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					             THESE MINUTES CONTAIN REPORTS DEALT WITH AT A MEETING OF
           COUNCIL WHERE THE MEETING WAS CLOSED TO THE PUBLIC - REPORTS
              ARE FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTION

                        MELTON SHIRE COUNCIL
       MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL
     CHAMBER, CIVIC CENTRE, MELTON ON 27 JUNE 2005 AT 7.00 PM

PRESENT

Cr Sophie Ramsey                (Mayor)
Cr Deborah Warren               (Deputy Mayor)
Cr Garry Stock
Cr Renata Cugliari
Cr Bruce Rowan

Mr Neville Smith                (Chief Executive Officer)
Mr Kelvin Tori                  (General Manager)
Mr Luke Shannon                 (General Manager)
Mr Maurie Heaney                (General Manager)
Mr Peter Bean                   (Administration Manager)
Mr Alistair Walton              (Communications Co-ordinator)


1.    OPENING PRAYER AND RECONCILIATION STATEMENT

      Chief Executive, Neville Smith read the opening prayer and reconciliation
      statement.

2.    APOLOGIES

      Apologies were received from Cr Chris Papas and Cr Justin Mammarella, Cr
      Bruce Rowan advised he would be late


3.    DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR
      CONFLICT OF INTEREST OF ANY COUNCILLOR

      No pecuniary interests were declared.

Procedural Motion;

Crs Stock/Cugliari. That Standing Order be suspended to allow for the presentation
of Community Funding Program cheques.
                                                                        CARRIED

Procedural Motion;

Crs Stock/Cugliari. That Standing Order be resumed.
                                                                        CARRIED
4.   ADOPTION AND CONFIRMATION OF THE MINUTES OF PREVIOUS
     MEETINGS

     Crs Stock/Cugliari. That the minutes of the 23 May 2005 be confirmed as a
     true and correct record.

                                                                       CARRIED


5.   PETITIONS AND JOINT LETTERS

     Cr Stock tabled petition opposing the renaming of Burnside to Burnside
     Heights.


6.   RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER
     FROM A PREVIOUS MEETING

     Nil


7.   PUBLIC QUESTION TIME

          Robert Zwarteveen   - 2005/2006 Budget allocation of funds
          Robert Zwarteveen   - 5 knot speed zone, Melton Reservoir
          Wendy Bitans        - Sealing of Boundary Road
          Andrew Antoniou     - Environmental Enhancement Program
          Robert Height       - Noise emissions from proposed establishment
          Chris Touvanna      - Greigs Road Bridge
          Chris Touvanna      - Rockbank, water depressions
          Barbara Reithofer   - Subdivision Croxton Drive Kurunjang
          Kathy Burke         - Extension of bus route in Westlake Drive
          Kathy Burke         - Off street parking in Westlake Drive
          Brett Burquest      - Convenience store Carlyon Close Westlakes
          Cecilia Marson      - Parking in Carlyon Close Westlakes
          Daniel Bykersma     - Allocation of parking in Carlyon Close Westlakes
          Daniel Bykersma     - Operating times of convenience store, Westlakes
          Samantha Bykersma   - Developers marketing campaigns, Westlakes


8.   PRESENTATION OF STAFF REPORTS
                                    Index of Staff Reports
Item No.                                                                            Page No.


     1. APPLICATION FOR PLANNING PERMIT PA2004/304                                        9


           To consider an application for planning permit for buildings and
           works to an existing hotel and retail premises to allow for a new
           licensed theme bar with associated advertising signs and a reduction
           of car parking at 322-332 High Street, Melton.


     2. HILLSIDE COMMUNITY CONSULTATION                                                   24


           A community meeting was held at the Hillside Community Centre
           on Thursday June 2nd, 2005, to provide feedback to the community
           on a range of capital projects and a range of service delivery options
           within the Hillside are, and to respond to concerns identified in
           relation to the development of the Youth Activity Node are at the
           Hillside Reserve


     3. APPLICATION FOR TOWN PLANNING PERMIT PA2004/101                                   30


           To consider an application for a planning permit to construct three
           single-storey dwellings at the rear of an existing single-storey
           dwelling at 36 Kurrajong Crescent, Melton South.


     4. APPLICATION FOR PLANNING PERMIT NO: PA2004/359                                    39


           To consider a planning permit application for a four (4) lot
           subdivision of land at No. 31-33 Croxton Drive, Kurunjang.


     5. APPLICATION FOR PLANNING PERMIT NO: PA2004/363                                    49


           To consider a planning permit application for a two (2) lot
           subdivision of land at No. 39 Croxton Drive, Kurunjang.


     6. ADOPTION OF BUDGET FOR 2005/2006 AND DECLARATION OF RATES AND
        CHARGES                                                       58


           Having completed the public submission process for the proposed
           budget for 2005/2006, Council are now to proceed with
           consideration of the adoption of the budget and to declare the rates
           and charges for 2005/2006.
                                   Index of Staff Reports
Item No.                                                                           Page No.

     7. CALLANAN DRIVE FOOTPATH PETITION                                                    63


           To respond to the petition presented at the 23 May 2005 Ordinary
           Meeting of Council requesting the closure of the throughway at
           Callanan Drive, Melton South.


     8. MELTON PLANNING SCHEME - AMENDMENT                                 C43    WESTERN
        FREEWAY/LEAKES ROAD INTERCHANGE, ROCKBANK                                           66


           To consider the public submissions received following the exhibition
           of Amendment C43 to the Melton Planning Scheme to apply a
           Public Acquisition Overlay – Schedule 1 (PAO1) to protect and
           reserve land required for the proposed Western Freeway and Leakes
           Road interchange.


     9. PROVISION OF ARCHITECTURAL SERVICES FOR                   THE   CAROLINE SPRINGS
        INDOOR SPORTS STADIUM CONTRACT NO. 05/026                                           71


           Tenders have been advertised for the Provision of Architectural
           Services and Project Management for the development of the
           Caroline Springs Indoor Sports Stadium. This report is to inform
           Council that the tender assessment has been completed and a
           recommendation is presented to Council for consideration.


     10. APPLICATION FOR PLANNING PERMIT PA2005/450                                         75


           To consider an application for the development of two (2) dwellings
           on Lot 36 on PS510449H, 1 She Oak Court, Melton West.


     11. APPLICATION FOR PLANNING PERMIT NO. PA 2004/386                                    85


           To consider an application for planning permit for the use and
           development of the land at 41-45 Westwood Drive for garden
           supplies.


     12. APPLICATION FOR PLANNING PERMIT PA2005/485                                         95


           To consider an application for planning permit for the use and
           development of a convenience shop and associated dwelling at 1
           Carlyon Close, West Melton.
                                    Index of Staff Reports
Item No.                                                                            Page No.

     13. AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL                             105


           A schedule of documents requiring the Seal of Council is presented
           to Council for a resolution of authorisation.


     14. MELTON SHIRE COUNCIL'S PLAN 2005 - 2009                                          107


           This report is to present to the Council the final draft of the Melton
           Shire Council Plan 2005-2009 following the completion of the
           public submission process required under Section 223 of the Local
           Government Act 1989.


     15. APPLICATION FOR PLANNING PERMIT NO: PA2004/271                                   116


           To consider a planning permit application for the variation to a
           restrictive covenant and the development of two dwellings at 12
           Heather Court, Melton


     16. CONTRACT NO 05/030 EXFORD ROAD TRAFFIC MANAGEMENT WORKS                          127


           This report is to inform Council that the tender assessment for the
           Exford Road Traffic Management Works, Melton South has been
           completed and a recommendation is presented to Council for
           approval.


     17. CHILDREN'S SERVICES STRATEGY 2005-2008                                           131


           This report is to present to Council to the final draft of the Melton
           Shire Council’s Children’s Strategy 2005-2008.


     18. DRAFT OUTDOOR ADVERTISING POLICY AND GUIDELINES                                  135


           To seek Councils support for the public exhibition of the Melton
           Shire Council’s Outdoor Advertising Policy and Guidelines.


     19. LOCAL LAW NO 1 - PERMIT TO PLACE TABLES AND CHAIRS ON FOOTPATH 139


           For Council to determine on an application for a permit under Local
           Law No 1 from Midvale Forge Pty Ltd to place tables and chairs on
           the footpath adjacent to premises known as “Q-Lounge”, situated at
           the corner of McKenzie St and Smith St. Melton.
                                   Index of Staff Reports
Item No.                                                                         Page No.

     20. CONTRACT NO 05/033 – COBURNS ROAD DUPLICATION STAGE 1                         142


           To inform Council that the tender assessment for the Coburns Road
           Duplication Stage 1, West Melton has been completed and a
           recommendation is presented to Council for approval.


     21. BEST VALUE REPORT - HUMAN RESOURCES SERVICES                                  145


           To advise the outcome of the Review of Human Resource Services
           (HRS) in accordance with Council’s Best Value timetable.
           (Appendix 1)


     22. DRAFT POLICY AND GUIDELINES FOR THE DEVELOPMENT OF STORES AND
         OUTBUILDINGS.                                                 148


           To seek Council’s support for the public exhibition of the Melton
           Shire Council draft Policy and Guidelines for the Development of
           Stores and Outbuildings.


     23. CONTRACT NO 05/031 - PROVISION OF INTERNAL AUDIT SERVICES                     152


           To determine on awarding Contract No 05/031 – Provision of
           Internal Audit Services


     24. MUNICIPAL FIRE PREVENTION COMMITTEE                                           154


           To advise Council of the minutes of Municipal Fire Prevention
           Committee meetings held on 28 April 2005 (Special Meeting) and
           statutory meeting held on 24 May 2005.


     25. MUNICIPAL AUDIT COMMITTEE                                                     156


           This report advises Council of the minutes of the Municipal Audit
           Committee meeting held on 8 June 2005 and recommends actions
           emanating from the minutes.


     26. WESTLAKE PETITION                                                             158


           To inform Council of action taken in regard to a petition generated
           by the residents of the Westlake Estate at Melton West.
                                   Index of Staff Reports
Item No.                                                                         Page No.

     27. MUNICIPAL BUILDING SURVEYOR COUNCIL DELEGATION DECISIONS - 1
         JANUARY 2005 UNTIL 10 JUNE 2005                              162


           To inform Council of decisions made under delegation by the
           Municipal Building Surveyor for variations to setback and other
           requirements of the Building Regulations 1994.


     28. 2004/05 COMMUNITY FUNDING PROGRAM                                             165


           This report is to inform of the recommendations of the selection
           panels on the expenditure of 2004/2005 Community Funding
           Scheme.


     29. PROVISION OF TRADE SERVICES CONTRACTS                                         168


           Tenders have been advertised for the Provision of Trade Services
           Contracts. This report is to inform Council that tender assessments
           have been completed and a recommendation is presented to Council
           for consideration.


     30. SPEED CALMING TREATMENTS LICENSE ROAD DIGGERS REST PETITION                   174


           To respond to the petition presented at the 23 May 2005 Ordinary
           Meeting of Council, requesting immediate full community
           consultation regarding the proposed construction of speed calming
           treatments in License Road Diggers Rest.


     31. SPECIAL CHARGE LEVY FOR THE CONSTRUCTION OF SEWERAGE WORKS
         AT THE TOOLERN INDUSTRIAL PARK, ABEY AND FERRIS ROADS, MELTON 178


           This report is to “Propose the declaration of a Special Charge” for
           the defraying of the expenses associated with the construction of
           sewerage infrastructure works at the Toolern Industrial Park, Abey
           and Ferris Roads, Melton.


     32. SALE OF LAND 17-31 FERRIS ROAD, MELTON                                        185


           This report is brought into existence for the purpose of submission
           for consideration at a closed meeting of Council in accordance with
           Section 89(2) of the Local Government Act 1989.
                                   Index of Staff Reports
Item No.                                                                         Page No.

     33. MELTON TOWNSHIP YOUTH FACILITY                                                185


           This report is brought into existence for the purpose of submission
           for consideration at a closed meeting of Council in accordance with
           Section 89 (2) of the Local Government Act 1989.


     34. EXTENSION OF MELTON COUNTRY CLUB LEASE                                        185


           This report is brought into existence for the purpose of submission
           for consideration at a closed meeting of Council in accordance with
           Section 89(2) of the Local Government Act 1989.


     35. NEWSPAPER TENDER CONTRACT NO 05/029                                           185


           This report is brought into existence for the purpose of submission
           for consideration at a closed meeting of Council in accordance with
           Section 89 (2) of the Local Government Act 1989.
ORDINARY MEETING                                                              27 JUNE 2005

 ITEM NO 1                                                          FILE NO: 315/390
                                                                    Kate Barclay/kb




             APPLICATION FOR PLANNING PERMIT PA2004/304

PURPOSE OF REPORT:
To consider an application for planning permit for buildings and works to an existing hotel
and retail premises to allow for a new licensed theme bar with associated advertising signs
and a reduction of car parking at 322-332 High Street, Melton.


RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Decision to Grant a Permit for the
use and development of the land for the purpose of buildings and works to an existing
hotel and retail premises to allow for a new licensed theme bar with associated advertising
signs and a reduction of car parking at CA 8,9 & 10 on PC 360131N; 322-332 High Street,
Melton, subject to the following conditions:

1.    Before the use and development commences three (3) copies of amended layout
      plans must be submitted to and approved by the Responsible Authority. These
      plans must be generally in accordance with the original plans submitted but must be
      amended to show:

      a)     Full details of proposed signage, including wording, dimensions and colour
             scheme to be located on all elevations of the building.

      b)     A revised car parking layout deleting two car parking spaces on the south
             western boundary closest to the bar entrance.

      c)     A revised car parking layout in accordance with appendix B of the revised
             parking assessment report showing a total of 29 car parking spaces in the
             rear of the existing drive through bottle shop with associated „no entry‟ and
             directional signs.

      d)     Beautification works to the existing nature strip on the Unitt Street frontage to
             incorporate the deletion of the existing gravelled area and landscaping and
             bollards to prevent access into the naturestrip on the south western corner of
             Palmerston and Unitt Streets, and the provision of a sealed footpath to the
             satisfaction of the Responsible Authority.

      e)     Building construction with an acoustic design complying with the
             Environment Protection Act 1970 incorporating design to minimise the
             emission of noise from the site. Building requirements to prevent undue
             noise shall be submitted and approved to the Satisfaction of the Responsible
             Authority.




                                                                                      Page 9
ORDINARY MEETING                                                           27 JUNE 2005

     An endorsed copy of such plans will form part of this permit.

2.   The layout of the site and the size and internal layout of the buildings and works as
     shown on the endorsed plan must not be altered or modified without the written
     consent of the Responsible Authority.

3.   In the event of any noise complaints being received in relation to the proposed use,
     the owner of the land must engage a suitably qualified acoustic engineer to carry
     out noise testing and produce a report relating to noise emanating from the site,
     and its‟ compliance or otherwise of relevant EPA Noise guidelines or policies. The
     report must also make recommendations regarding measures to control noise, and
     the owner must implement those recommendations within three months of any
     noise complaints being received.

4.   The use of the premises must not be altered without the written consent of the
     Responsible Authority.

5.   The amenity of the locality must not be adversely affected by the activity on the site,
     the appearance of any building, works or materials, emissions from the premises or
     in any other way to the satisfaction of the Responsible Authority.

6.   Adequate signage must be provided directing patrons within the car park areas.
     This can be via line marking and road signage within the property.

7.   Where external lighting is provided it must be fitted with suitable baffles and located
     so as to prevent the emission of direct light onto adjoining properties or roadways to
     the satisfaction of the Responsible Authority.

8.   Drainage from the site is to be directed into the existing underground drainage
     system to the satisfaction of the Responsible Authority.

9.   Prior to the commencement of the use the area set aside for the parking of
     vehicles, together with associated access lanes as delineated on the endorsed plan
     must:
     a)     Be made available for such use
     b)     Not be used for any other purposes
     c)     Be properly formed to such levels that it can be used in accordance with the
            plans
     d)     Be clearly delineated on the ground
     e)     Be drained and sealed with an all weather seal coat
     f)     Be maintained continuously in a usable condition
     to the satisfaction of the responsible Authority.




                                                                                   Page 10
ORDINARY MEETING                                                             27 JUNE 2005

10.   All works affected by the new works shall be reinstated at no cost and to the
      satisfaction of the Responsible Authority.

11.   a)     The use hereby permitted for the Tavern (excluding the outdoor courtyard)
             must only operate between the following times unless otherwise approved
             with the written consent of the Responsible Authority.
             Monday to Thursday                 4.00pm to 12.00 midnight.
             Friday & Saturday                  12.00 midday to 3.00am the following day.
             Sunday                             12.00 midday to 11.00pm.

11.   b)     The use hereby permitted for the outdoor courtyard must only operate
             between the following times unless otherwise approved with the written
             consent of the Responsible Authority.
             Monday to Thursday                 4.00pm to 10.00pm.
             Friday & Saturday                  12.00 midday to 1.00am the following day.
             Sunday                             12.00 midday to 10.00pm.
12.   The times referred to in condition 11b (above) do not prevent entry to or exit from
      the courtyard area when leaving or entering the tavern.

13.   The loading and unloading of vehicles, and the delivery of goods to and from the
      premises, must, at all times, be carried out entirely within the site and be so
      conducted as to cause minimum interference with other vehicular traffic.

14.   Access for disabled persons between the parking area and the building must be in
      accordance with AS1428 - Design for Disabled Access.

15.   Provision shall be made for disabled access into the centre and toilet facilities to the
      satisfaction of the Responsible Authority.

16.   The owner, occupier and/or manager must make every endeavour to ensure that
      customer, patron or visitor‟s vehicles are parked within the site and not on the
      street.

17.   No additional sign or advertisement is to be erected or displayed without a further
      planning permit being granted by the Responsible Authority, unless in accordance
      with the Melton Planning Scheme.

18.   No illumination, flashing, intermittent or changing colour lights must be displayed
      with the advertising signs hereby approved.
19.   The operation of this use must at all times be in accordance with the State
      Environment Protection Policy (Control of Noise from Commerce, Industry and
      Trade) No. N-1.
20.   Noise levels emanating from the premises must not exceed those required to be
      met under State Environment Protection Policy (Control of music noise from public
      premises) No. N-2.




                                                                                     Page 11
ORDINARY MEETING                                                              27 JUNE 2005

21.     No sound shall be emitted from any device or from any source or activity so as to
        become a nuisance to occupiers of adjoining properties or impair or impinge upon
        the amenity of occupiers of properties within the near vicinity to the satisfaction of
        the Responsible Authority.

22.     The following requirements of VicRoads must be met:

        a)    The signage shall not be animated, reflective, dynamic or flashing.

        b)    Any sign, including appurtenances such as lighting must be erected within
              the property line and must not obstruct a driver‟s line of sight at a corner or
              bend, or between roads at a junction or any point of egress.
23.     This permit will expire if the use and development is not commenced within 2 years
        of the date of issue and completed within 4 years from the date of issue. An
        extension of time may be sought in writing up to three months after the expiry of the
        permit.

Notes

1.      The building must comply with the Building Regulations and the Building Code of
        Australia.

2.      The development must comply with all aspects of the Health Act 1958, Food Act
        1984, Food Premises Code, Health (Infectious Diseases) Regulations 1990 and
        Health (Fire Prevention) Regulations 1984.

Crs Stock/Cugliari. That the recommendation be adopted.
                                                                                    CARRIED




REPORT
1.    Background
      Executive Summary

      The application is to use and develop the land at 322 – 332 High Street, Melton for
      the purpose of buildings and works associated with existing hotel and retail premises
      to allow for a new licensed theme bar with associated advertising signs and reduction
      of car parking.

      Public notice of the application was given, and four (4) objections have been
      received. The objections relate to the possible noise issues associated with the bar
      and proposed beer garden, vandalism associated with patrons leaving the pub,
      additional late night traffic, increased parking around the vicinity of the site and
      residential homes and the lack of available parking in the vicinity of the site.




                                                                                     Page 12
ORDINARY MEETING                                                          27 JUNE 2005

   The proposal is a permitted use in a Business 1 Zone. Having considered the
   proposal, the objections received and the provisions of the Melton Planning Scheme,
   Councils‟ support for the proposal is warranted on the basis that the proposal is
   consistent with relevant State and Local Planning Policy, and provides for an
   appropriate use within the High Street Shopping strip. The application should
   therefore be supported.

   Council previously deferred consideration of this application at its‟ meeting of 23 May
   2005 pending further advice related to car parking and traffic. Further information has
   now been received, which will enable Council to make a decision on the application,
   and this is detailed below.

   Parking assessment report:

   The applicant has provided a parking assessment report prepared by Grogan
   Richards identifying peak times for the existing Mac‟s Hotel and the expected
   patronage rates at the proposed Irish Bar.

   The anticipated parking demand for the Irish theme bar is intended to predominantly
   attract patronage on Friday and Saturday evenings in line with other similar bars
   established by the applicant. It is anticipated that increased patronage associated
   with the proposal will generate parking demands on Friday and Saturday evenings
   generally after 9.00pm.

   The subject site provides for 80 on site car parking spaces. The applicant has
   provided a parking assessment report that surveyed the surrounding area for parking
   demand and patronage levels. The report can be summarised as follows:

   i)    The peak demand for car parking on site occurred on Friday at 12.30pm where
         80 vehicles were parked on the premises and 1.00pm, and on Saturday at
         6.30pm and 7.00pm where 71 car spaces were occupied. The lowest demand
         occurred at 1am on Sunday when 20 vehicles were parked on-site.

   ii)   When the car park was full at lunch time on Friday, on street car parking
         observed to be available on Friday at 12.30pm was 113 and 101 on-street
         parking spaces respectively were vacant in close proximity to the hotel.

   Throughout the two peak nights surveyed when the new Irish bar is expected to
   attract grater patronage, the minimum number of vacant spaces on-site was 4, which
   occurred at 8.00pm on Friday with the minimum number of vacant spaces for
   Saturday being 19 spaces also at 8.00pm.

   Observations indicated that after 9.00pm on peak Friday and Saturday evenings,
   there are respectively 42 and 48 vacant spaces available in the existing hotel car
   park that can be taken up by patrons attending the proposed Irish bar.




                                                                                 Page 13
ORDINARY MEETING                                                          27 JUNE 2005

   A net total of 441 spaces are provided on street within the vicinity of the proposed bar
   and are accumulated from the following areas:

        High Street for 300m (including West and East of Palmerston Street).
        Unitt Street (including West and East of Palmerston Street).
        Palmerston Street for 200m (incorporating between High & Unitt Street and
         High & McKenzie Street)

   On street peak parking demand on Friday at the peak times identified above show
   between 98 and 113 available parking spaces within this period. On street peak
   parking demand on Saturday at the peak times identified above show between 239
   and 247 available parking spaces within this period.

   The on street parking vacancies shown above indicate that there is ample on street
   parking opportunity to fully accommodate the remainder of the anticipated peak
   parking demand of 70 to 76 vehicles likely to be generated by the proposed Irish bar
   that are within convenient walking distance of the site.

   The car parking assessment undertaken by Grogan Richards on behalf of the
   applicant identified that peak demand on the existing car parking is on Friday at
   12.30pm – 1.00pm where 80 vehicles were parked on the premises, and on Saturday
   at 6.30pm and 7.00pm where 71 car spaces were occupied. The lowest demand
   occurred at 1am on Sunday when 20 vehicles were parked on-site.

   The bar is to operate between the following times:

        Monday to Thursday            4.00pm to 12.00 midnight.
        Friday & Saturday             12.00 midday to 3.00am the following day.
        Sunday                        12.00 midday to 11.00pm.

   Given the expected peak patronage of the bar is after 9.00pm the demand on parking
   will not be an issue as the times are outside those indicated as peak times as shown
   in the survey findings.

   It is also noted that the proposed bar does not provide food serving facilities
   associated with the parking demands as indicated with the existing Mac‟s Hotel and
   the lunch and dinner facilities currently provided on this site. There is adequate on
   street parking available within 100m of the site that is not considered an
   unreasonable walking distance.

   Other parking options:

   Options including the provision of parking on another site in lieu of that not provided
   with the development are not considered appropriate. There are not considered to be
   any suitable sites to undertake additional car parking provisions that would benefit
   the subject land or within its immediate vicinity.

   The requirement to upgrade the existing naturestrip on the corner of Palmerston and
   Unitt Streets is considered of greater benefit to the appearance of the locality as
   opposed to providing additional hard surface car parking in this area.



                                                                                  Page 14
ORDINARY MEETING                                                           27 JUNE 2005

   Car Parking Precinct Plan for High Street:

   Hyder Consulting is currently undertaking a car parking assessment for Council to
   assist in the long term Strategic directions for the Melton High Street Activity Centre
   Plan. The parking assessment will form part of the overall package in response to the
   High Street Activity Centre precinct.
   The application at hand is current and the findings from the study are not expected
   for in excess of three months. The findings as indicated above would not be
   assessed in isolation. They will form part of the overall strategic vision for the High
   Street Activity Centre (i.e. Future land use, strategic investigation sites, urban design
   treatments, etc.) Given the time to finalise this project and receive comments and
   Council endorsement, its finalisation should not be relied upon to assist applications
   currently before Council.

   Conclusion

   It is considered, based on the traffic/car parking analysis that enough car parking
   exists on site and in the surrounding location to support the development.

    Application:             PA2004/304
    Applicant:               Parkinson Design Pty Ltd, on behalf of ALH Group Pty Ltd.
    Property/Location:       CA 8,9 & 10 on PC 360131N; 322-332 High Street, Melton
    Zoning:                  Business 1 Zone
    Overlay/s:               No overlay controls apply to the land.

   The Land

   The subject site is located on the northern side of High Street; the site is bounded by
   Palmerston Street to the east and Unitt Street to the north. The site has a 60.35m
   frontage to High Street and a depth of 100.81m with a total area of 6084m2.

   The subject site contains the existing Macs Hotel complex with ancillary drive through
   bottle shop and associated car parking. Access into the existing site is via the bottle
   shop off Palmerston Street, an entry and exit point off Unitt Street, a one-way internal
   road with access onto the High Street service Road and an entry and exit point into
   the car park fronting High Street. An internal road divides the existing hotel complex
   and the existing vacant retail shop to be used for the development.

   Refer to Appendix 1 for a locality plan

   The Application

   The proposal involves the redesign of the existing shop area, adjacent to the hotel, to
   provide a new „Irish‟ theme lounge area, the redesign of the existing elevations to
   provide new façade detail and signage, approval of hours of operation and liquor
   licence for the bar.

   The existing Macs Hotel will be unaltered and no access is to be provided into the
   existing Macs Hotel from the bar or courtyard areas.




                                                                                   Page 15
ORDINARY MEETING                                                        27 JUNE 2005

   The following internal and external alterations are involved:

   External works to the façade on High Street, north-west and north east elevation of
   the building include:

        Existing glazed gable windows to be sheeted out and battened with new
         merbeau decking.
        New gold painted – non-illuminated signage on existing fascia painted black.
        New feature moulded columns to new entry, with corbelled column heads.
        New doors to existing opening on High Street.
        New colonial bars to existing windows.
        New infill panels to lower section of existing windows.
        New Steel framed clear glazed screens to courtyard enclosure with entry
         doors openable on the High Street end of the courtyard.
        New all weather umbrellas with internal heaters and lighting to courtyard area.

   Internal Works to the existing vacant premises include:

        Toilet facilities for staff and patrons.
        Storage and loading bay area at the rear of the site.
        Liquor servery area,
        Internal fit out of tables, booths, chairs etc.

   Advertising Signs

        Signage will be incorporated into the fascia of the new building incorporating
         „Flanagan‟s‟ corporate signage. The signage will be gold lettering on black
         background. Signage lettering will be approximately 350mm high, the oval
         signs will be approximately 1200mm x 600mm. The signage detail is
         indicative, a permit condition will require further signage detail.
        The signage will not be illuminated, lighting for the signage will be via para
         floodlight lighting only.
        The façade of the building fronting High Street will provide two (2) banner
         signs attached to the façade with dimensions of 1400mm x 500mm.

   The Use

   The subject site is to be used for the purposes of a theme lounge. The proposed
   themed lounge area is to operate between the following hours and is required to be
   liquor licensed for these hours:

        Monday to Thursday            4.00pm to 12.00 midnight.
        Friday & Saturday             12.00 midday to 3.00am the following day.
        Sunday                        12.00 midday to 11.00pm.

   No details have been provided in relation to the use of the courtyard area after
   certain hours, it is considered appropriate to restrict the time available to use the
   courtyard area due to noise issues associated with the outdoor area.




                                                                               Page 16
ORDINARY MEETING                                                              27 JUNE 2005

   It is noted that the following facilities are used within the times listed below:

   Q Lounge:

   Sunday                                10.00am to 1.00am the following morning
   Good Friday & Anzac Day               12 noon to 1.00am the following morning
   On any other day                      9.00am to 1.00am the following morning

   Pure Bar & Niteclub:

   Sunday to Wednesday                   1.00pm to 3.00am the following morning
   Thursday to Saturday                  1.00pm to 5.00am the following morning
   Good Friday & Anzac Day               1.00pm to 12 midnight
   Christmas Day & New Years Day         1.00pm to 5.00am the following morning

   Golden Fleece Hotel:

   Public Bar area
   Good Friday & Anzac Day               12 noon and 1.00am the following day
   On any other day                      7.00am to 3.00am the following day

   Macs Hotel:

   In the gaming room
   On any day                            7.00am to 7.00pm except for the mornings of
                                         Good Friday & Anzac Day when trading ceases at
                                         5.00am.

   In the remainder of the premises

   Sunday                                7.00am to 1.00am the following morning
   Good Friday & Anzac Day               7.00am to 1.00am the following morning
   Monday to Wednesday                   7.00am to 1.00am the following morning
   Thursday to Saturday                  7.00am to 2.00am the following morning

   It is considered that the proposed hours of operation for the theme bar are
   appropriate and accord with the times listed above for other entertainment facilities
   within the High Street precinct. The proposed theme bar times are not considered
   excessive. The outdoor courtyard area will be restricted, which will minimise the
   noise levels associated with the bar.

   A condition requiring the applicant to provide an acoustics report in relation to the
   noise levels and implement measures in order to contain noise within the premises
   when music and associated bands are playing will be added to any permit that may
   issue.

   Car parking is to be provided at the rear of the existing site. Currently 38 spaces are
   provided in the rear of the existing retail premises and 4 spaces are located into the
   existing land on High Street. In addition to the signage in the area, the Macs Hotel
   provides additional car parking on site in the rear of the bottle shop and in the front of
   the hotel on the High Street frontage.


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ORDINARY MEETING                                                            27 JUNE 2005

     Car parking can be calculated using the Tavern car parking requirements at a rate of
     60 car spaces per 100sqm of bar floor area available to the public and 30 car spaces
     per 100sqm of lounge floor area available to the public.

     On the above requirements car parking should provide for the following:

          330sqm of bar floor area available to the public (minus the liquor servery) =
           198 spaces.
          90sqm of lounge floor area incorporating outdoor seating = 27 spaces.

     A total of 225 car spaces would be required under the provisions of Clause 52.06 of
     the Melton Planning Scheme. There is an overall short fall of 187 car spaces taking
     the provisions of Clause 52.06 into consideration for the car parking requirements for
     a tavern. However, given the previous retail use of the building, a car-parking offset
     of 8 spaces per 100 square metres of floor area would also apply to the land. Given
     the floor area of the building is approximately 300 square metres, an additional offset
     of 24 car parking spaces applies, meaning that in reality, the proposal is 163 car
     spaces deficient rather than 187 car spaces.

     The existing Macs Hotel provides for 42 car spaces, with 22 car spaces in the rear of
     the site and 20 car spaces in the front. A revised plan has been submitted in relation
     to the existing car parking on site showing the re-design of the existing Macs car park
     in the rear to provide to an overall net gain of 7 car spaces to provide a car park with
     greater usability and manoeuvrability. In order for a service vehicle to enter the rear
     of the bar site two (2) car spaces will be required to be deleted off the plan to enable
     the service vehicle to enter and exit the site in a forwards direction and to provide
     safe movements on and off the site.

     The proposed use of land for the theme bar although providing a short fall in car
     parking spaces is considered to accord with the character of the area and the
     existing parking provisions in the vicinity of High Street.

     Uses within the High Street precinct are lacking in on-site car parking and Council
     has set a precedent for similar uses in the area by waiver of car parking
     requirements. in particular in 2003 Council waived 191 car parking spaces for Q
     Lounge who provide no on-site car parking. It would be inconsistent of Council to
     refuse the application on this basis.

     The predominant use of the site will be after peak workday hours. The application
     provides for 36 on-site car spaces which is considered adequate given the times and
     days of operation of the proposed use.

     Refer to Appendix 2 for plans of the proposal


2.   Corporate Planning Reference and Policy Reference
     The Corporate Plan refers to the need to:

     Sustain Melton‟s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities, and to create a healthy,
     active and safe community with equitable access to a range of quality services.


                                                                                    Page 18
ORDINARY MEETING                                                             27 JUNE 2005


3.   Financial Considerations
     No Council related financial considerations are involved with the application.

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing a sign on the land for a period of 14 days.
     A total of four (4) objections were received in relation to the application.

     The issues raised in the objections can be summarised as follows:

            Possible noise issues associated with the bar and proposed beer garden.
            Vandalism associated with patrons leaving the pub.
            Additional late night traffic.
            Increased parking around the vicinity of the site and residential homes and the
             lack of available parking in the vicinity of the site.

     A response to the grounds of objection will be provided later in the report.

     Referral of the application

     The application was referred to the following authorities/Departments of Council and
     the following responses received:

         Authority / Department        Response
         Engineering Services          No objections. Conditions to be placed on permit.


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Residential One Zone.
     No overlays apply to the land.

     State Planning Policy Framework (SPPF)

     A number of State and Local Planning Policies are relevant in the assessment of the
     application and these include:

            Planning for Urban Settlement (Clause 14.01);
            Noise abatement (Clause 15.05);
            Activity Centres (Clause 17.01);
            Business (Clause 17.02);




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ORDINARY MEETING                                                             27 JUNE 2005

   The Planning for Urban Settlement Policy at Clause 14.01 of the Melton Planning
   Scheme has its‟ objective in ensuring that there is a sufficient supply of land available
   for residential, commercial, industrial, recreational, institutional and other public uses,
   and to facilitate the orderly supply of development in urban areas.

   The proposal is consistent with this State Policy as the proposal makes good use of
   an existing building used previously for commercial purposes, and is within the
   commercial strip of High Street. The Business zoning of the land is the most
   appropriate for this type of use.

   The Noise Abatement Policy at Clause 15.05 of the Melton Planning Scheme aims to
   assist the control of noise effects on sensitive land uses. It is not expected that the
   proposed use will create any detrimental noise affects on surrounding sensitive land
   uses, and appropriate conditions requiring compliance with relevant EPA Noise
   policies can be placed on the permit. The proposal is consistent with the State Noise
   Abatement Policy.

   The Activity Centres Policy at Clause 17.01 of the Melton Planning Scheme aims to
   encourage the concentration of major retail, commercial, administrative,
   entertainment and cultural developments into activity centres (including strip
   shopping centres), which provide a variety of land uses and are highly accessible to
   the community. Similarly, the Business Policy at Clause 17.02 of the Scheme aims to
   encourage developments, which meet the community‟s needs for retail,
   entertainment, office and other commercial services and provide net community
   benefit in relation to accessibility, efficient infrastructure use and the aggregation and
   sustainability of commercial facilities. The proposal is an appropriate use for the land
   and will build upon the Activity Centre and Business function that the High Street
   Strip Shopping Centre plays for the Melton Township. In this regard, the proposal is
   consistent with the Activity Centre and Business policies in the Scheme.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.04-1 of the Melton Planning Scheme forms part of Councils‟ Municipal
   Strategic Statement and sets Councils‟ vision for the future strategic direction of the
   Melton Township. It is Councils‟ objective to continue to develop Melton as the pre-
   eminent civic, employment, education and retail centre. In particular, the High Street
   shopping strip is to act as a sub-regional centre, which will be preserved as Melton‟s
   centre for business, civic and professional services. The use of land will help to fulfil
   Councils‟ aims of maintaining the High Street Shopping strip as the main activity area
   in the region.




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ORDINARY MEETING                                                            27 JUNE 2005

   Local Planning Policies

   The Employment Policy at Clause 22.05 of the Melton Planning Scheme aims to
   create an environment conducive to economic growth and wealth generation, and
   aims to provide a range of employment opportunities for a variety of skill levels and
   qualifications. The proposal is consistent with this policy, as it will create employment
   opportunities for hospitality staff and other related professions. Overall, it is
   considered that the proposal is consistent with the relevant State and Local Planning
   Policies.

   Business One Zone

   The site is within a Business 1 Zone under the jurisdiction of the Melton Planning
   Scheme, and is not affected by any overlay controls. Pursuant to Clause 34.01 of the
   Melton Planning Scheme, a permit is required to use the land for the theme bar.

   A permit is also required for the liquor licence and dispensation of car parking.
   Buildings and works approval is required for the alteration components to the facades
   of the building and the works associated with the theme bar in addition to the
   advertising signs being constructed.

   The Business 1 Zone encourages the intensive development of business centres for
   retailing and other complementary commercial, entertainment and community uses. It
   is considered that the proposal is consistent with the objectives of the Business 1
   Zone given the proposed use, and its‟ locality at the periphery of the High Street
   Shopping strip.

