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      MINUTES
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       MONDAY
24   SEPTEMBER   2012
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ORDINARY COUNCIL MINUTES                                                                                  24 SEPTEMBER 2012


                                            TABLE OF CONTENTS

ITEM                                                            SUBJECT                                                      PAGE NO


1       DECLARATION .................................................................................................. 1
2       APOLOGIES AND LEAVE OF ABSENCE ......................................................... 1
3       DECLARATION OF INTERESTS ....................................................................... 1
4       CONFIRMATION AND SIGNING OF MINUTES NOT PREVIOUSLY
        CONFIRMED ...................................................................................................... 2




                                                                                              ED
5       PETITIONS AND JOINT LETTERS .................................................................... 2
6       QUESTION TIME ................................................................................................ 2
6.1     TOOTLE STREET KILMORE – B. MAWHINNEY .........................................................................2




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7       COMMUNITY AND RECREATION ..................................................................... 3
7.1     NIL REPORTS ...............................................................................................................................3
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8       CORPORATE SERVICES .................................................................................. 4
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8.1     COMPLETION OF ROAD EXCHANGE - 2510 SEYMOUR PYALONG ROAD, PYALONG.........4
                              N

9       ENGINEERING & INFRASTRUCTURE ............................................................. 7
9.1     FREE TIPPING VOUCHERS .........................................................................................................7
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9.2     MITCHELL SHIRE COUNCIL LITTER BIN COLLECTION REVIEW 2012 .................................10
9.3     MAJOR TOWNSHIP CHRISTMAS DECORATIONS ..................................................................16
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10      EXECUTIVE SERVICES & GOVERNANCE..................................................... 21
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10.1 ASSEMBLY OF COUNCILLORS .................................................................................................21
10.2 CORRESPONDENCE RECEIVED FROM OR SENT TO GOVERNMENT MINISTERS OR
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     MEMBERS OF PARLIAMENT – AUGUST 2012 .........................................................................23
10.3 MAYORAL QUARTERLY REPORT – PERIOD 1 JUNE TO 31 AUGUST 2012 .........................25


11      SUSTAINABLE DEVELOPMENT .................................................................... 27
11.1 PLANNING PERMIT APPLICATION NO. P306921/12, 118 LOT STAGED SUBDIVISION - NO.
     51 TOOTLE STREET, KILMORE ................................................................................................27
11.2 PLANNING PERMIT APPLICATION NO. P306874/11 - USE AND DEVELOPMENT OF THE
     LAND FOR A DWELLING AT NO. 520 WEST ROAD, PYALONG .............................................50
11.3 PLANNING PERMIT APPLICATION NO. P306974/12 - USE AND DEVELOPMENT OF THE
     LAND FOR A DWELLING - NO. 492 BOUNDARY ROAD WILLOWMAVIN ...............................62




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ORDINARY COUNCIL MINUTES                                                                                24 SEPTEMBER 2012


12      NOTICE OF MOTION ....................................................................................... 75
12.1 NOTICE OF MOTION NUMBER 757 – DOGS OFF LEADS .......................................................75
12.2 NOTICE OF MOTION NUMBER 758 – PEDESTRIAN SAFETY WALLAN PRIMARY SCHOOL76


13      DELEGATES REPORTS .................................................................................. 77
13.1 NIL REPORTS .............................................................................................................................77


14      GENERAL BUSINESS ..................................................................................... 78




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15      CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC ............................ 78
15.1 CONFIRMATION AND SIGNING OF MINUTES NOT PREVIOUSLY CONFIRMED..................78
15.2 DELEGATE REPORT - AUDIT COMMITTEE OVERVIEW AND UPDATE ................................78
15.3 CONTRACT AWARD CT121507 – PROVISION OF STREET CLEANING SERVICES .............78




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15.4 CONTRACT AWARD CT121227 – CIVIL ROAD CONSTRUCTION ..........................................78
15.5 CONTRACT AWARD CT121225 (PART A AND PART B) – DESIGN AND CONSTRUCTION
     OF SKATE FACILITIES AT BROADFORD AND WANDONG.....................................................78
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15.6 CONTRACT AWARD 1302/0905 – SUPPLY AND DELIVERY OF ONE (1) 4WD FRONT END
     LOADER BACKHOE ....................................................................................................................78
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15.7 CONTRACT AWARD - 1307/0905 - SUPPLY AND DELIVERY OF THREE (3) TOWED
     COMBINATION TYPE ROLLER ..................................................................................................78
15.8 CONTRACT AWARD CT121413 – SEALED ROAD PAVEMENT REHABILITATION ...............78
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15.9 EXTENSION OF CT1411/0317 – SPRAY SEAL AND LINE MARKING CONTRACT ................78
15.10 RE-OPENING OF MEETING TO MEMBERS OF THE PUBLIC .................................................78
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16      DATE OF NEXT MEETING............................................................................... 79
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17      CLOSURE OF MEETING ................................................................................. 79
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                                                                   Page ii
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012


               MINUTES OF THE ORDINARY MEETING OF THE
           MITCHELL SHIRE COUNCIL HELD AT THE CIVIC CENTRE
                           113 HIGH STREET
                           BROADFORD ON
                     MONDAY 24 SEPTEMBER 2012
                        COMMENCING AT 7.01PM


COUNCILLORS PRESENT:
Cr. S. Marstaeller (Chairperson)
Cr. T. Tobias
Cr. K. Mulroney
Cr. G. Coppel
Cr. W. Melbourne




                                                      ED
Cr. R. Parker
Cr. D. Callaghan
Cr. R. Lee
Cr. K. Stewart




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COUNCIL OFFICERS PRESENT:
Ms Rebecca McKenzie  Chief Executive Officer
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Ms Kerrie Birtwistle Director Sustainable Development
Mr Jeff Saker        Director Engineering & Infrastructure
Mr Dwight Graham     Director Corporate Services
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Mr Travis Heeney     Director Community & Recreation (Acting)
Mr Julian Edwards    Manager Statutory Planning & Building
Mr Lee McSweeney     Governance Coordinator
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Ms Jannice Foo       Governance Officer
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1      DECLARATION
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The declaration was read by Cr S. Marstaeller.
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2      APOLOGIES AND LEAVE OF ABSENCE
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3      DECLARATION OF INTERESTS
Under the Local Government Act 1989, the classification of the type of interest
giving rise to a conflict is a direct interest specified under Section 77B or an indirect
interest specified under Section 78, 78A, 78B, 78C, 78D or 78E of the Local
Government Act 1989 which sets out the requirements of a Councillor or member
of a Special Committee to disclose any conflicts of interest that they may have in a
matter which is to be considered or discussed at a meeting of the Council or
Committee.

