Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
MINUTES OF ORDINARY COUNCIL MEETING HELD AT 6.30PM ON
7TH DECEMBER 2015 IN THE COUNCIL CHAMBER, WESTERN HIGHWAY COMMUNITY PRECINCT, STAWELL
PRESENT
Cr Murray Emerson (Mayor)Cr Tony DriscollCr Kevin Erwin
Cr Jason HosemansCr Karen HyslopCr Merrilee ReidCr Wayne Rice
Mrs Justine Linley, Chief Executive OfficerMr Vaughan Williams, Director Corporate Services
Mr Sanjay Manivasagasivam, Director Infrastructure and EnvironmentMr Michael Bailey, Director Economic and Community Development
AFFIRMATION
We recognise the traditional owners of the land.We are inspired by the early pioneers and by those who gave their lives for our
country.We now ask God’s blessing on our deliberations and on our commitment
to build a better lifestyle and environment.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
2
TABLE OF CONTENTS
01. APOLOGIES 302. CONFIRMATION OF MINUTES ...................................................................................303. MATTERS ARISING FROM THE MINUTES ................................................................304. PRESENTATIONS/AWARDS .......................................................................................305. PRESENTATION OF PETITIONS AND JOINT LETTERS ...........................................306. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST ...............................................................................................................................407. ASSEMBLIES OF COUNCILLORS ..............................................................................508. ITEMS BROUGHT FORWARD.....................................................................................509. CONSIDERATION OF REPORTS OF OFFICERS.......................................................6
09.01. Local Government Act Review Submission .................................................................609.02. Council Meeting Schedule 2016 ..................................................................................1009.03. Council Committees Representatives & Delegates List 2016 .................................1309.04. Lease - Stawell Leisure Complex (Fitopia) ................................................................1609.05. Lease - 87 D'Arcy Street Stawell (Grampians YMCA) .............................................1909.06. Leases - Stawell Airport ................................................................................................2309.08. Sale - 65 Sloane Street Stawell ...................................................................................3109.09. Economic Development & Planning Partnerships Report........................................3409.10. Road Discontinuance - Meagher Street Stawell........................................................4409.12. 5.2015.38.1- 151 Grampians Road, Halls Gap- Development of Three Additional Dwellings and Subdivision of Land..............................................................................................51
10. NOTICES OF MOTION OR RESCISSION .................................................................5710.1 Notice of Motion 1/2015 ....................................................................................................57
11. REPORTS FROM COUNCILLORS/COMMITTEES ...................................................5712. URGENT BUSINESS..................................................................................................57
12.1 Pomonal Landfill Site.........................................................................................................5812.2 Letter of Congratulations - Parks Victoria.......................................................................58
13. PUBLIC QUESTION TIME..........................................................................................5814. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989 ....................................................................................................58
14.1 Contract No. C9 2014/15 - Supply of Gravel (Unsealed) Pavement Material ..........59
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
3
01. APOLOGIES
Nil
02. CONFIRMATION OF MINUTES
Ordinary Meeting held on 9 November, 2015Ordinary Meeting held on 23 November, 2015
RESOLUTION
That the minutes as listed, copies of which have been circulated, be confirmed and adopted.
Moved: Cr J HosemansSeconded: Cr W Rice Carried
03. MATTERS ARISING FROM THE MINUTES
Nil
04. PRESENTATIONS/AWARDS
The Mayor acknowledged the following staff for years of service to the Northern Grampians Shire Council :
35 years of servicePeter McSwain – Maintenance Operator (St Arnaud)
15 years of serviceJulie Baxendale - Property & Revenue Co-ordinator
10 years of serviceBeate Hemley - Customer Service OfficerSteve LeSueur - Facilities Co-ordinatorDiane Roberts - Administrative AssistantKym Ryan - Infrastructure OfficerHelen Reading - Child Care Worker
05. PRESENTATION OF PETITIONS AND JOINT LETTERS
Nil
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
4
06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST
A Councillor who has a conflict of interests and is attending the Council meeting of the Council must make a full disclosure of that interest.
(a) by either-
(i) advising the Council at the meeting of the details required under paragraphs (b) and (c) immediately before the matter is considered at the meeting; or
(ii) advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and
(b) classifying the type of interest that has given rise to the conflict as either-
(i) a direct interest; or
(ii) an indirect interest and specifying the particular kind of indirect interest under:
section 78 - close association
section 78A - financial interest
section 78B - conflicting duties
section 78C - receipt of an applicable gift
section 78D - consequence of becoming an interested party
section 78E - impact on residential amenity; and
(c) describing the nature of the interest; and
(d) if the Councillor advised the Chief Executive Officer of the details under paragraph (a)(ii), the Councillor must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting.
Members of Staff
Under Section 80C of the Local Government Act 1989, officers or people engaged under contract to the Council providing a report or advice to Council must disclose any conflicts of interests in the matter, including the type of interest.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
5
07. ASSEMBLIES OF COUNCILLORS
[Justine Linley, Chief Executive Officer]
Section 80A of the Local Government Act 1989 requires that the written record of an Assembly of Councillors is, as soon as practicable, reported at an ordinary meeting of the Council and incorporated in the minutes of that Council Meeting.
The records for the period since the last ordinary Council meeting are listed below.
Date Description Matters/considered Councillor / Officer making
disclosure
Item No.
Left meeting Y/N
26/10/2015Agenda Review Briefing
November Council agenda review; Mayoral Election and Statutory Council Meeting; Council committees Representatives & Delegates list 2016. N/A N/A N/A
09/11/2015
Civic Engagement Briefing
Presentations: Grampians Tourism- Will Flamsteed; Brett Douglas re Dry Seasonal Conditions; Council Agenda Review N/A N/A N/A
16/11/2015
Eco Dev/Planning Taskforce Briefing
Economic Development & Investment Attracting Progress Report; Review of Halls Gap Flood Mapping; Differential Farm Rate; Statutory Meeting Agenda N/A N/A N/A
RESOLUTION
That the report on Assemblies of Councillors be approved.
Moved: Cr Jason HosemansSeconded: Cr Kevin Erwin Carried
08. ITEMS BROUGHT FORWARD
Nil
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
6
09. CONSIDERATION OF REPORTS OF OFFICERS
IMPROVE SOCIAL AND ECONOMIC VIABILITY OF THE SHIRE & DELIVER TARGETED PROJECTS AND CORE SERVICES
09.01. Local Government Act Review Submission
Department: CEO’s OfficeBusiness Unit: Economic DevelopmentDirector: Economic and Community DevelopmentManager Responsible: Economic DevelopmentAuthor/Position: Justine Linley, Chief Executive Officer
Summary
This report discusses the current review of the Local Government Act 1989 and recommends that Council makes a submission as part of the first round of consultation.
Recommendation
That Council makes a submission as part of the first stage of consultation to the Local Government Act Review.
RESOLUTION
That Council makes a submission as part of the first stage of consultation to the Local Government Act Review.
Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
7
Background/Rationale
The Victorian Government has recently announced the first comprehensive review of local government in a quarter of a century.
The review responds to calls from the local government sector and the community for reform of the Local Government Act 1989, which has seen over 90 amending acts resulting in hundreds of individual changes over the past 25 years.