   Comment

   When assessing the application, Council must have regard for the proposal before it
   and its‟ consistency with the parameters of the Melton Planning Scheme, including
   the relevant State and Local Planning Policies, zoning provisions, as well as the
   objections received.

   The use of the land, and alterations to the existing building on the site is considered
   appropriate. The proposal is a complimentary use of the existing land within a
   Business 1 Zone.

   The previous commercial use of the land has led to the erection of the existing
   building on the site, as well as the existing car parking provision. The use is not
   expected to be detrimental to the amenity of the locality, and in particular the more
   sensitive residential land uses adjacent to the site. The site is well located in terms of
   its‟ proximity to the High Street Shopping strip, and will provide an additional
   entertainment and recreational facility for residents.




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ORDINARY MEETING                                                           27 JUNE 2005

   Objections

   The following comments are made in relation to concerns raised by the objectors that
   have not already been addressed above:

        Insufficient car parking and impact of traffic on residential homes and
         additional late night traffic.

         Although the requirement for car parking exceeds that to be provided on the
         site for the proposed use, it is considered that there is sufficient on-site and
         off-site car parking spaces and access to cater for the proposal. The site will
         provide 36 car spaces. In addition, the peak times of use for the Irish Bar are
         expected to be after 9.00pm on Fridays and Saturdays when there will be less
         demand for on-street car parking as most other businesses in the High Street
         precinct will have closed.

         Councils‟ Engineering Department have not raised the number of on-site car
         parking spaces as an issue, and has not advised that the proposal is deficient
         in this regard. Comments were provided in relation to the car parking location
         and access into the site via Unitt Street. Appropriate permit conditions are to
         be attached to any permit issued in relation to these concerns.

         Given the number of on-site car parking spaces and existing access, the
         availability of public transport and characteristics of the use, it is not expected
         that there will be any problems with car parking or access on the site.

        Noise issues associated with the bar and proposed beer garden and
         vandalism associated with patrons leaving the bar.

         This is probably the major issue that could lead to potential detriment to
         adjoining land. The buildings, and most car parking and landscaping areas
         already exist on the site. Only minor alterations are proposed to the building
         and car parking areas. It is not expected that the proposal will result in
         detrimental off-site impacts for adjoining residential areas.

         Permit conditions can protect the amenity of sensitive land uses and will
         include limits on hours of operation, baffled lighting and noise in accordance
         with EPA standards. A condition requiring the applicant to provide an
         acoustics report in relation to noise and to implement construction methods to
         minimise the noise associated with the premises will be a requirement of the
         granting of this permit.

         Contact with Inspector Payne from the Melton Police was made in relation to
         the proposed use of the land for the new theme bar. Inspector Payne stated
         that he does not provide comments on uses prior to the application of a liquor
         licence with Liquor Licensing Victoria. Melton Police will be contacted when a
         Liquor Licence application is made and comments will be provided at stage in
         relation to the associated noise and amenity impacts on the surrounding
         neighbourhood. Inspector Payne did not provide any comments on the
         application other than that he has not had any troubles with the existing Macs
         Hotel on the site.


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ORDINARY MEETING                                                         27 JUNE 2005


6.   Options
     Council (as responsible authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.

7.   Conclusion
     Having considered the proposal against the relevant provisions of the Melton
     Planning Scheme, the submissions received and the locational characteristics of the
     site, it is considered that support for the proposal is warranted and that Council
     should issue a Notice of Decision to Grant a Permit for the proposal.

     The site represents an ideal location for this type of use, given that it is at the
     periphery of the High Street Shopping strip, has sufficient car parking and good
     access to public transport. The proposal accords with the State and Local Planning
     policies and Councils‟ Municipal Strategic Statement.




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ORDINARY MEETING                                                            27 JUNE 2005


 ITEM NO 2                                                FILE NO: 70/10/320
                                                          Tony Ball / mm



                     HILLSIDE COMMUNITY CONSULTATION

PURPOSE OF REPORT:

A community meeting was held at the Hillside Community Centre on Thursday June 2 nd,
2005, to provide feedback to the community on a range of capital projects and a range of
service delivery options within the Hillside are, and to respond to concerns identified in
relation to the development of the Youth Activity Node are at the Hillside Reserve



RECOMMENDATION:
1.    That Council receive and note this report;

2.    That the Hillside Youth Activity Node works proceed;

3.    That upon completion of the skate facility landscaping treatments be undertaken to
      enhance the amenity of the reserve;

4.    That the concerns identified at the community meeting be taken into consideration
      in the ongoing development in the Hillside Reserve;

5.    That a copy of this report be sent to the participants of the Hillside community
      meeting;

6.    That issues be forwarded to relevant departments and an update be sent to the
      meeting participants in November 2005;

7.    That the petition received in relation to Caroline springs at the meeting be taken into
      consideration in the development of the Caroline Springs Town Centre Community
      Youth Activity Node.




                                                                                    Page 24
ORDINARY MEETING                                                              27 JUNE 2005


Motion

Crs Stock/Cugliari.

That

1.      That Council receive and note this report;

2.      That the Hillside Youth Activity Node works proceed;

3.      That upon completion of the skate facility landscaping treatments be undertaken to
        enhance the amenity of the reserve;

4.      That the concerns identified at the community meeting be taken into consideration
        in the ongoing development in the Hillside Reserve;

5.      That a copy of this report be sent to the participants of the Hillside community
        meeting;

6.      That issues be forwarded to relevant departments and an update be sent to the
        meeting participants in November 2004 and June 2005;

7.      That the petition received in relation to Caroline springs at the meeting be taken into
        consideration in the development of the Caroline Springs Town Centre Community
        Youth Activity Node.

8.      Council provide low impact lighting to the carpark at a cost of no more than
        $5,000.00, in conjunction with the Skate Park works.
                                                                                    CARRIED




REPORT
1.     Background
       In April 2004, a community meeting was held at the Hillside Community Centre to
       discuss the opportunity for a Hillside Youth Activity Node, incorporating a low-level
       skate/BMX facility. This meeting was not well attended, with approx. 8 people
       participating. This meeting agreed with the development of a Youth Activity Node
       (Skate/BMX facility) being a positive attribute to the Hillside area. The lack of
       passive recreational space in the Hillside area had been identified in numerous youth
       consultations. The area‟s high population of young people, and the lack of positive
       places for young people to meet and socialise within their community, led to the
       development of this project.

       Upon construction of the work, which commenced in April 2005, some local residents
       became concerned that they were unaware of the nature of the construction, and
       believed the consultation process had not been comprehensive enough to represent
       their views.


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ORDINARY MEETING                                                              27 JUNE 2005

     Following discussion with a number of these residents, it was resolved to hold a
     Hillside Community Meeting. This meeting was to provide an opportunity for a report
     back to the community on a number of projects and to address and provide
     information in relation to the development of the Youth Activity Node. This meeting
     was held on June the 2nd, 2005, commenced at 7pm. The meeting was chaired by
     Mayor Cr Sophie Ramsey and with Councilor Renata Cugliari and Deputy Mayor Cr
     Deborah Warren also in attendance. A number of council officers also participated in
     the meeting and provided reports on a number of issues.

     These included the sealing of the car park area at the Hillside Reserve, the provision
     of the oval lighting for sporting events on the Hillside Oval, the provision of additional
     rubbish bins at the Hillside Reserve, the development of a community facility within
     the Banchory Grove area, and the development of the Youth Activity Node.

     In addition a brief report was also provided in relation to the delivery of services from
     Council‟s Community House Program, Youth Services Area, Family and Children
     Services Area, and the evening also included feedback on the development of
     Council‟s Community Safety Plan, including the opportunity for input.

2.   Community Planning Reference and Policy Reference
     A healthy, active and safe community with equitable access to a range of quality
     services

     A caring community that embraces diversity and values participation.

     An active community, with leisure and culture choices and opportunities

     Service planning and delivery that is accessible and relevant to community needs

     Sustain Melton‟s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities

     A range of open space choices and opportunities accessible to the community

     Roads, paths, drains, parks, community facilities and other infrastructure that is
     responsive to community growth, safety, social and economic development and
     environmental sustainability

     Attractive and safe community facilities that enable maximum usage

3.   Financial Considerations
     The capital funds for the development of the Youth Activity Node were identified in
     Council‟s 2004/2005 Budget. Council will attract additional costs if any substantial
     change to the project occurs and is committed under contract to the current works.




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ORDINARY MEETING                                                            27 JUNE 2005


4.   Consultation/Public Submissions
     A wide range of issues arose on the night including the clear articulation that people
     believed the process by Council to consult initially has been inadequate. The overall
     mood of the meeting was positive and people were respectful of the varying views
     expressed on the night. A number of young people, older people and young families
     attended the night and a list of issues identified follows below. A number of these
     issues are the subject of ongoing work, and were able to be addressed on the night
     or immediately following the Community Information night.

     The majority of people attending the meeting were in favor of the Youth Activity Node
     proceeding. Primary concerns identified in relation to the Skate/BMX facility is the
     closeness to some residential properties i.e. across the road, and concerns that
     rubbish and potentially dangerous good may be spread from the Skate area into the
     playground utilized by the local playgroups and/or into nearby properties.

     The option of involving the Community in a range of Community Safety Strategies
     was widely explored as well as the option of improving the communication between
     Council and resident both via local paper delivery and response through Council
     Customer Services Unit was also discussed. The issue of increased vandalism or
     perceptions of increased vandalism was discussed and the monitoring of Council‟s
     ability to respond promptly.

     In addition prior the meeting Council received a petition seeking no skate park for
     Bellevue Hill. This was raised at the meeting and is attached to this report as
     Appendix 1.

     A further petition was submitted at the meeting that was in favor of skate park
     development however this primarily related to the Caroline Springs area and should
     be considered in the development of the town centre Community Youth Activity Node
     development identified in Council‟s 2005-06 draft budget. This petition is attached as
     Appendix 2.

5.   Issues
     1.    The option to increase the height if the fence between the playground and the
           Skate park.
           Response: include a mesh fence between playground to reduce risk of rubbish
           entering the playground, to be incorporated in park construction.

     2.    Request to develop an adventure playground in the Parks at Bellevue Land
           was promoted as a positive addition to the Hillside area;
           Response: this is to be explored with the developer through the planning area.

     3.    Concern was also expressed re: inconsistent newspaper delivery within the
           Hillside area;
           Response: This issue to be discussed by Council Communication unit to
           highlight the importance of local paper delivery across the entire municipality.




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ORDINARY MEETING                                                       27 JUNE 2005

   4.    Flood light use times for the existing football lighting and the new proposed
         lighting needs to be addressed;
         Response Leisure Services to meet and discuss with Football Club. Possibility
         of automatic timer to be explored.

   5.    The bus stop at the roundabout near Regency Drive and Beatty drive was
         raised. Bus stops apparently located in a landscaped area with no footpath
         access to the actual stop;
         Response to be investigated by Engineering Services to explore possible
         solutions.

   6.    A number of issues were related to driving – these included reckless driving
         within the Hillside Reserve car park, excessive speed in Royal Crescent and
         other roads around the area including some roads in the Parkwood Green
         area, and dangerous driving and lack of parking around the Belleview Hill
         Preschool.
         Response: That Council explore through its Engineering services area the
         possibility of introducing 40km zones around preschools, to parallel the
         process around primary and secondary schools. Also the Dob in a Hoon
         hotline is to be promoted and possible speed reduction option examined.

   7.    Evacuation plans to be located in the Hillside Community Centre in each
         room;
         Response: community infrastructure have placed additional signs in other
         rooms at the Hillside Centre,

   8.    Additional hinge guards required on the steel doors entering into the larger
         room, the store cupboard room, and the door outstanding in relation to the
         kitchen in the larger program room.
         Response: These guards have now been fitted.

   9.    There is some concern about vehicles cutting across lawn areas near the
         playground in order to access entry to and around the oval for football games
         Response: Community Infrastructure to look at passive control to prevent /
         minimize this behavior.

   10.   There was a request for a school crossing at Wellington Drive for the Hillside
         Primary School, the location of the primary school means that there are two
         roads being crossed by children and parents with only one of these being
         serviced by a school crossing.
         Response: This to be investigated by Engineering Services.

   11.   The need to provide a telephone in the foyer of Council Community facilities
         that allow 000 to be rung and to contact Council with no capacity for other
         phone calls.
         Response: That Leisure services through Council corporate liaison officer with
         Telstra investigate the instillation of a limited phone service with Council
         facilities.




                                                                              Page 28
ORDINARY MEETING                                                           27 JUNE 2005

     12.   Provision of Sharps removal kits at each community facility, for the safe
           removal of any sharps found in or around community facilities.
           Response: That Leisure services through Council Health service provide a
           sharps kit at Council facilities.

6. Options
     Council could relocate the Skate Park to another area within the Melton East corridor
     however, the substantial work already undertaken and the commitment that has been
     made to local young people and the broader community would be received as a
     considerable drawback. In addition the cost of relocating the Skate Park at this stage
     would be substantial and given Council is under contractual obligations with Convicts
     Skate Park Construction Company it would be reasonable to expect penalties would
     apply resulting in increased cost for Council.

7.   Conclusion
     Whilst the initial consultation process obviously failed to ensure residents felt they
     were given the opportunity to participate in this process the subsequent community
     meeting attracted approx. 80 people and whilst there were a wide range of views,
     was primarily a positive meeting with good input and respectful listening to a variety
     of views.

     The high interest by community members in their own community was seen as a
     strength and the opportunity to continue to work with this community was highlighted
     through this process. It is believed the community values its young people and whilst
     there is not unanimous agreement in the Youth Activity Node as the best way to
     recognize this, there was an overall acknowledgement of the importance of young
     people within the community.




                                                                                  Page 29
ORDINARY MEETING                                                             27 JUNE 2005


 ITEM NO 3                                               FILE NO: 1920/450
                                                         Steve Finlay / sf



         APPLICATION FOR TOWN PLANNING PERMIT PA2004/101

PURPOSE OF REPORT:

To consider an application for a planning permit to construct three single-storey dwellings
at the rear of an existing single-storey dwelling at 36 Kurrajong Crescent, Melton South.



Procedural Motion

Crs Warren/Cugliari

That Items 3 to 5 inclusive be moved in block
                                                                                   Carried

RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Refusal for the use and
development of the land for three (3) single-storey dwellings behind an existing single-
storey dwelling at Lot 63 on LP52642, number 36 Kurrajong Crescent, Melton South on
the following grounds:

1.    The proposal is inconsistent with the State Medium Density Housing Policy located
      at Clause 16.02 of the Melton Planning Scheme;

2.    The proposal is inconsistent with Clause 55 of the Melton Planning Scheme, and in
      particular those aspects related to vehicular access (Clause 55.03-9) and parking
      location (Clause 55.03-10), as the proposal does not provide for safe, manageable
      or convenient access or parking within the development.

3.    The proposal does not respond appropriately to the constraints of the site or the
      locality;

4.    The proposal represents an overdevelopment of the site.

Crs Warren/Cugliari. That the recommendation be adopted.
                                                                                 CARRIED




                                                                                  Page 30
ORDINARY MEETING                                                             27 JUNE 2005

REPORT
1.   Background
     Executive Summary

     This application is for the development of land at the rear of 36 Kurrajong Crescent,
     Melton South for three single-storey dwellings at the rear of an existing single-storey
     dwelling.

     This is the second application this year in Kurrajong Crescent to come under
     consideration by Council for multi-dwellings to be constructed on a former Council
     Reserve that runs between the rear of properties along Kurrajong Crescent and First
     Avenue, Melton South. Town Planning permit application PA2004/364 was refused
     by Council at its‟ meeting of 28 February 2005, which involved the construction of
     three single-storey dwellings at the rear of an existing dwelling at 20 Kurrajong
     Crescent, Melton South. The applicant for 20 Kurrajong Crescent, Melton South has
     appealed against Councils‟ refusal to the Victorian Civil and Administrative Tribunal,
     and the matter is to be heard by the Tribunal on 5 July 2005.

     The three additional single-storey dwellings proposed by this application that is
     currently before Council will each have two bedrooms, kitchen, living areas, laundry,
     bathroom and toilet facilities and a single car garage. No additional visitor car parking
     is proposed on the site.

     Public notice of the application has been given, and as a result of the public notice
     process, two (2) objections have been received, including a petition containing 57
     signatures. The objections relate to increased traffic, safety concerns, increased
     noise, overdevelopment, drainage problems, lack of services to former reserve
     blocks and inconsistency with neighbourhood character.

     Having considered the proposal, the objections received and the provisions of the
     Melton Planning Scheme, the proposal should be refused on the basis that it has not
     responded appropriately to the constraints of the site, represents an
     overdevelopment, and is inconsistent with the policy base of the Melton Planning
     Scheme.

     Application:              PA2004/101
     Applicant:                Mr. A. Papanastasatos
                               C/- BD Design Group P/L
     Property/Location:        Rear of Lot 63 on LP52642, number 36 Kurrajong
                               Crescent, Melton South.
     Zoning:                   Residential 1 zone (R1Z)
     Overlay/s:                No overlays.


     The Land

     The subject site is located on the northern side of Kurrajong Crescent, Melton South,
     and forms part of a former Council Reserve that was located between Kurrajong
     Crescent and First Avenue. The subject site is a north/south facing lot with a total


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   area of 1212 square metres. The site is rectangular in shape and has a frontage to
   Kurrajong Crescent to the south of 15 metres, an eastern and western side boundary
   length of 80 metres, and a northern rear boundary a length of 15 metres.

   An existing single-storey dwelling is located at the front of the allotment, and
   surrounding land use is residential in nature. Some multi-dwellings are situated in the
   locality, on the southern side of Kurrajong Crescent. Dwellings in the locality are
   predominantly single-storey in construction.

   Refer to Appendix 1 for a locality plan.

   The Application

   The proposal involves the development of three single-storey dwellings at the rear of
   an existing single-storey dwelling. Access to the three new dwellings will be from a
   crossover and single driveway located on the western side of the property, whilst the
   existing dwelling will be accessed via a crossover on the eastern side of the site. The
   proposal can be summarised as follows:

   Existing Dwelling One

        110.5m2 of dwelling area;
        21m2 carport area for single car
        Two bedrooms;
        Living, kitchen and amenities areas
        44m2 of private open space.

   Dwelling Two

        123.7m2 of building area;
        23m2 for single car garage;
        Two bedrooms;
        Living, kitchen and amenities areas;
        40m2 of private open space.

   Dwelling Three

        107.3m2 of building area;
        23m2 for single car garage;
        Two bedrooms;
        Living, kitchen and amenities areas;
        44m2 of private open space.

   Dwelling Four

        108.0m2 of building area;
        23m2 for single car garage;
        Two bedrooms;
        Living, kitchen and amenities areas;
        46m2 of private open space.


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     Refer to Appendix 2 for plans of the proposal


2.   Community Planning Reference and Policy Reference
     The Corporate Plan refers for the need to:

     Sustain Melton’s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities.


3.   Financial Considerations
     No Council related financial considerations are involved with the application.

4.   Consultation/Public Submissions
     Public notification of the application

     The application was advertised by sending notices to the owners and occupiers of
     surrounding land and by placing a notice on the land. A total of two objections were
     received, including a petition containing 57 signatures. The concerns of the objectors
     can be summarised as follows:

            Increase in traffic
            Safety concerns;
            Increased noise;
            Overdevelopment;
            Drainage problems;
            Inconsistency with neighbourhood character; and
            Lack of services to former Council reserve blocks.

     These concerns are discussed later in this report.

     Referral of the application

     The application was referred to the following authorities/Departments of Council and
     the following responses received:

         Authority / Department    Response
         Engineering Services      Concerns with vehicle access and parking for the
                                   subject land.


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Residential One Zone.
     There are no overlays affecting the land.

     State Planning Policy Framework (SPPF)


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   There are a number of relevant policies in the State Section of the Melton Planning
   Scheme that are applicable to this application. These are:

       Settlement (Clause 14); and
       Medium Density Housing (Clause 16.02).

   The Settlement Policy located at Clause 14 of the Melton Planning Scheme has
   amongst its‟ objectives the need to facilitate the orderly development in urban areas.
   In planning for urban growth, planning authorities should encourage consolidation of
   existing urban areas, whilst respecting neighbourhood character. Whilst the subject
   land does lend itself to being developed with medium density housing and thus
   encourages urban consolidation as the policy suggests, the proposal has not
   responded satisfactorily to the constraints of the site, such as its‟ narrow width, and
   should not be supported. Four dwellings on the site is an overdevelopment, which is
   evidenced by the inability to achieve safe and efficient vehicular movement within
   and from the site.

   The Medium Density Housing Policy at Clause 16.02 of the Melton Planning Scheme
   has its objectives in encouraging the development of well-designed medium density
   housing which:

         Respects the neighbourhood character;
         Improves housing choice;
         Makes better use of existing infrastructure; and
         Improves energy efficiency of housing.

   There is no doubting that the proposal will improve housing choice in the locality,
   however, it is considered that the proposal is inconsistent this aspect of the Melton
   Planning Scheme since the proposal is not well designed in terms of vehicular
   movement and parking location and all dwellings are to be two bedroom, with little
   diversity. In addition, little effort has been taken in responding to the constraints of
   the site, and in particular the narrow width of the land to achieve a satisfactory design
   response.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.02-3 of the MSS details Council‟s planning objectives for the Shire, with
   the objective relating to residential land use being:

   “To create sustainable and liveable communities that are attractive and desirable
   places in which to live”.

   Clause 21.04-1 relates to the Melton Township and states the following objective:

   “To continue to develop Melton as the Shire’s pre-eminent civic, employment,
   education and retail centre by improvements to the town’s employment and retail
   base and by providing a range of housing opportunities, especially in the areas of low
   density and rural residential development.”


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   Strategies of this Clause, which relate to the application, include:

         Encourage all new urban development to occur in the Melton township
          designated area.

         Encourage higher density housing to be developed in areas in close proximity
          to shopping, public transport, educational facilities and open space especially
          the Melton Railway Station.

   The subject land does lend itself to a medium density proposal since the land is
   located in close proximity to commercial and community facilities. However, the
   proposal has not responded adequately to the constraints of the site, which will
   impact on the liveability and attractiveness of the locality.

   Local Planning Policies

   Clause 22.01 (Residential Land Use Policy) recognises that Melton‟s housing market
   is dominated by privately owned detached dwellings. The Policy recognises that
   although this is expected to continue, more variety must be provided in the housing
   market to cater for the varying needs of the community.

   Objectives of the policy include:

         To encourage the provision of a diverse range of housing options that meets
          the needs of current and future residents.
         To encourage energy efficiency in housing and subdivision designs.
         To ensure new residential development is integrated with existing urban areas
          (by road, pedestrian, cycle and open space links).
         To encourage residential development which fosters social interaction,
          community and neighbourhood and which creates a sense of place and
          identity.
         To provide quality affordable housing opportunities for people on low and
          moderate incomes.

   It is considered that the proposal is inconsistent with the above policy, due to its lack
   of diversity and its‟ lack of a site responsive design.

   Residential One Zone

   The purpose of the Residential One Zone includes:

         To provide for residential development at a range of densities with a variety of
          dwellings to meet the housing needs of all households.

         To encourage residential development that respects the neighbourhood
          character.




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   The Residential One Zone states that before deciding an application Council must
   consider:

         The State Planning Policy Framework and the Local Planning Policy
          Framework, including the Municipal Strategic Statement and local planning
          policies.

         The objectives, standards and decision guidelines of Clause 55.

   The proposal generally satisfies the objectives of the Residential One Zone. The
   proposal is also generally consistent with the relevant State and Local Planning
   Policies related to urban consolidation, however the State and Local Planning
   Policies also require developments to be site responsive, and on this count, the
   proposal fails.

   ResCode

   The proposal has been assessed against Clause 55 (ResCode) of the Melton
   Planning Scheme. Whilst the proposal meets many of the standards and objectives
   of ResCode, the proposal has not adequately responded to the constraints of the
   site. The parking and vehicle access layout of the site is unacceptable as there is
   insufficient room to provide for safe and efficient vehicle movement within and from
   the site. In particular, satisfactorily entering and exiting the garages to Units 3 and 4
   will be difficult to achieve, as will exiting the site in a forwards motion. The proposal
   has not achieved a site responsive design, and there is a lack of landscaping within
   the development, and along the driveway to aid in any enhancement to visual
   amenity. The proposal also lacks any dwelling diversity since all dwellings are
   proposed to be two-bedroom.

   Objections

   The following provides a response to the grounds of objection:

         Increase in traffic resulting in more noise and safety concerns

          Although three additional dwellings are proposed, it is not expected that there
          would be any undue loss of amenity through an increase in traffic or noise.
          Kurrajong Crescent would be able to accommodate additional vehicular traffic
          and any noise would be consistent with normal residential standards. Safety
          within the development and adjacent to the access point could be
          compromised since the layout of the site will likely result in cars having to
          reverse out of the site. The on-site car-parking layout lacks an acceptable
          layout to accommodate safe and efficient vehicular movement within and from
          the site.




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        Neighbourhood Character

         Objectors have raised neighbourhood character as an issue. The locality does
         have some multi-dwelling development, and dwellings are generally of a
         single-storey nature. The three additional single-storey dwellings on the site
         would not be out of character with other development in the neighbourhood.
         However, site constraints, such as the narrow width of the property has
         resulted in a poor design response being achieved. The poor design response
         could also be put down to the proposal being an overdevelopment of the site,
         which has led to some of the objectives of ResCode being compromised,
         including those related to vehicle access and parking.

        Drainage problems

         The objectors are concerned that drainage problems will be created if the
         development proceeds, and have stated that there are current drainage
         problems in Kurrajong Crescent during times of heavy rain. The application
         has been referred to Councils‟ Engineering Department who have not raised
         any concerns about the capacity of the land to accommodate additional
         dwellings, and have suggested standard drainage conditions to be applied to
         any permit that may issue.

        Lack of services to former Council Reserve blocks

         Objectors who signed the petition, and many residents of Kurrajong Crescent
         are of the understanding that the land comprising the former Council Reserve
         at the rear of allotments in Kurrajong Crescent and First Avenue were offered
         to residents on the basis that the land would not be redeveloped and would
         form part of extended backyards. There is also concern that there are no
         services (eg: sewerage, water, drainage etc…) in this land.

         Whilst objectors are of the impression that the land on the former Council
         Reserve could not be redeveloped, there is no covenant on lots created by the
         subdivision of the former Council Reserve that the land cannot be
         redeveloped. Therefore, the town-planning application must be assessed on
         merit, and the provision of utility services to allotments lacking in those
         services will be the responsibility of individual landowners during development
         stage.

   Comment

   When assessing the application, Council must have regard for the proposal before it
   and its‟ consistency with the parameters of the Melton Planning Scheme, including
   the relevant State and Local Planning Policies and zoning provisions, as well as any
   objections received.




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     Whilst the subject land does lend itself to being suitable for medium density
     development, and the proposal is largely consistent with the objectives of ResCode
     and State urban consolidation initiatives, the proposal falls when assessed against
     the vehicular access and parking objectives of ResCode. A site responsive design
     has not been achieved, due to the narrow nature of the allotment and has resulted in
     poor design outcomes related to vehicular access and car parking. There is also a
     distinct lack of sufficient landscaping along the driveway to contribute to positive
     visual amenity of the site.

     The concerns of the objectors can largely be addressed and there is not expected to
     be any undue overload on drainage or residential amenity through increased noise or
     traffic. The proposal falls due to issues surrounding problems with safe and efficient
     vehicular movement, and is considered to be an overdevelopment of the site.

6.   Options
     Council (as Responsible Authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.

7.   Conclusion
     Having considered the proposal against the relevant provisions of the Melton
     Planning Scheme, the objections received and the locational characteristics of the
     site, it is recommended that the application be refused.

     Whilst the site does lend itself to a medium density proposal, and the proposal
     complies with many of the objectives of ResCode, the development proposed is
     inconsistent with the parking and vehicle access objectives of Clause 55 of the
     Melton Planning Scheme. The proposal also lacks dwelling diversity due to the
     similarity of the dwellings in that they are all two-bedroom dwellings, and the design
     has not been site responsive to cater for the narrow width of the block.




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ITEM NO 4                                                 FILE NO: 160/150
                                                           Amy Reynolds / ar



          APPLICATION FOR PLANNING PERMIT NO: PA2004/359

PURPOSE OF REPORT:

To consider a planning permit application for a four (4) lot subdivision of land at No. 31-33
Croxton Drive, Kurunjang.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Refusal to Grant a Permit for a 4
lot subdivision at 31-33 Croxton Drive, Kurunjang on the following grounds:

1.    The proposal is inconsistent with the State and Local Planning Policy Frameworks
      of the Melton Planning Scheme and Councils Municipal Strategic Statement.

2.    The proposal is contrary to Councils Residential Land Use Policy (Clause 22.01)
      and Councils Urban Development Policy (Clause 22.04).

3.    The proposal is contrary to the orderly and proper planning of the area.

Crs Warren/Cugliari. That the recommendation be adopted.
                                                                                   CARRIED


REPORT
1.   Background
     Executive Summary

     The application seeks approval to create a four lot subdivision on the land described
     as 31-33 Croxton Drive, Melton. The four lots to be created will vary in size from
     4200 square metres to 4682 square metres.

     At its‟ meeting of 31 January 2005, Council refused town-planning application
     PA2004/200 for a two-lot subdivision of land at 6 Kororoit Court, Melton on the basis
     of its‟ inconsistencies with the State and Local Planning Policy Frameworks of the
     Melton Planning Scheme, and in particular, Councils‟ Residential Land Use Policy
     and Urban Development Policy. The lot sizes proposed by the Kororoit Court
     application were 6000 square metres and 4000 square metres. Council policy
     stipulates that each lot in an unsewered area should be 6000 square metres. The
     issues surrounding this current application and the earlier Kororoit Court subdivision
     application are similar in scope given Councils‟ policy base.


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   This proposal includes the development of a 16 metre wide road reserve, which is
   described as Alvin-John Court. Proposed lots one (1) and two (2) will front onto
   Croxton Drive and side onto Alvin-John Court. Both lots will have an area of 4200
   square metres with Croxton Drive street frontages of 31 metres and 81 and 87 metre
   respectively respective street frontages onto Alvin-John Court.

   Proposed lot three (3) and four (4) will adjoin the Toolern Creek and will front onto
   Alvin-John court for a length of 90 metres. The respective proposed areas for the lots
   three (3) and four (4) are 4516 and 4682 square metres.

   The application was advertised by sending notices to the surrounding landowners
   and by placing a sign on site for a minimum of 14 days. At the completion of the
   advertising period council received 16 objections and a petition with 37 signatures.
   The objections relate to an increase in traffic, change in neighbourhood character,
   reduction in environmental quality and rural lifestyle decrease in surrounding property
   value and if approved the application will set a precedent for other subdivisions within
   the estate and existing residents may have to pay for reticulated sewerage.

   The application has been assessed against and fails to comply with the relevant
   State and Local Planning policies. The proposed subdivision will result in the creation
   of four lots that are below the minimum recommended lot size of 6,000 square
   metres for unsewered areas, as outlined in Council‟s Residential Land Use Policy
   and Urban Development Policy. The proposal will create four lots that are
   inconsistent with the size and character of surrounding lots. The proposal will also
   result in the creation of a road reserve that is considered to be of a width that is not
   consistent with the established roads within the area. The proposal also fails to
   achieve the state planning objective of the facilitation of orderly development within
   the urban areas.

     Application:              Four (4) lot subdivision
     Applicant:                Bugeja Nominees Pty Ltd
     Property/Location:        31-33 Croxton Drive, Melton
     Zoning:                   Low Density Residential Zone
     Overlay/s:                Part Environmental Significance Overlay 2

   The Land

   The subject land is described as 31-33 Croxton Drive, Melton. The land has a
   combined area of two hectares, is reasonably flat, currently vacant and has some
   existing vegetation along the east property boundary to the Toolern Creek.

   The site forms part of an established low density area characterised by allotments of
   sizes between 1 and 4 hectares. Development within the neighbourhood, generally
   consists of single storey brick veneer dwellings with brick or colourbond garages and
   outbuildings.

   A restrictive covenant affects the subject site, the restrictions on the covenant relate
   to building materials. The proposal will not breach the covenant restrictions.

   Refer to Appendix 1 for a locality plan



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     The Application

     The application proposes to subdivide the site into four (4) lots. The proposal
     includes the development of a 16 metre wide road reserve (Alvin-John Court). Lots
     one (1) and two (2) front onto Croxton Drive for a length of 31 metres and side onto
     Alvin-John Court for a length of 87 and 80 metres, respectively. Both lots one (1) and
     two (2) have a total area of 4200 square metres; this includes the provision of a
     building envelope and an effluent disposal envelope.

     Proposed lots three (3) and four (4) abut the Toolern Creek, contain significant native
     vegetation along the creek bank and front onto the proposed Alvin-John Court. Lot
     three (3) has a total area of 4516 square metres and a street frontage of 90 metres.
     Lot four (4) has a total area of 4682 square metres and a frontage of 90 metres. Both
     lots three (3) and four (4) have been provided with building envelopes and effluent
     disposal envelopes.

     Refer to Appendix 2 for plans of the proposal

2.   Corporate Planning Reference and Policy Reference
     The Corporate Plan refers to the need to:

     Sustain Melton‟s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities

3.   Financial Considerations
     No Council related financial considerations are involved with the application.

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing on the land for a period of 14 days. A total of 16
     objections and a petition with 37 signatures were received in relation to the
     application. The issues raised in the objections can be summarised as follows:

          Increase in traffic and therefore decrease in safety levels of the surrounding
           residents, in particular children.

          The intersection of Croxton Drive and proposed Alvin-John Court is a major
           safety concern, especially as the proposed court is directly opposite an
           existing driveway.

          Concerns that the subdivision will decrease the environmental and rural
           lifestyle quality of the surrounding area.

          The proposed lot size is inconsistent with the surrounding lot sizes in the
           locality.



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             The increased pressure of the additional septic runoff may require reticulated
              sewerage to be installed at the financial cost of the existing residents.

             If approved the application will set a precedent for other subdivisions within
              the low-density area.

             Strong belief that the proposed subdivision will encroach on the lifestyles the
              objectors have moved to the locality to attain and will detract from the well
              established character of the area.

     Referral of the application

     The application was referred to the following Referral Authorities and Departments of
     Council and the following responses received:

         Department                Response
         Engineering               Requested the road reserve be widened to a minimum of
                                   20 metres, so that the road width would be consistent
                                   with the existing roads within the low density residential
                                   area.
         Environmental Services    No objection, providing specific conditions are placed on
                                   the planning permit.
         Environmental Health      Requested the effluent disposal envelopes be increased
                                   to a minimum area of 950 square metres.
         Powercor Australia        No objection, providing specific conditions are placed on
                                   the planning permit.
         Western Water             No objection, providing specific conditions are placed on
                                   the planning permit.
         Telstra                   No objection, providing specific conditions are placed on
                                   the planning permit.
         Tenix                     No objection, providing specific conditions are placed on
                                   the planning permit.

     A letter was sent to the applicant on the 27 January 2005 requesting an increase in
     the size of the effluent disposal envelopes by at least 450 square metres and
     increase the proposed road width to a minimum of 20 metres. The applicant stated
     that neither of the requested changes could be implemented. Furthermore the
     applicant stated an increase in the effluent disposal envelope size was unnecessary
     and the road width complied with Clause 56 of the Melton Planning Scheme.

5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Low Density Residential
     Zone and is partly covered by the Environmental Significance Overlay (Schedule 2).
     Pursuant to Clause 32.03-3 (Low Density Residential Zone) of the Melton Planning
     Scheme, a permit is required to subdivide land, and each lot must be at least the
     area specified in the schedule to the zone or at least 4,000 (0.4 hectares) if no area
     is specified. As the schedule does not specify an area, the minimum subdivision size
     is 4000 square metres.

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   Pursuant to Clause 42.01-2 of the Melton Planning Scheme, a permit is also required
   to subdivide land located within the Environmental Significance Overlay
   (Schedule 2).

   State Planning Policy Framework (SPPF)

   Clause 14 of the Melton Planning Scheme outlines the State Planning Policy
   Framework in relation to Settlement, a key objective of which is:

   “To facilitate the orderly development of urban areas”.

   The proposal fails to satisfy the above objective. The proposal is inconsistent with the
   existing subdivision pattern of adjacent and surrounding properties. The proposed lot
   size is also inconsistent with the existing neighbourhood character. If approved the
   subdivision will create a fragmentation of an existing low density residential area and
   may create a precedent for other subdivision applications.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.04-1 of the Melton Planning Scheme outlines the planning strategies for
   the Melton Township area. The objective of this policy is:

   To continue to develop Melton as the Shire’s pre-eminent civic, employment,
   education and retail centre by improvements to the town’s employment and retail
   base and by providing a range of housing opportunities, especially in the areas of low
   density and rural residential development.

   One of the strategies to implement this objective is to encourage fully serviced lower
   density residential development in designated areas on the fringe of the Melton
   Township.

   The proposal is inconsistent with Council‟s Municipal Strategic Statement, as it will
   result in the creation of three additional lots within a low density residential area that
   is not serviced by reticulated sewerage.