NIL



                                         Page 1
ORDINARY COUNCIL MINUTES                                  24 SEPTEMBER 2012


4     CONFIRMATION AND SIGNING                       OF      MINUTES        NOT
      PREVIOUSLY CONFIRMED

MOVED:              CR. G. COPPEL
SECONDED:           CR. K. MULRONEY
THAT: The minutes of the Ordinary meeting of Council held on 10 September
2012, as circulated be confirmed.

                                                                        CARRIED
                                                                             9/0




                                                  ED
5     PETITIONS AND JOINT LETTERS
In accordance with Clause 66 of Local Law No. 4 – Meeting Procedures.

NIL


6     QUESTION TIME

                                             M
                              R
In accordance with Clause 65 of Local Law No. 4 – Meeting Procedures.
                            FI
6.1   TOOTLE STREET KILMORE – B. MAWHINNEY
                     N

      At the council meeting on May 14 2012 I asked a question relating to the
      alignment of Tootle Street, Kilmore with Centenary Drive, Kilmore in
      conjunction with the development at 51 Tootle Street, Kilmore. The
        O


      development is featured as Item 11.1 of tonight’s agenda.
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      The question I would like to ask is:

      “Why has council not planned for the direct link between Centenary Drive
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      and Tootle Street instead of funnelling traffic from Mannagum Estate into
      this small development and out onto Tootle Street through narrow streets?”
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      Council responds as follows:

      The Kilmore Traffic Study 2010 identified the necessity for a link between
      Centenary Drive and Tootle Street but was not prescriptive in its alignment.

      The plans submitted by the applicant provide for a link and the final
      alignment of this link is subject to a report being considered by Council at
      tonight’s meeting.




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ORDINARY COUNCIL MINUTES            24 SEPTEMBER 2012


7     COMMUNITY AND RECREATION
7.1   NIL REPORTS




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                           Page 3
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012


8      CORPORATE SERVICES
8.1    COMPLETION OF ROAD EXCHANGE - 2510 SEYMOUR PYALONG
       ROAD, PYALONG
Author:          Teresa Fleming, Property Officer
File No:         112962
Attachment:      Nil
Reference:       Item 8.4 – 19 August, 1991
                 Item 8.5 – 20 January, 1998




                                                      ED
Summary
This report recommends that Council sign and seal an Application to Amend the
Register in accordance with Section 207E of the Local Government Act 1989 to
facilitate the road exchange previously approved by Council.




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Background
Council approved a road exchange of a government road at its meeting on
                                R
19 August, 1997 and the commenced the required statutory procedures. There
were no submissions received relating to the application. The Minister approved
the deviation of the road on the 10 October, 1997. Publication giving effect of the
                              FI
road exchange/closure was published in the Government Gazette (G 43 ~ page
2949) on the 30 October, 1997.
                       N

Council later approved an amended road exchange plan at its meeting on
20 January, 1998 after it was identified that a small additional area was also to be
included in the exchange and authorised the required publication in the
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Government Gazette.         Publication giving effect of the amended road
exchange/closure was published in the Government Gazette (G 5 ~ page 286) on
the 5 February, 1998.
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A locality plan of the site is provided for the information of the Councillors.

                                         Page 4
ORDINARY COUNCIL MINUTES                                         24 SEPTEMBER 2012
COMPLETION OF ROAD EXCHANGE - 2510 SEYMOUR PYALONG ROAD, PYALONG (CONT’D)

Policy Implications
The outcome of this report is in accordance with the 2009/2012 Council Plan 2012
update strategic objective “to create a sustainable financial future for Mitchell Shire
Council” and more specifically, with the purpose of the Strategic Resource Plan to
“provide an assessment of the resources (financial and non-financial) required to
accomplish the objectives and strategies included in the Council Plan”.

Issues
Council has been contacted by a Solicitor acting on behalf of the Estate of the
owner advising the original 1998 Application to effect the road exchange and
subdivision was rejected by the Titles Office. Further enquires of the Surveyor who
acted for the Estate at the time has ascertained anomalies in the survey
computations and a failure of the subdivision to achieve compliance were the




                                                       ED
reasons for the Titles Office rejection.

The Estate is desirous of completing the road exchange as a prerequisite of
rejuvenating the subdivision. However, a fresh Application to Amend must be




                                               M
prepared in order to facilitate the road exchange.

Discussions held with the Department of Sustainability and Environment confirms
                                R
that because of approval by the Minister and subsequent Gazettal, no further
approvals are required from their office.
                              FI
The matter was referred to the Manager Engineering Services for consideration
and advises there is no objection to the road exchange proceeding.
                       N

Although Council signed a previous Application on 11 March, 1998, the Council
resolution of 20 January, 1998 does not clearly authorise the signing of the
Application.
          O


Financial, Resource and Asset Management Implications
         C



There are no Financial, Resource or Asset Management implications.

All costs associated with the registration of the Application are to be borne by the
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property owner.
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Environment and Sustainability Implications
There are no Environment and Sustainability Implications.

Consultative Procedures
Internal consultation has occurred with the Department of Sustainability and
Environment and Council’s Manager Engineering Services.

