AT CROWN ALLOTMENT 184 ON SECTION E OF THE PARISH OF CHEWTON, 180 MAIN ROAD, CHEWTON. 24 ECO 33 PLANNING PERMIT APPLICATION 184/2017- CONSTRUCTION OF A DWELLING AND CREATION OF ACCESS TO A ROAD IN A ROAD ZONE – CATEGORY 1 AT CROWN ALLOTMENT 185 ON SECTION E OF THE PARISH OF CHEWTON, 180 MAIN ROAD, CHEWTON. 28 ECO 35 PLANNING PERMIT APPLICATION 265/2017 – STAGED SUBDIVISION OF LAND INTO SEVEN LOTS AT 20 STEELE STREET, CHEWTON 35 ECO 36 PLANNING PERMIT APPLICATION 12/2018 – DEVELOPMENT AND USE OF TWO GROUP ACCOMMODATION COTTAGES AT 300 MALDON SHELBOURNE ROAD, NUGGETTY 41

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ECO 37 AWARDING OF CONTRACT M1363-2018 FOR OPERATION AND MANAGEMENT OF OUTDOOR AQUATIC CENTRES FOR THE PERIOD 1 NOVEMBER 2018 TO 30 JUNE 2021 46 ECO 38 REVISED RATE CHARGES 47 ECO 39 ANNUAL PLAN 2017/2018 – QUARTER 4 PROGRESS REPORT 48

10. DELEGATES REPORTS 48

11. NOTICE OF MOTION 48

12. CEO AND MAYOR REPORT 48

13. URGENT SPECIAL BUSINESS 48

14. CONFIDENTIAL REPORT 49

15. 49

MOVED COUNCILLOR CORDY 49

THAT THE MEETING BE CLOSED TO THE PUBLIC WHILE THIS CONFIDENTIAL MATTER IS ADDRESSED. 49

SECONDED COUNCILLOR HENDERSON 49

CARRIED – MEETING CLOSED AT 9.00PM. THE PUBLIC, INCLUDING COUNCIL OFFICERS VACATED THE COUNCIL CHAMBERS. 49

16. MEETING CLOSED AT 9.17PM 49

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ACKNOWLEDGEMENT OF COUNTRY

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

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

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

1. PRESENT

Councillors Bronwen Machin, Tony Cordy, Stephen Gardner, Max Lesser, Christine Henderson.

1.1. COUNCIL OFFICERS

CEO Darren Fuzzard, Acting Director Sustainable Development Ben Grounds, Manager Development Services Shannon Meadows, Director Corporate and Community Services Lisa Knight, Executive Manager Organisational Capability Jude Holt, Principal Governance Officer John Taylor

2. APOLOGIES

Councillors Nieman and Petrusma.

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

Councillor Gardner re ECO 36 – knows and has discussed with the applicant.

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 17 JULY 2018

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 6.30 pm on 17 July 2018 at the Mount Alexander Shire Civic Centre have been circulated to Councillors.

The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 17 July 2018 be confirmed.

Councillor Henderson moved that the record of assembly for 7 August 2018 is amended to note that Councillor Gardner had declared a conflict of interest in relation to planning permit 12/2018, for an application to build group accommodation cottages in Nuggetty and absented himself from Council Chambers during the discussion of that item. Seconded Cr Cordy. Moved.

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SUSPEND STANDING ORDERS FOR THE PURPOSE OF PUBLIC QUESTION TIME

MOVED COUNCILLOR HENDERSON

SECONDED COUNCILLOR CORDY

That standing orders be suspended until 7.05pm.

CARRIED

5. PUBLIC QUESTION TIME

The Mayor would like to acknowledge the achievements of Kian Brownfield (KIAN), a 16 year old Castlemaine Secondary College student, who on 15 August 2018, won the 2018 Triple J Unearthed High competition for his single, ‘Waiting’.

KIAN, was selected from five finalists. He now has the opportunity to professionally record, mix or master his music, which will be played by Triple J and Triple J Unearthed, as well as receiving musical mentorship.

KIAN is scheduled to perform at Castlemaine’s Theatre Royal on 25 August 2018 and will perform at the Bigsound Festival in Brisbane in September.

The Mayor made a presentation to Kian.

SPEAKERS

RE : MAIN ROAD CHEWTON APPLICATIONS

1. Richard Yates

Spoke opposing the applications for planning permission for Main Road, Chewton.

2. Elizabeth Crompton

Spoke in opposition to Main Road, Chewton developments.

3. Tamzin

Spoke in support of planning applications.

4. Christine Kennedy

Spoke in support of development.

5. Pat Healy

Spoke in support of applications at Main Road, Chewton

6. Diane Hickey

Lives over the road from the proposal. Opposes the planning application.

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7. Ben Klimeck

Opposes planning proposal. Has lived in Chewton all his life.

8. Erica

Spoke in opposition to the proposal.

9. Kate Jones

Spoke in support of proposal.

10. Daria Healy-Aarons

Applicant – spoke in support of proposals.

STANDING ORDERS FURTHER SUSPENDED


SECONDED COUNCILLOR LESSER

That Standing Orders be suspended until 7.35pm

CARRIED

SPEAKERS

RE : STEELE STREET SUBDIVISION

11. Damian Credich

Agent for applicant – spoke in support of application for the Steel Street subdivision. Asked that Council remove the VicRoads condition from permit.

RE : NUGGETTY PROPOSAL

Councillor Gardner absented himself because of a conflict of interest.

12. Greg Sweeting

Spoke opposing the proposal – asked if any other buildings were proposed. Mr Grounds said that there were no other applications before Council.

13. Margaret McKnight

Asked if the farming zone had changed. Mr Grounds said that this was an application for short term accommodation. Ms McKnight spoke against the proposal.

14. Betty Taylor

Asked a question about the driveway entrance and the danger for traffic.

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15. Harry Feros

Spoke against the proposal particularly on the seven day restriction.

16. Barry McKnight

Spoke against proposal particularly the risk of fire.

17. Ian Vetnor

Asked a question about group accommodation. Spoke against the proposal.

18. Brett Pressley

Applicant - spoke in support of application.

RE : OTHER ISSUES

19. Chris Hoskings

Spoke on petition re Morrissey Reserve.

STANDING ORDERS FURTHER SUSPENDED

MOVED COUNCILLOR LESSER


That Standing Orders be suspended for a further five minutes.

CARRIED

20. Sharon Fraser

Spoke on the Newstead Pool tender.

STANDING ORDERS FURTHER SUSPENDED FOR AN ADDITIONAL FIVE MINUTES

MOVED COUNCILLOR LESSER


CARRIED

21. Alma Dawe

Looked up tender on ASIC website. Raised concerns about the tenderer for the swimming pools.

22. Andrea Presser

Spoke on the need for Harcourt premises for a preschool.

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23. Janet Tough

Provided a letter seeking Council’s support for the erection of a memorial for Cherished Mother and Child.