The Local Government Act Review discussion paper has been released to begin a discussion on the role of local government and what the future looks like for local government in Victoria. It is intended that the review be an opportunity for both state and local governments to build stronger communities for local residents resulting in updated legislation that modernises the relationship between the state and local government sectors to better reflect essential roles and responsibilities.
The review will look at the objectives, roles and functions of councils; the powers required of councils to achieve these objectives and perform their roles and functions; and the extent these should be regulated under the Act. It will consider all legislation for which the Minister for Local Government is responsible to form a simple and integrated new Act.
Timeline2015 – Consultation on issues around the current Act2016 – Consultation on reform directions2017 - Consultation on proposed new legislation.
Advisory CommitteeAn Advisory Committee has been appointed to provide independent advice to the Minister for Local Government on the reforms required. Chaired by Member for Yuroke Ros Spence, the Advisory Committee includes current councillor representatives of metropolitan and regional councils and past senior local and state government executives.
Local government peak organisations (Municipal Association of Victoria, Victorian Local Governance Association and LGPro) will also contribute to the review through direct consultation with the Minister and ongoing liaison with Local Government Victoria as the review proceeds.
Members: Ros Spence MLA (chair), Member for Yuroke – former councillor at Hume
City Council Dr Kathy Alexander – former CEO of Melbourne City Council Kay Rundle – former CEO of Port Phillip, Greater Geelong and
Maribyrnong City Councils
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
8
Nicholas Reece, Principal Fellow Melbourne School of Government and senior executive in Chancellery, University of Melbourne and former Director of Strategy, Office of the Prime Minister.
Mary Delahunty, councillor at Glen Eira City Council David Clark, councillor at Pyrenees Shire Council
The Advisory Committee will provide advice to the Minister and to the department on all aspects of the review.
Council has read and worked through the core issues outlined in the discussion paper and intends to make a submission. A copy of the draft submission is attached.
Budget
There are no budget implications.
Legislation, Council Plan, Strategy and Policy Implications
The two Council Plan objectives for Northern Grampians Shire Council are: To improve the social and economic viability of the shire To deliver targeted projects and core services
As part of these objectives Council has a key role to play in advocating for legislative and policy change for the betterment of the local community.
Options
Option 1That Council makes a submission to the first stage of consultation on the Local Government Act Review. (recommended)
Option 2That Council notes the officer’s report, but declines to make a submission. (not recommended).
Reporting
Implications Considered in this report?
Implication identified?
Social Yes No
Heritage/Cultural No No
Amenity No No
Human Rights/Privacy No No
Environmental No No
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
9
Economic & Marketing Yes Yes
Risk Management No No
Financial Yes No
Asset Management No No
Consultation
Community groups, organisations and individuals are consulted on specific initiatives identified in the Council Plan.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer, Justine LinleyIn providing this advice as the author I have no disclosable interests in this report.
Attachments
9.1.1 Northern Grampians Submission Local Government Act Review
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
10
09.02. Council Meeting Schedule 2016
Department: Corporate ServicesBusiness Unit: GovernanceDirector: Vaughan Williams, Director Corporate ServicesManager Responsible: Mary Scully, Manager Governance & Civic
SupportAuthor/Position: Mary Scully, Manager Governance & Civic
Support
Summary
The purpose of this report is to set Council meeting dates for 2016. During 2015 Council held its Ordinary meetings at 6.30pm on the first Monday of each month alternating between Stawell and St Arnaud.
Recommendation
That Council adopts the proposed meeting schedule as listed in the report with meetings to commence at 6.00pm.
RESOLUTION
That Council adopts the proposed meeting schedule as listed in the report with meetings to commence at 6.00pm.
Moved: Cr Karen HyslopSeconded: Cr Merrilee Reid Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
11
Background/Rationale
This report allows Council the opportunity to consider the location and starting time of its meetings. If Council agrees to continue its current practice, a proposed meeting timetable is provided for consideration. It is also noted that 2016 is a local government election year in Victoria. Additional meetings may also need to be scheduled prior to and after the election to be held on Saturday 22 October 2016.
Date Meeting Type
Location
Monday 1st February Ordinary St Arnaud
Monday 7th March Ordinary Stawell
Monday 4th April Ordinary St Arnaud
Monday 2nd May Ordinary Stawell
Monday 6th June Ordinary St Arnaud
Tuesday 14th June (budget adoption) Due to Queen’s Birthday
Ordinary Stawell
Monday 4 July Ordinary St Arnaud
Monday 1st August Ordinary Stawell
Monday 5th September Ordinary St Arnaud
Monday 3rd October Ordinary Stawell
Monday 14th November (due to Melb Cup)
Ordinary St Arnaud
Monday 5th December Ordinary Stawell
Legislation, Council Plan, Strategy and Policy Implications
Council Plan Objective - Deliver targeted projects and core services. Options
That Council adopts the proposed meeting schedule as listed. (recommended)
That Council amends the proposed meeting schedule. (not recommended)
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
12
Reporting
Implications Considered in this report?
Implication identified?
Social No No
Heritage/Cultural No No
Amenity No No
Human Rights/Privacy No No
Environmental No No
Economic & Marketing No No
Risk Management No No
Financial No No
Asset Management No No
Consultation
No consultation is proposed to be undertaken in setting the meeting schedule.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Manager Responsible- Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.
Attachments
Nil
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
13
09.03. Council Committees Representatives & Delegates List 2016
Department: Corporate ServicesBusiness Unit: GovernanceDirector: Director Corporate ServicesManager Responsible:Manager Governance & Civic SupportAuthor/Position: Mary Scully, Manager Governance & Civic
SupportSummary
The purpose of the report is to appoint Councillor and officer delegates for the next twelve months as detailed in the attachment.
Recommendation
That Council appoints Councillor and officer delegates for the next twelve months as detailed in the attachment.
RESOLUTION
That Council appoints Councillor and officer delegates for the next twelve months as detailed in the attachment.
Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
14
Background/Rationale
In addition to formal Council meetings, Councillors and officers commit to representing Council through involvement with a number of special and advisory committees, organisations and support groups. This involvement includes, but is not limited to, attending meetings, providing advocacy, and acting as the conduit through which the group’s ideas and plans are communicated to Council.
The committees, organisations and groups are established for a variety of purposes including providing advice to Council, to make particular types of Council decisions such as planning decisions, those established that have been delegated a power or duty by the Council, those required by legislation, and others established in order to provide a regional focus on a particular issue. Councillors will have an opportunity to be involved with numerous local groups and those detailed in the attachment are those that Council may be directly involved with or have been asked to be part of. Councillors have had an opportunity to consider the various delegations to the committees, organisations and groups as detailed in the attachment.
Financial - Council provides for the cost of memberships and meeting attendances in its annual budget.
Legislation, Council Plan, Strategy and Policy Implications
Council Plan - Delivered targeted projects and core services. Options
Council has the option to appoint the various Councillor and Officer delegates or take no further action.
Reporting
Implications Considered in this report?
Implication identified?
Social No No
Heritage/Cultural No No
Amenity No No
Human Rights/Privacy No No
Environmental No No
Economic & Marketing No No
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
15
Risk Management No No
Financial Yes Yes
Asset Management No No
Consultation
There has been no specific community consultation in the preparation of this report.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Author and Manager Responsible – Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author and Manager Responsible, I have no disclosable interests in this report.