Conclusion
It is therefore recommended that the Application to Amend the Register in
accordance with Section 207E of the Local Government Act 1989 to facilitate the
road exchange previously be signed.



                                          Page 5
ORDINARY COUNCIL MINUTES                                         24 SEPTEMBER 2012
COMPLETION OF ROAD EXCHANGE - 2510 SEYMOUR PYALONG ROAD, PYALONG (CONT’D)



RECOMMENDATION

THAT: Council authorises the signing of the Application to Amend the Register in
accordance with Section 207E of the Local Government Act 1989 as required to
complete the road exchange.


MOVED:                CR. G. COPPEL
SECONDED:             CR. T. TOBIAS
THAT: the recommendation be adopted.
                                                                            CARRIED




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ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012


9     ENGINEERING & INFRASTRUCTURE
9.1   FREE TIPPING VOUCHERS

Authors:        John Smyth, Waste Management Coordinator
File No:        WM/02/005
Attachment:     Mitchell Shire Council Ratepayer’s Tipping Vouchers


Summary
Council has an ongoing commitment to provide ratepayers with two tipping
vouchers free of charge with each ratepayer household receiving one car boot load




                                                    ED
voucher and one trailer load voucher per annum. The vouchers are distributed
with the annual rates notice and currently valid until 30 June of the financial year
they are issued. Vouchers can be used at any of Mitchell Shire’s Transfer
Stations.




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This report recommends that the expiry date of the 2012/2013 vouchers be
extended to 30 September 2013 to enable a full year’s use. Future vouchers will
commence from 1 October with the expiry date nominated as 30 September of the
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relevant year, providing 12 months of coverage.

Background
                            FI
Council provides each ratepayer household with two tipping vouchers free of
charge with each ratepayer household receiving one car boot load voucher (value
                      N

$13.00) and one trailer load voucher (value $25.00). The combined value of these
vouchers is $38.00.
          O


This financial year’s vouchers are valid until 30 June 2013.

These vouchers are issued with the annual rates notice which this year was issued
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on 31 August 2012. The date of issue has raised concerns from the community
that the available time to utilise these vouchers is reduced from 12 months to 9
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months.

In 2011/2012, there was a 28% utilisation of these vouchers. This is anticipated to
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increase to approximately 35% in 2012/2013.

Policy Implications
This report reflects the provision as set out in the Council Plan 2009 to 2013 to
“Develop and maintain waste management services in conjunction with the
Regional Waste Management Group.”

Issues
Due to the timing of issuing rates notices to the ratepayers which has historically
been in August, there is concern that these vouchers are only available for a 9
month period and not the full 12 months of the financial year.



                                       Page 7
ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012
FREE TIPPING VOUCHERS (CONT’D)

To address this concern, it is recommended that the expiry date of the 2012/2013
Tipping Vouchers be extended to 30 September 2013 and that the expiry dates of
future free Tipping Vouchers be amended to 30 September of subsequent years.

Financial Resource and Asset Management Implications
The cost to Council in 2012/2013 of providing 17,265 sets of tip vouchers is
potentially $656,070. If a 35% utilisation rate is experienced during 2012/2013, the
cost to Council will be approximately $229,625.
Based on these assumptions, the financial impact to Council of extending the
2012/2013 vouchers is estimated at $45,925. This impact can be met from within
the approved 2012/2013 Waste Management Budget resulting in a reduction in the
Waste Management Reserve.




                                                     ED
The provision of free tipping vouchers will potentially result in a reduction of illegal
dumping of litter within the Shire, reducing Council expenditure associated with
removing and correct disposal of this litter.

Environment and Sustainability Implications




                                             M
Increased vehicle movements may result in an increased carbon footprint for this
program.                           R
Provision of the free tipping vouchers will also reduce the amount of illegal
dumping therefore reducing the amount of litter potentially entering our waterways.
                                 FI
Consultative Procedures
Council will prepare a media release advising the community of the change in
                        N

dates for the annual free Tipping Vouchers.

Conclusion
         O


It is recommended that Council extend the expiry date of the 2012/2013 Tipping
Vouchers to 30 September 2013 and that future vouchers will commence on the 1
        C



October and expiry date will be 30 September ensuring that a full 12 months will be
available.
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                                        Page 8
ORDINARY COUNCIL MINUTES                                  24 SEPTEMBER 2012
FREE TIPPING VOUCHERS (CONT’D)



RECOMMENDATION

THAT COUNCIL:

1.    Extend the expiry date for the 2012/2013 free Tipping Vouchers to 30
      September 2013;

2.    Amend the expiry date of free Tipping Vouchers in subsequent years to
      commence on 1 October and expire on 30 September annually; and

3.    Prepare a media release advising the community of this change in the expiry
      dates of all free Tipping Vouchers.




                                                  ED
MOVED:                CR. T. TOBIAS
SECONDED:             CR. W. MELBOURNE
THAT: the recommendation be adopted.




                                          M
                                                                       CARRIED
                                                                            9/0
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                                      Page 9
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012


9.2   MITCHELL SHIRE COUNCIL LITTER BIN COLLECTION REVIEW 2012

Author:         Scott Gilchrist, Manager Parks & Community Greening
File No:        WM/01/001
Attachment:     Mitchell Shire Council Draft Litter Bin Collection Review,
                May 2012
Reference:      Nil


Summary
This report refers to the recent Mitchell Shire Council Litter Bin Collection Review,




                                                     ED
May 2012 and recommends that Council adopt twelve (12) of the thirteen (13)
recommendations as contained in the Mitchell Shire Council Litter Bin Collection
Review, May 2012.

It also recommends that in regards to recommendation 4 contained within the




                                             M
review, that Council Officers continue to work with Committees of Management
and sporting clubs to phase in a user pays system for the collection of litter
generated by sporting events and with the development of waste management
                                R
plans as part of their future lease arrangements.
                              FI
Background
The existing Mitchell Shire Council (MSC) litter bin collection program has resulted
from an amalgamation of the previous Shire’s practices which have not been
                N

reviewed for a number of years.