   Local Planning Policies

   Clause 22.01 Residential Land Use Policy

   This policy states that the preferred minimum lot size for any unsewered residential
   allotment is 6,000 square metres. The proposal fails to satisfy this requirement, as
   the proposed lots have a total area that is less than 6000 square metres. There is no
   opportunity to increase the area of each lot to achieve the requirements of this policy,
   as the overall land size does not allow an increase in size of the proposed lots.




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   Clause 22.04 Urban Development Policy

   A key objective of this policy is to ”encourage and facilitate the orderly, incremental
   outward growth of the urban fringe in the environs of the Melton Township”.

   One of the strategies to implement this policy is to encourage low density residential
   development to be connected to reticulated sewerage. In all other cases the
   preferred lot size is 6,000 square metres.

   As discussed previously the proposal will result in the creation of four lots that are
   less than 6,000 square metres and are located within an unsewered low density
   residential area.

   Low Density Residential Zone

   The purpose of the Low Density Residential Zone includes:

        To provide for low density residential development on lots which, in the
         absence of reticulated sewerage, can treat and retain all wastewater.

   The application was assessed against the decision Guidelines contained in Clause
   32.03-3 (Low Density Residential Zone Provisions) of the Melton Planning Scheme.

   The application satisfies the minimum lot size requirement within the zone provisions,
   however this does not automatically guarantee that a planning permit will be issued.
   When deciding on a subdivision application within the Low Density Residential Zone
   Council must also consider the following:

        State and Local Planning Policy Framework
        The protection and enhancement of the natural features and character of the
         area including the retention of vegetation and fauna habitat.
        The availability and provision of utility services including sewerage, water,
         drainage, electricity, gas and telecommunications.
        In the absence of reticulated sewerage:
        The capability of the lot to treat and retain all wastewater.
        The benefits of restricting the size of lots to the minimum required to treat and
         retain all waste water in accordance with the State and Environment
         Protection Policy.
        The benefits of restricting the size of lots generally no more than 2 hectares to
         enable lots to be efficiently maintained without the need for agricultural
         techniques and equipment.

   The land capability assessment submitted with the application indicates that the new
   lots would be capable off treating all sewerage discharge on site. However the
   effluent disposal envelope for lot 3 is located within the Environmental Significance
   Overlay (Schedule 2). Considering the sensitive nature of the vegetation and
   potential animal life along the Toolern Creek, it is not acceptable for the effluent
   envelope to be located within the Environmental Significance Overlay (Schedule 2).




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   Policy Summary

   The proposal is inconsistent with state and local planning policies. The proposed lot
   sizes do not meet the recommended 6000 square metres as stated in Council‟s
   Residential Land Use Policy and Urban Development policy. As reticulated sewerage
   is not present in the area, the proposal is also inconsistent with Council‟s Municipal
   Strategic Statement. Council‟s Municipal Strategic Statement encourages low density
   residential development within the township fringe areas that have access to all utility
   services.

   The proposal does not facilitate orderly development within the existing urban area.
   The proposal will result in a fragmentation of an existing low density residential area
   and creation of lots that have sizes, which are out of character with the surrounding
   area.

   The low density residential zoning provisions state that the minimum lot size for
   newly created lots is 4000 square metres. While the proposal complies with this
   requirement, the zoning provisions can not be considered by themselves.
   Consideration must also be given to the Local and State Planning Policy Framework
   and the concerns raised by any objections.

   Objections

   The following comments are made in relation to concerns raised by objectors:

        The proposal is inconsistent with the existing rural character of the
         surrounding area and therefore the surrounding residents will lose their rural
         lifestyle.

        As discussed previously, the surrounding lot sizes vary between one and four
         hectares, therefore the proposed lot sizes are considered inconsistent with the
         existing area.

        The intersection of Croxton Drive and proposed Alvin-John Court is a major
         safety concern, especially as the proposed court is directly opposite an
         existing driveway.

        Intersections that are located opposite existing driveways are an undesirable
         characteristic, however the proposed additional street meets the requirements
         of ResCode (Clause 56) and Council‟s Engineering department.

        The application will result in an increase in traffic and therefore the safety of
         the surrounding residents will be reduced. If footpaths were provided in
         Croxton Drive, than the residents would feel safer.

         The application was referred to Councils Engineering department; no
         concerns regarding increase in traffic flow or reduction in safety of residents
         were raised as a result of this referral.




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ORDINARY MEETING                                                           27 JUNE 2005

       The existing residents brought land within the low-density residential area with
        the understanding that the lots are all between 2 and 5 hectares and would not
        be further subdivided.

        The subject site is not affected by any restrictive covenants or planning
        agreements that restrict the ability for the lot to be subdivided.

      If approved the application will decrease the financial value of the surrounding
         properties.

        This is not a relevant planning consideration, and should not be used by
        Council to formulate a decision on the application.

      If approved, the houses that are built on the new lots would be significantly
         closer to each other than the surrounding lots.

        As the proposed lots are narrower than the other sites within the estate, then it
        is expected that if the subdivision is approved and dwellings are then built on
        the site, they will be closer to each other. Therefore the potential separation
        distance between dwellings on the new lots may be inconsistent with the
        surrounding setbacks between dwellings.

       There is already a sufficient amount of better designed 1 acre properties
        available within the Melton township area. If approved the new lots will be
        unsold for quite sometime.

        This is not a relevant planning consideration, and should not be used by
        Council to formulate a decision on the applications.

       Approval of this application will set a precedent for other low density
        residential subdivisions in the area.

        The proposal is the first of it‟s kind within the surrounding low density
        residential area. If the application is approved, then there may be an
        expectation within the community, that future subdivision in unsewered low
        density residential areas will be approved by Council.

       If more subdivisions were approved as a result of the current proposal being
        approved, then the Croxton Drive area would need to be connected to the
        reticulated sewerage. The existing residents should not have to pay for this
        service.

        As shown in the land capability assessment submitted to Council, the
        proposed lots are capable of treating all sewerage on site.

       The application will result in two lots with small street frontages.

        The proposed subdivision will result in the creation of two street frontages that
        are smaller than other lots within the neighbourhood.




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ORDINARY MEETING                                                            27 JUNE 2005

          The proposed effluent disposal areas are too close to the adjoining properties,
           therefore the septic systems will not operate in an effective manner.

           As previously discussed the land capability assessment submitted to Council,
           detailed that the proposed lots would be capable of treating all onsite
           sewerage.

          The proposal will be visually intrusive for the surrounding residents.

           The proposal will result in a creation of four new lots that have sizes that are
           inconsistent with the existing area. The proposed road width is also
           inconsistent with the established roads within the low-density residential
           estate.

          Increase in noise levels as a result of increased traffic and population.

           The proposal will result in an increase of three additional lots above what may
           normally be the case. The expected increase in noise as a result of additional
           traffic and population is expected to be minimal and will not cause an
           unreasonable amount of material detriment.

          The proposal will result in what is considered to be high density, for a low
           density residential zoned area.

           The low density residential zoning provisions allow land to be subdivided into
           lots that have a minimum size of 4000 square metres. However the zoning
           provisions alone do not determine if a subdivision is suitable for the site. If
           approved, this subdivision will result in a higher than characteristic density for
           this locality.

6.   Options
     Council (as responsible authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.

7.   Conclusion
     The proposal fails to satisfy the relevant requirements of the Melton Planning
     Scheme, in particular the State Planning Policy Framework, Local Planing Policy
     Framework, Council‟s Residential Land Use Policy and Council‟s Urban
     Development Policy.

     The subdivision of the subject land will not contribute to the proper and orderly
     planing of the area. The proposal will create four lots that are below the minimum lot
     size recommended for unsewered areas by the Council‟s Local Planning Policies.
     The proposal is inconsistent with the existing subdivision pattern in the area, which is
     characterised by properties with a minimum lot size of 1 hectare and minimum road
     widths of 20 metres.




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ORDINARY MEETING                                                        27 JUNE 2005

   As no other subdivisions have been created within the surrounding low density
   neighbourhood, supporting the proposal may set a dangerous precedent for further
   residential development in an unsewered area that has been identified by the Melton
   Planning Scheme as low density residential. Due to the constraints of the land in
   terms of its overall size, here is no opportunity to redesign the proposal to achieve
   the minimum lot size recommended by Council‟s local policies.




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ORDINARY MEETING                                                             27 JUNE 2005


ITEM NO 5                                                FILE NO: 160/210
                                                         Amy Reynolds / ar



          APPLICATION FOR PLANNING PERMIT NO: PA2004/363

PURPOSE OF REPORT:

To consider a planning permit application for a two (2) lot subdivision of land at No. 39
Croxton Drive, Kurunjang.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Refusal to Grant a Permit for a 2
lot subdivision at 39 Croxton Drive, Kurunjang on the following grounds:

1.    The proposal is inconsistent with the State and Local Planning Policy Frameworks
      of the Melton Planning Scheme and Councils Municipal Strategic Statement.

2.    The proposal is contrary to Councils Residential Land Use Policy (Clause 22.01)
      and Councils Urban Development Policy (Clause 22.04).

3.    The proposal is contrary to the orderly and proper planning of the area.

Crs Warren/Cugliari. That the recommendation be adopted.
                                                                                 CARRIED


REPORT
1.   Background
     Executive Summary

     This application proposes to subdivide the land located at No: 39 Croxton Drive
     Melton into two lots. Both the proposed lots will have a total area of 5006 square
     metres (1.2 acres) and a street frontage onto Croxton Drive of 25 metres. The
     application includes the provision of a building envelope (1000 square metres) and
     an effluent disposal envelope (450 square metres) on each lot.




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ORDINARY MEETING                                                          27 JUNE 2005

   At its‟ meeting of 31 January 2005, Council refused town-planning application
   PA2004/200 for a two-lot subdivision of land at 6 Kororoit Court, Melton on the basis
   of its‟ inconsistencies with the State and Local Planning Policy Frameworks of the
   Melton Planning Scheme, and in particular, Councils‟ Residential Land Use Policy
   and Urban Development Policy. The lot sizes proposed by the Kororoit Court
   application were 6000 square metres and 4000 square metres. Council policy
   stipulates that each lot in an unsewered area should be 6000 square metres. The
   issues surrounding this current application and the earlier Kororoit Court subdivision
   application are similar in scope given Councils‟ policy base.

   The land is situated in a Low Density Residential Zone, and the rear of both the
   proposed lots adjoins the Toolern Creek and is therefore covered by the
   Environmental Significance Overlay (Schedule 2 – Wetlands, Waterways and
   Riparian Strips).

   The application was advertised by sending notices to the surrounding landowners
   and occupiers and by placing a sign on site for a minimum of 14 days. At the
   completion of the advertising period Council received 15 objections and a petition
   with 37 signatures. The objections relate to an increase in traffic, change in
   neighbourhood character, reduction in environmental quality and rural lifestyle,
   property devaluation, precedent, and if approved existing residents may have to pay
   for reticulated sewerage into the area.

   The application has been assessed against and fails to comply with the relevant
   State and Local Planning policies. The proposed subdivision will result in the creation
   of two lots that are below the minimum recommended lot size of 6,000 square metres
   for unsewered areas, as outlined in Council‟s Residential Land Use Policy and Urban
   Development Policy. This has been recommended given the soil character of this
   area which required larger effluent envelopes. This combined with substantial
   building envelopes; outbuildings, landscape and garden areas generally necessitate
   a minimum land area of 6000m2. The proposal will also create two lots that are
   inconsistent with the size and character other lots in the locality. The proposal also
   fails to achieve the State Planning objective of the facilitation of orderly development
   within the urban areas.

     Application:             Two lot subdivision
     Applicant:               Bugeja Nominees Pty Ltd
     Property/Location:       39 Croxton Drive, Melton
     Zoning:                  Low Density Residential Zone
     Overlay/s:               Part Environmental Significance Overlay 2

   The Land

   The subject site is located west of the Toolern Creek at No. 39 Croxton Drive,
   Melton. The lot is irregular in shape, reasonably flat and is currently vacant. Existing
   vegetation is located along the eastern property boundary to the Toolern Creek. No
   easements affect the site.




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ORDINARY MEETING                                                            27 JUNE 2005

     The site forms part of an established low density area characterised by allotments of
     sizes between 1 and 4 hectares. Development within the neighbourhood, generally
     consists of single storey brick veneer dwellings with brick or colourbond garages and
     outbuildings.

     A restrictive covenant affects the subject site, the restrictions on the covenant relate
     to building materials. The proposal will not breach the covenant restrictions.

     Refer to Appendix 1 for a locality plan

     The Application

     The application proposes to subdivide the site into two lots. The proposed lots are
     irregular in shape and have respective maximum depths of 177 metres and 192
     metres. The proposed lots have total areas of 5,006 square metres and street
     frontages onto Croxton Drive of 25 metres.

     Each lot is to have a rectangular building envelope that is setback 20 metres from the
     street frontages and has a total area of 1000 square metres. The proposal also
     includes the provision of an effluent disposal envelope that adjoins the rear of the
     building envelope.

     Refer to Appendix 2 for plans of the proposal


2.   Corporate Planning Reference and Policy Reference
     The Corporate Plan refers to the need to:

     Sustain Melton’s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities


3.   Financial Considerations
     No Council related financial considerations are involved with the application.

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing on the land for a period of 14 days. A total of 16
     objections and a petition with 37 signatures were received in relation to the
     application. The issues raised in the objections can be summarised as follows:

          Increase in traffic and therefore decrease in safety levels of the surrounding
           residents, in particular children.

          Concerns that the subdivision will decrease the environmental and rural
           lifestyle quality of the surrounding area.

          The proposed lot size is inconsistent with the surrounding lot size.

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ORDINARY MEETING                                                             27 JUNE 2005

            The increase pressure of the additional septic runoff may require reticulated
             sewerage to be installed at the financial cost of the existing residents.

            If approved the application will set a precedent for other subdivisions within
             the low density area.

            Strong belief that the proposed subdivision will encroach on the lifestyles that
             the objectors have moved into the locality to attain and will detract from the
             well established character of the area.

     Referral of the application

     The application was referred to the following Departments of Council and the
     following responses received:

         Department                  Response
         Engineering                 No objection, subject to conditions
         Environmental Services      No objection, subject to conditions.
         Environmental Health        Requested the effluent disposal envelopes be
                                     increased to a minimum area of 950 square metres.

     A letter was sent to the applicant on the 27 January 2005 requesting an increase in
     the size of the effluent disposal envelopes to meet Council requirements. The
     applicant stated that this could be easily completed, as there is adequate vacant land
     on the site.

5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Low Density Residential
     Zone and is partly covered by the Environmental Significance Overlay (Schedule 2).
     Pursuant to Clause 32.03-3 (Low Density Residential Zone) of the Melton Planning
     Scheme, a permit is required to subdivide land, each lot must be at least the area
     specified in the schedule to the zone or at least 4,000 (0.4 hectares) if no area is
     specified. As the schedule does not specify an area, the minimum subdivision size is
     4000 square metres.

     Pursuant to Clause 42.01-2 of the Melton Planning Scheme, a permit is also required
     to subdivide land located within the Environmental Significance Overlay (schedule 2).

     State Planning Policy Framework (SPPF)

     Clause 14 of the Melton Planning Scheme outlines the State Planning Policy
     Framework in relation to Settlement, a key objective of which is:

     “To facilitate the orderly development of urban areas”.




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ORDINARY MEETING                                                           27 JUNE 2005

   The proposal fails to satisfy the above objective. The proposal is inconsistent with the
   existing subdivision pattern of adjacent and surrounding properties. The proposed lot
   size is also inconsistent with the existing neighbourhood character. If approved the
   subdivision will create fragmentation of an existing low density residential area and
   may create a precedent for other subdivision applications.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.04-1 of the Melton Planning Scheme outlines the planning strategies for
   the Melton Township area. The objective of this policy is:

   To continue to develop Melton as the Shire’s pre-eminent civic, employment,
   education and retail centre by improvements to the town’s employment and retail
   base and by providing a range of housing opportunities, especially in the areas of low
   density and rural residential development.

   One of the strategies to implement this objective is to encourage fully serviced lower
   density residential development in designated areas on the fringe of the Melton
   Township.

   The proposal is inconsistent with Council‟s Municipal Strategic Statement, as it will
   result in the creation of an additional lot within a low density residential area that is
   not serviced by reticulated sewerage.

   Local Planning Policies

   Clause 22.01 Residential Land Use Policy

   This policy states that the preferred minimum lot size for any unsewered residential
   allotment is 6,000 square metres. The proposal fails to satisfy this requirement, as
   the proposed lots both have a total area of 5,002 square metres. There is no
   opportunity to increase the area of each lot to achieve the requirements of this policy,
   as the overall land size does not allow an increase in size of the proposed lots.

   Clause 22.04 Urban Development Policy

   A key objective of this policy is to ”encourage and facilitate the orderly, incremental
   outward growth of the urban fringe in the environs of the Melton Township”.

   One of the strategies to implement this policy is to encourage low density residential
   development to be connected to reticulated sewerage. In all other cases the
   preferred lot size is 6,000 square metres.

   As discussed previously the proposal will result in the creation of two lots of 5,002
   square metres that are located within an unsewered low density residential area.




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ORDINARY MEETING                                                          27 JUNE 2005

   Low Density Residential Zone

   The purpose of the Low Density Residential Zone includes:

        To provide for low density residential development on lots which, in the
         absence of reticulated sewerage, can treat and retain all wastewater.

   The application was assessed against the decision Guidelines contained in Clause
   32.03-3 (Low Density Residential Zone Provisions) of the Melton Planning Scheme.
   The application satisfies the minimum lot size requirement within the zone provisions,
   however this does not automatically guarantee that a planning permit will be issued.
   When deciding on a subdivision application within the Low Density Residential Zone
   Council must also consider the following:

        State and Local Planning Policy Framework.
        The protection and enhancement of the natural features and character of the
         area including the retention of vegetation and fauna habitat.
        The availability and provision of utility services including sewerage, water,
         drainage, electricity, gas and telecommunications.
        The absence of reticulated sewerage:
        The capability of the lot to treat and retain all wastewater.
        The benefits of restricting the size of lots to the minimum required to treat and
         retain all waste water in accordance with the State and Environment
         Protection Policy.
        The benefits of restricting the size of lots generally no more than 2 hectares to
         enable lots to be efficiently maintained without the need for agricultural
         techniques and equipment.

   The land capability assessment submitted with the application indicates that the new
   lots would be capable off treating all sewerage discharge on site.

   Policy Summary

   The proposal is inconsistent with state and local planning policies. The proposed lot
   size does not meet the recommended 6000 square metres as stated in Council‟s
   Residential Land Use Policy and Urban Development policy. As reticulated sewerage
   is not present in the area, the proposal is also inconsistent with Council‟s Municipal
   Strategic Statement. Council‟s Municipal Strategic Statement encourages low density
   residential development within the township fringe areas that have access to all utility
   services.

   The proposal does not facilitate orderly development within the existing urban area.
   The proposal will result in the fragmentation of an existing low-density residential
   area and the creation of lots that have sizes that are out of character with the
   surrounding area.

   The low density residential zoning provisions state that the minimum lot size for
   newly created lots is 4000 square metres. While the proposal complies with this
   requirement, the zoning provisions cannot be considered by themselves.
   Consideration must also be given to the Local and State Planning Policy Framework
   and the concerns raised by any objections.

                                                                                  Page 54
ORDINARY MEETING                                                         27 JUNE 2005

   Objections

   The following comments are made in relation to concerns raised by objectors:

        The proposal is inconsistent with the existing rural character of the
         surrounding area and therefore the surrounding residents will lose their rural
         lifestyle.

         As discussed previously, the surrounding lot sizes vary between one and four
         hectares, therefore the proposed lot sizes are considered inconsistent with the
         existing area.

        The application will result in an increase in traffic and therefore the safety of
         the surrounding residents will be reduced. If footpaths were provided in
         Croxton Drive, then the residents would feel safer.

         The proposal will result in an increase of one (1) additional lot above what may
         normally be the case. It is considered that the street is capable of
         accommodating the minor increase in traffic as a result of this application.

         The application was referred to Council‟s Engineering department, and no
         concerns regarding increase in traffic or traffic flow were raised as a result of
         this referral.

        The existing residents brought land within the low-density residential area with
         the understanding that the lots are all between 2 and 5 hectares and would not
         be further subdivided.

         The subject site is not affected by any restrictive covenants or planning
         agreements that restrict the ability for the lot to be subdivided.

        If approved the application will decrease the financial value of the surrounding
         properties.

         This is not a relevant planning consideration, and should not be used by
         Council to formulate a decision on the applications.

        If approved the houses that are built on the new lots would be significantly
         closer to each other than the surrounding lots.

         As the proposed lots are narrower than the other sites within the estate, then it
         is expected that if the subdivision is approved and dwellings are then built on
         the site, they will be closer to each other. Therefore the potential separation
         distance between dwellings on the new lots may be inconsistent with the
         surrounding setbacks between dwellings.




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ORDINARY MEETING                                                           27 JUNE 2005

       There is already a sufficient amount of better designed 1 acre properties
        available within the Melton township area. If approved the new lots will be
        unsold for quite sometime.

        Market conditions are not a relevant planning consideration, and should not be
        used by Council to formulate a decision on the application.

       Approval of this application will set a precedent for other low density
        residential subdivisions in the area.

        The proposal is the first of it‟s kind within the surrounding low density
        residential area. If the application is approved, then there may be an
        expectation within the community, that future subdivision in unsewered low
        density residential areas will be approved by Council.

       If more subdivisions were approved as a result of the current proposal being
        approved, than the Croxton Drive area would need to be connected to the
        reticulated sewerage. The existing residents should not have to pay for this
        service.

        As shown in the land capability assessment submitted to Council, the
        proposed lots are capable of treating all sewerage on site.

       The application will result in two lots with small street frontages.

        The proposed subdivision will result in the creation of two street frontages that
        are smaller than other lots within the neighbourhood.

       The proposed effluent disposal areas are to close to the adjoining properties,
        therefore the septic systems will not operate in a effective manner.

        As previously discussed the land capability assessment submitted to Council,
        detailed that the proposed lots would be capable of treating all onsite
        sewerage.

       The proposal will be visually intrusive for the surrounding residents.

        The proposal will result to two lots that are significantly narrower than the
        surrounding neighbourhood, therefore the lots will be inconsistent with the
        existing neighbourhood character and depending on the individual may be
        considered visually intrusive.

       Increase in noise levels as a result if increased traffic and population.

        The proposal will result in an increase of one (1) additional lot above what may
        normally be the case. It is considered that the street and area is capable of
        accommodating the minor increase in traffic and population as a result of this
        application.




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ORDINARY MEETING                                                             27 JUNE 2005

           The proposal will result in what is considered to be high density, for a low
            density residential zoned area.

            The low density residential zoning provisions allow land to be subdivided into
            lots that have a minimum size of 4000 square metres. However the zoning
            provisions alone do not determine if a subdivision is suitable for the site. If
            approved, this subdivision will result in a higher than characteristic density for
            this locality.

6.   Options
     Council (as responsible authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.

7.   Conclusion
     The proposal fails to satisfy the relevant requirements of the Melton Planning
     Scheme, in particular the State Planning Policy Framework, Local Planing Policy
     Framework, Council‟s Residential Land Use Policy and Council‟s Urban
     Development Policy.

     The subdivision of the subject land will not contribute to the proper and orderly
     planing of the area. The proposal will create two lots that are below the minimum lot
     size recommended for unsewered areas by the Council‟s local planning policies. The
     proposal is inconsistent with the existing subdivision pattern in the area, which is
     characterised by properties with a minimum lot size of one (1) hectare.

     As no other subdivisions have been created within the surrounding low-density
     neighbourhood, supporting the proposal may set a dangerous precedent for further
     residential development in an unsewered area that has been identified by the Melton
     Planning Scheme as low density residential. Due to the constraints of the land in
     terms of its overall size, here is no opportunity to redesign the proposal to achieve the
     minimum lot size recommended by Council‟s local policies.




                                                                                     Page 57
ORDINARY MEETING                                                                  27 JUNE 2005


 ITEM NO 6                                                FILE NO: 40/80/10/25 part 1
                                                          Shan Thurairajah / st



ADOPTION OF BUDGET FOR 2005/2006 AND DECLARATION OF RATES
                      AND CHARGES

PURPOSE OF REPORT:

Having completed the public submission process for the proposed budget for 2005/2006,
Council are now to proceed with consideration of the adoption of the budget and to declare
the rates and charges for 2005/2006.



RECOMMENDATION:
1.    That Council adopt the recommendations of the Section 223 Submissions
      committee (Appendix 1) in regard to submissions to the budget and accordingly
      advise all those who have made submissions of the outcome of Council‟s
      deliberations.

2.    That Council having considered the minutes of the Section 223 Submissions
      Committee re submissions received to the proposed municipal budget for
      2005/2006, resolve to proceed with the statutory process to adopt the municipal
      budget for 2005/2006 as displayed with the amendment that expenditure of $60,000
      for rectification works at the Diggers Rest Bowling Club be included. (Appendix 2).

3.    That the Fees and Charges Schedule annexed to the budget be adopted.
      (Appendix 2)

4.    That the Chief Executive be authorised to give public notice of this decision to adopt
      such budget, in accordance with section 150(2) of the Local Government Act 1989.

5.    That an amount of $36,272,192 (or such other amount as is lawfully raised as a
      consequence of this resolution) be declared as the amount which Council intends to
      raise by general rates, the municipal charge and the annual service charge, which
      amount is calculated as follows:
                                                                       $’000
                    General Rates                                      $ 30,255
                    Municipal Charge                                   $ 2,463
                    Annual Service Charge                              $ 3,554

6.    That a general rate be declared in respect of the 2005/2006 financial year and that
      the general rate be raised by the application of differential rates (described in
      Appendix 3).




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ORDINARY MEETING                                                           27 JUNE 2005

7.    That each differential rate will be determined by multiplying the Capital Improved
      Value of each rateable land by the relevant percentages indicated in Appendix 3.

8.    That no amount is fixed as the minimum amount payable by way of general rate in
      respect of each rateable land within the municipal district.

9.    That a municipal charge of $87.00 for each rateable land (or part) be declared in
      respect of the 2005/2006 financial year for the purpose of covering some of the
      administrative costs of the Council.

10.   That an annual service charge (or pro-rata part) of the amounts as detailed in
      Appendix 4, for each residential land be declared for the collection and disposal of
      refuse in respect of the period 01/07/2005 to 30/06/2006.

11.   That Council grants rebates to each owner of rateable land identified by the
      Assessment Number specified in Appendix 5 to this report, the respective rebate
      set out opposite to the Assessment number in that Appendix, and the rebate be
      granted to promote the aims described in the Melton Shire Council‟s “Non-Urban
      Zones Environmental Enhancement Policy 2005”, adopted by Council on 18 April
      2005, and per the terms for granting the rebate as described in Appendix 2.

12.   That no incentive be declared for early payment of the general rates, municipal
      charges and other annual service charges previously declared.

13.   That all rates and charges to be paid in four instalments, in accordance with Section
      167 (1) and (2) of the Local Government Act 1989 and no person be allowed to pay
      rates and charges as a lump sum, unless resolve otherwise.

14.   The General Manager Corporate Services be authorised to levy and recover the
      general rates, municipal charge and annual service charges in accordance with the
      Local Government Act 1989.

15.   That any rates and charges which have not been paid by the date specified for their
      payment, pay interest in accordance with section 172 (1) of the Local Government
      Act 1989, at 11.50% per annum which is the declared rate under section 2 of the
      Penalty Interest Rate Act 1989.

16.   That the Strategic Resource Allocation Plan be adopted- (Appendix 7).

Crs Stock/Warren. That the recommendations be adopted.
                                                                                CARRIED




                                                                                  Page 59
ORDINARY MEETING                                                           27 JUNE 2005


REPORT
1.   Background
     Section 144 of the Local Government act 1989 requires that Council must prepare a
     budget for each financial year.

     At the Ordinary Meeting of the Council on 23 May 2005, the draft budget was
     presented to Council. The draft budget has been on public display at the Civic Centre
     from 25 May 2005 to 14 June 2005. The draft budget was also available on the
     Council‟s web. Public submissions were invited through The Age, Local papers and
     Council‟s website.

     Council is required to consider any submission received, pursuant to section 223 of
     the Local Government Act 1989, and the process has occurred through the Section
     223 Submissions Committee, which met on 14June 2005. Minutes of this meeting is
     attached in Appendix 1, detailing recommendations in relation to submissions.

     The final step in the process is for Council to adopt the budget and declare the rates
     and charges for 2005/2006.

2.   Community Planning Reference and Policy Reference
     The Council plan is committed to open and transparent operation of Council affairs.

3.   Financial Considerations
     Council is required to adopt a budget annually to finance Council‟s operations
     through the levying of rates and charges.

4.   Consultation/Public Submissions
     As mentioned in the background of this report, Council advertised the proposed
     budget extensively and sought submissions, which have been considered by the
     Section 223 Submissions Committee of Council.

     Council also conducted public information sessions on the proposed budget at each
     of Melton and Parkwood Green, however attendance at these sessions was
     disappointing.

5.   Issues
     Council resolved at the May Ordinary Meeting of Council that the Chief Executive
     prepare a report on ways Council can achieve productivity gains and greater
     efficiencies through the reduction of unnecessary administrative processes and
     administrative red tape, whilst ensuring no job losses or compromising of service
     delivery.




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ORDINARY MEETING                                                          27 JUNE 2005

   A significant number of efficiencies of this type have been undertaken over the recent
   past, and in the preparation of this budget, including:

        Standardisation of Council facilities cleaning contract under a single contract
        Renegotiation of the photocopier contract to upgrade machines and produce
         recurrent savings
        Transfer of cashiering function to Customer Service Officers
        Centralisation of training, and minor equipment purchases into a single control
         account to achieve more effective cost control
        Limiting of the provision for consultancies in the budget
        Returning in-house Community Hall management and council catering
        Outsourcing Internal Audit function
        Returning VicRoads administration to VicRoads while retaining the service in
         Melton
        Restructuring of the Local Laws unit
        Transfer of Fire Prevention role to Environmental Services to achieve
         synergies in service delivery
        Putting “on-hold” proposed extension to Civic Centre
        Re-occupying 5 McKenzie St for aged and disability services to provide
         efficiencies in service delivery and capitalise on funding opportunities
        Returned IT Services and Engineering services in-house
        Electronic Document Management System being introduced to achieve
         administrative efficiencies.
        One stop shop proposal for major developments

   The above efficiencies have been achieved without job loss, other than where
   retirements, end of contract or return of responsibility to core provider have been
   involved.

   They have also been achieved in an environment where the ability to streamline
   administrative processes has been constrained by the difficulty being experienced in
   attracting professional staff in a number of areas, notably Planning, Engineering and
   Accounting.

   Council management continues to actively pursue opportunities to streamline
   administrative processes to achieve efficiencies, however in some circumstances its
   ability to achieve outcomes is restricted by contractual obligations that are in place.

   A lot of work remains to be done, both in terms of streamlining the administrative
   process and attracting or securing a greater share of taxation revenue to ensure the
   medium to long term sustainability of Council.




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ORDINARY MEETING                                                           27 JUNE 2005

     A significant factor impacting on Council‟s budget continues to be the impact of cost
     shifting from State and Federal Governments. The extent and impact on Local
     Government of this cost shifting was clearly identified in the „Hawker Report”, tabled
     in Parliament, however, little or no tangible outcomes have resulted for Local
     Government.

     Council has a major advocacy role in the regard to highlight the impact on Council
     rates and charges that results from State and Federal Governments not providing a
     fair share of taxation revenue to Local Governments.

     In a period of record levels of taxation revenue and strong fiscal surpluses at both
     State and Federal level of Government, it is extremely frustrating that Local
     Government is being left to pick up an ever increasing share of the cost of service
     delivery without the benefit of appropriate access to growth revenues sources.

6.   Options
     Council is legally obligated to adopt a budget. Council has the option of varying the
     content of the Draft budget prior to adoption.

7.   Conclusion
     That Council proceed with adoption of the 2005/2006 Budget in the terms detailed in
     the recommendation.




                                                                                  Page 62
ORDINARY MEETING                                                               27 JUNE 2005


 ITEM NO 7                                                 FILE NO: 1695
                                                           Grant Thorne / jb



                     CALLANAN DRIVE FOOTPATH PETITION

PURPOSE OF REPORT:

To respond to the petition presented at the 23 May 2005 Ordinary Meeting of Council
requesting the closure of the throughway at Callanan Drive, Melton South.



RECOMMENDATION:
1.     That the petition containing 29 signatures from residents principally in Callanan
       Drive requesting the closure of the throughway at Callanan Drive to Coburns Road
       be received and noted.

2.     That Council complete the construction of the footpath and the modifications to be
       noise fence as described within the body of the report.

3.     That Council write to the resident who submitted the petition advising of Council‟s
       decision.

Motion

Crs Stock/Cugliari

That

1.     That the petition containing 29 signatures from residents principally in Callanan
       Drive requesting the closure of the throughway at Callanan Drive to Coburns Road
       be received and noted.

2.     That further consultation by way of a letter drop be undertaken with residents by
       Council staff.

3.     That submissions process be undertaken for interested parties the opportunity to
       give verbal submissions to the Ward Councillor and Council staff.

4.     That a further report be presented to Council on the findings.

5.     That Council write to the resident who submitted the petition advising of Council‟s
       decision.

                                                                                   CARRIED




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ORDINARY MEETING                                                            27 JUNE 2005


REPORT
1.   Background
     A petition was tabled at the 23 May 2005 Ordinary Meeting of Council signed by 29
     residents concerned about the construction of a footpath from Callanan Drive to
     Coburns Road (Appendix 1).

     A locality plan is attached as Appendix 2.

     The signatories to the petition are concerned about the works being undertaken
     without any notification, the opening to the freeway is dangerous to the residents and
     children living in the street, the noise from the traffic has increased since the fence
     was removed and the opening in the fence is wide enough for a car to drive through.

2.   Community Planning Reference and Policy Reference
     Key Direction
     Roads and Facilities
     Developing and maintaining roads, paths, drains, parks, buildings and other physical
     assets of our community

     Growth and Development
     Roads, paths, drains, parks, community facilities and other infrastructure that is
     responsive to community growth, safety, social and economic development and
     environmental sustainability.

3.   Financial Considerations
     The cost of this project was being funded through Councils 2004/05 Footpaths
     Construction Program with the estimated cost of the works being $6040.00

4.   Consultation/Public Submissions
     No consultation was undertaken with the residents of Callanan Drive prior to
     undertaking the works. This decision was reached given that Council was effectively
     formalising a well worn dirt path to make the area safe to walk on in all weather
     conditions, and the proposed path is not on the direct frontage of any property.

5.   Issues
     The footpath to Coburns Road from Callanan Drive was being formalised from an
     existing well worn dirt path used by the local residents (Appendix 3) into a concrete
     path, which would make it safe to be traversed in all weather conditions. The noise
     fence from the freeway has been modified slightly to allow pedestrians to legally
     access Callanan Drive.




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ORDINARY MEETING                                                            27 JUNE 2005

     Previously the sound fence stopped at the corner of Callanan Drive road reserve and
     98 Coburns Road. The previous access via the dirt path was around the end of the
     fence through private property into the Coburns Road road reserve. In formalising
     the path Council is required to ensure that the path is not accessing across private
     property and hence the end of the fence was modified slightly.

     The works as they stand now are incomplete. The completed works consist of a
     concrete footpath from the existing footpath, which ends at the end of Callanan Drive
     connecting to the existing concrete footpath in Coburns Road. The noise fence could
     be altered to form a dog leg as shown in (Appendix 4) which will reinstate the
     protection from the noise of the traffic on the off ramp to the Western Highway, and a
     bollard can be placed in the opening in the fence to ensure that vehicles cannot drive
     through the fence.

     Overall this footpath was being constructed to formalise an existing well-worn dirt
     path to provide improved access for those local residents of Melton South.

6.   Options
     There are two options available to Council regarding these works.

     Option 1

     Reinstate the conditions on site to as they were prior to Council undertaking the
     works. This will involve replacing the noise fence, and removing the crushed rock
     placed as the bedding to the concrete footpath. This option will lead to the local
     residents of Melton South returning to the existing path, which will mean walking
     around the end of the noise fence through private property, and over a dirt path to
     Coburns Road.

     Option 2

     Complete the works as originally identified by Council being constructing a concrete
     path from the end of the existing concrete path in Callanan Drive to Coburns Road
     and creating a dog leg in the noise fence as shown in (Appendix 4) to reinstate the
     protection afforded by the noise fence.

     Option 3

     Undertake consultation with residents in the area, through a letter drop or similar, and
     including Coburn Primary School to seek their views on the issue.

7.   Conclusion
     It is recommended that option 2 above be adopted, as this formalises an existing
     well-worn dirt path, which was used by local residents and makes safe the area to be
     traversed by pedestrians in all weather conditions.




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ORDINARY MEETING                                                          27 JUNE 2005


 ITEM NO 8                                              FILE NO: 80/80/80/40
                                                        Mat Garner / --



        MELTON PLANNING SCHEME - AMENDMENT C43 WESTERN
          FREEWAY/LEAKES ROAD INTERCHANGE, ROCKBANK

PURPOSE OF REPORT:

To consider the public submissions received following the exhibition of Amendment C43 to
the Melton Planning Scheme to apply a Public Acquisition Overlay – Schedule 1 (PAO1) to
protect and reserve land required for the proposed Western Freeway and Leakes Road
interchange.