Attachments
9.3.1 Council Committee Representatives & Delegates 2016
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
16
09.04. Lease - Stawell Leisure Complex (Fitopia)
Department: Economy & CommunityBusiness Unit: Recreation ServicesDirector: Michael Bailey, Director Economic & Community
DevelopmentAuthor/Position:Debbie Bach, Manager Economic & Community Growth
Summary
The purpose of this report is for Council to authorise entering into a lease with Fitopia for the use of a designated part of the Stawell Leisure Complex being Squash Courts 5 & 6, Stawell as part of a program to maximise the use of existing facilities.
Recommendation
That Council:
1. enters into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and
2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by all parties.
RESOLUTION
That Council:
1. enters into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and
2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by all parties.
Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
17
Background/Rationale
Fitopia commenced leasing squash courts 5 & 6 at Stawell Leisure Complex in November 2007 as a fitness and lifestyle coaching facility. The owners undertook significant capital works at cost to themselves which has transformed the area into a functional user friendly facility.
The current further term option for their lease is due to expire in November 2016 so to provide security for the business Fitopia has requested a new longer term lease.
It is proposed that Fitopia will continue to provide fitness and lifestyle coaching.
At its meeting on 5th of October 2015, Council moved the following resolution:
That Council:
1. gives notice of its intention to enter into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and
2. in respect of the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.
At the time of preparing this report no submissions have been received.
Legislation, Council Plan, Strategy and Policy Implications
Council Plan objective: Improved the social and economic viability of the shire. Options
Option 1 (Recommended)
That Council:1. enters into a lease with Fitopia for the use of a designated part of Stawell
Leisure Complex, Stawell; and2. authorises the Mayor and Chief Executive Officer to sign the relevant
lease documents as agreed by all parties.
Option 2 (Not recommended)
Not to enter into a lease with Fitopia for the lease of a designated part of Stawell Leisure Complex, Stawell.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
18
Reporting
Consultation
Community consultation has occurred via the giving of public notice. This has been completed and no submissions have been received.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Author - Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Author, I have no disclosable interests in this report.
Attachments
Nil
Implications Considered in this report?
Implication identified?
Social Yes Yes
Heritage/Cultural No No
Amenity Yes Yes
Human Rights/Privacy No No
Environmental No No
Economic & Marketing Yes Yes
Risk Management Yes Yes
Financial Yes Yes
Asset Management Yes Yes
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
19
09.05. Lease - 87 D'Arcy Street Stawell (Grampians YMCA)
Department: Economic & CommunityBusiness Unit: Economic & Community GrowthDirector: Michael Bailey, Director Economic & Community
Development Manager Responsible:
Debbie Bach, Manager Economic & Community Growth
Author/Position: Michael Bailey, Director Economic & Community Development
Summary
At its meeting on the 3rd of August 2015 Council moved the following resolution:
“That Council ceases operating Long Day Care and Kindergarten from the Taylors Gully Childcare facility on or before 18th December 2015”.
Following the decision above, officers released an Expression of Interest for the lease of the building. After assessment of the expression of interest responses a paper was put to Council on the 5th of October 2015. At the October meeting, Council moved the following resolution:
That Council: 1. gives notice of its intention to enter into a lease with the Grampians YMCA
for the use of a designated part of 87 D’Arcy Street, Stawell; and2. in respect to the above notice, seeks submissions from any person
pursuant to section 223 of the Local Government Act 1989.
At the time of this report being completed no submissions have been received.
Officers are now seeking approval to enter into a lease with Grampians YMCA for lease of a designated part of 87 D’Arcy Street, Stawell and authorisation for the Mayor and Chief Executive Officer to sign the lease as agreed by all parties.
Recommendation
That Council
1. enters into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell; and
2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by both parties.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
20
RESOLUTION
That Council
1. enters into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell; and
2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by both parties.
Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
21
Background/Rationale
The Grampians YMCA aims to develop a community hub at the facility including the provision of activities for all generations of our community. Specific programs and services will be targeted at improving health and social outcomes along with more broad reaching programs such as education for new parents.
The Grampians YMCA will also work collaboratively with the current tenants being the Stawell & District Pre-School Association and Northern Grampians Shire Council Maternal & Child Health Services.
It is expected that should the lease be approved it will commence on 1st January, 2016 with services to the community commencing in February 2016.
Council passed a resolution of intention to enter into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell and to call for submissions in line with section 223 of the Local Government Act 1989 at the 5th October meeting.
At the time of preparing this report no submissions have been received.
Legislation, Council Plan, Strategy and Policy Implications
Council Plan objective: Improved the social and economic viability of the shire. Options
1. enters into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street, Stawell; and
2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by both parties.
or
Council does not enter into a lease with Grampians YMCA for a designated part of 87 D’Arcy Street.
Reporting
Implications Considered in this report? Implication identified?
Social Yes Yes
Heritage/Cultural No No
Amenity Yes Yes
Human Rights/Privacy No No
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
22
Consultation
Significant consultation has occurred with all stakeholders since the initial decision about the future of the Taylors’ Gully Childcare facility on the 3rd of August 2015.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Director Economic & Community Development - Michael BaileyIn providing this advice as the Director Economic & Community Development, I have no disclosable interests in this report.
Attachments
Nil
Environmental No No
Economic & Marketing Yes Yes
Risk Management Yes Yes
Financial Yes Yes
Asset Management Yes Yes
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
23
09.06. Leases - Stawell Airport
Department: Infrastructure & EnvironmentBusiness Unit: InfrastructureDirector: Director Infrastructure & EnvironmentManager Responsible:
Manager Infrastructure
Author/Position: Sanjay Manivasagasivam, Director Infrastructure & Environment
Summary
The purpose of this report is for Council to commence the process to enter into formal, standardised leases with tenants for the use of designated parts of the Stawell Airport.
Recommendation
That Council:
1. gives notice of its intention to enter into individual leases with the following for the use of designated parts of the Stawell Airport:
David Jeanes [Lot 2]Mike McCaw [Lot 3]Grant Harrison [Lot 5] GR and CM Boatman [Lots 6 and 10] AGAIR Logistics Pty Ltd [Lots 7, 8, 13, 17, 50, 51 and 52]Pastoral & General Holdings Pty Ltd [Lot 53]Dean Boatman [Lot 54]
2. in respect of the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.
RESOLUTION
1. gives notice of its intention to enter into individual leases with the following for the use of designated parts of the Stawell Airport:
David Jeanes [Lot 2]Mike McCaw [Lot 3]Grant Harrison [Lot 5] GR and CM Boatman [Lots 6 and 10] AGAIR Logistics Pty Ltd [Lots 7, 8, 13, 17, 50, 51 and 52]Pastoral & General Holdings Pty Ltd [Lot 53]Dean Boatman [Lot 54]
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
24
2. in respect of the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.
Moved: Cr Wayne RiceSeconded: Cr Kevin Erwin Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
25
Background/Rationale
There have been ongoing discussions for several years between Council, the Stawell Aerodrome Committee and site occupants at the Stawell airport in regard to sites as occupied by various individuals and businesses. The existing arrangements for each site occupation vary greatly from minimal agreements through to formal leases, all with varying conditions, expiry dates, payment details and length of terms.