The Parks unit operating out of the Wallan Operations Depot currently collects 245
               O


litter bins across Mitchell Shire on a varying frequency from once a day to once a
week. The total cost of this service to Council is approximately $150,000 per
annum.
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Following an internal review of the service, several concerns were identified in
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regard to inconsistencies of service standards across the Shire.

In order to assist Council in achieving some consistency in applying a uniform
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policy across the Shire, Wastemin Pty Ltd was engaged to review the service and
produce the Mitchell Shire Council Draft Litter Bin Collection Review, May 2012
containing recommendations for Council consideration.            There are 13
recommendations contained in the report.

On 25 June 2012, Council resolved to place the Draft Mitchell Shire Council Litter
Bin Collection Review, May 2012 on public exhibition for a period of four weeks
between 30 July 2012 and 24 August 2012.

As a result of this consultation period, three (3) submissions were received and
have been considered during the preparation of this report.



                                      Page 10
ORDINARY COUNCIL MINUTES                                            24 SEPTEMBER 2012
MITCHELL SHIRE COUNCIL LITTER BIN COLLECTION REVIEW 2012 (CONT’D)

Policy Implications
This report is consistent with the strategic intent of Council’s 2009-2013 Council
Plan to “Implement expanded program on community consultation and education
for waste management” and is in accordance with the major initiatives contained in
the Mitchell Shire Council Waste Management Strategy 2010 – 2015.

Issues
As a result of the consultation period and feedback received, this report suggests
Council endorse and adopt the recommendations as outlined in the following order
within the review:

Bin Standards




                                                           ED
Council adopts the recommendation regarding the number and type of litter bins to
be installed across the Shire.

Private shopping centres / private land




                                                  M
Council continue the collection service “as is” in the public realm and discontinues
Council collection from privately managed car parks and car wash facilities and
                                   R
removes the bins from these areas as of 1 November 2012.

Sporting club collections
                                 FI
There are inconsistencies with the collection of rubbish from sporting clubs. Six (6)
clubs currently receive a free collection from Council while others engage private
                         N

collection at the club’s expense. Unfortunately, neither Council nor most private
operators are currently providing a recycling service to the clubs.
          O


The desired outcome is for all clubs to be treated equally across the Shire.

This report recommends that Council differentiate between a waste collection
         C



service provided to sporting clubs and a litter bin collection service provided at the
facility where independent recreational facilities are provided for the use of the
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general public. Therefore, in accordance with recommendation 8 of the review,
Council will provide “at least one paired garbage and recycled bin enclosure”
where a barbecue and playground exist” at a sporting reserve.
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In addition, it is recommended that Council provide and service five (5) fixed litter
bins (enclosure type) at all sporting grounds to cater for general public use during
the week.

Regarding Recommendation 4 of the Review and in consideration of feedback
received from three of the Recreation Reserve Committee’s of Management, it is a
recommendation of this report that Council continue to work with the Committee’s
of Management and sporting clubs that currently receive this service free of charge
advising them that a user pay charge is to be implemented and that this will be
phased in following a 12 month period.




                                            Page 11
ORDINARY COUNCIL MINUTES                                            24 SEPTEMBER 2012
MITCHELL SHIRE COUNCIL LITTER BIN COLLECTION REVIEW 2012 (CONT’D)

This will allow sufficient time for an agreed charge to be finalised and included in
the 2013/2014 budget process. Council Officers will also work with the Club’s to
conduct a recycling trial and to prepare a waste management plan as part of future
lease requirements.

Swimming pools and leisure centres

Council adopts the recommendation and continues to provide this service to all
MSC owned and managed facilities and continues to trial recycling at Kilmore
Leisure Centre (KLC). Subject to the success of the trial at KLC, recycling should
then be provided at all MSC owned leisure facilities.

Council reserves




                                                           ED
Council adopts the following recommendations of the review:

   •   Reserves with barbeque facilities should have at least one paired garbage
       and recycling bin in enclosures.




                                                  M
   •   Reserves with playground facilities (and no barbeques) should have at least
       one garbage bin in enclosure.
   •   Other minor reserves and walking tracks to have garbage bins on a stand.
                                   R
A sum of $15,000 has been allocated in the 2012/2013 budget for the funding of
ten (10) new cages, which are to be installed in reserves across the Shire.
                                 FI
Cemeteries
                         N

Council adopts the recommendation and continues to provide this service at no
cost to the Cemetery Trust.
         O


Community markets and other community events
        C



The current practice is that Council provides bins for small community events and
large commercial events.
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Council should endorse the recommendation within the Review and provide the
first five (5) bins free of charge to not-for-profit / community events for garbage and
recycling and if more than 5 bins are required, it is subject to the user pays system.
U




Managers of larger events and commercial events will be advised of the
requirement to develop and submit a waste management plan for Council
approval. Council Offers will provide support in the preparation of these plans.

During the review, the issue of litter collection at Council owned Public Halls and
Community Centres was raised. In accordance with Recommendations 1 and 2 of
the Review, Council will consult with the Committee’s of Management of these
facilities to provide a litter collection and recycling service at each of these facilities.
Based on the type of use of these facilities, a user fee charge may be applicable.




                                            Page 12
ORDINARY COUNCIL MINUTES                                            24 SEPTEMBER 2012
MITCHELL SHIRE COUNCIL LITTER BIN COLLECTION REVIEW 2012 (CONT’D)

Financial and Resource Implications
The increase in cost for Council to implement the recommendations as outlined
above are estimated as follows:
1.    The cost to Council for an increased litter service in the sporting precincts is
      approximately $4,500 per annum based. In the event that any additional
      collections are requested (due to finals etc), a fee yet to be determined is to
      be passed onto the user groups;
2.    The savings to Council associated with ceasing litter collection from private
      shopping centres and businesses including car wash facilities is estimated at
      $4,500 per annum; and
3.    Future savings associated with a user pays system being implemented for
      Sporting Clubs is estimated at between $2000 - $3000 per annum. This will




                                                           ED
      be factored into future budget considerations.