Councillor Machin acknowledged the proposal.

Action: Council officers to provide advice to Ms Tough on her proposal.

MOTION TO RESUME STANDING ORDERS



Standing Orders resumed at 7.45pm.

6. PETITIONS AND JOINT LETTERS

6.1. RANTERS GULLY ROAD, MUCKLEFORD

At the Ordinary Meeting of Council 17 July 2018, Council was presented with a petition containing eight signatures from residents of Ranters Gully Road, Muckleford requesting the speed limit on Ranters Gully Road be reduced from 100km to 80km.

RECOMMENDATION:

That Council receive a report on this petition, being Item PLA 10 of this Agenda.

PROPOSED BY CR HENDERSON THAT PETITION BE RECEIVED

SECONDED CR LESSER

CARRIED

6.2. DUKE STREET, CASTLEMAINE - PEDESTRIAN CONCERNS

Council has received a petition on 30 July 2018 from residents of Duke Street, Castlemaine with six signatures requesting that the state of footpaths and nature strips along Duke Street and surrounding streets be addressed.

RECOMMENDATION:

That Council receive a report on this petition at the next Ordinary Meeting of Council on 18 September 2018.

PROPOSED BY CR HENDERON AND SECONDED CR LESSER

CARRIED

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7. COMMITTEE REPORTS

7.1. AUDIT AND RISK ADVISORY COMMITTEE

The unconfirmed Minutes of the Audit and Risk Advisory Committee meeting held on 14 June 2018 are at Attachment 7.1A. MOTION That the Audit and Risk Committee meeting minutes of 14 June 2018 be accepted. MOVED COUNCILLOR CORDY SECONDED COUNCILLOR LESSER CARRIED

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Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 21 August 2018 Page 15 of 49

8. ASSEMBLIES OF COUNCILLORS

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

Executive Summary

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

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

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

delegated to a person or committee.

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

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

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

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

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

RECOMMENDATION

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

MOVED COUNCILLOR GARNDER

Noting that he had declared a conflict of interest in relation to planning permit 12/2018, an application to build group accommodation cottages in Nuggetty and absented himself from Council Chambers during the discussion of that item.


CARRIED


ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR BRIEFING SESSION

ASSEMBLY DETAILS

Date: 10 July 2018

Time 2.00 pm to 4.45 pm

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

ATTENDANCE

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

Officers: Chief Executive Officer (Darren Fuzzard), Acting Director Corporate and Community Services (Jill Barham), Director Sustainable Development (Ben Grounds), Principal Governance Officer (John Taylor), Manager Community Partnerships (Gaynor Atkin, Item 5.1), Acting Manager Community Places and Spaces (Jacqui Phiddian, Items 5.2 -5.3), Grants and Project Officer (Karen Evennett, Item 5.2), Active Communities Officer (Tamara Fawcett, Item 5.3) and Executive Manager Business Performance (Bradley Thomas, Item 5.5).

Visitors: Jeni Foster, President, Friends of Lolotoe Inc. Brian Sertori, Representative, Friends of Lolotoe Inc.

Apologies: Nil.

MATTERS DISCUSSED

1. The Friends of Lolotoe Group - Timor Leste Friendship Group. 2. Grants Update. 3. 2017/2018 Pool Season Report. 4. North Central Goldfields Regional Library Service and Funding Agreement 2019 –

2023. 5. Contracts within Chief Executive Officer Delegation. 6. Proposed Baringhup Solar Farm. 7. Disabled Car Parking. 8. Mount Tarrengower Hill Climb. 9. Community Grants. 10. Infrastructure around Chewton Primary School. 11. Potential Presentations from Community Groups. 12. Long Term Financial Plan and Farm Rates.

CONFLICT OF INTEREST DISCLOSURES


Matter No.

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

N/A N/A N/A

ASSEMBLY OF COUNCILLORS RECORD COUNCILLOR BRIEFING SESSION

ASSEMBLY DETAILS

Date: 10 July 2018


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

ATTENDANCE


Officers: Chief Executive Officer (Darren Fuzzard).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. CCTV. 2. Working together. 3. Staff update. 4. Enforcement. 5. Planning process and Councillor Involvement. 6. IT matters.


Matter No.


N/A N/A N/A


ASSEMBLY OF COUNCILLORS RECORD NAME OF MEETING

ASSEMBLY DETAILS

Date: 17 July 2018


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

ATTENDANCE


Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Acting Director Sustainable Development (Ben Grounds) and Principal Governance Officer (John Taylor).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Designation of a new Neighbourhood Safer Place – Bushfire Place of Last Resort at the Harcourt Valley Primary School Basketball Stadium.

2. Awarding of Contract M1354-2018 for Hire of Plant and Equipment and Associated Services for the period 1 August 2018 to 31 July 2020.

3. Adoption of the Annual Plan 2018/2019


Matter No.


N/A N/A N/A


ASSEMBLY DETAILS


Date: 24 July 2018



ATTENDANCE

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

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Acting Director Sustainable Development (Ben Grounds), Principal Governance Officer (John Taylor), Executive Manager Business Performance (Bradley Thomas, Item 5.1), Coordinator Parks and Gardens (Stewart Campbell, Item 5.2), Coordinator Strategic Planning (Dominique Trickey, Item 5.3 and 5.4), Heritage and Urban Design Officer (Lisa Merkesteyn, Item 5.4) and Executive Manager Infrastructure (Tanya Goddard, Item 5.5).

Visitors: Nil.

Apologies: Nil.

MATTERS DISCUSSED

1. Revised Rates and Valuations. 2. Streetscape Plans and Design Standard – Castlemaine. 3. Lascorp Proposal – Acquisition of Department of Education Land, 2B Duke Street,

Castlemaine. 4. Maldon Design Guidelines Review 2018/2019. 5. Review of the Road Management Plan. 6. Kangaroos and Trees on Roadsides. 7. Council Rates in the Media. 8. Newstead Levees. 9. Newstead Rotunda Park. 10. Funding for Road Resealing. 11. Media Engagements. 12. Response to Storm Event. 13. Neighbourhood Safer Place in Harcourt. 14. Community Sports Infrastructure Loans Scheme.


Matter No.


N/A N/A N/A



ASSEMBLY DETAILS

Date: 7 August 2018



ATTENDANCE

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

Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and Community Services (Lisa Knight), Acting Director Sustainable Development (Ben Grounds), Principal Governance Officer (John Taylor), Coordinator Statutory Planning (Louise Johnston, Item 5.1-5.5), Acting Manager Community Place and Spaces (Jacqui Phiddian, Item 5.6), Active Communities Officer (Tamara Fawcett, Item 5.6), Acting Executive Manager Organisational Capability (Kevin Pittman, Item 5.7) and Coordinator Parks and Gardens (Stewart Campbell, Item 5.8).

Visitors: Nil.

Apologies: Councillor David Petrusma.