It is proposed to adopt new leases for all sites, with common conditions, terms, expiry dates and payment schedules, with the exception of the Bureau of Meteorology-Automatic Weather Station site, as that lease continues until 2030 under a nominal payment schedule due to its important public information function to the airport and the broader shire community.
There are two basic lease types proposed to be adopted, one for the Council owned freehold sites, and one for the Crown land sites as managed by Council as the Committee of Management under delegation from DELWP.
It is the opportune time to renew all other leases, as the Aero Restorations lease ends on 1 December 2015 and no other site has an agreement or lease that will still be current after that date. There are also new applicants for extra hangar sites, plus altered site sizes due to recent upgrades and works by various occupants.
It should be noted that all occupied sites are still liable for general rates and charges, regardless of whether they have a formal lease or otherwise.
A new site plan has been developed to include all of the sites, and to give them new lot numbers, street addresses and to define the lease areas. It is still the intention at a later date to put a separate report to Council in regard to options for the freeholding of any of the Council owned lease sites and possible sale to those lessees who may be interested in that option. The new freehold leases will include special conditions to allow that conversion to freehold at any time during the term of the lease, if Council approves.
Other general features of the new lease format to be;-
Lease term 5 x 5 x 5 years.
Common expiry date of 1st March, and all lease payments to be invoiced / payable up front each year.
All leases subject to annual CPI increases but only after initial 5 year term.
Initial 5 year term with no CPI increase, but with a sliding scale of subsidy from 80% to 50% over the next four years.
All lease rates to be based on a $ rate per m2 of site area occupied.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
26
Water and sewer costs to be included in lease payments, as they cannot be easily separated out for each site.
Power and NBN extensions or ongoing usage costs to be borne by tenants. [It is noted that the airport site is to be covered by a fixed wireless network, not by the copper network, although the existing serviced properties would remain connected to that copper network]
All service extensions, earthworks, other site works or connection to the access road and/or airside apron areas to be at the lessee’s cost, unless they can be included in a future grant application by Council.
All site building costs, including approvals, to be at the lessee’s cost.
No transfer or sub-leases permitted unless prior approval of Council obtained.
Only aviation based businesses to be approved for any site that has direct airside access.
All other normal commercial lease conditions for renewal, insurances and related matters.
Legislation, Council Plan, Strategy and Policy Implications
Council Plan objective: Improved the social and economic viability of the shire. Options
Option 1 (Recommended)
Agree to give public notice of Council’s intention to enter into leases with tenants for the lease of designated parts of the Stawell Airport, and seek submissions on the proposal.
Option 2 (Not recommended)Not to enter into leases with tenants for the lease of designated parts of Stawell Airport.
Reporting
Implications Considered in this report?
Implication identified?
Social Yes Yes
Heritage/Cultural No No
Amenity Yes Yes
Human Rights/Privacy No No
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
27
Consultation
All tenants were invited to two separate Airport Advisory Committee meetings held on 23 November and 3 December 2015.
Community consultation will also occur via the giving of public notice. Council is required to consider any submissions received prior to making a formal decision on the proposed leases.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Director - Sanjay Manivasagasivam, Director Infrastructure & EnvironmentIn providing this advice as the Director, I have no disclosable interests in this report.
Authors - Allan Ralph, Contract Engineer/Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Authors, we have no disclosable interests in this report.
Attachments
9.6.1 Site Plan
Environmental No No
Economic & Marketing Yes Yes
Risk Management Yes Yes
Financial Yes Yes
Asset Management Yes Yes
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
28
09.07. Sale - 14 Wellington Street St Arnaud
SummaSummary
The purpose of this report is to formalise the process to sell Council owned land which Council has determined it no longer requires for municipal purposes at 14 Wellington Street St Arnaud.
Recommendation
That Council :
1. resolves to offer for sale the property at 14 Wellington Street, St Arnaud as determined: and
2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.
RESOLUTION
1. resolves to offer for sale the property at 14 Wellington Street, St Arnaud to East Wimmera Health Service; and
2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.
Moved: Cr Tony DriscollSeconded: Cr Merrilee Reid Carried
Department: Corporate ServicesBusiness Unit: Governance & Civic SupportDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic SupportAuthor/Position: Vaughan Williams, Director Corporate
Services
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
29
Background/Rationale
At its meeting on 5 October, Council considered the sale of 14 Wellington Street St Arnaud on the open market and resolved to give public notice of its intention to sell the property and to invite submissions in accordance with section 223 of the Local Government Act 1989. Public Notice was given in the North Central News on 14 October and 4 submissions were received.
Financial: The sale of the building will result in lower maintenance costs and reduce our future liability for replacement. This is also an opportunity for Council to realise a return on the sale of the land.
Asset Management: There are no service or asset management implications and the proposed sales are consistent with Council’s building rationalisation strategy.
Risk Management: The sale of the property is part of Council’s asset rationalisation process and will lead to an improvement in our asset renewal gap.
Legislation, Council Plan, Strategy and Policy ImplicationsAsset Strategy - We will reduce the infrastructure renewal gap and manage our roads, buildings and structures for safety and optimal use by commencing a project to review, consolidate and reduce building assets
Options
Option 1
To resolve to sell 14 Wellington Street St Arnaud on the open market and authorise the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared. [Not recommended]
Option 2
To resolve to sell 14 Wellington Street St Arnaud to East Wimmera Health Service and authorise the Chief Executive Officer to enter into negotiations with EWHS, finalise terms of sale and sign and seal the contract of sale when prepared. [Recommended]
Option 3
To not sell 14 Wellington Street St Arnaud. [Not recommended]
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
30
Reporting
Consultation
The giving of public notice has allowed for community consultation and an invitation to prospective purchasers. Five submissions were received and circulated to Councillors separately. Council is required to consider all submissions received prior to making a formal decision on the proposed sale.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Director - Vaughan Williams, Director Corporate ServicesIn providing this advice as the Director, I have no disclosable interests in this report.
Author - Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.
Attachments
9.7.1 14 Wellington Street_Esmore9.7.2 14 Wellington Street_Egan9.7.3 14 Wellington Street_Wooley9.7.4 14 Wellington Street_East Wimmera Health Service9.7.5 14 Wellington Street_Rotary9.7.6 14 Wellington Street_McIntyre
Implications Considered in this report? Implication identified?
Social No No
Heritage/Cultural No No
Amenity No No
Human Rights/Privacy No No
Environmental No No
Economic & Marketing No No
Risk Management Yes Yes
Financial Yes Yes
Asset Management Yes Yes
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
31
(Attachments circulated separately)
09.08. Sale - 65 Sloane Street Stawell
Department: Corporate ServicesBusiness Unit: Governance & Civic SupportDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic SupportAuthor/Position: Vaughan Williams, Director Corporate
Services
Summary
The purpose of this report is to formalise the process to sell Council owned land which Council has determined it no longer requires for municipal purposes at 65 Sloane Street, Stawell
Recommendation
That Council :
1. resolves to offer for sale on the open market the property at 65 Sloane Street, Stawell: and
2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.
RESOLUTION
1. resolves to offer for sale on the open market the property at 65 Sloane Street, Stawell: and
2. authorises the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared.
Moved: Cr Wayne RiceSeconded: Cr Jason Hosemans Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
32
Background/Rationale
At its meeting on 5 October, Council considered the sale of 65 Sloane Street Stawell on the open market and resolved to give public notice of its intention to sell the property and to invite submissions in accordance with section 223 of the Local Government Act 1989. Public Notice was given in the Stawell Times News on 16 October and 1 submission received.