Consultative Procedures
In accordance with Council’s resolution, the Draft Mitchell Shire Council Litter Bin




                                                  M
Collection Review, May 2012 was placed on exhibition for public consultation for a
period of four weeks from between 30 July 2012 and 24 August 2012 via the
following:
•
                                   R
      Advertisements in the local newspapers;
•     Advertisements on the Council website;
                                 FI
•     Notification of all relevant stakeholders; and
•     Hard copies being available in Council Libraries.
                         N

As a result of the consultation, feedback was received from the following three (3)
stakeholders:
         O


1.    Harley Hammond Reserve Association Inc;
2.    Kings Park Reserve Inc;
3.    Pyalong Recreation Reserve Inc.
        C



The feedback received is in response to the recommendation to introduce a user
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pays charge for the collection of litter from sporting reserves and for the
development of a waste management plan. The feedback is summarised as
follows:
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a)    Most of the sports reserves host senior and junior sports competitions as well
      as some being used through community activities including fitness groups
      and general community use and private functions during holidays and
      weekends. As there are so many users residing within the facilities, the
      breakdown of cost to each user would be problematic. This concern will be
      addressed with Committees of Management and Sporting Clubs during the
      proposed “phase in” stage of a user pays system;




                                            Page 13
ORDINARY COUNCIL MINUTES                                            24 SEPTEMBER 2012
MITCHELL SHIRE COUNCIL LITTER BIN COLLECTION REVIEW 2012 (CONT’D)

b)    The issue of an extra administrative burden on Sporting Clubs being required
      to produce a “waste management plan” was also raised. These are
      volunteer organisations providing a structured outlet for in excess of 110
      young people for each Football, Netball, Cricket and Little Athletics events.
      This concern may be alleviated by Mitchell Shire Council providing advice to
      these Committees of Management and Sporting Clubs in the preparation of
      their “Waste Management Plan”. We should continue to strive to ensure
      these organisations are viable and minimise the cost burden associated with
      developing such a plan.

Conclusion
Based on the consultation process carried out, it is recommended that Council
implement the recommendations of the Mitchell Shire Council Draft Litter Bin




                                                           ED
Collection Review, May 2012 and adopt recommendations 1, 2, 5, 6, 7, 8, 9, 10,
11, 12 and 13 as they read, delete recommendation 3 and resolve to phase in
recommendation 4 as contained within the review in 2013/2014.




                                                  M
RECOMMENDATION

THAT:
1.
                                   R
      Council implement the recommendations of the Mitchell Shire Council Draft
      Litter Bin Collection Review, May 2012 and adopt Recommendations 1, 2, 5,
                                 FI
      6, 7, 8, 9, 10, 11, 12 and 13 as they read in the Mitchell Shire Council Draft
      Litter Bin Collection Review, May 2012;
                         N

2.    Council resolve to remove recommendation 3 as contained in the review from
      the Mitchell Shire Council Draft Litter Bin Collection Review, May 2012 as it
      is a repeat of recommendation 2;
         O


3.    In accordance with Dot point 2 of this Council Recommendation, Council
      develop a user pays fee for the removal of litter from private land and sporting
        C



      clubs for consideration in the 2013/2014 budget process;

4.    Council resolve to phase in recommendation 4 as contained within the
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      Mitchell Shire Council Draft Litter Bin Collection Review, May 2012 following
      the 2012/2013 financial year and in accordance with agreed fees;
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5.    Council Officers continue to consult with all user groups during the
      implementation of the Mitchell Shire Council Draft Litter Bin Collection
      Review, May 2012;

6.    Future proposals for private retail / business development within Mitchell
      Shire Council, contain a permit condition regarding the collection and disposal
      of refuse generated by that to be at the cost of the owner/provider; and

7.    The Mitchell Shire Council Draft Litter Bin Collection Review, May 2012 be
      amended as per these recommendations, it be adopted, implemented and
      reviewed in 2014.



                                            Page 14
ORDINARY COUNCIL MINUTES                                            24 SEPTEMBER 2012
MITCHELL SHIRE COUNCIL LITTER BIN COLLECTION REVIEW 2012 (CONT’D)




MOVED:                 CR. T. TOBIAS
SECONDED:              CR. K. STEWART
THAT: the recommendation be adopted.
                                                                             CARRIED
                                                                                  9/0




                                                           ED
                                                  M
                                   R
                                 FI
                         N
         O
        C
 N
U




                                            Page 15
ORDINARY COUNCIL MINUTES                                   24 SEPTEMBER 2012


9.3    MAJOR TOWNSHIP CHRISTMAS DECORATIONS

Authors:        Jeff Saker, Director Engineering & Infrastructure
                Chris Adams – Manager Engineering Services
File No:        ST/01/002
Reference:      CM12/30



Summary
At its meeting on 23 January 2012, Council resolved that “Council officers prepare
a report advising on indicative costs and options to provide or install Christmas




                                                  ED
decorations in the main street of our five major towns:

•     Station Street, Seymour;
•     High Street, Broadford;
•     High Street, Wallan;




                                           M
•     Epping-Kilmore Road, Wandong; and
•     Sydney Road, Kilmore.   R
A report was presented to Council for consideration at its Ordinary Meeting on 27
August 2012. This report was subsequently deferred to enable officers to further
                            FI
investigate options and present this to a subsequent strategy session.

The report below details the findings of the subsequent investigation and
                     N

discussions, which was conducted in response to this resolution. It recommends
that Council refer a nominal budget allocation of $15,000 for the hire of Christmas
decorations for the 2012 festive season. Additionally it is recommended that the
         O


issue of future funding is referred to the 2013/2014 budget process for
consideration.
        C



Background
Council has traditionally funded the provision of Christmas decorations in its key
 N




towns.
U




The responsibility associated with the installation of decorations has changed
several times throughout recent years. Arrangements in the past have included:

1.    Allocation for Christmas activities through the Community Grants Program.
2.    Local Chambers of Commerce from selected towns being provided with a
      grant to install Christmas decorations.
3.    Council itself managing the process of erecting and removing Christmas
      decorations.