MATTERS DISCUSSED

1. Planning Permit Application 183/2017- Construction of a Dwelling and Creation of Access to a Road in a Road Zone – Category 1 at Crown Allotment 184 on Section E of the Parish of Chewton, 180 Main Road, Chewton.

2. Planning Permit Application 184/2017- Construction of a Dwelling and Creation of Access to a Road in a Road Zone – Category 1 at Crown Allotment 185 on Section E of the Parish of Chewton, 180 Main Road, Chewton.

3. Planning Permit Application 185/2017 - Development of a Dwelling and New Road Opening within RZ1 174 Main Road, Chewton.

4. Planning Permit Application 265/2017 – Staged Subdivision of Land into Seven Lots at 20 Steele Street, Chewton.

5. Planning Permit Application 12/2018 – Development and Use of Two Group Accommodation Cottages at 300 Maldon Shelbourne Road, Nuggetty.

6. Tender Assessment - M1363-2018 Operation and Management of Outdoor Aquatic Centres.

7. Policies Project. 8. Maldon Streetscape Plans and Design Standard. 9. Newstead Streetscape Design project. 10. Streetscapes across the Shire.


11. Interim Waste Management. 12. Solar Farm Issues.


Matter No.


N/A N/A N/A

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9. OFFICER REPORTS

9.1. OUR PEOPLE (PEO)

Nil reports

9.2. OUR PLACE (PLA)

PLA 10 REDUCE SPEED LIMIT ON RANTERS GULLY ROAD FROM 100KM TO 80KM

Responsible Director: Acting Director Sustainable Development Responsible Officer: Executive Manager Infrastructure Original Document: DOC/18/30239

Executive Summary

Council received a petition at the Ordinary Meeting of Council 18 July 2018 containing 8 signatures from residents of Ranters Gully Road, Muckleford requesting the speed limit on Ranters Gully Road be reduced from 100km to 80km.

Officers will assess the speed limit on Ranters Gully Road against established criteria, and if eligible for a lower speed limit along any section, request approval from VicRoads to lower the speed limit.

RECOMMENDATION

MOVED AS REPORTED by Cr Henderson with an additional recommendation 3:

That Council:

1. Request officers to undertake an assessment of the proposed speed limit changes in accordance with the Australian Standards and VicRoads eligibility criteria; and

2. Submit a report to VicRoads advocating for a speed limit reduction, if the section of road in question meets the aforementioned eligibility criteria.


3. Councillors and residents be advised of next steps in relation to Ranters Gully.

SECONDED CR CORDY

CARRIED

Context

VicRoads is the regulatory authority for speed limits State-Wide. As Road Managers, Council can use the VicRoads speed limit assessment tool to determine the eligibility of proposed speed changes against Australian Standards and VicRoads criteria. Council can then recommend changes based on the findings of the assessment. VicRoads is ultimately the authority that approves speed changes based on the Road Managers request.

Officers will assess the speed limit on Ranters Gully Road against established criteria, and if eligible for a lower speed limit along any section, request approval from VicRoads to lower the speed limit.

Once an outcome has been reached, the residents of Ranters Gully Road will be informed.

Refer to:

Confidential Attachment PLA 10A: Request from residents to reduce the speed Limit on Ranters Gully Road - Signed by Residents - July 2018.

Policy and Statutory Implications

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

1. Petitions and Joint Letters

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

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

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

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

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


Statutory powers and implications

VicRoads is the regulatory authority for speed limits State-Wide. As Road Managers, Council can use the VicRoads speed limit assessment tool to determine the eligibility of proposed speed changes against Australian Standards and VicRoads criteria. Council can then recommend changes based on the findings of the assessment. VicRoads is ultimately the authority that approves speed changes based on the Road Managers request.

Consultation

Council has written to the first signatory with regards Council responding to the petition.

PLA 11 RESPONSE TO PETITION - REQUEST FOR COUNCIL TO IMPROVE AMENITIES IN MORRISSEY RESERVE (ALSO KNOWN AS WEST END PLAYGROUND

Responsible Director: Acting Director Sustainable Development Responsible Officer: Executive Manager Infrastructure Original Document: DOC/18/27346

Executive Summary

Council received a petition from the View Street Public Hall Committee Inc. at the Ordinary Meeting of Council 26 June 2018, signed by 85 residents, predominately from the area close to Morrissey Reserve. The petition requests investment to upgrade Morrissey Reserve’s play space amenities.

Council’s Let’s Play – Investing in Play 2014-2024 play space strategy guides with principles and hierarchy the prioritisation of play space developments and upgrades.

Morrissey Reserve is a local level play space for which there are no plans for upgrade. Residents served by the Morrissey Reserve play space are also able to enjoy higher level play spaces at the Botanical Gardens, and Victory Park, in close proximity. A number of district level play spaces are a higher priority for upgrades.

RECOMMENDATION

MOVED BY CR HENDERSON

That Council:

1. Note that officers will work with the organisers of the petition to understand and explore the requested improvements in the context of Council’s strategies and plans;

2. Consult with the signatories ofo the petition about any subsequently identified changes or improvements to the Morrissey Reserve and West End playground;

3. Provide a further report to Council for consideration by the end of 2018; and

4. Write to the first signatory of the petition to inform them of this resolution.


SECONDED CR LESSER

CARRIED

_____________________________________________________________________________ OUR ECONOMY (ECO)

ECO 32 PLANNING PERMIT APPLICATION 183/2017- CONSTRUCTION OF A DWELLING AND CREATION OF ACCESS TO A ROAD IN A ROAD ZONE – CATEGORY 1 AT CROWN ALLOTMENT 184 ON SECTION E OF THE PARISH OF CHEWTON, 180 MAIN ROAD, CHEWTON.

Responsible Director: Director Sustainable Development Responsible Officer: Manager Development Services Original Document: DOC/18/29029

Executive Summary

Council has received an application for a new dwelling and associated access to a category 1 road zone (Pyrenees Highway) at Crown Allotment 184 on Section E of the Parish of Chewton, 180 Main Road, Chewton. The land is located within the Township Zone (TZ) and is covered by both the Bushfire Management Overlay (BMO) and Design and Development Overlay Schedule 11 – Pyrenees Highway, Chewton (DDO11). The triggers for the planning permit are both the BMO and DDO11.

Two objections have been received and not withdrawn. Issues raised include heritage concerns, property values in the area, materials and design aesthetic concerns, traffic and noise concerns, and concerns regarding potential future further development. In response to concerns raised by both objectors and Council officers, the applicant submitted an amended design, to include an individual design which better responds to the street and the requirements of the Design and Development Overlay.

The application has been assessed against the objectives and decision guidelines of the Design and Development Overlay and the Bushfire Management Overlay and the application is considered an acceptable design response at this location.

It is recommended that the application be approved.