Financial: The sale of the building will result in lower maintenance costs and reduce our future liability for replacement. This is also an opportunity for Council to realise a return on the sale of the land.
Asset Management: There are no service or asset management implications and the proposed sales are consistent with Council’s building rationalisation strategy.
Risk Management: The sale of the property is part of Council’s asset rationalisation process and will lead to an improvement in our asset renewal gap.
Legislation, Council Plan, Strategy and Policy Implications
Asset Strategy - We will reduce the infrastructure renewal gap and manage our roads, buildings and structures for safety and optimal use by commencing a project to review, consolidate and reduce building assets
Options
Option 1
To resolve to sell 65 Sloane Street Stawell on the open market and authorise the Chief Executive Officer to enter into negotiations with prospective purchasers, finalise terms of sale and sign and seal the contract of sale when prepared. [Recommended]
Option 2
To not sell 65 Sloane Street, Stawell. [Not recommended]
Reporting
Implications Considered in this report?
Implication identified?
Social No No
Heritage/Cultural No No
Amenity No No
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
33
Consultation
The giving of public notice has allowed for community consultation and an invitation to prospective purchasers. One submission was received and has been circulated to Councillors separately. Council is required to consider all submissions received prior to making a formal decision on the proposed sale.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Director - Vaughan Williams, Director Corporate ServicesIn providing this advice as the Director, I have no disclosable interests in this report.
Author - Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.
Attachments
9.8.1 Landers & Rogers Lawyers (circulated separately)
Human Rights/Privacy No No
Environmental No No
Economic & Marketing No No
Risk Management Yes Yes
Financial Yes Yes
Asset Management Yes Yes
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
34
09.09. Economic Development & Planning Partnerships Report
Department: Economic & CommunityInfrastructure & Environment
Business Unit: Economic GrowthEnvironment & Regulatory Services
Director: Director Economic & CommunityDirector Infrastructure & Environment
Manager Responsible:
Manager Economic & Community GrowthManager Environment & Regulatory Services
Author/Position: Debbie Bach, Manager Economic & Community GrowthWarren Groves, Manager Environment & Regulatory Services
Summary
This report provides information on activities being conducted within the shire by the Business Services Team and the Planning and Development Services Team. Economic growth remains a top priority for both teams, focusing on business support and enabling development across the shire. The information contained in this report, provides not only an important indicator of the administrative work being undertaken by Council in the provision of planning and building services, but also provides an important indicator as to the economic activity that is occurring throughout the municipality.
Recommendation
That Council notes the information contained in the officer’s report.
RESOLUTION
That Council notes the information contained in the officer’s report.
Moved: Cr Kevin ErwinSeconded: Cr Tony Driscoll Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
35
Background/Rationale
Dry Seasonal Conditions
With our agricultural community experiencing a second year of dry seasonal conditions, this year has been described as one of the worst on record. Australian climatic records are now sufficiently reliable to profile climate variability taking into account expectations for regions. Bureau of Meteorology records since the 1860s show that a ‘severe’ drought has occurred in Australia, on average, once every 18 years. State Governments are responsible for declaring a region drought affected and the declaration will take into account factors other than rainfall.
The worst drought to affect the country occurred in the 21st century–between the years 2003 to 2012. Nonetheless, many regions of Australia are still in significant drought and rainfall records have showed a marked decrease in precipitation levels since 1994, with many scientists attributing this to climate change and global warming.
While Northern Grampians Shire has a very robust agricultural sector, and many businesses diversifying to minimise the impact of dry weather, there is still a need for support to be provided by multiple services including but not limited to Local, State and Federal Government.
Council is continuing to work with surrounding councils, health and community organisations and government departments to help minimise the impact on one of our most important sectors as well as the flow-on effect into the retail sector, which has already been noticed.
As part of the Wimmera Season Condition Committee, Council has participated in meetings to identify strategies to help the agricultural sector. One of these strategies has been to plan a mental health first aid course, where two people from each council area would be trained to help people deal with depression and anxiety brought on by financial and other stresses resulting from the dry weather event. Six councils, health services, the Victorian Farmers Federation, Rural Financial Counselling and State and Federal Government departments make up the Seasonal Conditions Committee, which plans for and responds to community needs during adverse conditions.
Council has also been talking to primary producers in the north of the shire to understand their needs and how best to address them, and has begun organising meetings at fire sheds and recreational reserves that will help people with practical actions they can take to minimise the dry season’s impact.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
36
These fire shed and recreation reserve events aim to: Provide land managers with best practice techniques for drought
management. Create a greater awareness of health services available to land managers Reduce the stigma of mental health illnesses Provide land managers with information on topics such as drought
assistance schemes are other financial assistance available.
A drought response package has been announced by the State Government which includes:
Extension services to farmers
The Drought Extension Program will accelerate delivery of additional farm information and advisory services to support farmers during drought and dry seasons. The additional farm extension services will provide farmers with practical farm advice and support services.
CMA Drought Employment Program
The Catchment Management Authority (CMA) Drought Employment Program will employ farmers, farm workers and individuals affected by drought to undertake environmental projects.
Additional Rural Financial Counsellors
The Rural Financial Counselling Service provides free, independent and confidential support to primary producers, fishers and small rural businesses experiencing financial hardship.
The Victorian Government is funding additional counsellors.
Community engagement and support package and Mental Health First Aid training
Additional for Primary Care Partnerships will support community health and community led projects. This will include Mental Health First Aid Training in the most drought impacted areas.
Back to School
Back to School provides children from disadvantaged families attending Victorian Government Schools with uniforms, shoes and other essential items.
Back To School is available state-wide. Principals of schools in drought affected areas will be contacted directly. This includes: Buloke, Yarriambiack, Loddon, Northern Grampians, Horsham, Hindmarsh, Gannawarra, Pyrenees, Central Goldfields and West Wimmera Local Government areas.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
37
Support for kindergarten participation
Kindergarten service providers within the identified local government areas will be able to apply for a Drought Kindergarten Fee Subsidy on behalf of families experiencing financial hardship as a result of the drought.
Community based, not for profit kindergarten service providers that can demonstrate financial hardship as a consequence of the drought will be eligible to apply for a one-off grant to support their continued operation.
Camps, Sports and Excursions Fund
The Camps, Sports and Excursions Fund (CSEF) will be extended to students in drought-affected areas.
Eligibility is being extended to students that are currently enrolled in government and non-government schools with a parent or legal guardian who do not hold a means-tested concession card, but are experiencing financial hardship as a result of drought conditions.
Families who have already claimed the CSEF payment in 2015 may seek an additional 'one off' payment under the drought relief package, which can be accessed in 2015 or 2016, prior to June 30, 2016.
Fast tracking the consideration of regional development projects in identified drought impacted areas which meets funding guidelines
Water infrastructure improvements to improve stock and domestic water supply to rural communities
Prioritising rehabilitation road works to projects in drought affected areas
In an attachment to this report, the Summer Economic Report Card focuses on the agriculture sector on the back of another dry season.
Following is a summary of both Planning and Building Permit activity in the Northern Grampians Shire for the period 1 October to 31 October 2015 inclusive.