RECOMMENDATION:
That Council, as the Planning Authority, resolve to refer submissions received to Melton
Planning Scheme Amendment C43 to a planning panel, pursuant to section 23(1)(b) of the
Planning and Environment Act 1987.

Crs Stock/Cugliari. That the recommendation be adopted.
                                                                              CARRIED




REPORT
1.   Background
     Executive Summary

     Council has publicly exhibited Melton Planning Scheme Amendment C43 to
     introduce a Public Acquisition Overlay to a number of properties around the Leakes
     Road-Western Highway intersection in Rockbank.

     The amendment will allow VicRoads to acquire several properties associated with the
     future construction of a grade-separated freeway interchange at the intersection.

     Council has received a number of public submissions following the exhibition of the
     amendment. It is recommended that Council refer these submissions to a planning
     panel to be appointed by the Minister for Planning, in accordance with the
     requirements of the Planning and Environment Act 1987.




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ORDINARY MEETING                                                            27 JUNE 2005

     Council has recently prepared and publicly exhibited Melton Planning Scheme
     Amendment C43, which proposes to introduce a Public Acquisition Overlay to a
     number of properties around the Leakes Road-Western Highway intersection in
     Rockbank (Appendix 1). The amendment is required to allow VicRoads to acquire
     several properties associated with the future construction of a grade-separated
     freeway interchange at the intersection.

     Exhibition of the amendment has followed an extensive consultation process,
     conducted by VicRoads, which identified a number of different options for the
     construction of the interchange. The amendment reflects the preferred option
     identified as part of this process.

     In response to the exhibition of the amendment, a number of public submissions
     have been received. Four of these submissions either object to the Amendment, or
     seek changes to it.

     It is recommended that Council ask the Minister for Planning to appoint an
     independent panel to consider these submissions, pursuant to section 23(1)(b) of the
     Planning and Environment Act 1987.

     The intersection of the Western Hwy with Leakes Road has long been identified as a
     future full freeway interchange. The intersection has been the site for a number of
     serious motor accidents over a number of years. The current intersection treatment
     allows slow-moving traffic to enter the Freeway directly at-grade from Leakes Road,
     from both north and south, creating a hazard for faster moving vehicles on the
     Freeway itself. To this end, both Council (through the Melton Municipal Strategic
     Statement) and the State Government (through VicRoads‟ Western Highway Corridor
     Strategy and the Outer Western Suburbs Transport Strategy) have policies in place
     to support the upgrade of this intersection to full freeway interchange standard.

     A number of years ago, VicRoads initiated a program of public consultation to review
     a number of options for the future construction of this interchange. In all, six options
     were publicly exhibited, and following this consultation program VicRoads made an
     assessment of these options and identified a preferred option. VicRoads then
     approached Council to seek a planning scheme amendment to support the preferred
     option.

     Melton Planning Scheme Amendment C43 proposes introducing a Public Acquisition
     Overlay to a number of properties that need to be acquired by VicRoads to allow
     construction of the Western Hwy/Leakes Road interchange. Attachment 1 shows
     those properties that would need to be acquired to allow development of the
     interchange.

2.   Community Planning Reference and Policy Reference
     The Amendment is affected by Minister‟s Direction No. 9 – Metropolitan Strategy,
     and is considered under Section 12(2) of the Planning and Environment Act 1987.
     This Amendment is fully consistent with Melbourne 2030, and in particular:




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ORDINARY MEETING                                                           27 JUNE 2005

          Direction 2, Policy 2.3, which seeks to establish infrastructure services ahead
           of development in growth areas;
          Direction 5, Policy 5.3, which aims at improving community safety; and
          Direction 8, Policy 8.5, which will improve the management, efficiency and
           safety of existing road infrastructure.

     The Amendment is also consistent with proposed Clauses 12.05-2, 12.05-5 and
     12.05-8 of the State Planning Policy Framework.

     The Amendment is consistent with Clause 11.03-4 in setting aside land for the
     construction of future transport routes and Clause 18, „Infrastructure‟, of the State
     Planning Policy Framework. The Amendment is further supported by the Local
     Planning Policy Framework, in particular the objective for the development of a future
     freeway interchange at this location in the current MSS as part of Clause 21.04-3.
     This is now reinforced by Clauses 21.03-8, 21.07-5, and 21.08-6 in the MSS draft 3-
     year review, in preparation. Strategies and actions within Council‟s Community Plan
     2003-2006 under „developing and maintaining roads‟ and „transport‟ give further
     support to improving access and road safety throughout the Shire.

3.   Financial Considerations
     VicRoads have agreed to meet all costs associated with this Amendment.

     The PAO will exempt VicRoads from the permit requirements of the PAO, and
     associated fees, once the land has been acquired, thereby enabling road
     construction to commence prior to the road being declared and the land included in a
     Road Zone Category 1.

4.   Consultation/Public Submissions
     The planning scheme amendment was formally exhibited from 9 September 2004 to
     15 October 2004. This exhibition involved:

          Notice in the local newspapers;
          Notice in the Victorian Government Gazette;
          A letter to affected and surrounded property owners/occupiers;
          Notice to Ministers prescribed under the Planning and Environment
           Regulations 1998.
          Notice to relevant referral authorities/government agencies.

     The exhibition of the amendment followed on from an extensive community
     consultation program, which was co-ordinated over a number of years. The
     consultation involved community input into a number of design alternatives for the
     proposed interchange, and resulted in VicRoads adopting a preferred option for the
     interchange, which forms the basis of the current planning scheme amendment.




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ORDINARY MEETING                                                             27 JUNE 2005


5.   Issues
     A total of seven submissions were received in response to the public exhibition of the
     amendment. These submissions, and the officer response, are addressed below:

     i)     Rockbank General Store
            Concerns about the potential for the future construction of the interchange to
            restrict access to the Rockbank General Store and reduce the prominent
            visibility of the store from the Western Hwy.

            Officer Response: The proposed design for the interchange has already been
            subject to extensive community consultation, and represents both VicRoads‟
            and Council‟s preferred design for the interchange. This submission should
            be referred to a planning panel.

     ii)    Godings
            Concerns about the potential for the construction of the interchange to
            adversely affect the viability of the business, on the basis that it will restrict
            access to the site and will reduce visibility of the business from the Western
            Hwy.

            Officer Response: The submission should be referred to a planning panel.

     iii)   Jayaland
            Coomes Consulting Group, on behalf of Jayaland, have prepared a
            submission generally supporting the proposed interchange, given their
            ownership of the former Dept of Defence land to the north-east of the
            intersection.

            Officer Response: No change needed to the amendment.

     iv)    Faradin Nuredeni
            Concerns about the potential for his land to be bisected by the proposed
            interchange, remediation works that will be required to the property once the
            interchange is constructed, and the implications of additional traffic and noise
            associated with the construction of the interchange.

            Officer Response: The submission should be referred to a planning panel.

     v)     Australian Democratic Association of Southern Hungarians Inc
            Supports the proposed amendment, on the basis of a number of undertaking
            from VicRoads, relating to access to their Western Hwy site.

            Officer Response: The submission does not request any specific changes to
            the format of the amendment, however it is appropriate that the submission be
            referred to a planning panel. The submission relates, in part, to vehicular
            access, and it is important that the planning panel has regard to this
            submission when it ultimately makes recommendations to Council with regard
            to the other submissions and vehicular access.




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ORDINARY MEETING                                                          27 JUNE 2005

     vi)    Tony Longo
            The submission objects to the amendment as proposed, and outlines a
            number of concerns associated with the design and construction of the
            proposed interchange, including:

                 The amount of land to be acquired as part of the construction;
                 Disruptions to vehicular movements during the construction of the
                  interchange;
                 The development of the interchange in the context of future urban
                  development in the region.

            Officer Response: The submission should be referred to planning panel.

     vii)   Country Fire Authority
            The CFA have submitted that they have no concerns with regard to the
            Amendment, and do not object.

            Officer Response: No change to the amendment required.

6.   Options
     In accordance with section 23(1) of the Planning and Environment Act 1987, Council
     must resolve to do one of the following:

           Change the planning scheme amendment in the manner requested in the
            submissions;
           Refer submissions received regarding the amendment to an independent
            panel, to be appointed by the Minister for Planning; or
           Abandon the amendment.

     Given the significance of the proposed interchange construction, it is considered
     appropriate for Council to continue to support the planning scheme amendment. It is
     therefore recommended that submissions received during the public exhibition of the
     amendment be referred to an independent panel. The panel will then consider those
     submissions within the context of the overall strategic rationale behind the
     amendment, and will provide recommendations back to Council about the further
     progression of the amendment, in accordance with the Planning and Environment
     Act 1987.


7.   Conclusion
     The proposed reservation of land for the future construction of a freeway interchange
     at the intersection of the Western Freeway and Leakes Road is consistent with both
     state and local planning policy. The interchange is considered to be a vital future
     component of transport infrastructure in the Shire, and must continue to be
     supported. The submissions received in response to Melton Planning Scheme
     Amendment C43 should therefore be referred to a an independent panel appointed
     by the Minister for Planning, in accordance with the requirements of the Planning and
     Environment Act 1987.




                                                                                 Page 70
ORDINARY MEETING                                                                 27 JUNE 2005


 ITEM NO 9                                                 FILE NO: 10/195/05/026/2
                                                           A Boyle and F Hogan



     PROVISION OF ARCHITECTURAL SERVICES FOR THE CAROLINE
      SPRINGS INDOOR SPORTS STADIUM CONTRACT NO. 05/026

PURPOSE OF REPORT:

Tenders have been advertised for the Provision of Architectural Services and Project
Management for the development of the Caroline Springs Indoor Sports Stadium. This
report is to inform Council that the tender assessment has been completed and a
recommendation is presented to Council for consideration.



RECOMMENDATION:
That Contract 05/026, the Provision of Architectural Services and Project Management for
the Caroline Springs Indoor Sports Stadium, be awarded to Prior & Cheney Architects Pty
Ltd for the fixed price of $347,800.00 (GST Exclusive).

Crs Stock/Cugliari. That the recommendation be adopted.
                                                                                     CARRIED


REPORT
1.   Background
     Caroline Springs is a central residential development within the Melton East growth
     corridor. A prime focus of the Caroline Springs development will be a centrally
     located „Town Centre‟ precinct comprising retail, commercial, education, sporting,
     recreational, civic and cultural facilities.

     The delivery of the sporting and recreational facilities has been planned as a
     cooperative arrangement involving the Department of Education and Training (DET),
     Mowbray College, Delfin Lend Lease, The Department of Victorian Communities
     (Sport and Recreation Victoria) and the Shire of Melton.

     Detailed planning has been underway for some 18 months towards the development
     of purpose built regionally based recreation infrastructure that will service the broader
     Melton East catchment. The development of an indoor sports stadium has been a
     critical element of the precinct planning and will be located on public open space
     within the Caroline Springs Town Centre development.




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ORDINARY MEETING                                                           27 JUNE 2005

   It is proposed that Stage 1 of the facility will comprise three basketball/netball size
   courts to meet the short to medium term needs of the general community; and the
   medium to longer term demand of the two education sector stakeholders. One of
   these courts will double as a multi function space to accommodate community and
   school functions until a formal performing arts or assembly / function venue is
   developed. Stage 2 of the stadium will likely comprise an additional two courts.

   Council will be the owner of the building with responsibility for management,
   maintenance and any capital improvements. Construction of the facility is being
   undertaken via a joint venturers agreement between the Ministry of Education, Delfin
   Management Services Pty Ltd, Mowbray College and Melton Shire Council.

   Tenders were advertised for this contract in the Age newspaper on the 12 March
   2005 and local press on the 15 March 2005. Tenders closed at 5.00pm on the 4 April
   2005. A total of 19 tender documents were distributed to interested parties.

   Tenders were received from the following 19 companies.

         ML Design                                       $334,310       (GST Excluded)
         Prior & Cheney                                  $322,650         “      “
         Sinclair Knight Merz                            $294,600         “      “
         Simon and Freda Thornton Architect              $180,000         “      “
         HKB Architects                                  $209,090         “      “
         Oaten Stanistreet Architects                    $273,350         “      “
         Clarke Hopkins Clarke                           $296,635         “      “
         BGA Architects                                  $340,309         “      “
         BHA – Baade Harbour                             $n/a
         Haskell Architects                              $192,271          “       “
         William Ross                                    $486,700          “       “
         Whitefields Mclean                              $429,570          “       “
         SJB Architects                                  $n/a
         Santel                                          $458,100          “       “
         Thompson Adsett                                 $368,444          “       “
         Daryl Jackson                                   $423,000          “       “
         GHP                                             $273,600          “       “
         COX                                             $370,600          “       “
         Spowers                                         $434,100          “       “

   The average price of the above is $334,548.82 (GST excluded).

   All tenders were initially evaluated based on the following weighted criteria:
         Conforming Tender
         Cost
         Experience
         OH&S Systems
         Availability
         Reference Checks




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ORDINARY MEETING                                                            27 JUNE 2005

     The stakeholders for the Indoor Sports Facility were presented with seven
     architectural companies and determined to shortlist to four for further interviewing.

     Once the four companies were agreed upon a list of items was sent to each company
     to require them to re-assess their costs for the work to conform to the Architectural
     brief requirement. All companies provided revised costs, as below, which then
     represented a true value on their behalf to complete the work to Council required
     performance standards.

     The following short listed companies were selected by stakeholders for an evaluation
     panel interview:
          ML Design                                           $345,310    (GST Excluded)
          Prior & Cheney                                      $347,800       “      “
          Sinclair Knight Merz                                $309,800       “      “
          Clarke Hopkins Clarke                               $330,435       “      “

     The tender evaluation panel consisted of the following:
          Adam Boyle, Tourism & Leisure Services Manager, Melton Shire Council
          Frank Hogan, Contract Administrator, Melton Shire Council
          Brian Simons, Principal, Mowbray College
          Justin Ray, Senior Urban Designer, Delfin Lend Lease
          Paul Arney, Caroline Spring College (DET)

     Tenders interviews were held on 31st May 2005. Interviews consisted of architect
     presentations and tenders were assessed against 3 key weighted criteria:
         Fee / value for Money
         Capability
         Capacity

2.   Community Planning Reference and Policy Reference
     The following key directions from Council‟s 2004-2008 Community Plan, support the
     development of the this vital piece of community infrastructure:

     Key Direction - Growth and Development

         Roads, paths, drains, parks, community facilities and other infrastructure that is
          responsive to community growth, safety, social and economic development and
          environmental sustainability

     Key Direction – Leisure

         An active community, with leisure choices and opportunities.




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ORDINARY MEETING                                                          27 JUNE 2005

     Key Direction: Community Services, Capacity and Well-being
         Leisure – an active community, with leisure choices and opportunities.
         Community Planning and Service Delivery – service planning and delivery that
          is accessible and relevant to community needs.

3.   Financial Considerations
     The financial component for this contract will be accommodated in 2005/06 Budget.

4.   Consultation/Public Submissions
     As part of the project brief for this contract, the architect will co-ordinate a
     consultation process with nominated key stakeholders, Council officers, and potential
     community user representatives.

5.   Issues
     The selection of the preferred tender was assessed off a weighted criteria process,
     whereby the capacity and capability of the tenders was viewed of higher value than
     that of the contract price.

6.   Options
     Not Applicable

7.   Conclusion
     The design and eventual construction of the Indoor Sports Stadium, in Caroline
     Springs, will provide a formal community space that is accessible to support the
     development of a range of community based sport and recreation programs and
     services, supporting the health and well being of residents of the Shire of Melton.




                                                                                 Page 74
ORDINARY MEETING                                                              27 JUNE 2005


ITEM NO 10                                                FILE NO: 6831/0010
                                                          Julie Brown



            APPLICATION FOR PLANNING PERMIT PA2005/450

PURPOSE OF REPORT:

To consider an application for the development of two (2) dwellings on Lot 36 on
PS510449H, 1 She Oak Court, Melton West.


RECOMMENDATION:
That Council (as Responsible Authority) issue a Permit for the development and use of
two (2) single-storey dwellings on land at Lot 36 on PS510449H, number 1 She Oak
Court, Melton West, subject to the following conditions:

1.    Before the use and development commences three (3) copies of amended layout
      plans must be submitted to and approved by the Responsible Authority. These
      plans must be generally in accordance with the original plans submitted but must be
      amended to show:

      a)     Setback unit two, a minimum of 4 metres from the front boundary (Roslyn
             Park Drive).

      b)     Relocate the front entry to the front section of the dwelling near the garage
             and street to satisfy Standard B12 of Clause 55 of the Melton Planning
             Scheme.

      c)     Setback unit one, 6 metres from the front boundary (She Oak Court).

      The plans are to be to the satisfaction of the responsible authority.

2.    The layout of the site and the size and layout of the buildings and works as shown
      on the endorsed plan must not be altered or modified without the written consent of
      the Responsible Authority.

3.    The following shall be undertaken to the requirements and satisfaction of the
      Responsible Authority prior to the occupation of the dwellings hereby permitted:

      a)     Drainage from the site shall be directed to the approved legal point of
             discharge to the satisfaction of the Responsible Authority.

      b)     Drainage design calculations shall be submitted to the Responsible Authority
             for approval. Drainage volumes discharging from the site shall be limited to a
             maximum of 56.41l/sec where drainage volumes from the site exceed this
             volume; onsite retention shall be required to the satisfaction of the
             Responsible Authority.



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ORDINARY MEETING                                                            27 JUNE 2005

      c)     A single vehicle crossing off Roslyn Park Drive shall be constructed in
             accordance with Melton Shire standards.

      d)     Any existing works affected by the new works shall be reinstated at no cost
             and to the satisfaction of the Responsible Authority.

             i)      Where external lighting is provided it must be fitted with suitable
                     baffles and located so as to prevent the emission of direct light onto
                     adjoining properties or roadways to the satisfaction of the Responsible
                     Authority.

             ii)     The site must be kept in an ordered and tidy state and its appearance
                     must not prejudicially affect the amenity of the area.

             iii)    Any air-conditioning units or any other facilities or services must not
                     be located on or project above the roof lines and the noise generated
                     from such equipment must not exceed the levels set by the relevant
                     State Environment Protection Policies.

             iv)     The permit will expire if:

                      –    the development is not commenced within two (2) years of the
                           date of this permit.

                      –    the development is not completed within four (4) years of the
                           date of this permit.

      The Responsible Authority may extend the periods referred to if a request is made,
      in writing, before or within three months of the relevant expiry date.

NOTE:

A.    The building must comply with the Building Regulations and the Building Code of
      Australia.

B.    A vehicle crossing permit will be required from Council prior to the construction of
      vehicle crossings.

Cr Rowan arrived at 7.55pm.

Motion:

Crs Stock/Cugliari

That Council (as Responsible Authority) issue a Permit for the development and use of
two (2) single-storey dwellings on land at Lot 36 on PS510449H, number 1 She Oak
Court, Melton West, subject to the following conditions:

1.    Before the use and development commences three (3) copies of amended layout
      plans must be submitted to and approved by the Responsible Authority. These
      plans must be generally in accordance with the original plans submitted but must be
      amended to show:



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     a)          Setback unit two, a minimum of 4 metres from the front boundary (Roslyn
                 Park Drive).

     b)          Relocate the front entry to the front section of the dwelling near the garage
                 and street to satisfy Standard B12 of Clause 55 of the Melton Planning
                 Scheme.

     c)          Setback unit one, 6 metres from the front boundary (She Oak Court).
     The plans are to be to the satisfaction of the responsible authority.

2.   The layout of the site and the size and layout of the buildings and works as shown
     on the endorsed plan must not be altered or modified without the written consent of
     the Responsible Authority.

3.   The following shall be undertaken to the requirements and satisfaction of the
     Responsible Authority prior to the occupation of the dwellings hereby permitted:

     a) Drainage from the site shall be directed to the approved legal point of discharge
        to the satisfaction of the Responsible Authority.

     b) Drainage design calculations shall be submitted to the Responsible Authority for
        approval. Drainage volumes discharging from the site shall be limited to a
        maximum of 56.41l/sec where drainage volumes from the site exceed this
        volume; onsite retention shall be required to the satisfaction of the Responsible
        Authority.

     c) A single vehicle crossing off Roslyn Park Drive shall be constructed in
        accordance with Melton Shire standards.

     d) Any existing works affected by the new works shall be reinstated at no cost and
        to the satisfaction of the Responsible Authority.

          i)       Where external lighting is provided it must be fitted with suitable baffles
                   and located so as to prevent the emission of direct light onto adjoining
                   properties or roadways to the satisfaction of the Responsible Authority.


          ii)      The site must be kept in an ordered and tidy state and its appearance
                   must not prejudicially affect the amenity of the area.

          iii)     Any air-conditioning units or any other facilities or services must not be
                   located on or project above the roof lines and the noise generated from
                   such equipment must not exceed the levels set by the relevant State
                   Environment Protection Policies.

          iv)      The permit will expire if:
                    –   the development is not commenced within two (2) years of the date
                        of this permit.
                    –   the development is not completed within four (4) years of the date of
                        this permit.

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      The Responsible Authority may extend the periods referred to if a request is made,
      in writing, before or within three months of the relevant expiry date.

NOTE:
1.    The building must comply with the Building Regulations and the Building Code of
      Australia.

2.    A vehicle crossing permit will be required from Council prior to the construction of
      vehicle crossings.


                                                                                     CARRIED




REPORT
1.   Background
     Executive Summary

     The application is for the development and use of two single storey dwellings. The
     application was advertised via a sign on the site and notification to adjoining property
     owners, and one objection was received as a result of advertising.

     The grounds of objection are based on the proposal not being consistent with the
     covenant associated with the Certificate of Title for the subject site.

     The objectors purchased their land on the basis that there would be no dual
     occupancies in the street. The covenant associated with the objectors land (Lot 37)
     which is located next door to 1 She Oak Court does not include the subject site (Lot
     36) for dual occupancy development. The subject sites associated covenant, which is
     different to the objectors, allows for dual occupancy on Lot 36, 1 She Oak Court,
     Melton. Both sections of land are part of the same plan of subdivision, however, both
     have different covenants. It is not the responsibility of Council to identify which land is
     „benefited‟ with the same restrictive covenant; it is Council‟s responsibility to ensure
     that the development proposal is consistent with the subject sites restrictive
     covenant. The development proposal is consistent with the restrictive covenant.

     Unit 2 is to have a frontage to Roslyn Park Drive with a building area of 159.12m 2,
     and unit 1 is to have a frontage to She Oak Court with a building area of 111.74m 2.
     Both units provide for private open space areas greater than the minimum
     requirement of 40m2, and single car garages with tandem spaces.

     It is considered that the proposal generally complies with purpose of the Residential
     1 Zone and ResCode requirements and is therefore recommended that a Notice of
     Decision to Grant a Permit be issued.


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         Application:           Use and development of two (2) single storey dwellings.
         Applicant:             Liden Design Group
         Property/Location:     Lot 36, 1 She Oak Court Melton
         Zoning:                Residential 1 Zone (R1Z)
         Overlay/s:             None.

     The Land

     The site is located on the south side of She Oak Court. The site has a frontage of
     16m (She Oak Court) 26.05m (Roslyn Park Drive) and a depth of 27.28m, with a total
     site area of 738.59m2.

     The subject site rests within a sparsely developed residential area, with the
     predominant building form being single dwellings on one site. The land to the north is
     currently zoned residential, however has not been subdivided.

     Refer to Appendix 1 for a locality plan

     The Application

     The proposal involves the construction of two single – storey dwellings, with
     pedestrian and vehicle access for unit 1 from She Oak Court, and Roslyn Park Drive
     for unit 2.

     Unit 1 proposes the following characteristics:

             2 bedrooms;
             1 undercover car space and one tandem space;
             71.56m2 of private open space; and
             open plan living, family / meals kitchen area.

     Unit 2 proposes the following characteristics:

             3 bedrooms;
             1 undercover car space and one tandem space;
             66.77m2 of private open space;
             the garage area given the triangular design provides for an additional storage
              area; and
             open plan living, family / meals kitchen area.

     Refer to Appendix 2 for plans of the proposal


2.   Corporate Planning Reference and Policy Reference
     The Corporate Plan refers to the need to:

     Sustain Melton’s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities



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3.   Financial Considerations
     No Council related financial considerations are involved with the application.

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing on the land for a period of 14 days. A total of one
     (1) objection was received in relation to the application. The issues raised in the
     objections can be summarised as follows:

            We purchased our land on the proviso that there were to be no dual
             occupancies in our street. The restrictive covenant received from the real
             estate agent does not allow dual occupancies on Lot 36.

     A response the objection will be provided later in the report.

     Referral of the application

     The application was referred to the following authorities/Departments of Council and
     the following responses received:

         Authority / Department          Response
         Engineering Department          The proposal was supported subject to conditions
                                         placed on any permit that should issue.


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Residential 1 Zone and
     is not covered by any overlay.

     State Planning Policy Framework (SPPF)

     The proposal is consistent with the State Planning Policy Framework which
     encourages the development of well designed medium density housing which
     respects neighbourhood character, improves housing choice, make better use of
     existing infrastructure and improves energy efficiency of housing

     The following policies in the State Section of the Melton Planning Scheme are
     identified as being relevant to the proposal:




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         Settlement (Clause 14);
         Energy Efficiency (Clause 15.12); and
         Medium Density Housing (Clause 16.02).

   The Settlement Policy pursuant to Clause 14 of the Melton Planning Scheme
   encourages consolidation of residential activities within the existing urban areas
   whilst respecting the neighbourhood character. The subject site is appropriate for
   medium density development through consolidation of residential activities.

   The Medium Density Housing Policy pursuant to Clause 16.02 of the Melton Planning
   Scheme objectives are to encourage the development of well-designed medium-
   density housing which:

         Respects the neighbourhood character;
         Improves housing choice;
         Makes better use of existing infrastructure; and
         Improves energy efficiency of housing.

   The proposal generally satisfies the above mentioned policies, and Planning
   Scheme objectives.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.02-3 of the MSS details Council‟s planning objectives for the Shire, with
   the objective relating to residential land use being:

   “To create sustainable and liveable communities that are attractive and desirable
   places in which to live”.

   Clause 21.04-1 relates to the Melton Township and states the following objective:

   “To continue to develop Melton as the Shire’s pre-eminent civic, employment,
   education and retail centre by improvements to the town’s employment and retail
   base and by providing a range of housing opportunities, especially in the areas of low
   density and rural residential development.”

   Strategies of this Clause, which relate to the application, include:

         Encourage all new urban development to occur in the Melton township
          designated area.
         Encourage higher density housing to be developed in areas in close proximity
          to shopping, public transport, educational facilities and open space especially
          the Melton Railway Station.

   The proposal satisfies the above mentioned policies and strategies.




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   Local Planning Policies

   Clause 22.01 (Residential Land Use Policy) recognises that Melton‟s housing market
   is dominated by privately owned detached dwellings. The Policy recognises that
   although this is expected to continue, more variety must be provided in the housing
   market to cater for the varying needs of the community.

   Objectives of the policy include:

         To encourage the provision of a diverse range of housing options that meets
          the needs of current and future residents.
         To encourage energy efficiency in housing and subdivision designs.
         To clearly identify future development directions and patterns.
         To ensure new residential development is integrated with existing urban areas
          (by road, pedestrian, cycle and open space links).
         To encourage residential development which fosters social interaction,
          community and neighbourhood and which creates a sense of place and
          identity.
         To provide quality affordable housing opportunities for people on low and
          moderate incomes.

   Residential One Zone

   The purpose of the Residential One Zone includes:

         To provide for residential development at a range of densities with a variety of
          dwellings to meet the housing needs of all households.
         To encourage residential development that respects the neighbourhood
          character.

   The Residential 1 Zone states that before deciding an application Council must
   consider:

         The State Planning Policy Framework and the Local Planning Policy
          Framework, including the Municipal Strategic Statement and local planning
          policies.
         The objectives, standards and decision guidelines of Clause 55.

   The proposal satisfies a range and variety of densities in the context of the
   immediate neighbourhood, and generally supports the neighbourhood
   character.

   Clause 55 – ResCode

   The proposal is generally compliant with the provisions of Clause 55 of the Melton
   Planning Scheme. The following Standards are not complied with:




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   Standard B6

   Unit 1 is proposed to be setback 4.6m from the street; this is not consistent with the
   adjoining property, which is setback 6m.

   Unit 2 adjoins a vacant site; as such the required setback is a minimum of 4m. The
   proposed setback is 3.44m.

   These non-compliances can be addressed by way of a condition on any permit that
   may issue. That is dwelling 1 to be setback 6m from the site frontage and dwelling 2
   to be setback 4 metres from the site frontage.

   Standard B12

   The proposed entry point to unit 2 is not considered to be appropriate. It is setback
   7m from the site frontage and the garage is sited on the other side of the lot. As such
   the entry point is considered to be unsafe and isolated.

   This non-compliance can be addressed by way of a condition on any permit that may
   issue. That is the relocation of the entry point to firstly be more accessible from the
   garage and secondly be located near the street frontage.

   Standard B28

   Whilst both units provide the required area for private open space, the larger area for
   unit 2, as the private open space area is divided is not considered to provide for the
   reasonable recreation and service need of the residents. Direct access is not
   available from the living / family / meals area, instead access is from the rear of the
   garage.

   This non-compliance can be addressed by way of a condition on any permit that may
   issue. That is, design modifications to combine the disjointed private open space
   areas into one, with a northern orientation and to be directly accessible from the
   habitable rooms (family and meal room). The outcome of these changes will increase
   the surveillance and useability of the space and increase access to the solar
   elements.

   Response to Objections

   The following comments are made in relation to concerns raised by objectors that
   have not already been addressed above, with officers comment in italics:

        We purchased our land on the proviso that there were to be no dual
         occupancies in our street. The restrictive covenant received from the real
         estate agent does not allow dual occupancies on Lot 36;

         The covenant associated with the Certificate of Title for the subject site and
         endorsed by the Office of Titles in Victoria allows for dual occupancy
         development on lot 36 on Plan of subdivision 510449H, 1 She Oak Court
         Melton.



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           The copy provided to Council with the objection was a sheet of paper provided
           that was not endorsed by the Office of Titles in Victoria, and is therefore has
           no legal standing.

           At the time of subdivision some developers choose to place a restrictive
           covenant on land which restricts the way in which it can be used. This is
           entirely at the discretion of the developer and is generally something that is
           exercised to try and maintain the development to a certain standard.
           Covenants can vary literally from one allotment to the next, which is the same
           covenant does not necessarily apply to all allotments within an estate or a
           stage of development within the estate. For example in some instances
           developers may preclude dual occupancies within the majority of the estate
           however they may deliberately not impose this restriction on corner allotments
           as they often suit such development given they have two street frontages.
           Prospective purchasers of land will be aware of restrictions that apply to their
           specific property as is detailed within the title. It is generally advisable
           however that they seek assurance from the developer through actually viewing
           the titles of those allotments. However, ultimately there is no guarantee that a
           restriction placed on title may not be removed in time. For example a planning
           permit application can be made to remove a restriction, as is the case in this
           current application.


6.   Options
     Council (as responsible authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.

7.   Conclusion
     In determining this application, regard has been given to State and Local Planning
     Policy frameworks, the objectives and standards of Clause 55 (ResCode) and all the
     objections received.

     It is considered that the proposal will result in a good quality, well-designed medium
     density development. The proposal will provide a good opportunity for an increase in
     the densities available in the area. The development responds to the character of the
     area in its design and built form whilst satisfying the requirements of Clause 55 of the
     Melton Planning Scheme (ResCode).

     As a result of the above mentioned comments the proposal is considered appropriate
     for the site and the surrounding neighbourhood, and will make a positive contribution
     to the existing neighbourhood character. It is therefore recommended that a Notice of
     Decision to Grant a Planning Permit be issued.




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ITEM NO 11                                               FILE NO: 3400/17
                                                         Julie Brown



           APPLICATION FOR PLANNING PERMIT NO. PA 2004/386
PURPOSE OF REPORT:

To consider an application for planning permit for the use and development of the land at
41-45 Westwood Drive for garden supplies.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Decision to Grant a Permit for the
use and development of the land at 41-45 Westwood Drive, Ravenhall for garden supplies,
subject to the following conditions:

1.    Before the use and development commences three (3) copies of amended layout
      plans must be submitted to and approved by the Responsible Authority. These
      plans must be generally in accordance with the original plans submitted but must be
      amended to show:

      a)     Brick sand, packing sand, concrete sand, sandy loam and organic soil must
             be stored in bunkers and walled on three sides, and walls must extend one
             metre above the height of the maximum quantity of material stored in the
             bunker. The maximum height of the bunker walls to be 2.4m.

      b)     Hoppers and bunkers used to store sand and soil must be fitted with water
             sprays.

      c)     Landscape both sides of the front entry from Westwood Drive to a depth of 5
             metres wide, which must also include at least two rows of trees/shrubs.

      d)     Landscape the western side boundary for a distance of 72.02m for a depth of
             3 metres.

      e)     Paint the front and eastern side external precast concrete panel walls a
             muted colour.

      f)     The permit holder must submit an Environmental Management Plan that
             must include but be not limited to:

             i)     nuisance dust control measures;




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           ii)     measures to manage dust emissions generated from areas of the
                   premises traversed by vehicles including consideration of:

                        paving with a hard impervious surface; and

                        management controls, and includes a detailed plan of the
                         premises indicating areas of the premises traversed by vehicles
                         and explains in detail how dust emissions generated from
                         trucks and mobile vehicles will be managed.

           iii)    maintenance and procedures for dust control equipment;

           iv)     procedures for operating the water-water collection system;

           v)      procedures for monitoring discharge of storm water off-site;

           vi)     procedures for reuse of contaminated storm water;

           vii)    maintenance procedures for fuel and chemical storage tanks and
                   filling facilities; and

           viii)   complaint acceptance and response procedures.

           The plans are to be to the satisfaction of the responsible authority. The
           layout of the site must at all times be in accordance with the endorsed plans.

2.   Three copies of a detailed landscape plan prepared by a qualified landscape
     architect or a person of approved professional competence must be submitted to
     council showing the following:

          planting layout;

          schedule of species;

          provision of hose points or irrigation system.


3.   Visible particles, including dust, must not be discharged beyond the boundaries of
     the premises.

4.   The permit holder must ensure that vehicles existing the premises do not deposit
     waste, sand, soil, clay, stones or garden products on the abutting roads.

5.   The permit holder must ensure that there is no discharge of fuel, liquid water or
     stormwater contaminated with water, sand, soil, clay, stones or garden products
     beyond the boundary of the premises.

6.   All contaminated stormwater must be captured and recycled by a waste-water
     collection system. The waste-water collection system must have sufficient capacity
     to store the stormwater runoff generated by 20 mm of rain in a 24 hour period from
     the sand, soil, clay, stones and garden products storage and handling areas.




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7.    Clean stormwater must be diverted away from the sand, soil, clay, stones or garden
      products storage and handling areas and the waste-water collection system.

8.    The site must be designed and installed such that noise emissions do not breach
      State environment protection policy (Control of Noise from Commerce, Industry and
      Trade) No. N-1.

9.    Drainage for the development involving clear stormwater shall be directed to the
      existing underground drainage to the satisfaction of the Responsible Authority.

10.   Drainage calculations shall be submitted to the Responsible Authority for approval.

11.   Where flows exceed the maximum flow criteria for this development on site
      retention shall be provided to the satisfaction of the Responsible Authority.

12.   All internal drainage shall remain as private drains. Council shall have no further
      responsibility for the maintenance of these drains.

13.   The proposed vehicle entrances off Westwood Drive shall provide for 2 way vehicle
      access and be constructed to the Melton Shire industrial standards.

14.   Any existing redundant crossing/s shall be removed.

15.   All vehicles must be able to enter and leave the site in a forward direction. This
      applies to all vehicles up to the size of the standard 8.8m Austroads Design Service
      vehicle.

16.   Parking bays and aisle widths shall comply with the Planning Scheme requirements
      of Clause 52-06-3.

17.   All pedestrian access into and within the site shall comply with the Disability
      Discrimination Act to the satisfaction of the Responsible Authority.

18.   Any existing works affected by the development works shall be reinstated at no cost
      and to the satisfaction of the Responsible Authority.

19.   The development as shown on the endorsed plans must not be altered without the
      written consent of the Responsible Authority.

20.   The following shall be undertaken to the requirements and satisfaction of the
      Responsible Authority prior to the occupation of the buildings hereby permitted:
      a)    The area set aside for the parking of vehicles, together with associated
            access lanes as delineated on the endorsed plan must:

            i)     Be made available for such use,
            ii)    Not be used for any other purposes;
            iii)   Be properly formed to such levels that it can be used in accordance
                   with the plans;
            iv)    Be clearly delineated on the ground;
            v)     Be drained and sealed with an all weather seal coat;
            vi)    Be maintained continuously in a usable condition
            vii)   To the satisfaction of the Responsible Authority.


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        b)     The landscaping works as described on the endorsed plan must be provided
               and completed to the satisfaction of the Responsible Authority and such
               works must continue thereafter to be maintained to the satisfaction of the
               Responsible Authority.

21.     Any external lighting of the buildings shall be so located and so designed with
        suitable baffles so that no direct light is emitted from the site.