The Kilmore Chamber of Commerce currently has approximately 20 banners which
they have previously attached to “every second” Council owned street light along
both sides of Sydney Street, Kilmore. Subject to the condition of these banners,
the option to continue this practice will be pursued.


                                     Page 83
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
MAJOR TOWNSHIP CHRISTMAS DECORATIONS (CONT’D)

The former Seymour Chamber of Commerce Christmas Decorations Committee
had previously erected Christmas decorations within Seymour. Unfortunately,
these decorations have been given away or disposed of and are no longer
available.

The quality of the delivery of the Christmas decorations, regardless of the method
of funding identified above, has attracted significant criticism from the community.

Policy Implications
This report reflects the provision as set out in the Council Plan 2009 to 2013 to
“Plan and promote artistic, historical and cultural activities, services and facilities
throughout the region.”




                                                     ED
Issues
The following issues require consideration to ensure a consistent co-ordination role
with the provision and implementation of Christmas decorations across the Shire.




                                                M
There is also a significant risk and liability issue for Council associated with SP
Ausnet and the process to enter into an agreement to receive permission to erect
banners on their poles and agreement with VicRoads to access the poles from
                                R
their road reserves. A major concern and consequence of entering into such an
agreement is that the risk and liability is passed onto Council. The MAV has
discovered several “broad and onerous” clauses in the agreements which
                              FI
contained contractual liabilities for which Local Government Authorities are not
insured. As a result, the MAV has previously advised that each Council consider
the risks associated with this task and therefore other municipalities have decided
                       N

against this model.

The other significant issue is that there has been no financial consideration in the
          O


2012/2013 budget process for this initiative. Additionally, since the drafting and
adoption of the 2012/2013 Budget, Council has been notified that it will be
         C



receiving a significant reduction of $162,841 in its grant funding from the Victorian
Grants Commission for the 2012/2013 financial year.
 N




Chambers of Commerce

Only three Chambers of Commerce are currently active within Mitchell Shire.
U




These groups are:

1.   Seymour Business and Tourism Incorporated;
2.   Kilmore Chamber of Commerce; and
3.   Wallan Chamber of Commerce.

There are no formal business groups located within Wandong, Heathcote Junction
and Broadford.




                                         Page 83
ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012
MAJOR TOWNSHIP CHRISTMAS DECORATIONS (CONT’D)

Community Groups

Whilst several community groups with a specific interest in Christmas decorations
exist, each has differing levels of resourcing and experience to implement
outcomes that would provide a consistent approach in each township.

Decorations on Street Lighting

As has been the practice throughout Australia in the past, Christmas decorations
such as banners, flags and bunting have been affixed to street lighting poles as a
highly visible means of promoting special events including the festive season.

At this present time, Council must seek approval from SP Ausnet to erect or affix




                                                    ED
any items to its property, in this case street lighting poles. To utilise SP Ausnet
property, Council must enter into an Agreement providing specifications and other
details in relation to the nature of the usage, its likely impact on the assets, and
Council’s overall indemnification. A consequence of entering into this type of
agreement is that all risk and liability is passed onto Council while the decorations




                                                M
are attached to the pole.

SP Ausnet is currently redeveloping its application process for installing decorative
                                R
devices on its infrastructure. A new application form is anticipated for release in
September 2012 at which time further information will be made available on the
revised process, the risk implications to Council’s and the likely financial costs
                              FI
associated with utilising SP Ausnet infrastructure.

The feasibility of the option for Kilmore Chamber of Commerce to attach its
                       N

Christmas Decorations on Council owned street poles may be pursued.

At this point in time, the two (2) options recommended for Council consideration
         O


are:
        C



Option A

Council notes the discussion on risk, liabilities and funding for Christmas
 N




decorations for 2012 and as there has been no funding allocated in the 2012/2013
budget, refer funding for future Christmas decorations for consideration in the
2013/2014 budget process.
U




Option B

Council allocate a nominal amount of upto $3,000 per major town ($15,000 total)
and work with a Council nominated group in each of the five major towns to install
Christmas trees at an agreed location.

Option B is to hire decorated Christmas trees for the 2012 Christmas season. The
indicative cost for a fully decorated 12 foot tree without lighting to be supplied and
delivered is approximately $2,500 with the period of hire being from October 2012
– January 2013. The hire fee does not include erection or dismantling of the tree
which would take two (2) people approximately 2.5 hours per tree or display.


                                         Page 83
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
MAJOR TOWNSHIP CHRISTMAS DECORATIONS (CONT’D)

This could be completed in conjunction with volunteers from local community
groups or service clubs.

Subject to the condition of the Kilmore Chamber of Commerce’s banners, Council
Officers could negotiate with the Chamber of Commerce to attach a banner to
every second Council owned light pole along Sydney Street, Kilmore.

As the Christmas trees would only be hired for the Christmas period, this option
would allow Council to consider further options for future Christmas periods. The
cost of Option B could be funded from salary savings from funded positions that
have not been filled at this point.

From a risk and financial perspective, this is the recommended option at this time.




                                                    ED
Other Council Opportunities to Recognise the 2012 Festive Season
As part of the distribution of Community grants for 2012/2013, there are eleven
groups that have received a total of $20,950 to provide Christmas related activities
including Christmas Carols, Christmas parties and other Christmas celebrations for




                                                M
2012.

Other opportunities for Mitchell Shire Council to promote and celebrate the Festive
                                R
season include the introduction of a Christmas theme for the month of December
on the key header page (similar to how Google does it) and the inclusion of a list of
                              FI
Christmas events and street trader activities in each town.