PLANNING PERMITS
Planning Permits Issued No. ValuePermits issued YTD in 2015 73 $ 13,576,773Permits issued YTD in 2014 66 $ 18,173,346Permits issued in October 2015 11 $ 875,500Permits issued in October 2014 9 $ 1,082,000Permits under consideration 34 $ 8,884,552
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
38
A specific breakdown of the Planning Permit values issued and those under consideration by areas in October 2015 is now provided as follows:
STAWELLOctober YTD Under
ConsiderationBusiness $495,000 $3,175,412 $ 300,000Residential $3,569,500 $ 4,940,052RuralMiningCommunitySignage $8,000Tourist AccommodationOther $ 1,000 $1,300,000Total $ 495,000 $6,753,912 $6,540,052
ST ARNAUDOctober YTD Under
ConsiderationBusiness $ 9,500Residential $ 521,000 $ 250,000RuralMiningCommunitySignageTourist AccommodationOther $ 120,000Total $0 $ 650,500 $ 250,000
HALLS GAPOctober YTD Under
ConsiderationBusiness $10,000 $ 13,000 $ 8,000Residential $360,000 $
1,098,500$ 1,399,000
RuralMiningCommunity $ 30,000SignageTourist AccommodationOther $ 85,000Total $ $370,000 $
1,196,500$ 1,437,000
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
39
OTHER AREASOctober YTD Under
ConsiderationBusiness $ 2,500 $ 942,500Residential $8,000 $1,197,201 $ 639,000Rural $ 110,000MiningCommunity $ 5,160SignageTourist AccommodationOther $2,721,000 $18,500Total $10,500 $4,975,861 $ 657,500
SUBDIVISION No. of Applications No. of Lots
Residential 8 80Industrial
Figure No. 1 Historical Comparison of Planning Permits Issued (No’s)January – December 2011 – 2015
Significant Planning Permits Issued:
5.2014.11.2 (Amendment)
46 Abattoir Road, Stawell
Frewstal Pty Ltd
$480,000 Amendment to Development being Buildings and Works associated with the existing Abattoir (being new processing room, 2 store rooms, truck wash, kill floor waste pit and trade waste equipment facility, extension to existing loading bay and offal room, extension to amenities building,
15/10/2015
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
40
development of a boiler room, storage shed, guard house and boom gates, 6 metre high wall, relocation of unloading ramps and creation of stock truck parking and exist driveway) and associated works.
5.2015..69.1 3149 Western Highway, Stawell
KS Padley (Magdala Motor Lodge)
$0 Use of land to sell or consume liquor (extension of licenced area and inclusion of patron numbers)
28/10/2015
5.2015.56.1 129 Main Street, Stawell
F Notting $15,000 Development being Buildings and Works.
9/10/2015
5.2015.52.1 116 Main Street, Great Western
Wohcha Pty Ltd
$2,500 Use of land to sell Liquor (Packaged Liquor Licence) and relocate existing Advertising Sign
9/10/2015
Significant Planning Permit Applications Received :
5.2015.74.1 60 Napier Street, St Arnaud
RL Ewert $0 Use of Land to sell or consume Liquor (General Liquor Licence) and waiving of car parking requirements for use of land as a Hotel.
5.2015.75.1 Saleyards Road, Stawell
R Barber $300,000 Use and Development of a Materials Recycling Facility and associated works.
5.2015.77.1 428 Kooreh Road, Carapooee
Country Fire Authority
$9,000 Development being Buildings and Works associated with the existing Emergency Services Facility (Fire Station Verandah) and associated works.
5.2015.84.1 17 Forest Street, Glenorchy
James Goldsworthy Consulting Pty Ltd
$9,500 Development being building and works (toilet/change room) associated with the existing Emergency Services Facility (Rural Fire Station).
BUILDING PERMITS
Building Permits Issued
CouncilBuilding Surveyor
Private Building Surveyor
Total Value
Permits issued YTD in 2015
106 35 141 $ 10,919,687
Permits issued YTD in 2014
90 57 147 $ 11,702,790
Permits issued in October 2015
18 2 20 $ 918,613
Permits issued in October 2014
14 16 30 $ 3,184,041
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
41
Figure No. 2 Historical Comparison of Building Permits Issued (No’s) January – December 2011 – 2015
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
42
Significant Building Permits Issued:
6..2014.159.1 36 Lavett Road, Stawell
Stawell Rifle Club Inc.
$27,000 Extension to existing shed
6.2015.106.1 85 Main Street, Stawell
RJ Haswell $55,412 Construction of Shop Verandah
6.2015.132.1 46-48 Longfield Street, Stawell
Northern Grampians Shire Council
$2,000 Demolition of Public Toilets
6.2015.140.1 2 Heath Street, Halls Gap
RJ Flecknoe & CE Wallman
$269,986 Alterations & Change of Use to an existing building
6.2015.143.1 4 Allen Crescent, Stawell
WG & VJ Bowers
$9,100 Demolition of Dwelling
Legislation, Council Plan, Strategy and Policy Implications
Council Plan Objective - Improve the social and economic viability of the shire Options
No options other than for Council to note the officer’s report, are recommended.
Reporting
Implications Considered in this report?
Implication identified?
Social No No
Heritage/Cultural No No
Amenity No No
Human Rights/Privacy No No
Environmental No No
Economic & Marketing Yes Yes
Risk Management No No
Financial No No
Asset Management No No
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
43
Consultation
No community consultation required.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Manager and Author, I have no disclosable interests in this report.
Warren Groves, Manager Environment and Regulatory ServicesIn providing this advice as the Manager and Author, I have no disclosable interests in this report.
Attachments
9.9.1 Summer Economic Report Card9.9.2 Bureau of Meteorology Report
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
44
09.10. Road Discontinuance - Meagher Street Stawell
Department: InfrastructureBusiness Unit: Engineering ServicesDirector: Director Infrastructure & EnvironmentManager Responsible: Manager InfrastructureAuthor/Position: Trenton Fithall, Infrastructure Engineer
Summary
To review submissions received and make a recommendation regarding the proposed discontinuance of a portion of Meagher Street, Stawell.
Recommendation
That Council declares that the portion of Meagher Street adjacent to Crown Allotment 3 Section 49 Parish of Stawell to be discontinued to traffic.
RESOLUTION
That Council declares that the portion of Meagher Street adjacent to Crown Allotment 3 Section 49 Parish of Stawell to be discontinued to traffic.
Moved: Cr Kevin ErwinSeconded: Cr Karen Hyslop Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
45
Background/Rationale
As detailed in the 3 August 2015 report, the proposed discontinuance has been requested by the Department of Environment, Land, Water & Planning to allow the disposal of a portion of the Meagher Street road reserve.
In declaring the road discontinuance Council is aware that the effect of the closure will be that;
o The discontinuance will be absolute;
o The road will be shown as discontinued on all departmental plans and Office of Title charts and on the titles of abutting lands;
o All rights of carriageway engaged by the public will cease; and
o The land in the discontinued road will become unalienated land of the Crown and can be dealt with under the provisions of the Land Act which includes the scale of freehold.
The formal process for Council involves:-
o Forming the intention (this was done at the August Council meeting).
o Giving notice of the intention and seeking submissions (an advertisement was placed on 9 October 2015).
o Allowing time for submissions (no submissions were received).
o Considering submissions (no submissions were received).
o Resolving to give notice in the Government Gazette; and
o Processing the necessary plans and other documents to give effect.