22.     No goods or materials associated with the use or otherwise are to be stored or left
        exposed outside the building so as to be visible from any public road or
        thoroughfare.

23.     The loading and unloading of vehicles, and the delivery of goods to and from the
        premises, must, at all times, be carried out entirely within the site and be conducted
        so as to cause minimum interference with other vehicle traffic.

24.     The permit will expire if:
              The development is not commenced within two (2) years of the date of this
               permit.

              The development is not completed within two (2) years of the date of this
               permit.
        The Responsible Authority may extend the periods referred to if a request is made,
        in writing, before or within three months of the relevant expiry date.
Note:

A.    A road opening permit shall be required to be taken out for the construction of all
       proposed vehicle crossings.

B.    Underground petroleum storage systems must be designed and installed in
       accordance with EPA Publication 888 „Guidelines on the Design, Installation and
       Management Requirements for Underground Petroleum Storage Systems‟.

Crs Stock/Rowan. That the recommendation be adopted.
                                                                                   CARRIED


REPORT
1.    Background
      Executive Summary

      The application is for the approval for the use and development of the site for a
      wholesale garden supply business. Council received a complaint from an adjoining
      property owner about dust from the site and enforcement proceedings began in
      October 2004, as the owner of the land did not have a planning permit for storing
      sand/soil. The owner was advised that a planning permit was required and
      subsequently in December 2004 an application was submitted to Council.



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   The application was advertised via a sign on the site and notification to adjoining
   property owners, and two objections have been received as a result of the proposal.
   The grounds of objection relate to dust particles in relation to the goods stored and
   transported from the subject site, and the detrimental amenity and impact from the
   sand / soil / cement particles.

   It should be noted that another objection was received with a phone number that is
   disconnected and no contact address details, therefore has not been counted in the
   total number of objections.

   It is noted that through proactive enforcement by Council officers‟ the site has been
   tidied immensely, and no complaints about the site have been received over the last
   three months.

   The use of the site for a garden supply business in an industrial zone is considered to
   be an appropriate use. One of the considerations in the purpose of the industrial
   zone is to provide for industries and associated uses in specific areas where special
   consideration of the nature and impact of industrial uses is required or to avoid inter-
   industry conflict.
         It is considered that the proposal through placing conditions on any planning
          permit that may issue will comply with the purpose of the Industrial 3 Zone. It
          is recommended that a Notice of Decision to Grant a Permit be issued.
         It is also noted that that there is no guarantee once a Notice of Decision or a
          Planning Permit have been issued that there will be full compliance. However
          if the conditions of permit are sound and clear and reasonable then non-
          compliance of the permit conditions are totally the responsibility of the permit
          holder and fully enforceable under the Planning and Environment Act 1987.
         A subsequent site inspection in May 2005 from Council officers revealed
          compliance with a number of Council‟s requests, including a reduction in the
          height of the stockpiles, placement of shade cloth around the existing fencing,
          erection of 10 km per hour sign at the front gate, and watering down of the
          access road.

     Application:             Use and development of the site for garden supplies.
     Applicant:               Railway Sand Supplies
     Property/Location:       41-45 Westwood Drive, Ravenhall
     Zoning:                  Industrial 3 Zone (IND3Z)
     Overlay/s:               None.

   The Land

   The subject site is located on the western side of Westwood Drive. The lot is
   generally a rectangular shaped lot with an angled frontage along Westwood Drive
   with a frontage of 84.7m and a depth on the north of 194.3m and south of 171.5m;
   with a total site area of 1.966 hectares. The site contains a sewerage – drainage
   easement spanning the full width of the site generally along the centre of the site.




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   The site has been used without a planning permit as a storage area for garden
   supplies, sand, top soil and so on. This application was received as a result of
   enforcement action by Council, and it should be noted that a number of Council‟s
   requests have been complied with by the applicant. Economix concrete is located at
   the rear of the site, with access through the subject site to Westwood Drive. The
   surrounding area is generally considered to be populated with low impact industrial
   uses.

   Refer to Appendix 1 for a locality plan

   The Application

   The proposal involves the application for planning approval for the storage and
   transportation of wholesale sand, not supplied on a retail level. Only trucks with a
   carrying capacity of greater than 4 tonne are utilised on site, there are no cars and
   trailers serviced on site. The proposal consists of an existing fuel area, an existing
   office located on the western side of the site, with existing stockpile areas for the
   sand and soil located at the front and the east and south side of the site. The existing
   entry is currently from Westwood Drive.

   The proposed hours of operation are Mon-Fri 6a.m. to 6p.m. & Sat 6a.m. 1.00p.m.
   The material for wholesaling on site is obtained from the Lang Lang quarry. The
   materials stockpiled are as follows:

         brick sand
         packing sand
         concrete sand
         sandy loam
         organic soil.

   There are existing pre-cast panel walls located along the north and eastern
   boundaries, with a total height of 2.4m.

   There is a portable office building on site that is 2m in height, 6m in length and 2.5m
   in width.

   The applicant states that the fuel storage is 12,000 litres and has been bunded and
   certified by the fuel company.

   The original height of the sand and soil stockpiles was 5m, but have recently been
   reduced to 4.5m in height, and it is proposed to reduce them further to 4m, in height.

   It is proposed to erect shade cloth on the western boundary of the site.

   A sprinkler system is proposed to control dust along the entry way and also on any
   stockpiles that may have loose fine sand particles present.

   Currently two staff work on the site comprising one loader driver and one office
   assistant.

   Refer to Appendix 2 for plans of the proposal


                                                                                  Page 90
ORDINARY MEETING                                                                 27 JUNE 2005


2.   Corporate Planning Reference and Policy Reference
     The Corporate Plan refers to the need to:

     Sustain Melton‟s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities

3.   Financial Considerations
      No Council related financial considerations are involved with the application.

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing on the land for a period of 14 days. A total of three
     (3) objections were received in relation to the application. The issues raised in the
     objections can be summarised as follows:

     i)         the large amounts of sand and soil blowing from the site creates a constant
                mess. Our warehouse is situated opposite the site on Westwood Drive, and
                have provided certain protection for the employees such as; closing the door
                of the warehouse, erected a wooden panel to reduce dust to protect colour
                matcher, and sectioned off an area in the show room to protect office staff.
     ii)        visitors and employees cars are constantly cover in cement dust.
     iii)       dust particles flying in the air are affecting takeaway shops, it will destroy the
                area.

      The materials on site have in the past been stored and transported inappropriately.
      These matters will be addressed by way of a condition on any planning permit that
      may issue, and will reiterate the improvements that have occurred on the site as a
      result of Council’s enforcement action.

      Referral of the application

      The application was referred to the following authorities/Departments of Council and
      the following responses received:

            Authority / Department                Response
            EPA                                   No objection
            Council‟s Engineering Dept.           No objection


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Industrial 3 and is not
     covered by the any overlays.




                                                                                         Page 91
ORDINARY MEETING                                                           27 JUNE 2005

   State Planning Policy Framework (SPPF)

   Clause 17.03 of the Melton Planning Scheme states that the objective is to ensure
   availability of land for industry and to facilitate the sustainable development and
   operation of industry research and development activity.

   The general implementation clause offers statements which protect the activity of
   industrial land and ensure that the operation of the existing and future industrial
   developments do not detrimentally impact on each other.

   Clause 15.01-2 of the Melton Planning Scheme states that the objective of the
   environment is to assist the protection and, where possible, restoration of
   catchments, waterways, water bodies, groundwater, and the marine environment.

   Under the Water quality protection provision Planning and responsible authorities
   should ensure that land use activities potentially discharging contaminated runoff or
   wastes to waterways are site and managed to minimise such discharges and to
   protect the quality of surface water and ground water resources, rivers, streams,
   wetlands, estuaries and marine environments.

   Clause 15.04 of the Melton Planning Scheme states that the objective of the Air
   Quality provision is to assist the protection and improvement of air quality.

   Under the Air quality protection provision Planning and responsible authorities should
   ensure that development is not prejudiced and community amenity is not reduce by
   air emissions by ensuring, wherever possible, that there is suitable separation
   between potentially amenity reducing and sensitive land uses and developments.
   Consideration should be given to Recommended Buffer Distances for Industrial
   Residual air Emissions (EPA1990) to determine the extent of separation.

   The garden supply business does not currently support the SPPF as the water
   quality from the stormwater runoff from the site and the air quality is reduced for the
   site and adjoining sites, however should a permit issue then the future operation of
   the business can fully support the provisions of the SPPF through the placement of
   appropriate condition of permit should one issue. Amongst this is the reduction in
   stockpile height to minimise offsite effect caused by dust.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement
   Identified in the Melton East Structure Plan as land for industrial purposes.

   The use of the site for wholesale garden supplies if planned appropriately is
   considered a low impact industrial use, which is consistent with the Melton East
   Structure Plan.




                                                                                   Page 92
ORDINARY MEETING                                                           27 JUNE 2005

     Local Planning Policies
     Industrial 3 Zone

     The purpose of the Industrial 3 Zone includes:

          To implement the State Planning Policy Framework and the Local Planning
           Policy Framework, including the Municipal Strategic Statement and local
           planning policies.
          To provide for industries and associated uses in specific areas where special
           consideration of the nature and impact of industrial uses is required or to avoid
           inter-industry conflict.
          To provide a buffer between Industrial 1 or Industrial 2 Zone and local
           communities, which allows for industries and associated uses compatible with
           the nearby community.
          To ensure that uses do not affect the safety and amenity of adjacent, more
           sensitive land uses.

     The proposed use is generally consistent with the purpose of the zone however, the
     amenity of adjacent land is affected. The amenity of the affected land can be dealt
     with by way of conditions of any permit that should issue.

     Comment

     The zoning of the land is appropriate for the proposed use as it is embedded within
     the industrial area and is well setback from residential areas. The amenity of the
     area has in the past been detrimentally affected, however recent improvements to
     the site due to Council‟s enforcement action, as well as conditions associated with
     any planning permit that may issue will reduce potential offsite amenity impacts
     caused by the proposal.

     In addition to the amenity and environmental conditions recommended for any
     permit that should issue, a condition to landscape the western side boundary and
     the front entry point is considered appropriate to reduce the visual impact of the use
     from the oblique views along Westwood Drive. Furthermore, a condition to change
     the colour of the existing concrete panel walls, which are highly visible from the
     streetscape, from a vivid blue to a muted tone is considered appropriate to reduce
     the detrimental visual impact of the use from the streetscape. The existing concrete
     panel walls along the front and eastern boundary are setback from their respective
     boundaries by 100mm, which does not allow for landscaping of these areas.

     The proposal is appropriate for the zoned industrial land, and subject to the
     recommended conditions is considered worthy of support.

6.   Options
     Council (as responsible authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.




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ORDINARY MEETING                                                            27 JUNE 2005


7.   Conclusion
     The existing use of the site is in accordance with the provisions of the State Planning
     Policy Framework, Local Planning Policy Framework, Municipal Strategic Statement
     and the operation of the zones in line with the Industrial zone. However the operation
     of the garden supply business has occurred illegally without proper regulatory
     control. The applicant has been advised to cease operation until the permit has been
     issued and is in accordance with the site conditions prescribed by Council.

     The applicant has endeavoured to satisfy the requests of Council in terms of the
     operation of the plant.




                                                                                   Page 94
ORDINARY MEETING                                                               27 JUNE 2005


ITEM NO 12                                                 FILE NO: 6842/0010
                                                           Kate Barclay / kb



             APPLICATION FOR PLANNING PERMIT PA2005/485

PURPOSE OF REPORT:
To consider an application for planning permit for the use and development of a
convenience shop and associated dwelling at 1 Carlyon Close, West Melton.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Decision to Grant a Permit for
use and development of a convenience shop and associated dwelling at 1 Carlyon Close,
West Melton, subject to the following conditions:

1.    The following shall be submitted and approved by the Responsible Authority prior to
      the commencement of the development hereby permitted:

      a)     A plan showing the provision of external safety lighting to the premises and
             car parking areas.

      b)     Three copies of a detailed landscape plan prepared by a qualified landscape
             architect or a person of approved professional competence must be
             submitted to Council showing the following:

             i)      Location of plantings;

             ii)     Mature size of plants;

             iii)    Pot size of plants;

             iv)     Quantity of each species;

             v)      Irrigation system to be used;

             vi)     Surface details. i.e. concrete, grass, mulch etc;

             vii)    Mulching details;

             viii)   Borders between lawns and garden beds;

             ix)     Soil preparation and modification works.




                                                                                    Page 95
ORDINARY MEETING                                                         27 JUNE 2005

2.   The layout of the site and the size and layout of the buildings and works as shown
     on the endorsed plan must not be altered or modified without the written consent of
     the Responsible Authority.

3.   The following shall be undertaken to the requirements and satisfaction of the
     Responsible Authority prior to the occupation of the dwellings hereby permitted:

     a)    The landscaping works as described on the endorsed plan must be provided
           and completed to the satisfaction of the Responsible Authority and such
           works must continue thereafter to be maintained to the satisfaction of the
           Responsible Authority.

     b)    Drainage from the site shall directed to the approved underground drainage
           point to the satisfaction of the Responsible Authority.

     c)    All internal drainage shall remain as private drains. Council shall have no
           further responsibility of these drains.

     d)    Drainage calculations shall be submitted to the Responsible Authority for
           approval. Where drainage volumes from the site exceed the allowable
           design, then on site retention shall be required.

     e)    All pedestrian access into the building shall comply with the Disability and
           Discrimination Act to the satisfaction of the Responsible Authority.

     f)    All existing works affected by the new works shall be reinstated at no cost
           and to the satisfaction of the Responsible Authority.

     g)    Vehicle crossings must be constructed of a standard in the locations shown
           on the endorsed plans to the satisfaction of the Responsible Authority.

     h)    Existing vehicle crossings (driveways) not to be used in the development
           must be removed and the nature strip topsoiled and grassed and the kerb
           and channelling reinstated to the satisfaction of the Responsible Authority.
           These works must be carried out by and at the cost of the developer.

     i)    The area set aside for the parking of vehicles, together with associated
           access lanes as delineated on the endorsed plan must:

           i)     Be made available for such use;

           ii)    Not be used for any other purposes;

           iii)   Be properly formed to such levels that it can be used in accordance
                  with the plans;

           iv)    Be clearly delineated on the ground;

           v)     Be drained and sealed with an all weather seal coat;

           vi)    Be maintained continuously in a useable condition;

           to the satisfaction of the Responsible Authority.


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ORDINARY MEETING                                                             27 JUNE 2005

4.     All external lighting must be fitted with suitable baffles and located so as to prevent
       the emission of direct light onto adjoining properties or roadways to the satisfaction
       of the Responsible Authority.

5.     The use hereby permitted for must only operate between 7.00am to 9.00pm seven
       (7) days a week unless otherwise approved with the written consent of the
       Responsible Authority.

6.     The site must be kept in an orderly and tidy state and its appearance must not
       prejudicially affect the amenity of the area.

7.     The area set aside for parking of vehicles and so delineated on the endorsed plans
       must be made available for such use and must not be used for any other purpose.

8.     Deliveries onto the site must not obscure vehicle access into the site and into the
       car parking spaces.

9.     Any air-conditioning units or any other facilities or services must not be located on
       or project above the roof lines and the noise generated from such equipment must
       not exceed the levels set by the relevant State Environment Protection Policies.

10.    The amenity of the locality must not be adversely affected by the activity on the site,
       the appearance of any building, works or materials, emissions from the premises or
       in any other way to the satisfaction of the Responsible Authority.

11.    The permit will expire if:

             The development is not commenced within two years of the date of this
              permit.

             The development is not completed within four years of the date of this
              permit.

       The Responsible Authority may extend the periods referred to if a request is made,
       in writing, before or within three months of the relevant expiry date.

Council Notes:

A.    The building must comply with the Building Regulations and the Building Code of
       Australia.

B.    A vehicle crossing permit must be taken out for the construction of all vehicle
       crossings.

Crs Stock/Rowan. That the recommendation be adopted.
                                                                                   CARRIED




                                                                                     Page 97
ORDINARY MEETING                                                             27 JUNE 2005


REPORT
1.   Background
     Executive Summary

     The application is for the use and development of a convenience shop and
     associated dwelling.

     The application was advertised by way of a notice on site and notification by mail to
     adjoining properties. Thirteen (13) objections and a petition containing twenty
     signatures were received in relation to the application. The objections generally
     related to the width of the access way into Carlyon Close, adequate number of milk
     bars already in existence in the area, safety in the street, congregating outside the
     shop, defacing property and additional noise of cars and pedestrian traffic.

     Councils Engineering Department have assessed the proposal and provided
     comments in relation to access into the site and the ability for a service vehicle to
     enter and exit the site in a forward‟s direction. The applicant has addressed the
     Engineering concerns and Councils‟ Engineering Department has no further
     concerns regarding parking or access on and off the site.

     Having considered the proposal, the objections received and the provisions of the
     Melton Planning Scheme, it is considered that the design and layout of the
     development is consistent with the objectives of the Melton Planning Scheme, State
     and Local Planning Policy including Melbourne 2030 and the Melton Strategic
     Statement. It is considered that Council should support the application and issue a
     Notice of Decision to Grant a Permit, subject to conditions.


      Application:                 PA2005/485
      Applicant:                   Fotios Dimopoulos
      Property/Location:           1 Carlyon Close, West Melton
      Zoning:                      Residential 1 Zone (R1Z)
      Overlay/s:                   Nil

     The Land

     The subject site is located on the western side of Westlake Drive and the corner of
     Carlyon Close. The site has a 14.70m splayed frontage to Carlyon Close and a depth
     of 32.39m on the Westlake Drive frontage. The site has a total area of 707m2. No
     easements are located on the allotment and no covenants exist on the land.

     The subject site is vacant with no existing vegetation on the site. The adjoining site to
     the west is vacant, whilst a dwelling exists on the site to the south. The surrounding
     neighbourhood is characterised by single storey and double storey detached
     dwellings. To the east of the subject site are display homes along the Westlake Drive
     frontage in addition to scattered two unit developments within the vicinity of the site.

     Refer to Appendix 1 for a locality plan



                                                                                     Page 98
ORDINARY MEETING                                                            27 JUNE 2005

     The Application

     The application proposes the use and development of a convenience store and
     associated dwelling. The dwelling and convenience store are to be connected via a
     garage party wall.

     The convenience store proposes a building setback 1m off the western boundary,
     14m off the southern boundary, 9m off the Westlake Drive frontage and 7.3m off the
     Carlyon Close frontage. The convenience store has dimensions of 11.9m x 6.6m and
     proposes a floor area of 78.54m2. The convenience store will be constructed using
     face brickwork, aluminium framed windows and cement tiled roofing material at a
     22.5° pitch.

     Six car parking spaces will be provided on site, three spaces will be accessed via
     Westlake Drive and three spaces will be accessed via Carlyon Close. A service
     vehicle can enter from the Westlake Drive frontage or the Carlyon Close frontage and
     exit the site in a forward direction. Landscaping is to be provided in the front of the
     site and adjoining the car parking areas.

     A double storey dwelling is proposed to be constructed on the site with two separate
     lock-up garages - one on either side of the dwelling. The dwelling is not subject to
     planning approval as a dwelling is as of right in a Residential 1 Zone.

     Refer to Appendix 2 for plans of the proposal


2.   Corporate Planning Reference and Policy Reference
     The Corporate Plan refers to the need to:

     Sustain Melton‟s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities.

3.   Financial Considerations
     No Council related financial considerations are involved with the application.



4.   Consultation/Public Submissions
     Public notification of the application

     The application was advertised by sending notices to the owners and occupiers of
     surrounding land and by placing a notice on the land. A total of thirteen objections
     and a petition containing twenty signatures were received. The objections can be
     summarised as follows:
          Narrow access way into Carlyon Close.
          Adequate number of milk bars already in existence in the area.
          Safety in the street.



                                                                                      Page 99
ORDINARY MEETING                                                              27 JUNE 2005

           Congregating outside the shop in addition to defacing of property.
           Additional noise of cars and pedestrian traffic.

     The objections will be addressed later in the report.

     Referral of the application

     The application was referred to the following authorities/Departments of Council and
     the following responses received:


      Authority / Department       Response
      Engineering Department       Councils Engineering Department have assessed the
                                   proposal and provided comments in relation to access
                                   into the site and the ability for a service vehicle to enter
                                   and exit the site in a forward‟s direction. The applicant
                                   has addressed the Engineering concerns and Councils‟
                                   Engineering Department has no further concerns
                                   regarding parking or access on and off the site.


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Residential 1.               No
     overlay controls apply to the land.

     State Planning Policy Framework (SPPF)

     The following State Planning Policies apply to this application:

     Clause 14.01 Planning for Urban Settlement

     Requires planning authorities to accommodate for projected population growth by
     encouraging urban consolidation with respect to neighbourhood character, and
     encouraging higher densities and mixed-use development near public transport
     routes.

     The proposed construction of convenience store and associated dwelling is
     considered to be respectful to the neighbourhood character of the area. The site will
     accommodate a dwelling and a convenience store while providing good access from
     public transport networks including the existing bus route along Westlake Drive.

     Clause 17.02 Business

     Encourages development, which meets community needs for retail and other
     commercial services and should be located in existing commercial activity centres
     unless free standing or provide for the needs of the population.




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ORDINARY MEETING                                                          27 JUNE 2005

   The proposed convenience store is considered to provide for the needs of the local
   community, is located on the periphery of a commercial centre at Woodgrove and
   improves the overall level of accessibility to the community.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.02-3 details Council‟s planning objectives for the Shire, with the objective
   relating to residential land use being:

   To create sustainable and liveable communities that are attractive and desirable
   places in which to live.

   Clause 21.04-1 which relates to the Melton Township includes the following adopts
   the following strategies which are relevant to the application:

        Encourage all new urban development to occur in the Melton township
         designated area.

        Encourage higher density housing to be developed in areas in close proximity
         to shopping, public transport, educational facilities and open space especially
         the Melton Railway Station.

        Assist local shops to be provided at various locations around the town.

   There is no specific Local Policy relating specifically to the type of use proposed. The
   proposal is considered to accord with the Local Planning policies.

   Particular Provisions

   Clause 52.06 Car Parking

   The use of land for a convenience store requires eight 8 car parking spaces per
   100sqm of leasable floor area. The car parking requirement for the site is 6.5 on site
   car spaces.

   The proposed convenience store provides 6 on site car parking spaces. Plans
   originally submitted with the application proposed 7 car spaces. After discussions
   with Councils Engineering Department in relation to vehicle access and turning on
   and off the site it considered that the loss of one car space would benefit the
   proposal and provide greater safety movements on the site.

   Amended plans were submitted prior to advertising addressing the Engineering
   concerns which also moved the development closer to the western boundary 500mm
   to allow greater turning for vehicles exiting off the Westlake Drive frontage and to
   provide greater landscaping to break up the hard surfacing area associated with the
   car parking spaces. .




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ORDINARY MEETING                                                           27 JUNE 2005

   Residential 1 Zone (R1Z)

   The purpose of the Residential 1 Zone includes:

        To provide for residential development at a range of densities with a variety of
         dwellings to meet the housing needs of all households.

        To encourage residential development that respects the neighbourhood
         character.

        In appropriate locations, to allow educational, recreational, religious,
         community and a limited range of other non-residential uses to serve local
         community needs.

   The Residential 1 Zone states that before deciding on an application Council must
   consider:

        The State Planning Policy Framework and the Local Planning Policy
         Framework including the Municipal Strategic Statement and local planning
         policies and the objectives, standards and decision guidelines of Clause 56.

   The proposal satisfies the Residential 1 Zone objectives in that the use provides an
   alternate non-residential use close to services, is on a main through road into the
   Westlake Estate and provides a use that will meet the needs of the local community.
   The proposal accords with the objectives of the State Planning Policy and Local
   Planning Policies.

   Response to Objections

   The following comments are made in relation to concerns raised by objectors:

        Adequate number of milk bars already in existence in the area

         The Westlake Estate does not provide for any convenience stores within the
         development. There are other milk bars located outside of the Westlake Estate
         that would not be considered reasonable walking distance. The convenience
         store will provide for an alternate non-residential use that will be integrated
         well within the existing streetscape and the locality and will provide a facility
         for the community within walking distance and with good access.

        Safety in the street

         Parking has been provided on site for the use of the convenience store and is
         considered adequate. A service vehicle can enter and exit the site in a forward
         direction without compromising safety of other vehicles. The existing
         pedestrian footpaths will be unaltered and will provide for safe vehicular and
         pedestrian movements.

         The additional traffic generated from the use is not considered to detrimentally
         alter the existing traffic within the locality or the immediate streets surrounding
         the proposal in addition convenience stores are frequently accessed on foot.


                                                                                 Page 102
ORDINARY MEETING                                                            27 JUNE 2005

          Congregating outside the shop in addition to defacing of property.

           Comments cannot be provided in relation to the possible actions of others
           associated with the development. Planning Decision Guidelines do not extend
           into social behaviour of those utilising the facility.

           Permit conditions have been placed on the Notice of Decision in relation to
           amenity of the area and the keeping of the site in an orderly and tidy state and
           its appearance must not prejudicially affect the amenity of the area. Should
           these conditions not be adhered to, further action can be taken.

           A condition requiring safety lighting is also a permit requirement should the
           application be supported.

          Narrow access way into Carlyon Close, additional noise of cars and
           pedestrian and vehicle traffic.

           Objectors have raised concerns that the development will create increased
           traffic, noise and provides unsafe vehicle and pedestrian movements.

           The application has been referred to Councils Engineering Department who
           have not raised any traffic issues associated with the development. The use of
           a convenience store is not considered to create any unreasonable traffic
           issues and the street is considered to be able to cope with the additional traffic
           movements generated from the subject site.

           Adequate car parking has been provided on the site, and a service delivery
           vehicle can enter and exit the site in forward direction to enable safe
           movements on and off the site. Vehicles entering the car park reverse out of
           the spaces. It is not uncommon or inappropriate for these facilities to provide
           car parking where it results in cars reversing onto the street.

           Carlyon Close capable of providing for safe vehicle movements. The street is
           of a residential standard and can accommodate extra vehicle movements
           generated by the proposal.

6.   Options
     Council (as responsible authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.

7.   Conclusion
     In determining this application, regard has been given to State and Local Planning
     Policy frameworks, objections received and the individual merits of the application

     It is considered that the proposal will result in a good quality, well-designed
     development that will utilise the existing site. The development responds to the
     character of the area in site coverage, setbacks, open space areas and construction
     materials.


                                                                                  Page 103
ORDINARY MEETING                                                           27 JUNE 2005

   The proposal provides adequate on site car parking provision and provides an
   alternate non-residential use. The applicant has stated that the issues outlined by the
   objectors related to anti-social behaviour are unlikely to occur, given that the occupier
   of the dwelling will also run the proposed convenience store making them on hand to
   attend to any issues that might be associated with or as a result of the development.

   Consequently, the proposal is considered appropriate for the site and will make a
   positive contribution to the existing character of the area. Accordingly the proposal
   should be approved, and it is therefore recommended that a Notice of Decision to
   Grant a Planning Permit be issued.




                                                                                 Page 104
ORDINARY MEETING                                                         27 JUNE 2005


 ITEM NO 13                                             FILE NO: 10/160/50
                                                        P Bean / bmck



     AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL

PURPOSE OF REPORT:

A schedule of documents requiring the Seal of Council is presented to Council for a
resolution of authorisation.



RECOMMENDATION:
That the Council Seal be affixed to the documentation as detailed in the Schedule for
Authorising of Affixing of the Common Seal of Melton Shire Council dated 27 th June 2005
and appended to this report. (Appendix 1)

Crs Cugliari/Warren. That the recommendation be adopted.
                                                                               CARRIED


REPORT
1.   Background
     Section 5 of the Local Government Act 1989 prescribes that a Council consists of its
     Councillors, who are the representatives, elected in accordance with this Act, of
     persons who are residents in the Council‟s municipal district or ratepayers of the
     Council.

     A Council -

     a)   is a body corporate with perpetual succession; and
     b)   must have a common seal; and
     c)   may sue or be sued in its corporate name; and
     d)   is capable of acquiring, holding, dealing with or disposing of property for the
          purpose of performing its functions and exercising its powers; and
     e)   is capable of doing and suffering all acts and things which bodies corporate
          may by law do and suffer and which are necessary or expedient for performing
          its functions and exercising its powers.




                                                                               Page 105
ORDINARY MEETING                                                             27 JUNE 2005

     The common seal of a Council must -

     (a)     bear the name of the Council (which name may refer to the inhabitants of the
             municipal district) and any other word, letter, sign or device the Council
             determines should be included; and
     (b)     be kept at the Council office; and
     (c)     be used in accordance with the local laws of the Council.

     All courts, judges and persons acting judicially must take judicial notice of the imprint
     of the seal of a Council on any document and must presume that the document was
     properly sealed until the contrary is proved.

     Council‟s Meeting Procedure Local Law – Division 2 prescribes the use of Council‟s
     Common Seal.

2.   Corporate Planning Reference and Policy Reference
     Not applicable.

3.   Financial Considerations
     Not applicable.

4.   Consultation/Public Submissions
     Not applicable.

5.   Issues
     Not applicable.

6.   Options
     Use of the Council Seal is required where Council as a body corporate is required to
     acquit a document or agreement amongst others for the purpose of performing its
     functions and exercising its powers.

7.   Conclusion
     This report presented to each Ordinary Meeting of Council will ensure efficient and
     timely dealing with legal and corporate documentation.




                                                                                   Page 106
ORDINARY MEETING                                                         27 JUNE 2005


 ITEM NO 14                                             FILE NO: 10/180/160
                                                        E Healey / eh



                MELTON SHIRE COUNCIL'S PLAN 2005 - 2009

PURPOSE OF REPORT:

This report is to present to the Council the final draft of the Melton Shire Council Plan
2005-2009 following the completion of the public submission process required under
Section 223 of the Local Government Act 1989.



RECOMMENDATIONS:
1.    That Council having received and considered 4 submissions from 39 residents
      under Section 223 of the Local Government Act 1989 in regard to the draft Melton
      Shire Council Plan 2005-2009 proceed to adopt the plan. (Appendix 1).

2.    That copies of the Melton Shire Council Plan 2005-2009 and Council‟s Strategic
      Resource Plan be forwarded to the Office Local Government in accordance with
      requirements of the Local Government Act 1989.

Crs Rowan/Cugliari. That the recommendation be adopted.
                                                                               CARRIED


REPORT
1.   Background
     The newly elected Council undertook an extensive strategic development process
     with the Community and staff to produce a new Council Plan reflective of the growing
     population and diverse needs of the Melton Shire community. Council considered the
     Draft Council Plan 2005-2009 at it‟s Ordinary Meeting of 18th April 2005 and sought
     public submissions throughout May, under Section 227 of the Local Government Act
     1989 which have now been considered.

     The framework for the development of the plan was created in conjunction with
     Councillors and Council officers throughout January and February 2005. In
     developing the framework, it was important to ensure the Council Plan was reflective
     of the community‟s aspirations and that its objectives were conveyed in a way easily
     interpreted by the Community and Council staff as the main deliverer of its actions
     and outcomes. To assist in the evaluation of the Community Plan, targets were also
     developed to ensure Council‟s performance could be measured over the life of the
     plan.




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   The framework itself includes a Council‟s vision, guiding principles, key directions,
   specific goals and multiple strategies and actions to be achieved over the coming
   four years.

   The vision statement articulates Council‟s desire for the community and offers a
   means to gauge Council‟s contribution to the social, economic and environmental
   aspects of the Shire. In the development of the 2005 – 2009 Council Plan the
   previous Vision of Council was reviewed and the word „proud ‟ added to convey the
   desire to proudly promote Melton communities accomplishments and the richness
   and diversity of our community, lifestyle and environment. Council‟s proposed new
   vision is “ Melton: A vibrant, proud, growing and healthy community offering lifestyle
   choices.”

   Council‟s guiding principles are intended to be the five main concepts to be
   incorporated into the each action to be undertaken and will include access,
   consultation, governance, advocacy and sustainability. Access primarily relates to the
   need to ensure that there is design, communication and affordability considerations
   in the work Council undertakes. Consultation reflects the need to ensure that there
   are opportunities for the community to be actively involved in the development of
   strategies, policies and programs. Governance is to ensure that transparency and
   ethical practices are reflected in decision-making processes. Advocacy relates to the
   role of Council in representing this community to other levels of government and
   groups of influence. Finally, Sustainability relates to ensuring the environmental,
   social and economic longer-term benefit of the shire is balanced.

   The four key directions and 13 goals articulated in the Council Plan provide the
   overarching commitments of Council and include the following:

   1.0   Community: Melton Shire Council is committed to a healthy and well
         connected community.

         Goals
         1.1   Improve community health and well being
         1.2   Ensure growth is well planned and sustainable
         1.3   Ensure Council informs, consults and responds to the community
         1.4   Expand involvement in community activities and cohesion building

   2.0   Infrastructure and Service Delivery: Melton Shire Council is committed to
         providing good roads and buildings along with high quality services that meet
         the needs of its community.

         Goals
         2.1   Establish new and maintain existing infrastructure
         2.2   Improve the image and reputation of the Shire
         2.3   Ensure financial sustainability of Council
         2.4   Improve the quality and quantity of public transport
         2.5   Influence other levels of government to help meet service and
               infrastructure needs




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     3.0   Employment: Melton Shire Council is committed to creating a strong local
           economy.

           Goals
           3.1   Expand and diversify economic growth
           3.2   Provide local employment opportunities within the municipality

     4.0   Environment: Melton Shire Council is committed to fostering a sustainable
           and liveable community.

           Goals
           4.1   Maintain and create opportunities for rural landholders
           4.2   Protect, manage and improve the natural environment

     Each of the above goals has a number of objectives and associated strategies and
     actions (See Appendix 1) to be achieved in the coming four year period. Council‟s
     progress on these objectives will be subject to half yearly progress reports.

2.   Community Planning Reference and Policy Reference
     The preparation and process employed by Council in the development of the
     reviewed Community Plan meets legislative requirements as set out in the Local
     Government Act 1989 and reflects the Council's commitment to community.

3.   Financial Considerations
     The development of the reviewed Melton Shire Council Plan 2005-2009 has been
     achieved within the allocated budget.

4.   Consultation/Public Submissions
     Council has undertaken considerable community consultation over the past 18
     months with over 1500 residents and groups views being reflected in the
     development of the draft plan. Key strategic documents developed during this time,
     where considerable community feedback was sought and provided included the
     Ageing Well Strategy, Children‟s and Families Strategy, Economic Development
     Strategy, Melton Township Structure and Strategy Plan, Leisure and Open Space
     Strategy and Rating Strategy.

     In addition a public submission process was held throughout May 2005 with 4
     separate submissions being received under 39 signatures.             Two submitters
     presented verbal presentations in line with their written submissions on Wednesday
     25th May 2005.




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5.   Issues
     Each of the four separate submissions are summarised below with a response as to
     how or if each concern can be addressed through the Final Draft of the Council Plan
     2005-2009.

        Submitter/
                             Areas raised                  Council Officer Response
      Representative
     Ms Sonya Blain 1. Current Enhancement Policy        Goals      4.1.2    and     4.2.3
     with 34 other    has mapped whole of Mt             specifically    set   out     the
     residents        Cottrell    with    Native         commitment by Council to
                      Grasslands.                        review         the        current
                                                         Enhancement Policy and lobby
                                                         the Department of Primary
                                                         Industries in regards to Native
                                                         Grasslands.

                        2. Current rebate to manage In addition to the current rebate
                          weeds is not sufficient.  Council has approved through
                                                    the coming budget an additional
                                                    $200,000      to    assist   rural
                                                    landholders      with     property
                                                    management.           This      is
                                                    specifically identified in Goal
                                                    4.2.3- in the Council Plan.

                        3. Allow rezoning to a minium Zoning and Planning Scheme
                          of size not greater than 5 amendments
                          acres not less than 1 acre.

                        4. Introduce rural rates.        Goal 2.3.1 number 5 commits to
                                                         a community consultation on
                                                         the Long Term Financial Plan of
                                                         the    shire      providing   an
                                                         opportunity     to     raise the
                                                         introduction of rural rates.

                        5. Traffic Lights for the corner Goal 2.1.7 commits to the 10
                          of Leakes Rd and Western year capital works program for
                          Hwy.                           roads, drains and footpaths as
                                                         per and supports the priority for
                                                         road works for the municipality.

                        6. Improve access on other This along with the commitment
                          Rockbank Roads.          by Council to advocate/ lobby
                                                   for road funding work jointly to
                                                   support this and item number 6.




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ORDINARY MEETING                                                         27 JUNE 2005

      Submitter/
                              Areas raised                Council Officer Response
    Representative
                     7. Improved Community              Goal 1.3.2 is a commitment by
                       Consultation.                    Council to develop a new
                                                        community          consultation
                                                        strategy.


                     8. Health - there are no           Goal 1.1.8 commits Council to
                        facilities  for    Burnside,    advocate        to    the    State
                        Caroline Springs, Rockbank,     Government for new community
                        Mt Cottrell, Plumpton and       health facilities/sites throughout
                        surrounding areas.              the shire and to support
                                                        programs that will attract much
                                                        need GP‟s to the area.