RECOMMENDATION

MOTION by CR HENDERSON AS PRINTED

SECONDED CR CORDY

ALL IN FAVOUR - CARRIED

That Council issue a Notice of Decision to Grant a Planning Permit for the development of a dwelling at CA 184 on Section E of the Parish of Chewton, 174-182 Main Road, Chewton subject to the following conditions:

1. BUILDINGS AND WORKS 1.1. The development as shown on the endorsed plans must not be altered

without the written consent of the responsible authority. All buildings and works must be constructed and or undertaken in accordance with the endorsed plans to the satisfaction of the responsible authority prior to the


commencement of the use. All buildings and works must be located clear of any easements unless written approval is provided by the relevant authority.

2. NO LAYOUT ALTERATION 2.1. The development allowed by this permit as shown on the endorsed plan(s)

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

3. INFRASTRUCTURE Drainage

3.1. The whole of the subject land, including landscaped and paved areas, must be graded and drained to the satisfaction of the council as the responsible drainage authority so as to prevent the discharge of water from the subject land across any road or onto any adjoining land.

3.2. The site stormwater discharge is not increased by the proposed developments. The drainage system shall include provision of storm water retention system to limit flows downstream from the development to pre-development levels in accordance with the current Australian rainfall and Runoff – Flood Analysis and Design for a 5 year annual recurrence interval (IDM design standards - Section 19.3 Requirements).

3.3. Provide cut off drains or similar to protect adjoining properties from overland storm water flow. Provision is to be made to divert major rainfall (1 in 100 year) storm events away from the building envelopes of lots within this and adjoining subdivisions.

3.4. The developer must formalise/tidy-up the open drain at property frontages, to the satisfaction of the Responsible Authority.

3.5. Prior to the design of any internal drainage system the owner/applicant must submit a Property Information Request and be issued a Legal Point of Discharge Permit to discharge stormwater. Infrastructure Status

3.6. All existing road reservation assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance Sediment pollution Control

3.7. The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).

4. COMPLETION OF LANDSCAPING 4.1. Before the occupation of the development starts or by such later date as is

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


5. LANDSCAPING MAINTENANCE 5.1. The landscaping shown on the endorsed plans must be maintained to the

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

6. CFA 6.1. Bushfire Management Plan

The submitted Bushfire Management Plan No. BMP 1834- 184 dated 21 October 2016 prepared by Keystone Alliance must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.

7. VICROADS 7.1. All vehicular access to / from the subject land from / to the Pyrenees

highway (main road) must be: a) Via a joint access with an adjoining property; and b) Must be in a forwards direction.

7.2. Prior to commencement of any work on the subject land, a functional layout plan for the proposed development must be completed to the satisfaction of VicRoads by a VicRoads pre-qualified consultant showing the following (but not limited to): a) All proposed joint accesses; and b) The swept path analysis of a b85 design vehicle (plus the 0.3 metre

clearances) entering and exiting the subject land in a forwards direction. 7.3. Prior to the development coming into use (e.g. the issue of any certificate of

occupancy) all proposed joint crossovers must be sealed and works must be in accordance with VicRoads standard drawing SD 2066.

7.4. Driveways must be maintained in a fit and proper state so as not to compromise the ability of vehicles to enter and exit the site in a safe manner or compromise operational efficiency of the road or public safety (eg. By spilling gravel onto the roadway).

8. DELWP CONDITIONS 8.1. Access and Encroachment

No access is permitted to the subject land via the Crown land. 8.2. Adjoining Crown land must not be used for truck turning areas, entry points,

parking areas or temporary stack sites during the construction of buildings or works.

8.3. No polluted and/or sediment laden run-off is to be discharged directly or indirectly into the adjoining Crown land. Overland flows must be maintained at the same rate post-development as on the undeveloped land.

8.4. Fencing Prior to work commencing, the shared boundary with Crown land must be fenced to the satisfaction of the responsible authority and the Department of Environment, Land, Water & Planning in accordance with the Fences Act 1968 and at the applicant’s expense. Fencing must be: • Erected on the surveyed boundaries of the land;


• At least 1.2 metres in height; • Stock and domestic pet proof; • Without gates or openings on to adjoining Crown land.

9. EXPIRY This permit will expire if the permitted development is not started within two years of the date of this permit, or is not completed within four years of that date. The responsible authority may extend these periods if a request is made in writing before the permit expires, or: • Within six months afterwards if the development has not been started. • Within twelve months afterwards if the development started lawfully

before the permit expired.

DELWP PERMIT NOTES:

The adjoining Crown land is not to be used for access, storage of materials or rubbish. Any private use of Crown land requires consent and/or licensing from the Department of Environment, Land, Water and Planning.

The adjoining Crown land may revegetate overtime, as such considerations should be given to undertaking annual fire prevention works on the freehold land to reduce the risk posed by bushfire.

VICROADS PERMIT NOTES

Standard Drawing SD2066 can be found using the following link:

https://www.vicroads.vic.gov.au/~/media/files/technical-documents-new/standard-drawings-for-roadworks-access-and-stopping-bays/standard-drawing-2066--typical-rural-driveway-access-to-residential-properties--type-c.pdf

No work must be commenced in, on, under or over the road reserve without having first obtaining all necessary approval under the Road Management Act 2004, the Road Safety Act 1986, and any other relevant acts or regulations created under those Acts.

The discharge of any concentrated drainage onto the Pyrenees Highway (Main Road) road reserve is not permitted unless approved in writing by VicRoads.

Cr Henderson and Cr Lesser spoke to proposals.

https://www.vicroads.vic.gov.au/%7E/media/files/technical-documents-new/standard-drawings-for-roadworks-access-and-stopping-bays/standard-drawing-2066--typical-rural-driveway-access-to-residential-properties--type-c.pdf




ECO 33 PLANNING PERMIT APPLICATION 184/2017- CONSTRUCTION OF A DWELLING AND CREATION OF ACCESS TO A ROAD IN A ROAD ZONE – CATEGORY 1 AT CROWN ALLOTMENT 185 ON SECTION E OF THE PARISH OF CHEWTON, 180 MAIN ROAD, CHEWTON.

Responsible Director: Acting Director Sustainable Development Responsible Officer: Manager Development Services Original Document: DOC/18/29020

Executive Summary

Council has received an application for a new dwelling and associated access to a category 1 road zone (Pyrenees Highway) at Crown Allotment 185 on Section E of the Parish of Chewton, 180 Main Road, Chewton. The land is located within the Township Zone (TZ) and is covered by both the Bushfire Management Overlay (BMO) and Design and Development Overlay Schedule 11 – Pyrenees Highway, Chewton (DDO11). The triggers for the planning permit are both the BMO and DDO11.

Fifty two objections have been received and only one was withdrawn, leaving fifty one current objections. Issues raised include heritage concerns, materials and design aesthetic concerns, traffic and noise concerns, and concerns regarding potential future further development. In response to concerns raised by both objectors and Council officers, the applicant submitted an amended design, to include an individual design which better responds to the street and the requirements of the Design and Development Overlay.