The proposed discontinuance of the portion of road reserves will not affect access to properties as all properties with access via this portion of Meagher Street are owned by Eventide Homes (Stawell) Inc. which intends to buy the portion when made available.
Legislation, Council Plan, Strategy and Policy Implications
Council will reduce the infrastructure renewal gap and manage our roads, building and structures for safety and optimal use. Options
Option 1Council does not agree to discontinue the portion of Meagher Street, Stawell and Meagher Street continues to be a public highway.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
46
Option 2Council declares the portion of Meagher Street, Stawell be discontinued to traffic.
Reporting
Implications Considered in this report?
Implication identified?
Social Yes No
Heritage/Cultural Yes No
Amenity Yes No
Human Rights/Privacy Yes No
Environmental Yes No
Economic & Marketing Yes No
Risk Management Yes No
Financial Yes Yes
Asset Management Yes Yes
Consultation
Letters requesting submissions under section 223 of the Local Government Act 1989 were sent to residents in close proximity and the Environment, Land, Water & Planning. An advertisement about the proposed discontinuance was placed in the Stawell Times News on Friday 9 October 2015.
No written submissions were received which is expected as the closure only affects the parties wishing to purchase the portion of Meagher Street.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Infrastructure Engineer - Trenton FithallIn providing this advice as the Infrastructure Engineer, I have no disclosable interests in this report.
Attachments
9.10.1 DELWP Allotment Plan9.10.2 Meagher Street Aerial Map
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
47
09.11. Proposed Road Naming - Gre Gre
Summary
To consider undertaking the process to name the unnamed road between McIntyre Road and Lowe Road at Gre Gre as Cunningham Road.
Recommendation
That Council gives public notice of its intention to name the unnamed road between McIntyre Road and Lowe Road at Gre Gre as Cunningham Road.
RESOLUTION
That Council gives public notice of its intention to name the unnamed road between McIntyre Road and Lowe Road at Gre Gre and seek community input to an appropriate name for the road.
Moved: Cr Tony DriscollSeconded: Cr Merrilee Reid Carried
Department: Corporate ServicesBusiness Unit: Governance & Civic SupportDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic Support
Author/Position: Mary Scully, Manager Governance & Civic Support
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
48
Background/Rationale
Council is the road naming authority for local roads in accordance with Schedule 10 of the Local Government Act 1989 which empowers Council to name roads. Any road naming must be in accordance with Geographic Place Names legislation.
Council officers have identified a road naming error in the VicNames database and have suggested the naming of the unnamed road between McIntyre Road and Lowe Road at Gre Gre, and shown on the map below, to address the anomaly. The correct naming of this road will ensure the delivery of emergency services.
Finance - The naming of roads incurs administration, advertising and signage costs.Risk Management - The naming of roads is a means to minimise risk and ensure the prompt delivery of emergency services.Asset Management - The level of service will not increase as a result of the road being formally named. The road is classed as Rural Access Property as per the Council’s Roads & Street Network Service Asset Management Plan and the maintenance standard of the road will be as per the agreed service level by the Council for that classification. Signage is proposed.
Legislation, Council Plan, Strategy and Policy Implications
Council Plan - Delivered targeted projects and core services.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
49
Options
Council has the option of agreeing to give public notice of the proposal or to take no further action. [Recommended]
Council may choose to have input into the form of community consultation appropriate and decide whether or not to seek further comment from other persons or groups before making a formal decision on the proposal.
Reporting
Implications Considered in this report?
Implication identified?
Social No No
Heritage/Cultural No No
Amenity No No
Human Rights/Privacy No No
Environmental No No
Economic & Marketing No No
Risk Management Yes Yes
Financial Yes Yes
Asset Management Yes Yes
Consultation
Community consultation is an important part of the road naming process and the giving of public notice will allow interested persons an opportunity to comment prior to the road being formally named.
As part of the required community consultation Council has sought comment from the local Gre Gre Hall Committee to a suggestion that the road be named as Cunningham Road in recognition of an original landholder of several parcels of land adjoining the unnamed road.
No comment was received. It is Council’s policy to name roads after original landholders to recognise the contribution of early families to the area.
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
50
Author - Mary Scully, Manager Governance & Civic SupportIn providing this advice as the Author, I have no disclosable interests in this report.
Attachments
Nil
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
51
09.12. 5.2015.38.1- 151 Grampians Road, Halls Gap- Development of Three Additional Dwellings and Subdivision of Land
Department: Environment and Regulatory ServicesBusiness Unit: Development ServicesDirector: Director Infrastructure and EnvironmentManager Responsible:
Manager Environment and Regulatory Services
Author/Position: Jodie Senior, Planner
Summary
To have Council consider and decide on an application for a planning permit for the Development of three Dwellings and the Subdivision of Land (4 lots), alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap.
Recommendation
That Council issues a permit (Notice of Decision) for the Development of Three Dwellings and the Subdivision of Land (4 lots), alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap, subject to conditions.
RESOLUTION
That Council issues a permit (Notice of Decision) for the Development of Three Dwellings and the Subdivision of Land (4 lots), alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap, subject to conditions.
Moved: Cr Jason HosemansSeconded: Cr Wayne Rice Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
52
Background/Rationale
The Land
The land is situated at 151 Grampians Road, Halls Gap being Lot 3 LP 116118, Parish of Boroka.
The land has access from Grampians Road, which is a Road Zone Category 1 (VicRoads).
There is currently a two bedroom brick dwelling on the subject land, located at the front of the site. Behind the dwelling is a large area of undeveloped land, which has a fall towards the rear boundary, which contains a wetland type area.
There are a number of trees on the site along the northern and some on the southern boundaries of the subject land.
To the north of the subject land is Darcy's Restaurant and accommodation, which is a large hotel/motel complex. Further to the north are dwellings. To the south of the subject land is the Halls Gap Motel.
To the west is the Valley Floor, part of which is known as being a wetland area. This area is currently zoned Farming Zone, but is looking at being rezoned in the near future to Rural Activity Zone.
Land adjacent to the subject land is a mixture of private dwellings as well as dwellings used for tourist accommodation.
Subdivision
The proposed subdivision allows for four lots, each one to consist of a dwelling. Common property is also proposed as part of the subdivision, which includes access. Visitor car parking was also supplied in the original site plan, but has since been removed due to the turning circle and access requirements for forward entry/exit only. A condition would be inserted in a proposed permit for amended subdivision plans.
The initial site plan submitted with the application indicated that the proposed lots were to be as follows: Lot 1 - 768m2
Lot 2 - 510m2
Lot 3 - 426m2
Lot 4 - 1130m2
However, due to recent changes to accommodate a turning circle, lots 3 & 4 will be required to be altered slightly. Amended plans will be required.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
53
Proposal
This is a proposal for the Development of Three Dwellings and the Subdivision of Land (4 lots), Alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works at 151 Grampians Road, Halls Gap.
Existing DwellingThere is an existing brick veneer dwelling on the subject land which is to be internally and externally renovated. It currently contains two bedrooms, living, meals kitchen, laundry and bathroom. There is decking out the front, and at the rear. The dwelling currently has a flat roof and is approximately a total height of 3.1m above the natural ground level. The dwelling is 11.6m x 7m with two decking areas. (one of these being 3m x 5m and the other being irregular in shape - 5m x 3m deep near the carport and 1.8m near the rear of the building).