                     9. Rezoning    will   lead  to Council officers are unsure how
                        chemical spraying reducing the     relationship     between
                        and improved health.        rezoning and chemical spraying
                                                    and improved health are linked.

                     10.Health facilities should be See Response to item 8.
                       built in the area.

                     11. More aged facilities for the Goal     1.1.3   commits  the
                       Rockbank area and better development of an ageing
                       design to create health living. precinct in McKenzie Street
                                                       Melton. However part of this
                                                       plan includes the transport
                                                       linkages required to connect
                                                       people    from   Melton and
                                                       surrounding areas such as
                                                       Rockbank.

                     12. Melbourne 2030 does not This is a State Government
                       provide open and healthy legislative requirement to be
                       space     and  should be adhered to by Council.
                       abolished.

                     13. Lack of access to Grey         Goal 4.1.1 commits to further
                       Water and Town Water by Mt       work with Western Water to
                       Cottrell   and      Rockbank,    further expand recycled water
                       residents and are charged        opportunities from both Sunbury
                       more than Wyndham.               and Surbiton Park.
    Mr Paul Rumpf    1. Goal –1.1 Concern over the      Goal 2.3.2 commits to Council
                       role of Council regarding        undertaking a analysis of
                       Mental Health and the risks      current cost shifting impacts on
                       associated with cost shifting.   Council      and       developing
                       Lack of Clarity as to the term   strategies to prevent future cost
                       “Leisure network.                and reverse current cost shifting


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      Submitter/
                               Areas raised                 Council Officer Response
    Representative
                                                          where possible.

                      2. Goal –1.2 Feedback provided The      MSS      review           was
                         on the review of the MSS – in completed in 2004.
                         particular to how farming no
                         longer exists in areas or is
                         uneconomic.

                      3. Goal – 3.2 Seeks clarification   Goal 3.2.1 has been changed
                         on whether Council can           to reflect this error – and now
                         review    and     implement      states „that following the review
                         change to the Urban Growth       of the urban growth boundary
                         Boundary.                        by the state government, „

                      4. Goal 4.1 – Recycled Water -      Goal 4.1 commits to working
                         Feedback on the prospect of      with Western Water to expand
                         obtaining recycled water for     opportunities. To date there has
                         areas other Eynesbury.           been success and this initiative
                                                          is to build on the opportunities
                                                          already developed.
    Mr        Anthony 1. Improved infrastructure          Goals 2.1.1, 2.1.2, 2.1.3, 2.1.4,
    Beninati      with                                    2.1.5, 2.1.6, 2.1.7, 2.1.8 and
    three        other                                    2.1.9 relate to the improvement
    residents                                             existing or development of new
                                                          infrastructure for the coming
                                                          four year period.

                      2. Improve Financial Stability,     Goals      2.3.1     and      2.3.2
                         including most cost effective    specifically relate to Council‟s
                         community services and           commitment to long term
                         facilities.                      financial       planing        and
                                                          investigation and reduction in
                                                          cost shifting particularly relating
                                                          to Community Services.

                      3. Provide more employment          Goals 3.1.2 and 3.2.1 both
                                                          relate to commitments to create
                                                          employment opportunities in the
                                                          municipality.

                      4. Provide more facilities for Goal 2.1.1 relates to the design
                         youth.                      and construction of a regional
                                                     youth facility in Melton.

                      5. More sustainable living in Goals 4.1.1 and 4.1.2 both
                         rural areas                relate to commits by Council to
                                                    opportunities     for    rural
                                                    landholders.



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ORDINARY MEETING                                                      27 JUNE 2005

      Submitter/
                              Areas raised              Council Officer Response
    Representative


                     6. Increase    planning    for Goal 1.2.1 commits Council to
                        Rockbank and Diggers Rest. an audit of the MSS and the
                                                    Review of the structure plan for
                                                    Diggers Rest.

                     7. Require more Bus Policy.      Goal 2.4.2 has been added to
                                                      strengthen            Council‟s
                                                      commitment to planning and
                                                      advocating for improved and
                                                      new Public Transport.

                     8. More tourism strategies       Council‟s Tourism strategy
                                                      adopted in 2003 will continue to
                                                      be the main strategic focus of
                                                      Council in this area for the
                                                      coming period.

                     9. More arts and cultural policy. Goal 1.4.2 relates to Council‟s
                                                       commitment to attract and cater
                                                       for greater art and cultural
                                                       programs     and     associated
                                                       audiences.

                     10. More retail outlets in rural Goal 1.2.1 relates to Council‟s
                       areas                          commitment to local area
                                                      planning following outcomes of
                                                      the Smart Growth planning
                     11. Expansion of Rockbank process             by    the   State
                       Township.                      Government. Both items 10
                                                      and 11 are dependent on the
                                                      outcome of this process

                     12. Issues with weed control Goals      4.1.2      and     4.2.3
                       and land management.       specifically     set    out     the
                                                  commitment by Council to
                                                  review          the         current
                                                  Enhancement Policy and lobby
                                                  the Department of Primary
                                                  Industries in regards to Native
                                                  Grasslands.
                                                  In addition to the current rebate
                                                  Council has approved through
                                                  the coming budget an additional
                                                  $200,000      to     assist   rural
                                                  landholders       with     property
                                                  management.            This       is
                                                  specifically identified in Goal


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ORDINARY MEETING                                                          27 JUNE 2005

      Submitter/
                               Areas raised               Council Officer Response
    Representative
                                                        4.2.3- in the Council Plan.

    Mr Jess Hughes 1. Maintain and adhere to            Goals      4.1.2      and     4.2.3
                      Environmental Policy and          specifically     set    out     the
                      extend it to assist rural         commitment by Council to
                      landholders     in        the     review          the         current
                      management of their land.         Enhancement Policy and lobby
                                                        the Department of Primary
                                                        Industries in regards to Native
                                                        Grasslands.
                                                        In addition to the current rebate
                                                        Council has approved through
                                                        the coming budget an additional
                                                        $200,000      to     assist   rural
                                                        landholders       with     property
                                                        management.            This       is
                                                        specifically identified in Goal
                                                        4.2.3- in the Council Plan.

                     2. Protection of    rare   native As above
                        grassland.

                     3. Reinstate of recent changed Recent decision of Council to
                        amendments        to    the adopt changes to policy.
                        Environmental Enhancement
                        Policy.

                     4. Maintenance of Council parks    Goals 4.2.2 and 2.1.4 commit
                        and properties in relation to   Council to the improvement and
                        native grasslands and the       maintain of parks and other
                        environment.                    significant areas such as Bush‟s
                                                        Paddock, Strathtulloh Estate
                                                        and Toolern Creek.


   The submissions received are primarily addressed in the Council Plan with the
   exception of those relating to public transport. Accordingly a new section has been
   add, 2.4.2 to highlight and strengthen Council‟s commitment to Public Transport
   improvement particularly around advocacy and planning.

   Given the majority if areas raised through the consultation submission phase appear
   to be identified in the Council Plan or have been subject to an amendment no further
   changes are recommended. (Council will note however a number of changes to the
   overall document to improve clarity of the document for users and staff alike.)




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6.   Options
     Council has a requirement under the Local Government Act 1989 to submit the newly
     elected Councils plan to the Minister for Local Government by 30 June 2005. This is
     to be accompanied by Council‟s Strategic Resource Plan, which will also be
     considered this evening.

7.   Conclusion
     It is recommended that Council proceed and adopt the Council Plan 2005-2009 and
     submit the document to the Minister for Local Government, along with Council‟s
     Strategic Resource Plan. Following this, it is intended that the design and document
     publication process will proceed and the full corporate document and summary plans
     be produced for community distribution and use.




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ORDINARY MEETING                                                              27 JUNE 2005


ITEM NO 15                                                FILE NO: 80/70/77
                                                          Amy Reynolds / ar



          APPLICATION FOR PLANNING PERMIT NO: PA2004/271

PURPOSE OF REPORT:

To consider a planning permit application for the variation to a restrictive covenant and the
development of two dwellings at 12 Heather Court, Melton



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Refusal to Grant a Permit for the
development of two dwellings at 12 Heather Court, Melton on the following grounds:

1.    The proposal does not satisfy the tests for the variation of a restriction as set out at
      Section 60(2) of the Planning and Environment Act 1987.



Motion

Crs Stock/Rowan.

That Council (as Responsible Authority) issue a Permit for the variation of restriction and
development and use of two (2) single-storey dwellings on land at Lot 69 on PS512809S,
number 12 Heather Court, Melton, subject to the following conditions:

1.    The development hereby permitted must not be commenced until a Plan of
      Variation of Restriction relative to the restrictive covenant in Instrument No:
      AC633533T is varied and registered on Title to the subject land, in accordance with
      the documentation endorsed to form part of this permit.
2.    Before the use and development commences three (3) copies of amended layout
      plans must be submitted to and approved by the Responsible Authority. These
      plans must be generally in accordance with the original plans submitted but must be
      amended to show:
      a) The living area of Unit One relocated to the north side of the dwelling. This is to
         be achieved by swapping the location of the study and living areas of Unit One.

      b) Clear delineation of tandem visitor spaces, including dimensions, in front of the
         garages to each dwelling.

      The plans must be to the satisfaction of the responsible authority.

3.    The layout of the site and the size and internal layout of the buildings and works as
      shown on the endorsed plan must not be altered or modified without the written


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      consent of the Responsible Authority.

4.    Drainage from the site shall be directed to the approved legal point of discharge to
      the satisfaction of the Responsible Authority.

5.    Vehicle crossings for each dwelling must be constructed in accordance with Melton
      Shire standards, and to the satisfaction of the Responsible Authority

6.    Any existing works affected by the new works shall be reinstated at no cost and to
      the satisfaction of the Responsible Authority.

7.    The site must be kept in an ordered and tidy state and its appearance must not
      prejudicially affect the amenity of the area.
8.    The permit will expire if the variation of restriction is not completed with two years
      from the date of issue of the permit, and if the development is not commenced
      within two (2) years of the date of this permit and not completed within four (4)
      years of the date of this permit.

      The Responsible Authority may extend the periods referred to if a request is made,
      in writing, before or within three months of the relevant expiry date.

NOTE:

1.    The building must comply with the Building Regulations and the Building Code of
      Australia.
2.    That the recommendation have an alternative of “support the development” be
      adopted.

                                                                                  CARRIED



REPORT
1.   Background
     Executive Summary

     This application seeks approval for the variation of a restrictive covenant and the
     development of two (2) single storey dwellings on land at 12 Heather Court, Melton.
     The covenant variation proposes to remove the restriction which provides that an
     owner must not “… erect, cause or permit to be erected or remain on the lot more
     than one newly constructed dwelling (excluding garages and balconies) with a
     minimum size not less than 140 square metres under roof line…”

     The application was advertised by sending notices to the surrounding land owners
     and occupiers as well as property owners within the estate that are beneficiaries of
     the existing covenant. As a result of the advertising, two (2) objections were initially
     received, however one (1) objection has since been withdrawn.

     Section 60(2) of the Planning and Environment Act 1987 stipulates that Council
     cannot grant a permit to remove or vary a restrictive covenant unless it is satisfied

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   that the owner of any benefiting land will be unlikely to suffer financial loss, loss of
   amenity, loss arising from the change to the character of the neighbourhood or any
   other material detriment.

   On the basis of the one objection, and in light of Section 60 (2) of the Planning and
   Environment Act 1987, Council cannot be confident that the objector will not suffer
   any material detriment, and therefore Council is obliged to refuse the application.

   The proposed dwellings contain 3 bedrooms, study, open plan family, living and
   meals area and a single lock up garage. Each dwelling is provided with a private
   open space area that is in excess of 40 square metres. The external walls of the
   dwellings consist of exposed brickwork with aluminium window frames and the roof is
   to be constructed of concrete roof tiles. The proposed dwellings comply with the
   requirements of ResCode (Clause 55) and the relevant policies within the State and
   Local Planning Policy Framework. However, as there is a single dwelling restriction
   on the subject land, the development proposal cannot be approved without first
   gaining approval for the covenant variation.

     Application:           PA2004/271
     Applicant:             David Scicluna
     Property/Location:     Lot 69 on Plan of Subdivision 512809S, number 12
                            Heather Court, Melton
     Zoning:                Residential 1 Zone
     Overlay/s:             Nil

   The Land

   The application relates to land known as Lot 64 on Plan of Subdivision 512809S,
   number 12 Heather Court, Melton. The site is a corner property and is 741 square
   metres in size, with a street frontage of 25.69 metres onto Greenhills Drive and a
   frontage of 21.41 metres onto Heather Court. The land has a front width of 21 metres
   and a rear width of 20 metres.

   The subject site is currently vacant with no existing vegetation. Adjoining the site to
   the south and west are single-storey detached brick dwellings.

   The surrounding area is characterised by recently constructed single-storey detached
   brick dwellings. Council has approved two (2) multi dwelling sites directly north and
   east of the subject site. There are other multi dwelling sites within the neighbourhood,
   these sites generally consist of two (2) single storey dwellings.

   No easements are located on the subject allotment.

   Refer to Appendix 1 for a locality plan

   The Application

   The proposal seeks approval for the removal of a single dwelling restriction and a
   floor area restriction, as stated in covenant AC633533T. Planning approval is also
   requested for the development of two dwellings. The following is a summary of each
   proposal.


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   Covenant variation

   The application proposes the removal of the following restriction on covenant
   AC633533T, registered on the certificate for title for lot 69 on plan of subdivision
   512809S:

         Erect, cause or permit to be erected or remain on the lot more than one newly
          constructed dwelling (excluding garages and balconies) with a minimum size
          not less than 140 square metres under roof line.

   In addition to the above restriction, the following additional restrictions are attached to
   covenant AC633533T.

         Erect, cause or permit to be erected or remain on the lot a dwelling, which is
          constructed of not less than 75% brick or brick veneer or other material
          without written consent of the vendor.

         Erect, cause or permit to be erected or remain on the lot a dwelling, which is
          constructed of recycled materials.

   The proposed covenant variation will enable the site to gain approval from Council for
   the development of a multi dwelling development.

   Multi dwelling proposal

   The multi dwelling component of the application seeks approval for the construction
   of two single storey detached dwellings, with one fronting Greenhills Drive and the
   other fronting Heather Court. The application proposes two dwellings with three
   bedrooms in each, study, open plan family/meals/kitchen areas and a living area.

   The dwellings will be provided with one lock-up garage adjoining the dwelling and a
   tandem car space in front of each garage. One additional crossover will be
   constructed on the Greenhills Drive frontage. Dwelling 1 will utilise the existing
   crossover on the Heather Court frontage.

   The dwellings will be provided in excess of 40m2 of private open space to the rear of
   each dwelling with additional open space provided in the front of each allotment. The
   dwellings will be constructed using exposed brickwork, tiled roofing material,
   aluminium framed windows and a panel lift garage door. The dwellings will have a
   total site coverage of 51.16 per cent.

   Dwelling 1 will be setback 3 metres at the closest point to the Greenhills Drive
   boundary, 1.15 metres off the rear southern boundary, with a garage located on the
   western boundary for a length of 6.1metres and an average height of 3 metres.

   Dwelling 2 will be setback 4.8 metres from the Heather Court frontage, 3 metres from
   the Greenhills Drive frontage, and therefore in line with dwelling 1. A garage wall will
   be erected on the southern boundary for a length of 6.1 metres and a maximum
   height of 3 metres on the boundary.

   Refer to Appendix 2 for plans of the proposal


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2.   Corporate Planning Reference and Policy Reference
     The Corporate Plan refers to the need to:

     Sustain Melton‟s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities

3.   Financial Considerations
     No Council related financial considerations are involved with the application.

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and to all beneficiaries of the existing covenant and by placing a
     sign on the land for a period of 14 days. A total of two (2) objections were received in
     relation to the application. The issues raised in the objections can be summarised as
     follows:

          Decrease in financial value of the surrounding properties.
          When they brought property within the estate the expected that the covenants
           would always remain on the land.

     The applicant sent a written request to both the objectors, requesting they withdraw
     their objection. As a result one objection has been withdrawn.

     Referral of the application

     The application was referred to the following Departments of Council and the
     following responses received:

      Authority / Department Response
      Engineering            Consent subject to conditions being placed on the
                             planning permit.


5.   Issues
     Planning and Environment Act 1987

     Section 60(2) of the Planning and Environment Act 1987 provides the tests that must
     be satisfied if a permit is to be issued to remove or vary a restrictive covenant.
     Section 60 (2) of the Act states:




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   “The Responsible Authority must not grant a permit which allows the removal or
   variation of a restriction (within the meaning of the Subdivision Act 1988) unless it is
   satisfied that the owner of any land benefited by the restriction (other than an owner
   who, before or after the making of the application for the permit but not more than
   three months before its making, has consented in writing to the grant of the permit)
   will be unlikely to suffer:

   a)    financial loss; or
   b)    loss of amenity; or
   c)    loss arising from change to the character of the neighbourhood; or
   d)    any other material detriment

   as a consequence of the removal of variation of the restriction.”

   Given that Council has received one objection from a landowner in the subdivision,
   Council cannot be confident that the variation of the covenant would not result in a
   loss of amenity, or a loss arising from change to the character of the neighbourhood,
   or any other material detriment. Therefore, town-planning application PA2004/271
   must fail as the tests stipulated under Section 60(2) of the Planning and Environment
   Act 1987 cannot be satisfied.

   Melton Planning Scheme

   State Planning Policy Framework

   The following policy assessment relates specifically to the covenant variation
   component of the application.

   The Subdivision Policy at Clause 19/01 of the Melton Planning Scheme aims to
   control the removal and variation of restrictions within the framework of the Planning
   and Environment Act 1987 and the Subdivision Act 1988. It is considered that the
   proposal to vary the restrictive covenant does not satisfy the tests of Section 60(2) of
   the Planning and Environment Act, and therefore, the proposal is inconsistent with
   this policy.

   The following policy assessment relates specifically to the multi dwelling
   development component of the planning permit application.

   The State Planning Policies that are relevant development within this application are:

        Clause 14 Planning for Urban Settlement
        Clause 15.12 Energy Efficiency
        Clause 16.02 Medium Density Housing

   Clause 14 of the Melton Planning Scheme (Planning for Urban Settlement) identifies
   the facilitation of orderly development within urban areas as one of the objectives for
   this policy. Clause 14 encourages the consolidation of existing urban areas while
   respecting neighbourhood character. Higher density and mixed use development is
   encouraged in areas that are reasonably close to public transport routes.




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   The subject site is located within close proximity to public bus routes along
   Centenary Avenue and Lagarna Drive. The proposal is of higher density than the
   adjoining allotments, however the design of the proposal is considered consistent
   with the existing and establishing neighbourhood charter. There are also multi
   dwelling developments directly opposite the site and within the neighbourhood; these
   developments generally consist of two single storey dwellings. The proposal is
   consistent with the urban settlement policy within the State Section of the Melton
   Planning Scheme.

   Clause 15.12 Energy Efficiency

   The objective of the energy efficiency policy within the State Section of the Melton
   Planning Scheme is to encourage land use and development that is consistent with
   the efficient use of energy and the minimization of greenhouse gas emissions.

   The private open space within the development will have adequate solar access. A
   good attempt has been made to orientate habitable windows to the north. The
   proposal is considered consistent with the energy efficiency policy within the state
   section of the Melton Planning Scheme.

   Clause 16.02 Medium Density Housing

   The Medium Density Housing policy within the State Section of the Melton Planning
   Scheme has the following objectives:

   To encourage the development of medium-density housing which:

        Respects the neighbourhood character.
        Improves housing choice.
        Makes better use of existing infrastructure.
        Improves energy efficiency of housing.

   Melbourne 2030 – Metropolitan Strategy

   Melbourne 2030 seeks to control the development of metropolitan Melbourne over
   the next 30 years. The Strategy places significant emphasis on consolidating existing
   urban areas in order to make better use of existing infrastructure and limit the
   outward growth of the city. It is considered that the proposal would be consistent with
   the objectives of Melbourne 2030.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.03-2 details Council‟s planning objectives for the Shire, with the objective
   relating to residential land use being:

   To create sustainable and liveable communities that are attractive and desirable
   places in which to live.




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   Clause 21.04-1 which relates to the Melton Township includes the following adopts
   the following strategies which are relevant to the application:

         Encourage all new urban development to occur in the Melton township
          designated area.
         Encourage higher density housing to be developed in areas in close proximity
          to shopping, public transport, educational facilities and open space especially
          the Melton Railway Station.

   The proposal is located within the designated Melton township area as mapped in
   Clause 21.04-1 of the Melton Planning Scheme. The site is within walking distance to
   public open space (Navan Park) and a public bus service that can be used to access
   the High Street and Woodgrove activity centres.

   Local Planning Policies

   Clause 22.01 Residential Land Use Policy

   This policy seeks to ensure that Melton becomes socially and economically
   sustainable urban areas that provide a diverse array of community services,
   shopping, employment and other facilities.

   Relevant objectives of the policy include:

         To encourage the provision of a diverse range of housing options that meets
          the needs of current and future residents.
         To encourage energy efficiency in housing and subdivision designs.
         To clearly identify future development directions and patterns.
         To ensure new residential development is integrated with existing urban areas
          (by road, pedestrian, cycle and open space links).
         To encourage residential development which fosters social interaction,
          community and neighbourhood and which creates a sense of place and
          identity
         To provide quality affordable housing opportunities for people on low and
          moderate

   Clause 22.04 Urban Development Policy

   This Policy recognises that the high rate of development in the Shire demands the
   proper planning of infrastructure provision and consideration of impacts of
   developments on existing infrastructure, to ensure high quality lifestyles.

   Relevant to the application the Clause states that it is Policy:

         To ensure that all development proceeds in an orderly and timely manner
          which enables the efficient provision of community facilities and services.
         To provide appropriate infrastructure assets for the Shire.
         To protect existing and proposed infrastructure assets from inappropriate
          development.




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        To ensure that developers contribute equitably to the cost and provision of
         physical and community infrastructure.
        To ensure the construction of street patterns, which allow easy access, are
         understandable to residents and visitors and are designed so as to minimise
         trip length and frequency.
        To provide market variety in the form of a range of lot sizes and locations.
        Encourage all subdivisions to front-on to main roads and gain access from a
         local service road.
        Require all new residential development to front-on to open space, drainage
         lines and watercourses where available.
        Ensure that the use or development of land does not lessen the service,
         safety, role and amenity of freeways and highways.

   As outlined above, the application meets all the residential land use policy and the
   urban development policy objectives.

   Zoning and Overlay

   The site is located within the Residential 1 Zone and no overlay controls apply to the
   land. Pursuant to Clause 32.01-4 of the Melton Planning Scheme a planning permit is
   required for the development of two or more dwellings on a lot. The purpose of the
   Residential 1 Zone includes:

        To provide for residential development at a range of densities with a variety of
         dwellings to meet the housing needs of all households.
        To encourage residential development that respects the neighbourhood
         character.

   Before deciding on an application within a Residential 1 Zone council must consider:

        The State Planning Policy Framework and the Local Planning Policy
         Framework, including the Municipal Strategic Statement and local planning
         policies.
        The objectives, standards and decision guidelines of Clause 55.

   The proposal is considered to contribute to creating a range of residential densities
   and a variety of dwellings, while respecting the existing neighborhood character.
   However as discussed previously the proposal does not meet the tests set out in
   section 60 (2) or the subdivision policy within the State Planning Policy Framework,
   and therefore the application must be refused.

   ResCode- Clause 55

   The application has been assessed against Clause 55 (ResCode) of the Melton
   Planning Scheme. The proposal has been found to be generally consistent with the
   objectives and standards of the requirements of ResCode.

   The dwellings provide two on site car spaces for each dwelling, in excess of 40sqm
   of secluded open space in the rear of each dwelling, 6 cubic metres of storage in the
   garage of each dwelling and adequate daylight to windows adjoining the site.


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     The dwellings respond to the neighbourhood character of the area and incorporate
     dwelling style, material and built form of adjoining dwellings. The single-storey nature
     of the proposal is consistent with the predominant neighbourhood character.

     To improve solar access to habitable room windows, if approved, amended plans
     requiring the swapping of the study and living area within dwelling would need to be
     submitted prior to the commencement of any on site works.

     Policy Summary

     The proposal does not comply with the tests set out in section 60(2) of the Planning
     and Environment Act 1987. As an objection was received that relates to the loss of
     amenity and change in neighbourhood character Council cannot ensure that no
     additional loss in amenity to the objector will occur as a result of the proposed
     covenant variation.

     The proposed multi dwelling development complies with the requirements of
     ResCode (Clause 55) and the relevant sections of the State and Local Planning
     Policy Framework. The proposal is consistent with the existing neighbourhood
     character in regards to built materials, design and density.

     Response to Objections

     The following comments are made in relation to concerns raised by objectors that
     have not already been addressed above:

          Decrease in financial value of the surrounding properties.

           This is not a relevant planning consideration, and should not be used by
           Council to formulate a decision on the planning merit of the application.

          When they brought property within the estate they expected that the
           covenants would always remain on the land.

           As the subject site has a single dwelling covenant, people who have
           purchased property within the estate have purchased with the understanding
           that this site will not be used for a multi dwelling development. Therefore
           Council cannot be confident that others benefiting from the restriction will not
           suffer a “loss” as identified in Section 60 of the Planning and Environment Act.

6.   Options
     Council (as responsible authority) can either support the application by issuing a
     Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice
     of Refusal.




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7.   Conclusion
     Town planning permit application PA2004/217 seeks approval for the variation to a
     restrictive covenant and the development of two single storey dwellings. The
     covenant variation would remove the floor area restriction and the single dwelling
     restriction. The application was advertised by sending notices to all beneficiaries of
     the covenant and by placing a sign on site for a minimum of fourteen days. Two
     objections were received, one of which was later withdrawn.

     The application does not comply with the tests set out in section 60(2) of the
     Planning and Environment Act 1987.This section of act states that Council must not
     issue a planning permit for the variation or removal of a restrictive covenant if it is
     satisfied that the owner of any land benefited by the covenant will not suffer financial
     loss, loss of amenity, loss arising from change in character of the neighbourhood or
     any other material detriment. As the objection received relates to change in character
     and loss of amenity, Council cannot ensure that no amenity loss will result from the
     approval of this application (The perception of “loss” is too subjective for Council to
     determine). Once the test related to the restrictive covenant fail, Council cannot issue
     a permit for a development or use that will result in the breach of a registered
     restrictive covenant.

     Notwithstanding the above, the development component of the application complies
     with ResCode (Clause 55) and is consistent with the State and Local Planning Policy
     Framework as it relates to medium density housing. However, since approval of the
     development will breach the registered restrictive covenant, Council cannot legally
     issue a permit for the development as it would be a contravention of the Planning and
     Environment Act 1987.




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 ITEM NO 16                                             FILE NO: 10/195/05/030
                                                        Greg Wood / gw




CONTRACT NO 05/030 EXFORD ROAD TRAFFIC MANAGEMENT WORKS

PURPOSE OF REPORT:

This report is to inform Council that the tender assessment for the Exford Road Traffic
Management Works, Melton South has been completed and a recommendation is
presented to Council for approval.



RECOMMENDATION:
That Contract No. 05/030 – Exford Road Traffic Management Works, be awarded to
Panhold Constructions Pty Ltd for the sum of $273,914 (excluding GST).

Crs Ramsey/Stock. That the recommendation be adopted.
                                                                               CARRIED


REPORT
1.   Background
     Council will recall previously considering on a number of occasions proposed traffic
     management works adjacent to the Melton South shops in Exford Road. This has
     been an ongoing issue over a number of years resulting from concerns from shop
     holders regarding access and safety in the vicinity of the shops and also concerns
     from local residents regarding similar issues.

     Most recently Council considered a report on 28 June 2004 regarding possible
     solutions to the issues of concern that had been raised. Council undertook an
     extensive public consultation process, which included the opportunity for submitters
     to make verbal presentations to a Section 223 Council Committee.

     The report presented to Council at 28 June 2004 meeting responded to all public
     submissions made on the issue and presented Council with a range of options as to
     how to proceed on the matter.

     Council resolved at that meeting to proceed with what was referred to in the Council
     report as design option e. In summary the proposed works as presented in option e
     included:

          Removal of existing islands and pedestrian crossing.
          Roundabout installation at Brennan Street.
          Island installation on Exford Road


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           Parking alterations and asphalt replacement and other associated civil works.
           Traffic management works at the intersection of Exford Road and Staughton
            Street. It should be noted that following further detailed design traffic signals
            have been provided at this intersection.
           A roundabout at the intersection of Station Road and Brooklyn Road.

     A locality plan is attached as Appendix 1.

     There have been some delays resulting from some complexities in the detailed
     design of the works. In particular design of the roundabout at Brooklyn Road and
     Station Road required significant work to ensure that larger vehicles could traverse
     the roundabout, and in particular buses. An intersection at Staughton Street also
     required further design detail. This is a significant intersection, which provides for
     access to the railway station and as such required detailed consideration. As noted
     above this has ultimately resulted in the identification of the need for traffic signals at
     that intersection.

     To expedite the construction process the roundabout at the corner of Brooklyn and
     Station Roads has been split from the overall project and quotes sought. This project
     has been awarded to Panhold Constructions for a cost of $65,020 with works
     planned to proceed on 27 June 2005.

     A single tender for the balance of the project, being the major element, was
     advertised on 23 April 2005 and closed on 16 May 2005.

     Council received four (4) tender submissions as follows:

           Citywide Service Solutions - $378,990
           Panhold Constructions Pty. Ltd. - $273,914
           Unidel Constructions Pty. Ltd. - $296,034.44
           CDN Constructors Pty. Ltd. - $308,681

2.   Corporate Planning Reference and Policy Reference
     This project is referred to Council in accordance with the guidelines set out in the
     Community Plan as follows:

     Key Direction – Roads and Facilities
     Developing and maintaining roads, paths, drains, parks, buildings and other physical
     assets of our community.

3.   Financial Considerations
     Council has committed a budget allocation of $472,000 in the 2004/2005 financial
     year for these and other traffic management works in Exford and Station Road.
     Construction of a roundabout at the intersection of Brooklyn Road and Station Road,
     due to commence this month at a cost of $65,020, is also part of this overall budget
     allocation.




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     Based on the tender price for the subject contract and the price for the Brooklyn
     Road/Station Road roundabout the overall cost of the project is $366,305 (GST
     inclusive), which is below the committed budget allocation.

4.   Consultation/Public Submissions
     An extensive public consultation process has been conducted for this project. A
     public notice was placed on 20th April 2004 in Melton Leader and the Melton Express
     Telegraph. Furthermore, 51 letters were sent directly to residents in the immediate
     area advising them of the proposed works and inviting submissions. A total of 13
     submissions were received which consisted of 11 letters and 2 petitions.

     Those residents that provided submissions were given the opportunity to present
     their submissions to a special committee of Council on 15th June 2004. The findings
     of this process were taken into consideration and highlighted in the report presented
     at the 28th June 2004 ordinary meeting of Council.

5.   Issues
     The tender evaluation panel consisted of the following officers:

          Greg Wood, Acting Civil Contracts Manager
          Les Stokes, Senior Traffic Engineer
          John Miller, Works Officer

     Tenders were evaluated based on the following criteria:

          Service capability
          Financial viability
          Administrative responsibility
          Quality of works
          Occupational Health & Safety

     in accordance with Best Value policy.

     The tender submitted by Panhold Constructions Pty Ltd is the lowest tender which
     has met all of the evaluation criteria. Panhold Constructions Pty Ltd have
     successfully completed a number of projects for Council including:

          Kurunjang Traffic Control
          Rees Road footpath construction
          Catherine Drive roundabout
          Minor traffic control installations throughout Melton.

     They have demonstrated the capability of completing this project following an
     extensive interview and review process.

     The contractor has indicated that they intend to commence works in July and
     complete the project within the specified time frame of fifteen weeks.



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6.   Options
     Not applicable.

7.   Conclusion
     From the submissions received, Panhold Constructions Pty Ltd is the preferred and
     recommended contractor and has fully met the evaluation criteria as detailed in the
     contract specification.




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 ITEM NO 17                                               FILE NO: 10/45/05/004
                                                          E Healey / bmck



                CHILDREN'S SERVICES STRATEGY 2005-2008

PURPOSE OF REPORT:

This report is to present to Council to the final draft of the Melton Shire Council‟s
Children‟s Strategy 2005-2008.



RECOMMENDATION:
1.    That Council adopt the draft Shire of Melton Children‟s Strategy 2005-2008 as
      attached in Appendix 1;

2.    That Council thank representatives of the Reference Group for their time and effort
      in providing feedback and input into the development of the Strategy;

3.    That Council submit to the Department of Human Services, the Shire of Melton‟s
      Children‟s Strategy 2005-2008 as its Municipal Early Years Plan;

4.    That Council receive a further report at its July meeting, which further addresses
      the financial implications of pursing the actions within the report in regards to staff
      resourcing.

Cr Cugliari left the Chamber at 8.20pm

Cr Cugliari returned to the Chamber at 8.24pm

Crs Cugliari/Stock. That the recommendation be adopted.

                                                                                  CARRIED



REPORT
1.   Background
     The Children‟s Strategy 2005-2008 is a key strategic document of Council that has
     been developed to provide a cohesive strategic planning framework, which can be
     used to inform decisions and planning, and the allocation of resources to services for
     children and families throughout Melton for the coming three-year period and beyond.
     It is intended that the strategy will strengthen and build on local networks and
     partnerships and ensure that Melton Shire is conducive for children and families to
     live in the short and longer term.



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     The Strategy‟s framework includes a significant research and investigation phase,
     which has produced a research paper outlining the current view of Federal and State
     Governments and other relevant academic research. It also reviews other Council
     strategies and plans that have previously been undertaken including the Municipal
     Public Health Plan. In addition to the research and investigation area, there is a
     significant component dedicated to community consultation.

     Community consultation has consisted of the interviewing of families and community
     groups face to face or via surveys over a five-week period in the November-
     December period of 2004. An additional phase in the development of the strategy
     was the development of the vision purpose and values with a Children‟s and Families
     Reference Group. The final component of the strategy is the action plan, which
     relates to the primary actions Council will commit for the following three years.

     As previously indicated, throughout the development of the strategy a Reference
     Group was formed with community representatives, key State and Federal
     Government representatives and other community organisations to ensure that the
     work developed was tested regularly and the vision, purpose and values could be
     developed.

     Council should note that for the purposes of the Department of Human Services
     requirements for Council to submit a Municipal Early Years Plan this strategy has
     been identified as the key document to meet that requirement.

2.   Community Planning Reference and Policy Reference
     The Community Plan 2004-2008 under a Healthy Active and Safe Community with
     Equitable Access to a Range of Quality Services:

     2.    Health
           A Healthy environment and lifestyle with access to relevant health services

           2.6    Service Planning and Strategy identifies a Children‟s Services Strategy
                  to be developed as part of a range of Human Services Strategies for
                  Melton Shire.

3.   Financial Considerations
     Currently the only significant budgetary implications for the implementation of the
     Children‟s Strategy relate to those pertaining to additional staff required to assist in
     the delivery of the action plan. These will be subject to a further report and budget
     consideration by Council in July 2005. Council has the ability through this report to
     consider options and priorities that are achievable from a budgetary and HR
     perspective.




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4.   Consultation/Public Submissions
     The single most significant purpose of the community consultation in the
     development of the Children‟s Strategy was to ensure that the community was
     actively involved and participated in the development of the strategic plan. Given the
     growth of the Shire and the proportion of the population that consist of families with
     children aged 0-12 years, the views of the following demographic types were actively
     sought:
          Parents of children currently aged 0-12 years;
          Other family members of children aged 0-12 years e.g. grandparents;
          Individuals and couples who are planning to have children;
          Specific target groups with children aged 0-12 years who face specific issues
           in raising children in the Shire (CALD, families with children who have a
           disability, those in financial hardship and those who are socially isolated).

     The community consultation occurred over November and December 2004. The
     consultation used a range of methods including face-to-face survey, group survey
     and written survey to capture feedback from the community. The strategy was
     extensively advertised and promoted via local newspapers, in community house
     newsletters and the Council website. In addition, over twenty locations within the
     municipality were identified for posters and survey boxes. Sites targeted for
     interviewing families included the Woodgrove, Brookside and Burnside Shopping
     Centres; Activity Centres such as the Waves, Melton Visitor Information Centre, the
     Hillside Community Centre, Exford Primary School and Rockbank Primary School.
     Other community meeting points such as Child Care Centres, Maternal and Child
     Health nurse‟s offices and community events were also targeted.

     The rationale for targeting so many site interview locations was to ensure the
     collection of views from a large range of people, covering many locations throughout
     the municipality. A representative cross section of the community would be surveyed
     and included Melton Special School, Rusden Early Intervention Program, Centrelink,
     Combined Community Churches, Djerriwarrh Health Services, Spanish and
     Japanese speaking playgroups operating at Hillside Community

     The consultation questions were intentionally broad so to ensure that community
     feedback was not influenced and could be considered to be truly reflective of
     community need. Some of the questions that were included in the survey included:
          What part of the Shire do you live?
          What are three things that make the Shire of Melton a good place for young
           families?
          What three most significant things would make if a better place for young
           families?
          What do you see as the three greatest challenges facing parents who are
           raising children in this Shire? and
          Melton Shire Council plays an important role in planning and advocating for
           accessible and affordable services and facilities in the community, in what way
           do you expect Council to show this community leadership with regard to
           services for families and children aged 0-12?