The application has been assessed against the objectives and decision guidelines of the Design and Development Overlay and the Bushfire Management Overlay and the application is considered an acceptable design response at this location.

It is recommended that the application be approved.

RECOMMENDATION

MOTION - MOVED BY CR CORDY AS PER OFFICER’S RECOMMENDATION

SECONDED CR HENDERSON


That Council issue a Notice of Decision to Grant a Planning Permit for the development of a dwelling at CA 185 on Section E of the Parish of Chewton, 174-182 Main Road, Chewton subject to the following conditions:

1. BUILDINGS AND WORKS 1.1. The development as shown on the endorsed plans must not be altered

without the written consent of the responsible authority. All buildings and works must be constructed and or undertaken in accordance with the endorsed plans to the satisfaction of the responsible authority prior to the commencement of the use. All buildings and works must be located clear of any easements unless written approval is provided by the relevant authority.




3. INFRASTRUCTURE Drainage


3.2. The site stormwater discharge is not increased by the proposed developments. The drainage system shall include provision of storm water retention system to limit flows downstream from the development to pre-development levels in accordance with the current Australian rainfall and Runoff – Flood Analysis and Design for a 5 year annual recurrence interval (IDM design standards - Section 19.3 Requirements).


3.4. The developer must formalise/tidy-up the open drain at property frontages, to the satisfaction of the Responsible Authority.




4. COMPLETION OF LANDSCAPING 4.1. Before the occupation of the development starts or by such later date as is





6. CFA 6.1. Bushfire Management Plan

The submitted Bushfire Management Plan No. BMP 1834- 184 dated 21 October 2016 prepared by Keystone Alliance must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.

7. VICROADS 7.1. All vehicular access to / from the subject land from / to the Pyrenees

Highway (main road) must be: a) Via a joint access with an adjoining property; and b) Must be in a forwards direction.

7.2. 7.2 Prior to commencement of any work on the subject land, a functional layout plan for the proposed development must be completed to the satisfaction of VicRoads by a VicRoads pre-qualified consultant showing the following (but not limited to): a) All proposed joint accesses; and b) The swept path analysis of a b85 design vehicle (plus the 0.3 metre


occupancy) all proposed joint crossovers must be sealed and works must be in accordance with VicRoads standard drawing sd 2066.

7.4. Driveways must be maintained in a fit and proper state so as not to compromise the ability of vehicles to enter and exit the site in a safe manner or compromise operational efficiency of the road or public safety (eg. by spilling gravel onto the roadway).

9. DELWP CONDITIONS 7.5. Access and Encroachment

No access is permitted to the subject land via the Crown land. 7.6. Adjoining Crown land must not be used for truck turning areas, entry points,

parking areas or temporary stack sites during the construction of buildings or works.

7.7. No polluted and/or sediment laden run-off is to be discharged directly or indirectly into the adjoining Crown land. Overland flows must be maintained at the same rate post-development as on the undeveloped land.

7.8. Fencing Prior to work commencing, the shared boundary with Crown land must be fenced to the satisfaction of the responsible authority and the Department of Environment, Land, Water & Planning in accordance with the Fences Act 1968 and at the applicant’s expense. Fencing must be: • Erected on the surveyed boundaries of the land; • At least 1.2 metres in height; • Stock and domestic pet proof; • Without gates or openings on to adjoining Crown land.


8. EXPIRY This permit will expire if the permitted development is not started within two years of the date of this permit, or is not completed within four years of that date. The responsible authority may extend these periods if a request is made in writing before the permit expires, or: • Within six months afterwards if the development has not been started. • Within twelve months afterwards if the development started lawfully

before the permit expired.

DELWP PERMIT NOTES:



VICROADS PERMIT NOTES





ECO 34 PLANNING PERMIT APPLICATION 185/2017 - DEVELOPMENT OF A

DWELLING AND NEW ROAD OPENING WITHIN RZ1 174 MAIN ROAD, CHEWTON

Responsible Director: Acting Director Sustainable Development Responsible Officer: Manager Development Services Original Document: DOC/18/15270

Executive Summary

Council has received an application for a dwelling at 174 Main Road, Chewton. The land is located within the Township Zone (TZ) and is affected by Bushfire Management Overlay (BMO) & Design and Development Overlay – Schedule 11 (DDO11). The trigger for the planning permit is the overlays affecting the land.





The application has been assessed against the two overlays. The design is considered to be an appropriate design at this location when assessed against the Design and Development Overlay. Two objections have been received to the application.

It is recommended that a Notice of Decision to grant a planning permit be issued subject to conditions.

RECOMMENDATION

MOVED - CR CORDY AS PER OFFICER’S RECOMMENDATION

SECONDED CR LESSER


That Council issue a Notice of Decision to Grant a Planning Permit for the development of a dwelling and new road opening on Road Zone 1 at Crown Allotments 187 & 188, Section E, Parish of Chewton and land known as 174 Main Road, Chewton subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. the plans must be generally in accordance with the plans submitted with the application but modified to show: a) Replacement of the Zincalume roof material to non-reflective material to

the satisfaction of the Responsible Authority. b) Redesign of the landscaping at the front of the site to ensure access

accords with Vic Roads requirements.



3. ENGINEERING Engineering Plans

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



3.3. The site stormwater discharge is not increased by the proposed developments. The drainage system shall include provision of storm water retention system to limit flows downstream from the development to pre-development levels in accordance with the current Australian rainfall and Runoff – Flood Analysis and Design for a 5 year annual recurrence interval ( IDM Design standards - Section 19.3 Requirements)


3.5. The Developer must formalise/tidied-up the open drain at property frontages, to the satisfaction of the responsible authority.

3.6. Provide an appropriately sized drainage easement (minimum 3m) for Lot 188 matching the capacity of the flow from the upstream catchment area.

3.7. The proposed swale drain through Lot 188 needs to be designed to cater for the maximum flow from the upstream catchment and an appropriate erosion treatment is required for the outlet.




3.11. The developer must ensure that all site works conducted during any stages of the proposed development is minimises any erosion damages to the surrounding public and private property and assets.

3.12. The developer is required to re-instate any erosion damage or sediment build-ups caused by the proposed works to any residential or public assets. Consent for constructions

3.13. Council is to be paid a fee of 0.75% of the total construction costs for these works for the approval of said plans plus 2.5% for supervision of construction. Said fees to be paid prior to commencement of any road/ drainage works. Estimate for the works are to be prepared and submitted to Council.

3.14. Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and be issued a permit to occupy the road for works.

4. DELWP Access and Encroachment

4.1. No access is permitted to the subject land via the Crown land.


4.2. Adjoining Crown land must not be used for truck turning areas, entry points, parking areas or temporary stack sites during the construction of buildings or works.