Financial Resource and Asset Management Implications
                       N

As previously stated, there has been no funding allocation made for these
decorations in the 2012/2013 budget.
         O


If Council was to support Option B and hire Christmas trees for the 2012 Christmas
season, the costs could be allocated from existing salary savings from funded
        C



positions that have not been filled at the time of writing this report.

Environment and Sustainability Implications
 N




Consistent with Council’s Sustainable Resource Management Strategy, the
purchase and fabrication of new Christmas decorations would give consideration to
U




environmental sustainability factors.

If hired for the 2012 Christmas season, the Christmas trees will be returned to the
provider and utilised in future Christmas seasons.

Consultative Procedures
Officers have consulted with the MAV regarding insurance requirements, risk
issues and other municipalities with regard to their practices.

Council has also received feedback from Community in the 2011/12 that the
standard of Christmas decorations was poor.




                                         Page 83
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
MAJOR TOWNSHIP CHRISTMAS DECORATIONS (CONT’D)

Conclusion
It is recommended that Council hire decorated Christmas trees for the five major
towns and work with a Council nominated group in each of these towns to agree to
a location for the group to erect the tree.


RECOMMENDATION

THAT COUNCIL:

1.   Promote all local Christmas activities scheduled for 2012 on its website;

2.   Allocate a total amount of up to $15,000 ($3000 per major town) for the hire




                                                   ED
     of suitable Christmas trees and work with a Council nominated group in each
     of the five major towns to erect the trees at an agreed location;

3.   Support and work with the Kilmore Chamber of Commerce to discuss the
     feasibility for them to attach their existing decorations to Council owned




                                                M
     infrastructure along Sydney Street, Kilmore; and

4.   Refer funding for future Christmas decorations for consideration in the
     2013/2014 budget process.
                                R
                              FI
MOVED:               CR. R. LEE
SECONDED:            CR. W. MELBOURNE
                       N

THAT: the recommendation be adopted.
         O


AMENDMENT
        C



In accordance with clause 7.6 of Local Law No. 4 – Meeting Procedure.
 N




MOVED:               CR. R. LEE
SECONDED:            CR. W. MELBOURNE
U




THAT: Recommendation No. 3 be amended to:

3.   Support and work with the Kilmore Chamber of Commerce to discuss the
     feasibility for their existing decorations to be attached to Council owned
     infrastructure along Sydney Street, Kilmore; and

                                                                         CARRIED
                                                                              9/0




                                         Page 83
ORDINARY COUNCIL MINUTES                                    24 SEPTEMBER 2012


10      EXECUTIVE SERVICES & GOVERNANCE
10.1    ASSEMBLY OF COUNCILLORS

Author:            Rebecca McKenzie Chief Executive Officer
File No:           CL/04/013-02
Attachment:        Record of Assemblies of Councillors
Reference:         Nil


Summary




                                                  ED
This report provides records of assemblies of Councillors that have occurred since
the last Council meeting.

Background
The Local Government Act 1989 requires assemblies of councillors to form part of




                                           M
the Council minutes.

Policy Implications
                              R
This report is consistent with the Local Government Act 1989.
                            FI
Issues
The records of Assemblies of Councillors since the last Council meeting are:
                      N

•      28 August 2012 – Access and Inclusion Committee
•      10 September 2012 – Informal Councillor Discussion
          O


•      17 September 2012 – Strategy Session
         C



RECOMMENDATION
 N




THAT: Council receive and note the records of the Assembly of Councillors
received since the last Council meeting.
U




MOVED:               CR. T. TOBIAS
SECONDED:            CR. K. MULRONEY
THAT: the recommendation be adopted.




                                      Page 21
ORDINARY COUNCIL MINUTES                                 24 SEPTEMBER 2012
ASSEMBLY OF COUNCILLORS (CONT’D)



AMENDMENT
In accordance with clause 7.6 of Local Law No. 4 – Meeting Procedure.

MOVED:                CR. T. TOBIAS
SECONDED:             CR. K. MULRONEY

THAT: Cr. T. Tobias be added to 17 September 2012 Assembly of Councillors.

                                                                        CARRIED
                                                                             9/0




                                                 ED
                                           M
                                 R
                               FI
                       N
         O
        C
 N
U




                                      Page 83
ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012


10.2   CORRESPONDENCE RECEIVED FROM OR SENT TO GOVERNMENT
       MINISTERS OR MEMBERS OF PARLIAMENT – AUGUST 2012

Author:           Rebecca McKenzie, Chief Executive Officer
File No:          CL/04/001-03
Attachment:       Copies of correspondence
Reference:        Nil


Summary
This report presents correspondence received from or sent to State or Federal




                                                     ED
Government Ministers and Members of Parliament that are considered to be of
interest to Councillors.

Background
Much correspondence is sent to or received from State and Federal Government




                                             M
Ministers and Members of Parliament during the normal course of Council’s
operations on a day to day basis.
                               R
Policy Implications
Reporting on correspondence of interest is consistent with 2009/2013 Council Plan
                             FI
which states “Council will effectively lobby for political and social issues that affect
our communities”.
                        N

Issues
Items of correspondence that officers consider to be of interest to Councillors have
          O


been collated and are attached to this report.

Correspondence relating to Council Resolutions:
         C



Direction     Subject                  Minister     or   Date        Council
                                       Member       of   Rcvd/       Reference
 N




                                       Parliament        Sent
INWARDS       Vocational Education Minister        for   10 August   INW12/11181
              and Training in Victoria Youth Affairs
U




Financial and Resource Implications
There are no financial and resource implications involved in reporting to Council
the advocacy undertaken during the month.




                                        Page 23
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
CORRESPONDENCE RECEIVED FROM AND SENT TO GOVERNMENT MINISTERS (CONT’D)



RECOMMENDATION

THAT: the correspondence received from or sent to Government Ministers or
Members of Parliament for August 2012 be received and noted.