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     The consultation was far reaching and included responses from 334 residents and is
     included on page 55 Appendix 1) of the strategy attached.

     As indicated previously in the report, consultation also included a Reference Group
     consisting of representatives from the community, major community organisations
     and groups, government departments and Council staff. This Reference Group
     provided valuable feedback on the consultation process, its outcomes and the
     actions.

5.   Issues
     The Shire of Melton‟s Children‟s Strategy 2005-2008 Action Plan, Appendix1 pages
     67 through to 109, provides 92 actions for Council to undertake in the coming three
     years to support the aspirations of the Melton community with regard to families and
     children. The key implications for delivery of the Action Plan surround ensuring
     adequate staff resources for implementation. Although it is proposed that Council
     adopt the strategy further consideration must be given to the financial implications of
     completing the strategy within the three-year timeframe and the resources required to
     achieve this end. It is proposed that further report will be presented to the July
     Council meeting indicating how and what particular financial implications Council may
     have to consider in order to achieve these outcomes within the set timeframe.

6.   Options
     This key strategic document of Council, which will also meet Council‟s requirements
     as the Municipal Early Years Plan, is a key directional document for the coming
     three-year period and beyond. It is recommended that Council consider some of the
     broader financial implications of delivering the plan within the coming month, but
     adopt the entire strategy as a key directional document for the coming 3 years.

7.   Conclusion
     The Shire of Melton Children‟s Strategy 2005-2008 is a comprehensive strategic
     document able to provide Council clear direction on what families value within the
     Shire. These values are evident throughout the report and the action plan and
     include integrated and co-ordinated services, accessible service, connected local
     communities, healthy and safe local environments, a well-informed community and
     quality services.

     With these underlying principles and values providing the overarching themes for the
     strategy and action plan, Council will be well placed to drive the aspirations of the
     Melton Shire community forward for the coming three-year period and beyond for
     families and children.




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ITEM NO 18                                                FILE NO: 80/70/10
                                                          Jennifer Loulie




         DRAFT OUTDOOR ADVERTISING POLICY AND GUIDELINES

PURPOSE OF REPORT:

To seek Councils support for the public exhibition of the Melton Shire Council‟s Outdoor
Advertising Policy and Guidelines.



RECOMMENDATION:
That Council place the draft Shire of Melton Outdoor Advertising Policy and Guidelines, as
attached as Appendix 1 on public exhibition for a 60 day time period.

Crs Stock/Warren. That the recommendation be adopted.
                                                                                   CARRIED


REPORT
1.   Background
     The existing Outdoor Advertising Policy was generated and adopted by Council in
     1988. This policy, although somewhat relevant at the time, is currently out of date
     and can not be used to assess the merit of planning applications for signage.

     Annually Council receives numerous planning applications for Outdoor Signage.
     Upon each application Council addresses the applications based upon the
     requirements identified under the Melton Planning Scheme, contained within Clause
     52.05. The requirements outlined under this Clause are not comprehensive and do
     not allow for Council to set local objectives for its consideration of signage proposals.

     The draft Outdoor Advertising Policy and Guidelines will apply to all outdoor
     advertising signage applications within the Shire of Melton. The guidelines provide a
     consistent approach to the design and assessment of all signs, where a planning
     permit is required.

     The objectives of Council‟s draft Outdoor Advertising Policy and Guidelines include:

           Minimize visual clutter and the proliferation of signs and to encourage concise,
            clear and consistent advertising that respects the character and appearance of
            the surrounding area.




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          Ensure visual amenity by ensuring that outdoor advertising signs compliment
           the form, design and scale of the host buildings and/or the landscape setting

          Primarily direct advertising signage to the land, which the business relates to

          Ensure that outdoor advertising is planned as part of an overall signage
           package for a site

     The policy aims to encourage applicants to not only consider signs as a method of
     attracting business custom but to appreciate the „package‟ of components (i.e.
     building form, landscaping, overall image, impact on adjoining properties etc), which
     together influence the attraction of business custom.

     The draft policy is proposed to be placed on public exhibition for 60 days. It will also
     be sent to business and trader associations and major advertising companies for
     their comments.

     Following exhibition of the policy, any submissions received will be reported back to
     Council. Once adopted by Council it is proposed to undertake an amendment to
     introduce a local policy on outdoor advertising into the planning scheme.

2.   Corporate Planning Reference and Policy Reference
     The following key directions from Councils 2004-2008 Community Plan, support the
     development of Councils Outdoor Advertising Policy and Guidelines:

     Key Direction - Jobs
     An economy with expanding job opportunities

     Key Direction - Local Business Growth
     A growing local business sector

     Key Direction - Sustainable Development
     Sustain Melton’s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities

3.   Financial Considerations
     There are no financial implications for Council associated with exhibition of the
     Melton Shire Council‟s draft Outdoor Advertising Policy and Guidelines.


4.   Consultation/Public Submissions
     a)    Preparation of the Melton Shire Council Outdoor Advertising Policy and
           Guidelines

           Internal Consultation

           As part of the preparation of the Outdoor Advertising Policy and Guidelines,
           Council undertook consultation with Council‟s statutory planning, economic
           development, tourism and leisure and local laws departments.

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            External Review of Draft Policy

            i)    The Planning Group (Planning consultancy)

                  Council engaged the Planning Group to review and critique the draft
                  Outdoor Advertising Policy and Guidelines.

                  This review was undertaken in order to assure Council that the draft
                  policy was consistent with the Melton Planning Scheme and potentially
                  robust enough to be supported if taken to an independent review (i.e.
                  VCAT or Panel Hearing). The recommendations put forward to Council
                  included:

                        Restructuring of the contents relating to advertising signs on
                         Council land to reflect statutory limitations;

                        Additional discussion of uses and land abutting areas of rural
                         and environmental significance; and

                        Slight modifications to the Policy Basis and Policy Objectives
                         identified within document.

     b)     The Draft of the Melton Shire Council Outdoor Advertising Policy

            Councils Outdoor Advertising Policy will be subject to public exhibition
            requirements. Public exhibition will include:

                 Notice in the local newspapers; and

                 Written notice to the main stakeholders (business and traders, main
                  associates, advertising companies.

            The policy will be placed on a 60 day exhibition period and any written
            submissions that are received will be reviewed as part of Council‟s
            consideration of the policy and guidelines.

5.   Issues
     The current Shire of Melton Outdoor Advertising Policy lacks the design and siting
     guidelines that need to be addressed when considering outdoor advertising. Advice
     from the Planning Group is that policies must have clear performance criteria. The
     current policy is out of date and would not be supported at VCAT.

     Council needs to set clear guidelines that assist applicants when lodging planning
     applications for outdoor signage. Council needs a clear policy, which will improve the
     image of its business centres and promotes good quality business identification.

     Council should note that the proposed policy will not be retrospective. In other words
     the policy will apply to applications made after the Policy is adopted by Council.




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6.   Options
     Council may decide to either:

     a)      Support the recommendation, and place the draft strategy on public
          exhibition;

     or

     b)      Resolve not to place the draft strategy on public exhibition

7.   Conclusion
     Outdoor advertising is the display of signs on a building or land that identifies a
     business or product. This form of business identification is often essential to the
     success of a business. Council seeks to strike a balance between the
     understandable need for business to advertise and the broader community
     expectation that Council will provide for a safe and attractive living environment.

     The Outdoor Advertising Policy and Guidelines identifies parameters that must be
     met by which Outdoor Signage within the municipality can be assessed and used in
     conjunction with the Melton Planning Scheme.

     In considering proposals the guidelines provide a degree of certainty to applicants
     that approval is likely, should the performance standards be satisfied and reasonably
     complied with. They also provide Council with a consistent approach to the
     consideration of applications.




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 ITEM NO 19                                              FILE NO: 1960/390
                                                         kelvin Tori / kt



     LOCAL LAW NO 1 - PERMIT TO PLACE TABLES AND CHAIRS ON
                           FOOTPATH

PURPOSE OF REPORT:

For Council to determine on an application for a permit under Local Law No 1 from
Midvale Forge Pty Ltd to place tables and chairs on the footpath adjacent to premises
known as “Q-Lounge”, situated at the corner of McKenzie St and Smith St. Melton.



RECOMMENDATION:
That Council grant a permit pursuant to Local Law No. 1 for the placement of 7 tables and
28 seats on the nature strip at the front of the Q-Lounge premises on the east side of
Smith St Melton, subject to the following conditions:

1.    That the development will occur in accordance with the plan submitted with the
      application, with tables permanently fixed to the ground (Appendix 1).

2.    All works to be to the satisfaction of Council‟s Engineering Design Department

3.    All seats and umbrellas must be removed from the naturestrip each day by 6.00 pm
      during non daylight saving periods, and by 9.30pm during daylight savings periods

4.    Service of food and liquor to the tables and seats must not occur between the hours
      of:

      a)     6.00pm to 9.00am; or

      b)     9.00pm to 9.00 am during daylight savings periods

5.    The area must be maintained in an ordered and tidy state by the permit holder, and
      the appearance of the area must not prejudicially affect the amenity of the area.

6.    The area must not be used solely for the sale and consumption of liquor

7.    The permit holder must identify Council and provide proof of current Public Liability
      insurance to a value of at least $5,000,000 for the activity

Crs Rowan/Cugliari. That the recommendation be adopted.
                                                                                CARRIED




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REPORT
1.   Background
     Midvale Forge Pty Ltd, operators of the premises known as Q-Lounge situated on the
     corner of Smith and McKenzie Sts Melton, have made application under Local Law
     No 1 for a permit to place 7 tables and 28 seats on the nature strip at the front of Q-
     Lounge premises on the East side of Smith St. (Appendix 1)

     Council Policy No 1.13 “Furniture on Pavements and Street Cafes” (Appendix 2)
     details certain “General Standards” that must be met for a permit to be issued.

2.   Community Planning Reference and Policy Reference
     The Council Plan 2005-2008 commits to fostering a growing local business sector.
     Council Policy No 1.13 “Furniture on Pavements and Street Cafes” applies.

3.   Financial Considerations
     There are no financial implications for Council as all proposed works are at the
     proponents cost.

4.   Consultation/Public Submissions
     A public notice (Appendix 3) was placed in the Melton Leader and Melton Express
     Telegraph on Tuesday 31 May 2005 advising of the application, inviting written
     submissions on the proposal.

     At the close of the submission period, one objection had been received from
     Indovino‟s Lawyers representing Sandy Constantine trading as QLA-Melton Willows,
     who conduct an aged care facility at 16 McKenzie St Melton.

     The stated grounds of objection are :

     “In the course of carrying on its business, Q Lounge has caused a great deal of
     disruption by allowing its customers to:

     a)    cause a high level of noise;
     b)    form crowds of marauding youths who terrorise people within the
           neighbourhood;
     c)    drag race up and down the street;
     d)    break the cyclone fence which surrounds our client‟s business premises;
     e)    smash bottles at our clients premises;
     f)    vandalise our client‟s premises; and
     g)    parade our client‟s premises in a drunken state.”

     The stated grounds of objection relate primarily to the operation of the Q-Lounge in
     its current form, and the position put is that tables and chairs placed on the nature
     strip reserve will cause further disruptions and compound the existing problems.




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     The current use was permitted via planning permit No. PA 2003/203, for which
     Council Notice of Decision to grant a permit was resolved on 25 August 2003.

     Officer‟s assessment of the Local Law permit application is that the alleged current
     situation will not cause any further disruption to adjoining properties provided that the
     use of the tables and chairs is restricted to daylight hours, similar to the restriction
     that currently applies to the use of the deck on the corner of Smith and McKenzie
     Streets.

     Comments were sought from Council‟s Planning and Development Department, who
     supported the proposal in this area as it would contribute to bringing “life” to the
     street and creating a more vibrant commercial precinct.

5.   Issues
     a)     Hours of Operation
            As the table and chairs are primarily for the consumption of food, and to create
            a sense of presence around the frontage of the premises, it is proposed that
            operation be restricted to essentially daylight hours.

     b)     Impact on Parking/Safety
            The proposed placement of wheel stops to on-street parking bays would have
            to be completed to the satisfaction of Council‟s Engineering Design
            Department.

            Tables are to be fixed to the ground and chairs/umbrellas must be packed
            away each day.

     c)     Removal of Olive Trees
            Olive trees to be removed will be replaced by species consistent with
            Council‟s preference for this streetscape.

     d)     Use of Area
            It will be a requirement that the area at no time be used solely for the sale and
            consumption of liquor.

6.   Options
     Council has the option to refuse the permit, or vary the conditions of approval.

7.   Conclusion
     Sidewalk dining has become a notable feature of most vibrant strip shopping areas.
     This type of development will enhance the Shopping and Business District. Controls
     have been recommended that will ensure that this added feature does not negatively
     impact on surrounding properties.




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ORDINARY MEETING                                                       27 JUNE 2005


ITEM NO 20                                          FILE NO: 10/195/05/033
                                                    Greg Wood / gw



     CONTRACT NO 05/033 – COBURNS ROAD DUPLICATION STAGE 1

PURPOSE OF REPORT:

To inform Council that the tender assessment for the Coburns Road Duplication Stage 1,
West Melton has been completed and a recommendation is presented to Council for
approval.



Procedural Motion

Crs Stock/Rowan

That Items 20-25 inclusive be moved in block
                                                                             CARRIED

RECOMMENDATION:
That Contract No. 05/033 – Coburns Road Duplication Stage 1, be awarded to Novawest
Contracting Pty Ltd for the sum of $737,766.59 (excluding GST).

Crs Stock/Rowan. That the recommendation be adopted.
                                                                             CARRIED


REPORT
1.   Background
     Tenders for Contract No. 05/033 were advertised on the 7 th May 2005 and closed on
     6th June 2005.

     Council received eleven (11) tender submissions as follows:

           Novawest Contracting Pty. Ltd.           $737,766.59 (GST Excluded)
           G & S Fortunato Group Pty. Ltd.          $791,389.88 (GST Excluded)
           Civilworx Constructions Pty. Ltd.        $805,585.35 (GST Excluded)
           FRH Group Pty. Ltd.                      $821,320.39 (GST Excluded)
           Airport Concrete Paving Pty. Ltd.        $891,763.50 (GST Excluded)
           Main Roads Pty. Ltd.                     $949,208.00 (GST Excluded)
           Negri Contractors Pty. Ltd.              $949,276.30 (GST Excluded)
           Winlsow Constructors Pty. Ltd.           $980,523.63 (GST Excluded)
           CDN Constructors Pty. Ltd.               $983,961.00 (GST Excluded)
           Van Ek Contracting Pty. Ltd.             $1,173,287.10 (GST Excluded)

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     The proposed works consist of the construction of the northbound carriageway of
     Coburns Road between High Street and West Melton Drive, parking and bus
     facilities; public lighting and other associated civil works.

     A locality plan is attached as Appendix 1.

     Council would also be aware that as part of the budget for 2005/2006 a commitment
     has been made for the duplication of Coburns Road between Richard Road and
     Brooklyn Road. The intention is that this work would occur over two financial years
     to enable full financing of the project.

     The third section of the duplication between West Melton Drive and Centenary
     Avenue is in Council‟s Capital Works Program however Council has yet to commit as
     at what point that section will be constructed.

2.   Corporate Planning Reference and Policy Reference
     This project is referred to Council in accordance with the guidelines set out in the
     Community Plan as follows:

     Key Direction – Roads and Facilities

     Developing and maintaining roads, paths, drains, parks, buildings and other physical
     assets of our community.

3.   Financial Considerations
     Council had committed a budget allocation of $1,159,600 in the 2004/2005 financial
     year for these works. This budget allocation has been rolled over and is included
     within the draft 2005/2006 budget.

4.   Consultation/Public Submissions
     During the design process Council consulted with Melton Secondary College in
     regards to parking and access issues relating to the proposed works. Suitable bus
     zones and short-term drop off areas have been incorporated in the final design to
     meet the requirements of the school.

     Prior to commencement of the works, meetings will be held with Melton Secondary
     College, Melton Indoor Recreation Centre and Melton Special School advising of the
     proposed works program and traffic management including temporary parking and
     access provisions to be in place during the construction process. A notice will also
     be sent to nearby property owners advising of the works.

5.   Issues
     The tender evaluation panel consisted of the following officers:
         Greg Wood, Acting Civil Contracts Manager
         Les Stokes, Senior Traffic Engineer


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         John Miller, Works Officer

     Tenders were evaluated based on the following criteria:
          Service capability
          Financial viability
          Administrative responsibility
          Quality of works
          Occupational Health & Safety

     in accordance with Best Value policy.

     The tender submitted by Novawest Contracting Pty Ltd is the lowest tender which
     has met all of the evaluation criteria. Novawest Contracting Pty Ltd has successfully
     completed a number of projects for Council including the Melton Railway Station
     Interchange and Melton Indoor Recreation Centre service road and car park
     construction. They have demonstrated the capability of completing this project
     following an extensive interview and review process.

     The contractor has indicated that they intend to commence works in July and
     complete the project within the specified time frame of sixteen weeks. This will be
     subject to preliminary works that need to be carried out by Powercor prior to
     construction commencing.

6.   Options
     Not applicable.

7.   Conclusion
     From the submissions received, Novawest Contracting Pty Ltd is the preferred and
     recommended contractor and has fully met the evaluation criteria as detailed in the
     contract specification.




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ORDINARY MEETING                                                               27 JUNE 2005


 ITEM NO 21                                               FILE NO: 10/170/250
                                                          K Tori / P O‟Brien



             BEST VALUE REPORT - HUMAN RESOURCES SERVICES

PURPOSE OF REPORT:

To advise the outcome of the Review of Human Resource Services (HRS) in accordance
with Council‟s Best Value timetable. (Appendix 1)



RECOMMENDATION:
That:

1.       The provision of human resources advice and service continue to be delivered by
         the in house Human Resource Services team.

2.       Injury Management and Employee Assistance Programs continue to be provided by
         external contracts.

3.       The use of external service provider Business Management Health Systems
         (BMHS) for Occupational Health and Safety cease at the end of the current contract
         period. And this service will thereafter be provided through the engagement of a
         full-time staff member, and

4.       The Human Resource Management Strategic Plan 2005- 2008 be endorsed by
         Council.

Crs Stock/Rowan That the recommendation be adopted.
                                                                                   CARRIED


REPORT
1.      Background

        A decentralised Human Resource model has previously operated within the Council.
        This model presented a number of issues and in July 2004 the HRS structure was
        enhanced to provide a centralised human resource service based on a partnership
        arrangement with Service Units.

        The challenge for HRS is to balance the strategic and operational activities. This
        review supports a partnership approach based upon a commitment to shared ideas
        about purpose and values and a commitment to individual and organisational growth
        and fulfilment.



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2.   Community Planning Reference and Policy Reference
     The development of the HR Strategic Plan 2005-2008 recognises the need for
     continuous improvement with the central theme of moving to a partnership
     relationship with the Service Units

3.   Financial Considerations
     The recommendations do not impose additional financial costs for Council. Savings
     of $59,200p.a will be realised when the Occupational Health and Safety Service is
     returned to in-house service provision post the current contract.

4.   Consultation/Public Submissions
     In February of this year HRS conducted a customer satisfaction survey. The Survey
     was developed and distributed to the Executive team, Third-line managers, co-
     ordinators and supervisors. The purpose of conducting the survey was to obtain
     feedback from the Service Units on their satisfaction with the level of service
     provided by HRS.

5.   Issues
     The major focus of the Strategic Plan is to empower Service Units to take
     responsibility for the “day to day” HR issues that confront them so HRS can
     concentrate on the higher level issues that require their particular expertise.

     The Plan also earmarked the following specific areas for continuous improvement
     and work is currently occurring on these particular activities:

          Organisation Development
          Culture Survey
          Leadership
          Team Building
          Performance and Development
          Learning
          Risk Management/Occupational Health and Safety
          Recruitment and Selection
          Staff Retention
          Workforce Planning
          HR Information and Reporting
          Equal opportunity
          Customer Service

6.   Options
     Council has the option to outsource HR Services in full or part but the recommended
     approach from the review is to retain the current mix of in-house and consultancy
     services to deliver HR services to Council.




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7.   Conclusion
     As a result of the analysis of the service in terms of Best Value Principles the
     following conclusions are drawn:

          The benchmarking information indicates that HRS is competitive compared
           with its counterparts in other public sector and private organisations.

          The Human Resource Management Strategic Plan 2005-2008 identifies key
           initiatives and this strategic aspect of HR Services needs to be resourced in
           house. While external organisations can provide specialised services there are
           few organisations that can provide a holistic service that is currently being
           provided by the HR Services Team.

          The current combination of in-house services and the use of consultants for
           specific services provide a cost effective service that provides value for money
           to the organisation.

     The service delivered by HRS is now regularly assessed through an annual HRS
     Survey. The outcomes of the survey are reviewed and a report prepared for the
     Executive Team on actions taken.




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ITEM NO 22                                               FILE NO: 80/90/270
                                                          Amy Reynolds



 DRAFT POLICY AND GUIDELINES FOR THE DEVELOPMENT OF STORES
                     AND OUTBUILDINGS.

PURPOSE OF REPORT:

To seek Council‟s support for the public exhibition of the Melton Shire Council draft Policy
and Guidelines for the Development of Stores and Outbuildings.



RECOMMENDATION:
That Council place the draft Melton Shire Council Policy and Guidelines for the
Development of Stores and Outbuildings, as attached as Appendix 1, on public exhibition
for a sixty (60) day time period.

Crs Stock/Rowan. That the recommendation be adopted.
                                                                                 CARRIED


REPORT
1.   Background
     Council‟s existing Shed and Outbuilding Policy was adopted by Council on the 17 th
     July 2000. This policy has since come under critical review given the lack of clear
     performance criteria for the assessment of development proposals. In addition the
     policy does not reflect current rural zone provisions.

     In recent years Council has received numerous applications for free standing stores
     and outbuildings. The Melton Planning Scheme provisions relating to the
     development of stores and outbuildings can be interpreted in a variety of ways. The
     store and outbuilding policy will refine the planning scheme requirements and provide
     both applicants and Council clear development guidelines.

     The draft policy will assist in ensuring that Council officers provide consistent
     planning advice and undertake assessment of planning permit applications for stores
     and outbuildings using consistent performance criteria.

     The draft policy proposes a number of design and sitting guidelines will assist in
     protecting the amenity of rural and residential areas.

     The policy and guidelines have been prepared with consideration given to existing
     and previous outbuilding and store applications, design responses for specific sites
     and lot sizes and the potential impact which a outbuilding or store may have on the
     surrounding area.

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     The objectives of Council‟s Outbuilding and Store Policy and Guidelines are:

           Offer clarity and insight as to when the benefit of a planning permit is required
            for an outbuilding or store

           Provide guidelines as to the appropriate size and scale of outbuildings and
            stores

           Ensure that the siting, design and scale of outbuildings and stores adequately
            respects the character of an area

           Ensure that the design and siting of outbuildings and stores does not have a
            detrimental impact upon visual amenity and the natural landscape

           Ensure that the amenity of neighbouring properties is not unduly affected by
            the use or development of outbuildings and stores

     In applying these objectives the full impact of the proposed outbuilding or store must
     be taken into account. Council wants to encourage applicants to consider the impact
     that their proposal will have on the surrounding area, neighbourhood character (rural
     and residential) and the amenity of surrounding residents.

     It is proposed to place the draft policy on public exhibition for 60 days. Submissions
     received will be reported back to Council and considered further.

2.   Corporate Planning Reference and Policy Reference
     The following key directions from Councils 2004-2008 Community Plan, support the
     exhibition and development of guidelines and policy for the development of stores
     and outbuildings within the Melton Council.

     Key Direction-Tourism
          An Attractive and interesting visitor destination as a vibrant component of
           Victoria‟s tourism mix.

     Key Direction- Sustainable Development
          Sustain Melton‟s unique mix of urban and rural lifestyles and manage
           development that meets the needs of current and future communities.

3.   Financial Considerations
     No Council related financial considerations are involved with the exhibition of the
     Policy and Guidelines for the Development of Stores and Outbuildings within Melton
     Council.




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4.   Consultation/Public Submissions
     Preparation of the proposed store and outbuilding

     As part of the preparation of the Draft Strategy and Structure Plan, Council sought a
     peer critique from the planning consultants, The Planning Group .

     The planning Group undertook their critique of the policy with the aim of providing
     advice to Council regarding the following:

          Does the policy contain enough performance based criteria to assess planning
           permit applications?
          Is the format of the document user friendly?
          Does the policy set clear and consistent policy objectives and guidelines that
           are not contrary to the requirements of the Melton Planning Scheme?
          Are the policy objectives and guidelines robust enough to be tested by an
           independent review body?

     The planning Group emphasised that when determining what is normal to a dwelling
     within a residential zone, the sole determinant should not be size (which the current
     policy is based upon). Consideration needs to be given to the intended use, height
     and available shielding features. To rectify this Council removed the prescriptive floor
     area requirements and created total cumulative floor area figures of what is
     considered beyond typical. More emphasis was placed on the intended use of the
     outbuilding to determine whether a permit is required.

     Public exhibition of the proposed store and outbuilding policy

     If Council resolves to proceed with the exhibition of the store and outbuilding policy.
     The following will be undertaken:

          Notice in local newspaper; and
          Written notification to the main Stakeholders (e.g. regular “shed and store”
           applicants).

     The policy will be placed on exhibition for a minimum of sixty (60) days. Any written
     submissions that are received will be considered prior to a decision being made on
     the future of the policy.

5.   Issues
     The existing shed and outbuilding policy lacks performance criteria related to design,
     use and siting of outbuildings/stores. The existing policy is not consistent with the
     advice provided from The Planning Group, therefore it is likely that the policy is not
     „robust‟ enough to be tested and upheld by an independent review body (e.g. VCAT).

     Council needs to ensure that policies created and endorsed are relevant for the
     current planning circumstances. The existing policy does not reflect the current
     zoning changes to the rural areas and cannot be effective in its implementation.




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     Council should note that the proposed policy will not be retrospective. In other words
     the policy will apply to applications made after the Policy is adopted by Council.

6.   Options
     Council can either choose to progress with public exhibition of the policy as shown in
     appendix 1. Alternatively council can resolve to make changes prior to the public
     exhibition of the policy.

7.   Conclusion
     The creation of a store and outbuilding policy will ensure that all advice provided to
     applicants is up to date and provides clear directions. The policy includes much
     needed design and siting usage guidelines that include draft diagrammatic
     representation.

     The policy and guidelines provide additional clarity of the relevant provisions within
     the Melton Planning Scheme. The guidelines also provide a degree of certainty to
     applicants that approval is likely should they meet the requirements of the Melton
     Planning Scheme and the policy and guidelines.

     The policy will assist in ensuring that Meltons rural and residential areas remain of a
     high quality living for all residents and visitors to the municipality.




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 ITEM NO 23                                                  FILE NO: 10/45/05/031
                                                             K Tori / kt



     CONTRACT NO 05/031 - PROVISION OF INTERNAL AUDIT SERVICES

PURPOSE OF REPORT:

To determine on awarding Contract No 05/031 – Provision of Internal Audit Services



RECOMMENDATION:
That Contract No: 05/031 – Provision of Internal Audit Services be awarded to RSM Bird
Cameron for a 3 year term, with an option of a further 2 years, in accordance with the
schedule of rates contained in their tender submission.

Crs Stock/Rowan. That the recommendation be adopted.
                                                                                      CARRIED


REPORT
1.    Background
      Council‟s Best Value Review of Internal Audit, adopted by Council in March 2005,
      determined that Council would move from internal delivery of internal audit services
      to external delivery by a professional accounting firm. This decision was based
      primarily on achieving a best value for money outcome for Council, capitalising on
      the broad industry exposure and expertise that a professional accounting firm would
      bring to the role, and addressing the Ombudsman‟s recommendation to ensure an
      appropriate level of independence from management in the role of internal auditor.

2.    Community Planning Reference and Policy Reference
      A key principle of Council‟s 2004-2008 Council Plan is Governance. Effective
      governance will ensure that the strategy decision-making process is transparent to
      all, ethical and compliant with relevant regulations and that it is truly representative of
      community‟s needs and requirements.

3.    Financial Considerations
      Provision is made in the 2005/6 Budget for the provision of internal audit services
      under this contract.




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4.   Consultation/Public Submissions
     Consultation on the change to external delivery of internal audit services occurred as
     a component of the Best Value Review on Internal Audit Services.
     The Audit Committee of Council has considered and endorsed the recommendation
     of the Assessment Panel.

5.   Issues
     An assessment panel consisting of the Chairman of the Audit Committee, the
     independent expert member of the Audit Committee, the Chief Executive and
     General Manager Corporate Services assessed tenders received and interviewed
     those short-listed.
     Tenders were based on 600 hrs of service delivery pa, and required tenderers to
     detail a schedule of rates for the various levels of staff to be engaged on projects.
     From this data an estimate of the year 1 cost of services under the contract was
     made.
     The following tenders were received:

             Tenderer                          Est. Year 1 Cost(GST Inc.)
             WHK Day Nielson                         82,500
             Hall Chadwick                           72,500
             Acumen Alliance                         92,800
             RSM Bird Cameron                        75,000
             HLB Mann Judd                           56,100

     Tenders were assessed on the basis of demonstrated experience in, and
     understanding of, Local Government, reference checks, fee structure, seniority of
     staff proposed for projects, capacity to deliver the service and range of services
     offered.

     The Tender Assessment Panel, supported by the Audit Committee of Council,
     recommends that the contract be awarded to RSM Bird Cameron.

6.   Options
     Acceptance of the Tender Assessment Panel recommendation is at Council‟s
     discretion.

7.   Conclusion
     The Tender Assessment Panel has formed the view that the tender from RSM Bird
     Cameron represents best value for money for Council, and best meets the identified
     needs of Council in moving to external delivery of this key element within Council‟s
     governance and risk management strategy.




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 ITEM NO 24                                            FILE NO: 10/140/30
                                                       P.Bongiorno / plb



                  MUNICIPAL FIRE PREVENTION COMMITTEE

PURPOSE OF REPORT:

To advise Council of the minutes of Municipal Fire Prevention Committee meetings held
on 28 April 2005 (Special Meeting) and statutory meeting held on 24 May 2005.



RECOMMENDATION:
That Council receive and note the minutes of the meetings held on 28 April and 24 May
2005.

Crs Stock/Rowan. That the recommendation be adopted.
                                                                               CARRIED


REPORT
1.   Background
     It is a requirement of the Country Fire Authority Act 1958 that Council‟s Fire
     Prevention Committee meet to discuss issues relating to the implementation of
     Council‟s Municipal Fire Prevention Plan. A copy of the minutes of the Special
     Meeting on 28 April and the Committee meeting held on 24 May 2005 are attached
     as Appendix 1.

2.   Community Planning Reference and Policy Reference
     Council‟s Community Plan 2003 – 2006 commits to the implementation of Council‟s
     Municipal Fire Prevention Plan.

3.   Financial Considerations
     Costs of the Committee and the implementation of the Municipal Fire Prevention Plan
     are covered in Council‟s budget.

4.   Consultation/Public Submissions
     The Committee consists of representatives of Country Fire Authority Regional
     Headquarters, C.F.A Brigades, Department of Sustainability and Environment, a
     Councillor and Council officers.




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5.   Issues
     Issues discussed and recommendations of the Committee are referred to in the
     minutes for action by both Council and individuals.

6.   Options
     Not applicable.

7.   Conclusion
     The actions as detailed in the Committee minutes address the current concerns of
     the Committee.




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 ITEM NO 25                                                 FILE NO: 40/20/50
                                                            C. Santoro



                            MUNICIPAL AUDIT COMMITTEE
PURPOSE OF REPORT:

This report advises Council of the minutes of the Municipal Audit Committee meeting held
on 8 June 2005 and recommends actions emanating from the minutes.



RECOMMENDATIONS:
That:

1.       The unconfirmed minutes of the Municipal Audit Committee of 8 June 2005 be
         noted; and

2.       Council endorse the recommended actions as detailed in the minutes of the
         Municipal Audit Committee Meeting held on 8 June 2005. (Appendix 1)

Crs Stock/Rowan. That the recommendation be adopted.
                                                                                  CARRIED


REPORT
1.      Background
        It is a requirement within the Terms of Reference of the Municipal Audit Committee to
        meet and report its decisions and recommendations to the Council for consideration.

        Copy of the minutes of the meeting held on 8 June 2005 is attached as Appendix 1

2.      Community Planning Reference and Policy Reference
        Council Plan 2004 – 2008 commits to effectively managing Corporate Risk, partly
        through undertaking an Internal Audit Program.

3.      Financial Considerations
        Provision has been made in this year‟s budget for the remuneration on a fee per
        meeting basis for independent members of the Committee, with an optional
        additional amount paid to the Chairperson.

        The cost of running the Internal Audit Unit is listed in the Internal Audit Program
        within the Council Annual Budget.



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4.   Consultation/Public Submissions
     The Municipal Audit Committee consists of Councillor Mammarella, Councillor Stock
     and three independent external audit members Mr. Ken Higginbotham as
     Chairperson, Mr Adam Roberts and Mr David Soderblom.

5.   Issues
     Issues discussed and recommendations made by the Committee are noted in the
     minutes.

6.   Options
     The Audit Committee is an advisory committee of Council, and Council therefore has
     the discretion to accept, reject or amend its recommendations.

7.   Conclusion
     The decisions and recommendations reported in the minutes are now tabled to the
     Council for consideration.




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 ITEM NO 26                                               FILE NO: 815/0220
                                                          M Heaney / A Cope



                                WESTLAKE PETITION
PURPOSE OF REPORT:

To inform Council of action taken in regard to a petition generated by the residents of the
Westlake Estate at Melton West.



RECOMMENDATION:
That Council Officers undertake consultation with the petition submitter to discuss issues
raised in the petition and that the petition submitter be notified that:

1.    Landscape works that have been undertaken by the developer are as required
      under the planning permit conditions and approved landscape plans;

2.    The developer has been instructed to provide a shared path for the length of the
      Arnolds Creek Linear Reserve within the Westlake Estate;

3.    A masterplan for the open space will be undertaken, including community
      consultation, provided that funding identified within the 2005/06 Draft Budget is
      adopted. The masterplan will be presented to Council for adoption prior to works
      being undertaken.

Crs Rowan/Cugliari. That the recommendation be adopted.
                                                                                  CARRIED


REPORT
1.   Background
     A petition containing 131 signatures was tabled at the May 2005 Council meeting.
     The petition requested that Council ensure that the promised tennis courts, water
     features and development of parks in the Westlake estate be provided.

     A copy of the petition is attached as Appendix 1.

     The two parks in question are Westlake Recreation Reserve and Westlake Linear
     Reserve. Westlake Recreation Reserve is a district reserve that is bounded by
     Bulmans Road to the east, St. Catherine's Primary School to the north and Arnolds
     Creek west Branch to the west and south.

     A locality plan is attached as Appendix 2.



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   The development of Westlake estate is covered by a number of planning permits and
   in general have limited focus on the landscaping of the estate. The permits require
   that the reserves that are created must be self draining, free of surface rock,
   stabilised with uniform ground cover and capable of being maintained with
   conventional mowing equipment. As a general rule the landscaping that has been
   provided exceeds these requirements. The approved plans for the landscaping of
   the Westlake Linear Reserve, up to Ellesmere Court have been complied with the
   reserve subsequently being handed over to Council.

   The planning permits require that a shared path be provided in any reserve that is
   created within the subdivision. This requirement has not been fully met. and the
   developer has been advised that the construction of the shared path is to be
   completed prior to the issuing of a statement of compliance for the balance of the
   estate.

   The construction of water features is to occur in the section of the Westlake Linear
   Reserve north of Ellesmere Court. The primary purpose of the water features is to
   achieve water quality improvement goals as defined in the Stormwater Management
   Guidelines. Additional benefits that are gained by the construction of water features
   include the increased amenity to the area as well increased habitat for local fauna.
   This plan has been submitted to Council for approval. The current proposal for the
   development of this area has been rejected due to insufficient detail relating to the
   water bodies, lack of a continuous shared path within the linear reserve and lack of
   barricading between the streets and the reserve.

   The construction of a single public use tennis court was a proposal that was identified
   on initial concept plans for the Arthur Westlake Recreation Reserve prepared in
   approximately 1995. This proposal was subsequently reviewed due to the future
   development of a eight (8) court facility in the new residential development, Arnolds
   Creek Estate, north of the Westlake estate.

   Melton Shire has three (3) single use public access courts within the municipality and
   these have a tendency to be misused and vandalised. The levels of misuse and
   vandalism can be directly related to the levels of passive surveillance that occurs
   within the reserve. Based on experience with these types of courts, Council has
   made a strategic approach to construct tennis courts in grouping that enable the
   sustainable development and operation of a club to service players of the community.
   One of the strategies being investigated is to encourage the club to provide casual
   access to non members, thereby increasing the use of Council assets.

   The construction of the shade sails to the west of Westlake Recreation Reserve was
   undertaken by the developer in an early stage of the estate. The approved plan
   identifies the shade structure as a „stand alone‟ item. It appears that the general
   consensus is that the structure is being misused. In practical terms, this structure
   serves little benefit to the community and as such this will be reviewed as a
   component of the masterplan for the reserve. The opportunity exists for the creation
   of an „activity/community zone‟ based around the structure.