Proposed RenovationsThe proposed renovations will change the look of the current dwelling. The decking area will increase to 8m x 3m on the east side, 7.5 x 2m on the west side and 7m x 2m on the northern side. The applicant proposes to have two additional tanks (each 5,000 litres) on the southern side of the dwelling near the accessway.
The proposed roofline is completely different to what is existing, and is to be a total height of 4.6m above the natural ground level. Currently the roof is flat, the proposed is to be similar to that of a 'butterfly' type roofline. The size of the windows will also be increased significantly with majority of them being floor to ceiling instead of the standard 70's type aluminium windows. Please refer to Assessment Report for further information.
Proposed DwellingsThe proposed three new dwellings are to comprise two bedrooms with ensuite, combined family, dining and kitchen area and separate laundry. Each dwelling is to have its own secluded private open space, with direct access from the family/living area to a timber deck and outdoor spa area.
The roofline of the proposed three new dwellings will be similar to the one proposed for the existing dwelling. The rooflines on the new dwellings however will be higher at a total height of approximately 5.8m above the natural ground level. Please refer to floor elevation plans shown in the Assessment Report.
Key Issues The key issues in this proposal are: The purpose of the Zone The purpose of the Overlays One objection (based on commercial advantage)
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
54
The potential for impact on the amenity of the area Decision Guidelines of Clause 65
Legislation, Council Plan, Strategy and Policy Implications
The application is consistent with: Council Plan 2013-2017 Planning and Environment Act 1987 Northern Grampians Planning Scheme Options
Option 1 That Council issues a permit (Notice of Decision) for the Development of three Dwellings and the Subdivision of Land (4 lots), Alteration to a Road Zone Category 1, Waiving of Carparking Requirements and Associated Works (recommended).
Option 2That Council refuses to issue a permit (not recommended).
Option 3 That Council defers consideration of the application pending the provision of further information (not recommended).
Reporting
Implications Considered in this report?
Implication identified?
Social Yes No
Heritage/Cultural Yes No
Amenity Yes Yes
Human Rights/Privacy No No
Environmental Yes No
Economic & Marketing Yes Yes
Risk Management Yes No
Financial Yes No
Asset Management Yes No
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
55
Consultation
Notice of the application was given pursuant to Section 52 of the Planning and Environment Act 1987, by advertisement, by letter to adjoining landowners and occupiers, and by a sign on the subject land.
Summary of Objection
The objector believes that the proposed dwellings are adding to the oversupply of commercial accommodation which is impacting on the viability of accredited tourism operators. The objector also states that long term accommodation is what Halls Gap really needs. Please refer to the Assessment Report for further discussion.
Under the Planning and Environment Act 1987, Section 57(2A) “the responsible authority may reject an objection which it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector”. In this instance, the objection could be considered to fall under this category.
Even though the objection is considered to fall under this category, it was decided that the application should be considered by Council due to the type of development and to highlight the difference between ‘Dwelling’ and ‘Accommodation’.
Definitions are as follows:
Accommodation - Land used to accommodate persons.
Dwelling - A building used as a self contained residence which must include: a) a kitchen sink; b) food preparation facilities; c) a bath or shower; and d) a closet pan and wash basin. It includes out-buildings and works normal to a dwelling.
The planning application itself states that the proposal is for ‘Dwellings’, and that is what the Planning Department has considered in this instance.
Once each of the proposed lots are sold, there is no control as to what the owners propose to use the dwellings for, however, planning permission should be sought for the use of ‘Accommodation’. A note is to be inserted on the proposed planning permit.
Mediation A mediation meeting was not considered necessary in this instance.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
56
Officer’s Declaration of Interest
Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.
Planner - Jodie Senior In providing this advice as the Planner, I have no disclosable interests in this report.
Attachments
9.12.1 Assessment Report 5.2015.38.1
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
57
10. NOTICES OF MOTION OR RESCISSION
10.1 Notice of Motion 1/2015
I, Councillor Wayne Rice
hereby give notice that at the next appropriate meeting of the Northern Grampians Shire Council, I will move that:
"That the Northern Grampians Shire Council write to all members of the Victorian Parliament expressing concern over the Victorian crimes act 1958, section 45, paragraphs 3 and 4c & call for an immediate change making it illegal for any person under the age of 17 entering into marriage."
RESOLUTION
That the Northern Grampians Shire Council write to all members of the Victorian Parliament expressing concern over the Victorian Crimes Act 1958, section 45, paragraph 4c and call for an immediate change making it illegal for any person under the age of 17 entering into a marriage.
Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop
THE RESOLUTION WAS PUT & LOST
11. REPORTS FROM COUNCILLORS/COMMITTEES
Councillors provided brief reports on their activities on behalf of Council since the last Council Meeting.
Cr Reid spoke about the Grampians Business Awards evening and success of local businesses.
12. URGENT BUSINESS
Cr Hyslop asked if the matter of the Pomonal Landfill could be considered as Urgent Business.
Cr Hyslop asked if the matter of a letter of congratulations could be considered as Urgent Business.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
58
RESOLUTION
That the items as listed be considered as Urgent Business.
Moved: Cr Wayne RiceSeconded: Cr Kevin Erwin Carried
12.1 Pomonal Landfill Site
That Council writes a letter to the Environmental Protection Authority (EPA) expressing strong concern at the amount of rubbish escaping from the Pomonal landfill site.
Moved: Cr Karen HyslopSeconded: Cr Wayne Rice Carried
12.2 Letter of Congratulations - Parks Victoria
That Council sends a letter of congratulations to Parks Victoria for their win in the 2015 National Disability Access Award for its trail rider program.
Moved: Cr Karen HyslopSeconded: Cr Jason Hosemans Carried
13. PUBLIC QUESTION TIME
Nil
14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989
A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following :
(a) Personnel matters;(b) The personal hardship of any resident or ratepayer;(c) Industrial matters;(d) Contractual matters;(e) Proposed developments;(f) Legal advice;(g) Matters affecting the security of Council property;(h) Any other matter which the Council or Special Committee considers
would prejudice the Council or any other person;(i) A resolution to close the meeting to members of the public.
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
59
14.1 Contract No. C9 2014/15 - Supply of Gravel (Unsealed) Pavement Material
RESOLUTION
That items 14.1 be considered in Closed Council as it deals with confidential matters as detailed in section 89 of the Local Government Act 1989.
Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried
RESOLUTION
That the meeting be closed to consider the items listed pursuant to section 89(2) of the Local Government Act 1989.
Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried
Northern Grampians Shire CouncilOrdinary Council Meeting – 7 December, 2015
60
OPEN COUNCIL
The Chief Executive Officer reported that the following decisions had been made in Closed Council.
14.1 To award Contract C9 2014/15- Supply of Gravel (unsealed) Pavement Material to: Jamak Pty Ltd (t/as Grampians Excavations & Soil Yard) Forest Springs Holding Pty Ltd (t/as M. C. Dean Earthmoving) S. T. Hamilton & Sons Constructions Pty Ltd
15. CLOSE_
There being no further business the Mayor declared the meeting closed at 7.40pm.
Confirmed
Cr Murray Emerson Mayor
Date: 1 February, 2016