4.3. No polluted and/or sediment laden run-off is to be discharged directly or indirectly into the adjoining Crown land. Overland flows must be maintained at the same rate post-development as on the undeveloped land. Fencing

4.4. Prior to work commencing, the shared boundary with Crown land must be fenced to the satisfaction of the responsible authority and the Department of Environment, Land, Water & Planning in accordance with the Fences Act 1968 and at the applicant’s expense. Fencing must be: • Erected on the surveyed boundaries of the land; • At least 1.2 metres in height; • Stock and domestic pet proof; • Without gates or openings on to adjoining Crown land.

5. CFA Bushfire Management Plan

5.1. The submitted Bushfire Management Plan No. BMP 1834- 187 dated April 2018 prepared by Keystone Alliance must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.

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

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

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

8. VIC ROADS 8.1. All vehicular access to / from the subject land from / to the Pyrenees

Highway (Main Road) must be: a) via a joint access with an adjoining property and b) Must be in a forwards direction.

8.2. Prior to commencement of any work on the subject land, a functional layout plan for the proposed development must be completed to the satisfaction of VicRoads by a VicRoads pre-qualified consultant showing the following (but not limited to):


8.3. All proposed accesses; and 8.4. The swept path analysis of a B85 design vehicle (plus the 0.3 metre


occupancy) all proposed crossovers must be sealed and works must be in accordance with VicRoads Standard Drawing SD 2066.

PERMIT NOTES:



NOTES:





9. EXPIRY This permit will expire if the permitted development is not started within two years of the date of this permit, or is not completed within four years of that date.

The responsible authority may extend these periods if a request is made in writing before the permit expires, or:

• Within six months afterwards if the development has not been started. • Within twelve months afterwards if the development started lawfully

before the permit expired

ECO 35 PLANNING PERMIT APPLICATION 265/2017 – STAGED SUBDIVISION OF LAND INTO SEVEN LOTS AT 20 STEELE STREET, CHEWTON



Executive Summary

Council has received an application for staged subdivision of land into seven lots at 20 Steele Street, Chewton. The site is located within the Township Zone (TZ) and is covered by the Heritage Overlay (Schedule HO920), and the Bushfire Management Overlay.

Seven objections have been received to the application.

The existing area is made up of a variety of smaller and similar size lots and the density increase has been afforded by the recent provision of sewerage to Chewton. The proposed subdivision would allow for an increased diversity of housing for the area. The first stage will create a lot for the existing house, vacant Lot 1 and the remainder of land to proceed under stage two which will include Lots 3 - 7.

The proposed subdivision supports the objectives and outcomes of infill development as stated in the State and Local policies of the Mount Alexander Planning Scheme.

It is recommended that a Notice of Decision be granted subject to conditions.

RECOMMENDATION MOTION CR GARDNER AS PRINTED WITH THE EXCEPTION OF THE VICROADS RECOMMENDATION 20. SECONDED CR CORDY ALL IN FAVOUR - CARRIED That Council issue a Notice of Decision to Grant a Permit for the staged subdivision of land into seven lots at 20 Steele Street, Chewton subject to the following conditions:

1. FORMAL PLAN OF SUBDIVISION 1.1. The formal plan of subdivision lodged for certification must be in

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

2. LAYOUT PLAN 2.1. The subdivision, as shown on the endorsed plan(s), must not be altered

without the prior written consent of the Responsible Authority.

3. TELECOMMUNICATIONS 3.1. The owner of the land must enter into an agreement with:

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

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant


can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

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

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

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

4. PUBLIC OPEN SPACE CONTRIBUTION 4.1. Prior to the issue of Statement of Compliance, a monetary contribution of an

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

5. VALUATION EXPENSES 5.1. The applicant or owner must pay on demand to Council, the Council’s

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

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

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

7. ROADS / INTERNAL DRIVEWAY 7.1. The intersection of Steele Street and Main Road must be upgraded to allow

simultaneous entry and exist movements 7.2. The internal driveway access shall be constructed to appropriate

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

8. DRAINAGE 8.1. The whole of the subject land, including landscaped and paved areas, must

be graded and drained to the satisfaction of the council as the responsible drainage authority so as to prevent the discharge of water from the subject land across any road or onto any adjoining land.

8.2. The site stormwater discharge is not increased by the proposed developments. The drainage system shall include provision of storm water


retention system to limit flows downstream from the development to pre-development levels in accordance with the current Australian rainfall and Runoff – Flood Analysis and Design for a 5 year annual recurrence interval (IDM Design standards - Section 19.3 Requirements).


8.4. Prior to the design of any internal drainage system the owner/applicant must submit a Property Information Request and be issued a Legal Point of Discharge Permit to discharge stormwater.

8.5. The Developer must formalise/tidy up the open drain and upgrade drainage infrastructure along Steele Street from the Southern Boundary of the proposed Lot 7 up to and including the Intersection of Steele Street and Pyrenees Highway.

8.6. All non-compliant crossovers located within the aforementioned section of Steele Street needs to be upgraded to council satisfaction to limit erosion damages to the unsealed Steele Street.

8.7. In designing this drainage system the applicant may also consider incorporating aspects from Guidelines for Water Sensitive Urban Design (WSUD).

9. EASEMENTS 9.1. All existing and proposed easements and sites for existing and required

utility services must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

9.2. Provide a drainage easement in favour of lots 4-7. 9.3. A minimum 2m wide proposed drainage easement needs to be created along

the Northern boundary of proposed Lot-1 in favour of No.30 Steele Street, Chewton.

10. EROSION AND SEDIMENT CONTROL (ESC) 10.1. The submitted detailed engineering plans during all stages of the

development must include an Erosion and Sediment Control measure that meets the Council’s satisfaction.

10.2. The developer must ensure that all site works conducted during any stages of the proposed development, will need to comply with the Council approved ESC.

10.3. The developer is required to re-instate any erosion damage or sediment build-ups caused by the proposed works to any residential or public assets.

11. VEHICLE CROSSOVERS 11.1. Proposed and existing vehicle crossovers are to be constructed to the

levels/requirements of council. No impending or redirection of existing surface flow is allows to occur as a result of these works. Council’s minimum standards are: • 3.5 metre wide


• With appropriately sized reinforced concrete pipes (minimum 375 millimetres) 4.8 metre long centred on the crossover matching the capacity of the open drain.

• Culvert end-walls to all culvert ends • Crossings must be positioned keeping a minimum of 3 metre clearance

from the council trees and 1 metre clearance from any poles located at the property frontages.

• Where two crossovers are in close proximity, pipes are to be extended through to create one wide crossover servicing both properties.

12. INFRASTRUCTURE STATUS 12.1. All existing road reservation assets are to be protected and maintained

throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance.

13. SEDIMENT POLLUTION CONTROL 13.1. The developer must restrict sediment discharges from any construction

sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995)

14. CONSENT FOR CONSTRUCTIONS 14.1. Council is to be paid a fee of 0.75% of the total construction costs for these

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


15. STATEMENT OF COMPLIANCE 15.1. Prior to issue of a statement of compliance for the subdivision, drainage,

road, and driveway works must be completed to satisfaction of council in accordance with the approved plans.