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     The further development of Westlake Recreation Reserve is proposed within the
     2005/06 financial year through the development of a masterplan for the reserve and
     development within the financial constraints of the budget. During the masterplan
     process there will be community consultation to determine what is developed within
     the designated activity zones of the reserve. The principles on which the masterplan
     is to be based is outlined within Councils‟ adopted Open Space Strategy.

2.   Community Planning Reference and Policy Reference
     Key Direction - Environment and Sustainability

     A sustainable community that protects and enhances its‟ environment

     a)     Sustainable Development
     b)     Natural and Cultural Heritage
     c)     Open Space

     Key Direction - Roads and Facilities

     Developing and maintaining roads, paths, drains, parks, buildings and other physical
     assets of our community.

     a)     Growth and Development
     b)     Council Facilities
     c)     Transport

     The key directions and subordinate goals identify the expected outcomes that are
     required to meet the needs of the community in these areas.

3.   Financial Considerations
     $270,000 has been identified within the Draft 2005/06 budget for the further
     development of the reserve.

4.   Consultation/Public Submissions
     Community consultation will be undertaken as part of the development of the
     masterplan for the reserve. As this reserve is classified as a district reserve the level
     of notification of consultation will extend to an approximate diameter of five hundred
     (500) metres as well as advertising within the local paper. The draft masterplan will
     be displayed at the reserve for inspection and comment.

     Comments will be reviewed and taken into account before a final draft of the
     masterplan is available for formal adoption.




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5.   Issues
     The community develops perceptions about the open space and level of landscaping,
     often based on expectations when purchasing the property as well as the marketing
     of the development. Traditionally the requirements on developers have been very
     limited with the expectation that Council will undertake further landscaping in the
     future as the population grows and demand increases. Anecdotal evidence has
     shown that the expectation of the community is changing with a higher demand on
     the “up front” development of open space. This is being addressed through the
     creation of “Development Guidelines” for open space in new developments, thereby
     creating a clearer picture of what is to be undertaken by the developer to meet the
     current and future recreational needs of the community.

     A key issue surrounding developments within the Melton Township has been the
     level of water restrictions that have been imposed for the past four (4) to five (5)
     years. This has had an adverse impact on the landscape of the area with and
     created an image that is not consistent with other sections of the municipality that do
     not have the same levels of water restrictions. This has recently been alleviated
     through the easing of restrictions and the imposition of „Permanent Water Saving
     Measures‟ which allow the irrigation of Public Open Space.

6.   Options
     a)   Notify the submitter of the petition that works undertaken by the developer are
          as required under the planning permit conditions and approved landscape
          plans.
     b)   Undertake community consultation and associated works as part of the
          masterplanning process for the reserve on the basis that funding identified
          within the 2005/06 Draft Budget is adopted.
     c)   Undertake remedial works to meet the desires as outlined within the petition:-
           i)     Construct tennis court in the proposed location
           ii)    Construct water features within Arnolds Creek West Branch Linear
                  Reserve

7.   Conclusion
     It is apparent that resident‟s expectations regarding the landscaping of the linear
     reserve and the Westlake reserve within the Westlakes Estate have not been
     achieved. The proposed budget for 2005/2005 provides for the development of a
     master plan for this reserve. It is essential that Council undertake this master plan in
     close consultation with the community, prior to undertaking capital works in the area.
     A master plan will provide a clear understanding for the community and Council as to
     what is proposed on the land and will also take account of other facilities that are
     available within close proximity to ensure that they are not duplicated unnecessarily.




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ORDINARY MEETING                                                         27 JUNE 2005


 ITEM NO 27                                             FILE NO: 80/20/20
                                                        R Vincent / rv



MUNICIPAL BUILDING SURVEYOR COUNCIL DELEGATION DECISIONS - 1
               JANUARY 2005 UNTIL 10 JUNE 2005

PURPOSE OF REPORT:

To inform Council of decisions made under delegation by the Municipal Building Surveyor
for variations to setback and other requirements of the Building Regulations 1994.



Procedural Motion

Crs Stock/Warren

That Items 27-29 inclusive be moved in block
                                                                               CARRIED

RECOMMENDATION:
That the Council note the properties that have been granted variations from requirements
of the building regulations since 1 January 2005 under delegated authority. (See
Appendix 1).

Crs Stock/Warren. That the recommendation be adopted.
                                                                               CARRIED


REPORT
1.   Background
     ResCode introduced into Building Regulations

     The Building (Single Dwellings) Regulations 2001 commenced operation on 24
     August 2001. Part 4 of the Building Regulations 1994 was amended to include new
     siting and setback measures with new factors, such as overlooking, not traditionally
     considered under building legislation. The measures found in part-4 of Building
     Regulations 1994 generally referred as ResCode, are virtually identical to their
     counterparts under planning amendments introduced at the same time. Disparities
     between Planning and Building are now largely removed because the measures and
     decision criteria in most cases are the same.

     The following aspects are now regulated under the Building Regulations:
          wall, fence and carport heights


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          wall, fence and carport lengths
          boundary setbacks
          private open space - including secluded private open space
          site coverage
          light courts to habitable room windows of the subject building
          light courts to habitable room windows of an adjoining residence
          overlooking
          overshadowing
          obstruction of solar access to north facing windows of adjoining residences
          off-street car parking
          amount of allotment covered with surfaces impervious to soakage of
           rainwater.

     Part 4 of the Building Regulations 1994 was amended and put into operation on 24
     December 2001. New initiatives were to bring the sitting requirements and amenity
     requirements for single dwellings on allotments further in line with the Town Planning
     requirements for multiple dwellings.

     For designs not meeting the measures of the Regulations and which do not require a
     planning permit, the traditional consent and report process applies - i.e. Council may
     issue a dispensation. Due to the short time-frame for decision (15 days) Council‟s
     powers under Building Regulations 1994 have remained delegated to staff. The
     Minister for Planning has provided guidelines to Councils and consent must be
     refused where a design does not comply with these. There is also now a legislated
     requirement for Council to give the owners of allotments that may suffer detriment, an
     opportunity to make submissions. This is provided via comments from affected
     adjoining neighbours. In some instances full advertising in line with Town Planning
     procedures will be necessary.

2.   Community Planning Reference and Policy Reference
     6.2   Develop and enhance Council systems, procedures and protocols to ensure
           responsiveness to customer requirements.

3.   Financial Considerations
     A fee for service is charged for each application for Council Consent.

4.   Consultation/Public Submissions
     Comments are sought from affected adjoining neighbours when an application is
     received. Advertising may be carried out in some circumstances.

     Appeals against Council‟s decisions may be made through the Building Appeals
     Board of the Building Commission.



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5.   Issues
     In considering applications, persons that may be affected are consulted. The
     proposed design must meet the appropriate Minister‟s Guideline criteria. All
     consents are issued on the condition that all requirements of the Building Regulations
     are met.

6.   Options
     Where alternative designs or siting are available, negotiations take place prior to a
     decision. Council consents may also be issued with conditions attached.

7.   Conclusion
     The delegation of these decisions helps streamline the operation of the Municipal
     Building Surveyor‟s duties. This increases efficiency within the Building Services Unit
     and Council and reduces costs to the community and the Council. The provision of
     customer service is enhanced by the system of delegation.




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ORDINARY MEETING                                                            27 JUNE 2005


 ITEM NO 28                                               FILE NO: 40/90/190
                                                          Liz Foreman


                  2004/05 COMMUNITY FUNDING PROGRAM

PURPOSE OF REPORT:

This report is to inform of the recommendations of the selection panels on the expenditure
of 2004/2005 Community Funding Scheme.



RECOMMENDATIONS:
That Council receive & note the assessment panels recommendations to award funding
under the 2004/05 Community Funding Program, Funding Rounds 2 & 3 as exhibited at
Appendix 1.

Crs Stock/Warren. That the recommendation be adopted.
                                                                                 CARRIED


REPORT
1.   Background
     The intent of the Melton Shire Council 2004/05 Community Funding Program is to
     provide financial support to community groups and organisations for the development
     of conservation, leisure, recreation, arts, special event and community development
     programs and / or projects. Funded projects will assist in the advancement of
     individuals, groups and the broader community.
     Aims of the Community Funding Program are:

     1.     To encourage and value the contribution of local residents to the
            enhancement of they‟re local communities and the preservation and
            improvement of the local environment.

     2.     To celebrate and develop the skills and interests of residents within the Shire
            of Melton.

     3.     To foster partnerships between the Melton Shire Council and local
            organisations that strengthens the local community.

     4.     To support initiatives that encourages healthy living and social connections.

     5.     To promote the activities and features of the Shire of Melton which emphasise
            our regional advantages for residents, businesses and tourists.



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     6.    To unite the community by creating a positive, dynamic, caring and safe
           community.

     7.    To improve sustainable living and build a learning community.

     8.    Facilitate and support new local initiatives for community festivals and events
           with a view to existing initiatives becoming increasingly self-sufficient.

     9.    Reflect and promote the cultural richness and diversity of the Shire, including
           and heritage qualities.

     Funding towards Round 1 was assessed during November 2004 with an expenditure
     of $137,535.17 across all programs & schemes.

     Funding Round 2 was assessed in March 2005, with $36,852.90 being expended
     across all programs & schemes.

     Due to the total funds not being expended a 3 rd Round of funding was offered and
     assessed during May / June 2005. At total of $31,494.11 was funded during this final
     round.

2.   Community Planning Reference and Policy Reference
     The following key directions from Council‟s 2004-2008 Community Plan, support the
     development of the Community Funding Program:

     Key Direction – Leisure
     An active community, with leisure choices and opportunities.

     Key Direction – Image and Marketing
     A reputation as a vibrant and prosperous Shire.

     Key Direction – Natural and Cultural Heritage
     Protect and enhance sites of environmental, historical and cultural significance and
     sensitivity.

     Key Direction – Open Space
     A range of open space choices and opportunities accessible to the community

     Key Direction – Growth and Development
     Roads, paths, drains, parks, community facilities and other infrastructure that is
     responsive to community growth, safety, social and economic development and
     environmental sustainability.


3.   Financial Considerations
     A total budget of $230,000 for the 2004/05 Community Funding Program was
     allocated in Council‟s 2004/05 budget. Throughout the 2004/05 Program, a total of
     $205,280.99 has been expended to 87 successful applicants.




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4.   Consultation/Public Submissions
     During the 1st December 2004 meeting, Council adopted selection committees to
     adjudicate and assess applications. These committees are comprised of officers of
     Council, Councillors and independent community representatives. Assessment
     Panels met during March to adjudicate Round 2 & also throughout May & June to
     assess Round 3 applications.

     Public Notices were lodged in local press calling for applications for Round 2 on 16 th
     & 29th November, 13 December 2004 & 10th & 24th January 2005. Public Notices
     were lodged in local press calling for applications for Round 3 on 5 th April 2005.

     Community Information Night / Workshop for Funding Round 2 was held on 16 th
     November 2004.

5.   Issues
     Not applicable.

6.   Options
     Not applicable.

7.   Conclusion
     The 2004/05 Community Funding Program has provided Council with a significant
     opportunity to celebrate the skills and interests of residents within the Shire of Melton
     and foster partnerships between Council and local organisations that enhance and
     strengthen our community.




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ORDINARY MEETING                                                             27 JUNE 2005


 ITEM NO 29                                              FILE NO: 10/45/05/016;
                                                         10/45/05/019; 10/45/05/021
                                                         M Heaney / D Gray


                PROVISION OF TRADE SERVICES CONTRACTS

PURPOSE OF REPORT:

Tenders have been advertised for the Provision of Trade Services Contracts. This report is
to inform Council that tender assessments have been completed and a recommendation is
presented to Council for consideration.



RECOMMENDATION:
Contract No. 05/016 Electrical Services

1.    That Contract No. 05/016 (Electrical Services) be awarded to the following panel of
      Contractors for a three year term, (with a Council exercisable option to extend for a
      further two years) as per the schedule of rates submitted (See Appendix 1).

      a)     Werribee Electrical Contracting Service Pty Ltd

      b)     High Access Cabling Pty Ltd

      c)     HMC Electrics

      d)     Lawcorp Electrics Pty Ltd


Contract No. 05/019 Fencing Services

2.    That Contract No. 05/019 (Fencing Services) be awarded to the following panel of
      Contractors for a three year term, (with a Council exercisable option to extend for a
      further two years) as per the schedule of rates submitted (See Appendix 2).

      a)     Ideal Fencing Services Pty Ltd

      b)     Dales Fencing

      c)     Tubular Industries Pty Ltd




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Contract No. 05/021 Fire Services

3.       That Contract No. 05/021 (Fire Services) be awarded to the following Contractor for
         a three year term, (with a Council exercisable option to extend for a further two
         years) as per the schedule of rates submitted (See Appendix 3).

         a)    Chubb Fire Safety Ltd

Crs Stock/Warren. That the recommendation be adopted.
                                                                                  CARRIED


REPORT
1.   Background
     At the 26 July 2004 Council meeting, a report was adopted by Council for Best Value
     – Property Maintenance. The report comprised of the following recommendations
     that relate to this Contract.

             That Council authorise officers to continue to outsource the delivery of Trade
              and Professional Services via Contracts and Service Agreements for the
              provision of property maintenance.

             That on expiry, a panel of future Trade and Professional Service Contracts
              and Agreements for property maintenance be advertised.


     The provision of services to be supplied by these contracts includes;

             Reactive (Breakdown) maintenance works including the investigation & repair
              tasks logged as “Customer Action Requests” by facility users.

             Investigation & repair works associated with reactive maintenance tasks
              directed by Community Infrastructure in response to routine facility auditing.

             Implementation of programmed inspection tasks, such as the Essential
              Service compliance provisions of the Building Regulations.

             After Hours Breakdown repairs.

             Implementation of programmed works.


     Council‟s current Trade Services Contracts are due to expire on 30 June 2005 and
     as such Tenders have been advertised to renew these Contracts.

     Tenders were advertised in the both the Age and Local newspapers.




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ORDINARY MEETING                                                   27 JUNE 2005

   Tenders were received from the following:

   Contract No. 05/016 Electrical Services
        Lawcorp Electrics Pty Ltd
        J & PJ Shepheard Electrical Contractors
        Greg Chandler Electrical Pty Ltd
        Werribee Electrical Contracting Service Pty Ltd
        High Access Cabling Pty Ltd
        Keemin Pty Ltd Electrical Contractors
        Rooklee Australia Pty Ltd
        Don Williams & Son Pty Ltd
        HMC Electrics

   Contract No. 05/019 Fencing Services
        Ideal Fencing Services Pty Ltd
        Dales Fencing
        Tubular Industries Pty Ltd

   Contract No. 05/021 Fire Services
        Chubb Fire Safety Ltd
        Fire Equipment Services

   Tender evaluation panels consisted of the following officers:

   Contract No. 05/016 Electrical Services
        Peter Bean Administration Manager
        Darren Gray, Building Operations Co-ordinator
        Jamie Guppy, Property Compliance Officer
        Mick Gorfine, Facilities Maintenance Officer
        Amit Khairajani, Business System Analyst

   Contract No. 05/019 Fencing Services
        Darren Gray, Building Operations Co-ordinator
        Jamie Guppy, Property Compliance Officer
        Mick Gorfine, Facilities Maintenance Officer




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   Contract No. 05/021 Fire Services
        Darren Gray, Building Operations Co-ordinator
        Jamie Guppy, Property Compliance Officer
        Mick Gorfine, Facilities Maintenance Officer

   Tenders were evaluated based on the following criteria:
        Conforming Tender
        Cost
        OH&S Systems
        Capacity
        Experience


   Contract No. 05/016 Electrical Services
   The tender submissions were measured against eight criteria. These were given a
   weighting dependant upon their importance. The submitted documentation was
   evaluated against the first five criteria and those Tenderers with an accumulated
   score greater then 60% were short-listed for further evaluation. A total of 5 tenderers
   were short-listed.

   The short-listed tenderers submissions were evaluated against criteria 6 thru 8 which
   included an interview of both the Tenderer and a Referee chosen at random from the
   Tenderers submitted documentation. The four Tenderers with the highest final score
   and least hourly rate are to be the preferred Contractors appointed to the Contractor
   Panel.

   (See Appendix 4, for Evaluation Scores)

   Contract No. 05/019 Fencing Services

   All three tender submissions received were found to satisfactorily meet the evaluation
   criteria.

   Contract No. 05/021 Fire Services

   Both tender submissions received were found to satisfactorily meet the evaluation
   criteria. However, As only one Contractor is required for this Contract and the
   submission from Chub Fire Safety Limited involved the lessor cost, they are the
   Evaluation Panel‟s recommended Tenderer.




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2.   Community Planning Reference and Policy Reference
     Under the 2003-2006 Community Plan Council has highlighted a Key Direction of
     Roads and Facilities. In doing so the objectives set are as follows:

     1.    Growth and Development

     Roads, paths, drains, parks, community facilities and other infrastructure that is
     responsive to community growth, safety, social and economic development and
     environmental sustainability

3.   Financial Considerations
     The funding for the Electrical Services Contract is generated each financial year
     within Community Infrastructure‟s budget and is a recurrent expenditure with capital
     items identified and submitted through the budget New Initiative process.

4.   Consultation/Public Submissions
     Consultation has occurred with other service units for their requirements and input
     into the service specification.

5.   Issues
     Not Applicable

6.   Options
     Not Applicable

7.   Conclusion
     Contract No. 05/016 Electrical Services

     The following four Contractors have obtained the highest evaluation scores and
     submitted the least hourly rate, and as such are the preferred and recommended
     contractors of the evaluation panel.
          Werribee Electrical Contracting Service Pty Ltd
          High Access Cabling Pty Ltd
          HMC Electrics
          Lawcorp Electrics Pty Ltd




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   Contract No. 05/019 Fencing Services

   The following three Contractors have satisfied the evaluation criteria and as such are
   the preferred and recommended Contractors of the evaluation panel.
        Ideal Fencing Services Pty Ltd.
        Dales Fencing.
        Tubular Industries Pty Ltd.

   Contract No. 05/021 Fire Services

   The following Contractor has best satisfied the evaluation criteria and as such is the
   preferred and recommended Contractor.

        Chubb Fire Safety Ltd




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 ITEM NO 30                                               FILE NO: 405
                                                          Grant Thorne / jb



       SPEED CALMING TREATMENTS LICENSE ROAD DIGGERS REST
                            PETITION

PURPOSE OF REPORT:

To respond to the petition presented at the 23 May 2005 Ordinary Meeting of Council,
requesting immediate full community consultation regarding the proposed construction of
speed calming treatments in License Road Diggers Rest.



RECOMMENDATION:
1.     That the petition containing 43 signatures from residents in License Road
       requesting immediate full community consultation be received and noted.

2.     That Council complete the construction of the 3 speed humps within License Road
       as per Councils Capital Works Program 2004/2005.

3.     That Council write to the resident who submitted the petition advising of Councils
       decision.

Motion:
Crs Cugliari/Stock.
That
1.     That the petition containing 43 signatures from residents in License Road
       requesting immediate full community consultation be received and noted.

2.     That Council write to the resident who submitted the petition advising of Councils
       decision.

3.     That Council undertake further consultation, through a letter drop or similar means,
       with local residents in the immediate area, and emergency service providers to seek
       their views on the issue.

4.     As part of the submission process that any interested parties be provided the
       opportunity to provide a verbal submission to the ward Councillor and Council staff.

5.     That a further report be made to Council reporting on the outcomes of the further
       consultation so as to enable Council to make an informed decision on the issue
                                                                                  CARRIED




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REPORT
1.   Background
     A petition was tabled at the 23 May 2005 Ordinary Meeting of Council signed by 43
     residents concerned about the lack of community consultation undertaken in regards
     to the installation of speed humps in License Road Diggers Rest. (Appendix 1)

     The signatories to the petition are calling for immediate full community consultation
     regarding the proposed construction of speed calming treatments in License Road.

     A locality plan is attached as Appendix 2.

     The review of traffic calming treatments in the township of Diggers Rest dates back
     to 2000. In 2000 Council engaged Turnbull Fenner to conduct a Local Area Traffic
     Management (LATM) Study of the township of Diggers Rest, the final report being
     presented in December 2000. The development of the LATM Study by Turnbull
     Fenner involved extensive consultation with the local community. The community
     consultation component of the study included public information meetings held in the
     local area, questionnaire surveys, circulars and a formation of a traffic study group to
     assist with the study. The traffic study group included elected members from the
     local community.

     At the time of this LATM Study, the 85 percentile speed (the speed of which 85% of
     the vehicles are travelling at or less than) for License Road was 63kph (July 1988).
     At the time when the Turnball Fenner study was conducted the regulatory speed limit
     on License Road was 60kph. Whilst the Local Area Traffic Management Study is
     silent on the installation of speed humps in License Road, the 85 percentile speed is
     only 3 kilometres greater than the regulatory speed. The speed of traffic within
     Diggers Rest was the major issue raised throughout the Study.

     Since this original study was undertaken the Victorian Road Rules have changed and
     the regulatory speed for License Road is now 50 kph. A recent traffic study
     undertaken in February 2005 showed that the 85 percentile speed for License Road
     was 57 kph, which is 7 kilometres or 14% above the regulatory speed limit. This
     difference between the 85 percentile speed and the regulatory speed is considered
     too great and like other areas of the Shire speed control devices are installed on local
     roads to reduce this difference between the 85 percentile speed and the regulatory
     speed.

     As part of the 2004/2005 Council Budget Council allocated $15,000 to install 3 speed
     humps along License Road. Following the design of these speed humps in
     accordance with the Australian Standards watt‟s hump profile Council sent to the
     owners and occupiers of the properties directly affected by the works, on 19
     November 2004 a letter advising them that funds had been approved to construct
     speed humps in License Road. Appendix 3 shows the engineering plan for the
     installation of the speed humps and the properties in which the letter was sent to are
     shaded.




                                                                                   Page 175
ORDINARY MEETING                                                            27 JUNE 2005

     Subsequent to the letter to those residents directly affected, Council received 2
     letters raising concerns about the speed humps. The first letter raised concerns that
     they had bought the property subsequent to Council sending out the original letter
     and hence were not notified by the previous owner, that the speed hump would
     devalue their property, but also with a statement in their letter saying “they do not
     care if Council puts them in the street just don‟t put them right in front of my house.”

     The second letter raised concerns about justification for the speed humps, resident
     consultation process, accuracy of location plan, selection of speed hump design, use
     of speed humps to discourage vehicles from using License Road as a short cut,
     projected increased noise levels, effectiveness of the speed hump, litigation, private
     street scheme and increased reckless behaviour by some vehicle owners.

     Subsequent to communicating with the 2 residents who submitted the letters, Council
     had a road safety audit undertaken by Road Safety Audits Pty Ltd (Appendix 4).
     The findings of this audit considered the installations of road humps as an
     appropriate treatment for License Road. The audit report also states that the design
     and location of the watt‟s profile humps are supported from a road safety prospective.
     The speed humps are also positioned at reasonable intervals and appropriately offset
     from side streets with advanced and intermediate warning signs.

2.   Community Planning Reference and Policy Reference
     Key Direction
     Roads and Facilities
     Developing and maintaining roads, paths, drains, parks, buildings and other physical
     assets of our community

     Growth and Development
     Roads, paths, drains, parks, community facilities and other infrastructure that is
     responsive to community growth, safety, social and economic development and
     environmental sustainability.

3.   Financial Considerations
     The cost of this project is being funded through 2004/2005 Traffic Management
     Program with an estimated cost of the works being $15,000.

4.   Consultation/Public Submissions
     As part of the design of the speed humps 10 local residents as identified in
     Appendix 3 were directly written to by Council advising them of the proposed works
     of which Council received 2 letters objecting to the speed humps as detailed above.
     Further to the letters, a petition containing 43 signatures was tabled at the 23 May
     2005 Ordinary Meeting of Council.

     Councils general policy regarding consultation in regards to capital works involves
     writing to those parties directly affected by the works which in most cases does not
     mean writing to every property in the street.




                                                                                   Page 176
ORDINARY MEETING                                                            27 JUNE 2005


5.   Issues
     Council has identified through traffic studies that the 85 percentile speed for License
     Road is currently 57 kph with the regulatory speed limit of the road being 50kph.
     This difference is speed is considered too great for a local street and like other areas
     of the shire Council installs traffic calming treatments to reduce this gap between the
     85 percentile speed and the regulatory speed. In the case of License Road, it was
     recommended that 3 speed humps be installed along its length to assist in controlling
     the speed along License Road.

     Direct consultation was carried out with 10 property owners and occupiers in License
     Road. The road safety audit undertaken by Road Safety Audits Pty Ltd for Council
     demonstrate that the installation of speed humps in this road is an appropriate
     treatment and that the watt‟s profile road humps proposed are supported from a road
     safety prospective.

6.   Options
     There are 2 options available to Council regarding these works.

     Option 1

     Delete the works from the 2004/2005 Capital Works Program, and write to all
     residents of License Road advising them of this decision.

     Option 2

     Complete the works as originally identified in Councils Capital Works Program,
     recognising that the works may not be totally supported by the residents of License
     Road, but will achieve the goal of reducing the speed within License Road creating
     an overall safer road environment for the whole community on Diggers Rest.

     Option 3

     Council could undertake further consultation with interested residents and emergency
     service providers.

7.   Conclusion
     It is recommended that option 2 above be adopted, as this will improve road safety
     within License Road for both the local residents of License Road and the overall
     community of Diggers Rest. Community consultation has been carried out with those
     residents directly affected by the speed humps, but it is acknowledged that the whole
     street of License Road was not consulted, however, the installation of speed humps
     is supported by Road Safety Audit and the watt‟s profile speed hump is supported
     from a road safety perspective.




                                                                                   Page 177
ORDINARY MEETING                                                              27 JUNE 2005


 ITEM NO 31                                              FILE NO: 80/30/300/108
                                                         Chris Guthrie / cg



     SPECIAL CHARGE LEVY FOR THE CONSTRUCTION OF SEWERAGE
     WORKS AT THE TOOLERN INDUSTRIAL PARK, ABEY AND FERRIS
                        ROADS, MELTON

PURPOSE OF REPORT:

This report is to “Propose the declaration of a Special Charge” for the defraying of the
expenses associated with the construction of sewerage infrastructure works at the Toolern
Industrial Park, Abey and Ferris Roads, Melton.



RECOMMENDATIONS:
1.    The following declaration of a special charge be proposed (“the proposed
      declaration”):

      a)     The special charge be declared for the purpose of defraying any expenses
             incurred by Council in relation to the construction of sewerage infrastructure
             works at the Toolern Industrial Park, Abey and Ferris Roads, Melton which
             project :

             i)    Council considers it is, or will be a special benefit to those persons
                   required to pay the special charge (and who are described in
                   succeeding Parts of this Resolution); and

             ii)   arises out of Council‟s function of planning for and providing services
                   and facilities for the local community.

      b)     The

             i)    total cost of performing the function described in Part 1.a) of this
                   Resolution be recorded as $308,891 exclusive of GST; and

             ii)   total amount for the special charge to be levied be recorded as
                   $22,239.85 exclusive of GST or such other amount as lawfully arises
                   out of the levying of the special charge.

      c)     The following be specified as the area for which the special charge is so
             declared:

             The area of land at 182-190 Ferris Road, Melton, 41-53 Abey Road, Melton,
             27-39 Abey Road, Melton, 130-160 Ferris Road, Melton and 162-180 Ferris
             Road, Melton.



                                                                                  Page 178
ORDINARY MEETING                                                            27 JUNE 2005

      d)     The following be specified as the land in relation to the special charge so
             declared with proposed charge

             182-190 Ferris Road, Melton               $22,239.85

      e)     The following be specified as the criteria which form the basis of the special
             charge so declared:

             Ownership of the land described in Part 1.d) of this resolution.

      f)     The following be specified as the manner in which the special charge so
             declared will be assessed and levied:

             Having regard to the proceeding parts of this Resolution but subject to
             Section 166(1) of the Local Government Act 1989, it be recorded that: -

             i)     the owners of the land described in Part 1d of this Resolution are
                    estimated to be liable for the respective amounts set out in Part 1d) of
                    this resolution;

             ii)    such owners may, subject to further Resolution of Council, pay the
                    special charge over a period of 10 years in the following manner;

             By instalments in line with Council‟s general rates instalments in each year,
             being generally on or about 30 September, 30 November, 28 February and
             31 May;

2.    The proposed declaration be considered by Council at its meeting on 29 August
      2005, at which time Council will consider whether to make a declaration in the form
      of the proposed declaration.

3.    Council‟s Chief Executive be authorised to give public notice of the proposed
      declaration, in accordance with sections 163(1A) and (1B) and 163B(3) of the Local
      Government Act 1989 and send a copy of the public notice to each person who is
      liable to pay the special charge in accordance with Section 163(1C) of the Local
      Government Act 1989.

4.    A Committee consisting of Council consider submissions made in accordance with
      Section 223 of the Local Government Act 1989.

Crs Rowan/Stock. That the recommendation be adopted.
                                                                                 CARRIED



REPORT
1.   Background
     Council approved expenditure in its 2004/05 budget for an extension of sewerage
     services to service properties on the corner of Abey and Ferris Roads, Melton at the
     Toolern Industrial Park.
     Appendix 1 indicated the location of the proposed works.

                                                                                  Page 179
ORDINARY MEETING                                                           27 JUNE 2005

     The 5 properties affected by the extension of the sewer are illustrated in Appendix 1
     and are also listed in Table 1 below.

     TABLE 1 - PROPERTIES AFFECTED BY SEWER EXTENSION:

      Address of property                Ownership                Status/Comments
      41 – 53 Abey Road      Crestlaw Ltd                    Council to extend sewer
                                                             under contractual obligations.
      27 – 39 Abey Road      Potter family corporation       Council to extend sewer
                                                             under contractual obligations
      130 – 160 Ferris       Melton Shire Council            Extension of sewer will add
      Road                                                   value to this land parcel
      162 – 180 Ferris       Sale to Valecave Pty Ltd        Council to extend sewer
      Road                   (Economix)                      under contractual obligations
      182 Ferris Road        Melton           Property       Council is under no obligation
                             Developments      formerly      to extend sewer. Owner will
                             owned by SMI Australia Pty      obtain benefit from extension.
                             Ltd.

     Council wrote to the former owner of 182 Ferris Road on 24 December 2004,
     outlining Council‟s position and requesting confirmation of a fair and equitable
     reimbursement of the portion of sewer to be constructed adjacent to 182 Ferris Road.

     As noted in Table 1 above, the property is now owned by Melton Property
     Developments who have now been informed of a desire to recoup costs in relation to
     the sewerage works.

2.   Community Planning Reference and Policy Reference
     Council „s Community Plan identifies a commitment to economic development and
     specifically jobs growth.      In addition, Council‟s Economic Development Plan
     highlights a strategy of further development for the Toolern Industrial Park.

3.   Financial Considerations
     The total estimated cost of the works is $308,891. The calculation for apportioning
     costs of these works has been based on a pro-rata estimate per metre per section of
     relevant sewer. As an example the section of sewer to be constructed to the
     boundary of the property at 182 –190 Ferris Road comprises a distance of 273.6
     metres. As five properties benefit from this section of sewer 20% of the cost of this
     section is apportioned to each property.

     The formula used is further illustrated in Table 2 below: Each property is levied on
     the incremental charge relevant to the section leading to the expected discharge
     point of sewer for that property.

     TABLE 2 - FORMULA FOR ESTIMATED COSTINGS – Proposed Special Charge

                   Cost    Incremental     Total Cost    Cost    Incremental    Proposed
       Property
                   per     Distance of      Section      Share    Cost Share     Charge



                                                                                 Page 180
ORDINARY MEETING                                                            27 JUNE 2005

                    Metre    Property                    Ratio
     182-190       406.43 273.6          $111,199.20 20%          $22,239.85     $22,239.85
     Ferris Road
     41-53 Abey    406.43 68.4            $27,799.81 25%           $6,949.95     $29,189.80
     Road
     27-39 Abey    406.43 136.8           $55,599.62 33%          $18,347.88     $47,537.68
     Road
     162-180       406.43 136.8           $55,599.62 50%          $27,799.81     $75,337.49
     Ferris Road
     130-160       406.43 144.4           $58,688.49 100%         $58,688.49 $134.026.00
     Ferris Road

     It should be noted that the project will be tendered under an official tender process
     and submitted to open market forces. The final project costs therefore may be higher
     or lower than estimated and the special charge will be calculated accordingly based
     on the formula above.

     The charge, if declared by Council will in effect be levied only on the property at 182-
     190 Ferris Road. The proposed charge over this property will be levied over a period
     of 10 years and will be included in normal rates instalments. Should the property be
     sold during this time, then the full amount of the charge will be collected as a charge
     over the property.

4.   Consultation/Public Submissions
     Council‟s proposed declaration of this charge will provide the affected property
     owners with the opportunity to make submissions under Section 223 of the Local
     Government Act. It is proposed that Council will consider any submissions received
     via a committee comprising the Mayor, Council‟s Chief Executive and General
     Manager, Planning and Development.

5.   Issues
     The timeframe for proposing the declaration of a charge and its implementation can
     become extended if submissions are received. The submission process as outlined
     in the Local Government Act 1989 allows for submissions to be considered by
     Council prior to any declaration being made. As well, owners and occupiers of
     property affected by the Special Charge may then appeal Council‟s decision to the
     Victorian Civil and Administrative Tribunal (VCAT).

6.   Options
     Council has the option to resolve to declare or not declare the proposed Special
     Charge. Should it decide to propose this charge, Council is bound by the Local
     Government Act, to notify affected ratepayers and occupiers of this intention and
     must invite submissions to the proposed charge. Submissions must then be
     considered before Council can proceed with the Special Charge.

7.   Conclusion
     The proposed special charge if declared will recoup approximately $22,239.85
     towards the construction of sewer at the Toolern Industrial Park. As the subject land

                                                                                   Page 181
ORDINARY MEETING                                                      27 JUNE 2005

   parcel concerned will benefit from the project through additional value as a fully
   serviced industrial lot, it is considered fair and reasonable that this charge be
   declared.




                                                                           Page 182
ORDINARY MEETING                                                       27 JUNE 2005


Procedural Motion:

Crs Stock/Rowan. That Officers‟ Report item 32 to 35 inclusive be deferred for
consideration after agenda item 14 “Urgent Business”.
                                                                    CARRIED


9.    REPORTS OF COMMITTEES
      Nil


10.   REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO
      OTHER BODIES
      Verbal reports were received from Crs Stock, Cr Cugliari, Cr Rowan, Cr Warren and
      Cr Ramsey and written reports where received are attached.


11.   NOTICES OF MOTION
      Nil


12.   COUNCILLORS’ QUESTIONS WITHOUT NOTICE
      Cr Rowan – How to control dust and speed on rural roads throughout the
      Municipality.


13.   MOTIONS WITHOUT NOTICE
      Nil


14.   URGENT BUSINESS
      Nil




                                                                             Page 183
ORDINARY MEETING                                                           27 JUNE 2005

15.   CONFIDENTIAL BUSINESS
      Procedural Motion:

      Crs Stock/Cugliari. That pursuant to Section 89(2) of the Local Government Act the
      meeting be closed to the public to consider Officer Reports Numbers 32 to 35
      inclusive, as they relate to sale of land, youth facilities, extension of lease and a
      tender contract.
                                                                                  CARRIED


      The Mayor on behalf of the Council wished to have it recorded their sincere
      appreciation of the efforts of Ms Emma Healey, General Manager Community
      Services during her time of employment at Melton Shire Council.




                                                                                 Page 184
          FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTIONUNE 2005
ORDINARY MEETING                                        27 J

(
    ITEM NO 32                                           FILE NO: 80/30/500/4
                                                         Chris Guthrie /



                 SALE OF LAND 17-31 FERRIS ROAD, MELTON

This report is brought into existence for the purpose of submission for consideration at a
closed meeting of Council in accordance with Section 89(2) of the Local Government Act
1989.




    ITEM NO 33                                           FILE NO: 70/60/1
                                                         Tony Ball / mm



                      MELTON TOWNSHIP YOUTH FACILITY

This report is brought into existence for the purpose of submission for consideration at a
closed meeting of Council in accordance with Section 89 (2) of the Local Government Act
1989.




    ITEM NO 34                                           FILE NO: 2080/410-14
                                                         Peter Bean / pb



               EXTENSION OF MELTON COUNTRY CLUB LEASE

This report is brought into existence for the purpose of submission for consideration at a
closed meeting of Council in accordance with Section 89(2) of the Local Government Act
1989.




    ITEM NO 35                                           FILE NO: 10/45/05/029
                                                         A Walton / aw



                 NEWSPAPER TENDER CONTRACT NO 05/029

This report is brought into existence for the purpose of submission for consideration at a
closed meeting of Council in accordance with Section 89 (2) of the Local Government Act
1989.



                                                                                Page 185
ORDINARY MEETING                                                                    27 JUNE 2005


Procedural Motion:

Crs Stock/Rowan. That the meeting be opened to the public.
                                                                                        CARRIED




16.      CLOSE OF BUSINESS
         The meeting closed at 9.55pm




Confirmed.
Dated this 25 day of July 2005




..................................................................... CHAIRPERSON




                                                                                        Page 186

				
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