16. REMOVAL OR TRIMMING OF ROAD RESERVE TREES. 16.1. If the applicant / property owner require removing or trimming of trees in the

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


17. COLIBAN WATER 17.1. The owner is required to provide reticulated water and sewerage services to

each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets. Services are to be provided in accordance with our specifications

17.2. A new 100 millimetre water mains extension will be required for lots 4-7. 17.3. The existing wastewater system (septic) must be decommissioned to the

satisfaction of Council’s Environment Health Department 17.4. All Coliban Water assets within the subdivision, both existing and proposed,

are to be protected by an easement in favour of Coliban Regional Water Corporation.

18. DOWNER 18.1. The plan of subdivision submitted for certification must be referred to

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

19. POWERCOR 19.1. The plan of subdivision submitted for certification under the Subdivision Act

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

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

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

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

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

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

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

20. VICROADS (REMOVED)

21. CFA Bushfire Management Plan

21.1. The Bushfire Management Plan (Drawing No: 17036-BMP01-Rev C, dated 11/6/2018) must be endorsed to form part of the permit, be included as an


annexure to the section 173 agreement and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority. Matters to be set out in Section 173 Agreement

21.2. In addition to the requirements of Clause 44.06-3 of the Mount Alexander Shire Planning Scheme, the Section 173 Agreement prepared in accordance with that clause must also specify: a) Explicitly exclude Lot 2 from the following exemption under Clause 44.06-

1 of the Mount Alexander Shire Planning Scheme: b) A building or works consistent with an agreement under section 173 of

the Act prepared in accordance with a condition of permit issued under the requirements of clause 44.06-3.

22. EXPIRY OF PERMIT SUBDIVISION

22.1 This permit will expire if one of the following circumstances applies:

a) The plan of subdivision for the first stage of the subdivision is not certified within two years from the date of the permit.

b) The plan of subdivision for each subsequent stage is not certified within 2 years of certification of the previous stage.

c) The registration of the plan of subdivision for each stage is not completed within 5 years of certification of that stage.

If the plan of subdivision for each stage is not certified within the specified time in this permit, the responsible authority may extend the time for certification if a request is made in writing prior to expiry of the permit or within 6 months after the expiry date.

ECO 36 PLANNING PERMIT APPLICATION 12/2018 – DEVELOPMENT AND USE OF TWO GROUP ACCOMMODATION COTTAGES AT 300 MALDON SHELBOURNE ROAD, NUGGETTY


Executive Summary

Council has received an application for the development of two dwellings to be used for group accommodation at 300 Maldon Shelbourne Road, Nuggetty. The land is located within the Farming Zone and is not affected by any overlays. The trigger for the planning permit is the use and development of the two dwellings for group accommodation.

The proposed use and development of the land for group accommodation is considered an acceptable outcome when assessed against the objectives of the Farming Zone. The use and development will not prejudice the ability of the land and surrounding land to be used for agricultural purposes, would not be detrimental to the amenity of the area and would promote tourism which is encourage in the planning scheme.

The application has thirteen objections to the application, mainly relating to the impact of the use and development on the area.


It is recommended that a Notice of Decision to Grant a Planning Permit subject to conditions be issued.

COUNCILLOR GARDNER LEFT CHAMBER DUE TO A CONFLICT OF INTEREST.

CR LESSOR SUPPORTED MOTION AS PRINTED

CR HENDERSON SECONDED MOTION

Cr Cordy spoke against the application – re fire risks, number of dwellings proposed.

Cr Henderson asked a question about the nature of the dwellings. Mr Grounds explained the conditions about short term holiday accommodation.

VOTE 3 for, 1 opposed – CARRIED

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for the development and use of two group accommodation cottages at 300 Maldon Shelbourne Road, Nuggetty subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. the plans must be generally in accordance with the plans submitted with the application but modified to show:

1.1. Access to the proposed cottages must be via the existing driveway. 1.2. A landscape strip of not less than 1.5 metres wide and 150 metres in length

extending east from the vineyard along the south boundary. 1.3. Setbacks of the dwellings, floor levels and fencing as required by NCCMA in

condition 6 below. 1.4. Colours and materials of the dwellings that must be muted tones.

2. NO LAYOUT ALTERATION 2.1. The use and/or development permitted by this permit as shown on the

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

3. GOULBURN MURRAY WATER 3.1. All construction and ongoing activities must be in accordance with sediment

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

3.2. No buildings are to be constructed within 30 metres of any waterways (including dams on waterways) or on any drainage lines.

3.3. All wastewater from the cottages must be treated and disposed of using an approved system. The system must have a certificate of conformity issued by the Conformity Assessment Body (or equivalent approval) and be installed, operated and maintained in accordance with the relevant Australian Standard and EPA Code of Practice.


3.4. Where the following features are present in proximity to the subject land, the wastewater disposal area must be located: • At least 60 metres from any waterways and dams. • At least 24 metres from the nearest drainage line. • At least 20 metres from any bores.

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

4. ENVIRONMENTAL HEALTH OFFICER 4.1. The applicant will be required to install an all-waste on-site waste water

system. The system must be an Environment Protection Authority approved system installed, operated and maintained in accordance with the Environment Protection Authority’s current edition of the Code of Practice – Onsite wastewater management and the Australia New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.

4.2. Prior to any development the applicant shall be issued with a Permit to Install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970

4.3. Accommodation premises that accommodate more than 5 people (unless under the exclusive occupation of the occupier), or rooming houses (4 people or more) are prescribed premises and must register with Council and meet the requirements under the Public Health & Wellbeing Act 2008and Public Health &Wellbeing Regulations 2009.

4.4. If food is intended to be provided to guests staying in the accommodation (such as a breakfast hamper), registration/notification with Council is required pursuant to the Food Act 1984 prior to the commencement of business.

5. ENGINEERING Drainage



5.3. The stormwater runoff from proposed buildings and paved areas must be directed to storage tanks / reuse dams and any overflow dissipated as normal unconcentrated overland flow. Vehicle crossovers / internal driveway

5.4. Existing/proposed vehicle crossovers is to be constructed/upgraded to the satisfaction and levels /requirements of the Council. No impending or


redirection of existing surface flow is allows to occur as a result of these works. Council’s minimum standards are: • 3.5 metres wide. • With appropriately sized reinforced concrete pipes (minimum 375

millimetres) 4.8 metres long centred on the crossover matching the capacity of the open drain.

• Culvert end-walls to all culvert ends and road beaching either side of culvert.

• Crossings must be positioned keeping a minimum of 3 metre clearance from the council trees located at the property frontages.

5.5. The internal driveway access shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts. Infrastructure Status

5.6. All existing road reservation assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance. Sediment Pollution Control

5.7. The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995). Consent for constructions


6. NORTH CENTRAL MANAGEMENT AUTHORITY 6.1. All dwellings must be setback a minimum of 30 metres from the top of banks

of any waterway. 6.2. The finished floor levels of the dwellings must be constructed a minimum of

600 millimetres above the natural surface level at the site of the proposed dwellings.

6.3. The driveway to the dwellings must be constructed no higher than surrounding natural surface elevations.

6.4. Prior to the commencement of any works, an exclusion fence must be installed to delineate the required development setback from the top of bank of the waterway. No works or fill material other than the works associated with the approved landscaping and stormwater treatment plans are permitted within the exclusion zone during the construction period.

7. NEAT AND TIDY SITE 7.1. The subject land must be kept neat and tidy at all times and its appearance

must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.


8. BAFFLED LIGHTING 8.1. Outdoor lighting, where provided, must be designed, baffled and located to

the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

9. LANDSCAPE PLAN REQUIRED 9.1. Before the development starts, a landscape plan to the satisfaction of the

responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and one copy must be provided. The plan must show: a) A landscape strip of not less than 1.5 metres wide and 150 metres in

length commencing from east of the vineyard along the south boundary. b) Planting schedule of proposed screening trees within the landscape strip

as described above in 9.1(a). c) Details of surface finishes of pathways and driveways around the

dwellings. d) Management and maintenance regime. All species selected must be to the satisfaction of the Responsible Authority.

10. LANDSCAPING WORKS 10.1. Before the use of the development starts or by such later date as is




12. PETS 12.1. No dogs or cats are permitted on the land associated with the use of the

group accommodation dwellings.

13. GROUP ACCOMMODATION USE 13.1. Guests staying in the two dwellings hereby permitted for group

accommodation use are restricted to a maximum of seven days at any one time without the further consent of the Responsible Authority.

14. PERMIT EXPIRY – TIME FOR STARTING AND COMPLETION This permit will expire if the permitted development is not started within two years of the date of this permit, or is not completed within four years of that date, or the permitted use is not started within two years of the completion of the development, or is discontinued for a period of two years.

The responsible authority may extend these periods if a request is made in writing before the permit expires, or:


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

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

ECO 37 AWARDING OF CONTRACT M1363-2018 FOR OPERATION AND MANAGEMENT OF OUTDOOR AQUATIC CENTRES FOR THE PERIOD 1 NOVEMBER 2018 TO 30 JUNE 2021

Responsible Director: Acting Director Sustainable Development Responsible Officer: Acting Manager Community Places and Spaces Original Document: DOC/18/31367

Executive Summary

A tender for the Operation and Management of Outdoor Aquatic Centres was advertised for Council’s four outdoor swimming pools located in Castlemaine, Harcourt, Maldon and Newstead.

Three conforming tenders were received by the closing date of 2.00 pm on 8 June 2018.

The appointment of a tenderer will allow the four Council pools to be open to the public and operated in a safe and effective manner over the summer months for the next three years.

RECOMMENDATION AS AMENDED

CR LESSER MOVED AN AMENDED RECOMMENDATION


THE FOLLOWING AMENDED MOTION WAS CARRIED WITH NO OBJECTIONS:

That Council:

1. Award Contract M1363 - 2018 for Operation and Management of Outdoor Aquatic Centres, 1 November 2018 to 30 June 2021 to Bendigo Regional YMCA Youth Services Inc. for an initial contract price of $1,056,455 (GST exclusive);

2. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract documentation for Contract M1363 - 2018 for Operation and Management of Outdoor Aquatic Centres for an initial three year period from 1 November 2018 to 30 June 2021.

3. Defer the award of the contract for the operation and management of the Newstead outdoor aquatic centre to the September 2018 Council meeting to enable further discussion with the preferred tenderer regarding a possible partnership with the Newstead and District Swimming Pool Inc.

Cr Lesser and Cr Henderson spoke to the item.


ECO 38 REVISED RATE CHARGES

Responsible Director: Director Corporate and Community Services Responsible Officer: Executive Manager Business Performance Original Document: DOC/18/31748

Executive Summary

To seek Council endorsement to make minor amendments to the rates in the dollar for all rated properties to ensure compliance with the Victorian Government legislated rate cap.

This change is required due to amendments to the 2018 Council revaluation data. The changes are not material in nature and do not change any revenues or expenditures contained in the Annual Budget 2018-2019 adopted by Council.

RECOMMENDATION

MOTION MOVED BY CR CORDY AS PRINTED


That Council:

1. Adopts the following amended rates in the dollar for the 2018/2019 Budget:

Differential Rate Differential % 2018/2019 rate General Rate 0.003790 Farm Rate 100% 0.003790 Commercial 130% 0.004927 Land Management 80% 0.003032 Vacant Land 200% 0.007580

2. Notes that staff are raising this matter with the Victorian Valuer General as there is a potential for this situation to recur each year unless the Valuer General is able to provide more timely completion of property valuations to Council.

NO OBJECTIONS - CARRIED


ECO 39 ANNUAL PLAN 2017/2018 – QUARTER 4 PROGRESS REPORT

Responsible Director: Director Corporate and Community Services Responsible Officer: Executive Manager Business Performance Original Document: DOC/18/30732

Executive Summary

The Annual Plan 2017/2018 Quarter 4 Progress Report provides Council and the community with an update on the progress of projects included in the Annual Plan for the period ended 30 June 2018.

RECOMMENDATION

MOTION MOVED BY CR HENDERSON AS PRINTED

SECONDED CR CORDY

That Council note the Annual Plan 2017/2018 Quarter 4 Progress Report for the period ended 30 June 2018.

NO OBJECTIONS – CARRIED _____________________________________________________________________________________

10. DELEGATES REPORTS

Cr Henderson provided her delegate’s report and addressed her paper on her attendance at the MAV Regional Forum on 15 August 2018. Cr Cordy spoke on his and Cr Henderson’s attendance at the MAV State Conference.

11. NOTICE OF MOTION

Nil

12. CEO AND MAYOR REPORT

See list of functions attended.

13. URGENT SPECIAL BUSINESS

Nil


14. CONFIDENTIAL REPORT

15.

MOVED COUNCILLOR CORDY

That the meeting be closed to the public while this confidential matter is addressed.

SECONDED COUNCILLOR HENDERSON

CARRIED – meeting closed at 9.00pm. The public, including council officers vacated the Council Chambers.

The councillors then considered a confidential report on the CEO’s performance and remuneration. MOVED COUNCILLOR HENDERSON - THAT THE MEETING BE REOPENED TO THE PUBLIC. SECONDED COUNCILLOR GARDNER – CARRIED.

Meeting resumed at 9.16pm.

16. MEETING CLOSED AT 9.17PM

Documents

MINUTES OF HELD ON TUESDAY 21 AUGUST 2018 …...1 . minutes of . the ordinary meeting of council . held on . tuesday 21 august 2018 . commencing at 6.30 pm in the . council chamber,