MOVED:               CR. K. STEWART
SECONDED:            CR. G. COPPEL
THAT: the recommendation be adopted.
                                                                         CARRIED
                                                                              9/0




                                                      ED
                                              M
                                R
                              FI
                       N
         O
        C
 N
U




                                        Page 83
ORDINARY COUNCIL MINUTES                                    24 SEPTEMBER 2012


10.3   MAYORAL QUARTERLY REPORT – PERIOD 1 JUNE TO 31 AUGUST
       2012
Author:           Cr Sue Marstaeller
File No:          CL/04/001
Attachment:       Mayors Report No. 3
Reference:        CM12/109
                  CM12/114


Summary




                                                   ED
The Mayor has attended a number of community events over the past quarter and
this report and attachments serve to inform the community of the Mayor’s activities
during the June Quarter.

Background




                                           M
On 31 August 2012 the Mayor commenced preparing a quarterly report to update
the community on the events that she has attended during the quarter.
                              R
Attached to this report is a copy of the events that the Mayor has attended for the
period of 1 June to 31 August 2012.
                            FI
Next Quarter
The fourth quarter will see the appointment of a new Council following the elections
                     N

in October. The caretaker period begins on 25 September 2012 with the
appointment of a new Council early November 2012.
        O


The Mayor looks forward to continuing her involvement in many community events
over the last quarter of her term. Once again the Mayor would like to express her
appreciation to fellow Councillors for their continued support throughout this
       C



quarter.
 N




RECOMMENDATION
U




THAT: the report be received and noted and a copy of the Mayors Report No. 3 be
placed on the Council’s website.


MOVED:              CR. S. MARSTAELLER
SECONDED:           CR. W. MELBOURNE
THAT: the recommendation be adopted.
                                                                         CARRIED
                                                                              9/0




                                      Page 25
ORDINARY COUNCIL MINUTES                             24 SEPTEMBER 2012


SUSPENSION OF STANDING ORDERS
In accordance with Division 14, Clause 85 of Local Law No. 4 – Meeting
Procedures.

MOVED:            CR. K. MULRONEY
SECONDED:         CR. T. TOBIAS

THAT: Standing Orders be suspended to allow for submissions to be heard in
relation to Items 11.1 & 11.2 of the Sustainable Development reports.

                                                                CARRIED
                                                                     9/0




                                               ED
Standing Orders were suspended at 7.17pm.


RESUME STANDING ORDERS
In accordance with Division 14, Clause 85 of Local Law No. 4 – Meeting




                                          M
Procedures.

MOVED:
                           R
                  CR. W. MELBOURNE
SECONDED:         CR. T. TOBIAS
                         FI
THAT: Standing Orders be resumed.
                   N

                                                                CARRIED
                                                                     9/0
Standing Orders resumed at 7.27pm.
       O
      C
 N
U




                                     Page 26
ORDINARY COUNCIL MINUTES                                   24 SEPTEMBER 2012


11     SUSTAINABLE DEVELOPMENT
11.1   PLANNING PERMIT APPLICATION NO. P306921/12, 118 LOT STAGED
       SUBDIVISION - NO. 51 TOOTLE STREET, KILMORE

Author:          Teresa Hendy – Senior Statutory Planner
File No:         P306921/12 / 107203
Attachment:      Concept Development Plan


Applicant:     North East Survey Design Pty Ltd
Property:      Lot 2 and Lot 3 on LP202226N




                                                  ED
Address:       No. 51 Tootle Street Kilmore
Zoning:        Residential 1 Zone
Overlay(s):    None
Proposal:      118 lot staged subdivision




                                            M
                              R
                            FI
                      N
        O
       C
 N




Summary
This report recommends that Council issue a Notice of Decision to Grant a
U




Planning Permit for application number P306921/12, which seeks permission for
a 118 lot staged subdivision on land at No. 51 Tootle Street Kilmore. The
application was advertised and ten objections were received.

Site Details
The subject land, Lot 2 and Lot 3 on LP202226N, is known as No. 51 Tootle Street,
Kilmore and has an area of 16.014ha. Tootle Street is located on the eastern side
of the Northern Highway and at the southern entrance to the Kilmore township.

The site is an irregular shaped parcel of land located on the north side of Tootle
Street. The site has a long frontage to Tootle Street of 516.1 metres and abuts
road access to Black Duck Crossing to the north and, to the east, to Centenary


                                       Page 27
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

Drive. The boundary between Lots 2 and 3 roughly follows the line of the Kilmore
Creek from the north west of the site to the south eastern corner.




                                                        ED
                                                      M
                                   R
                                 FI
               Boundary                                Length (approx)

 Tootle Street       frontage     (south                   516.4m
                         N

 boundary)

 North boundary                                          590.92mm
         O


 Western boundary                                         353.51m
 Southern boundary                                        283.39m
        C



 Total Site Area (approx)                                 16.014ha
 N




Lot 2 is a vacant land parcel on the southern side of Kilmore Creek with an area of
10.86ha and has a gentle fall from south to north towards the waterway. The site
contains trees along the creek line, with the balance of the site being highly
U




modified and containing weeds and exotic grasses. An easement for drainage
purposes is located adjacent to part of the western boundary for a length of
192.51m. This land parcel, Lot 2, is proposed to be subdivided into 97 of the 118
lots making up the subdivision application.

Lot 3 is also a vacant land parcel on the northern side of Kilmore Creek with an
area of 5.154ha. The land slopes from north to south towards the creek and
contains significant native vegetation in the northern area of the site. The south
eastern section of the land parcel is proposed to be subdivided into 20 lots with the
balance of the land retained as one large lot, being Lot 118 proposed for future
subdivision. There is an easement located centrally over part of the Kilmore Creek
for drainage purposes.


                                             Page 28
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

The subject site is located on the southern edge of the Kilmore township as
approached from Wallan. With the exception of the land to the south east which is
in the Farming Zone, all of the surrounding land is in the Residential 1 Zone. The
land to the north of the site is part of the Nature’s Run subdivision and would be
connected to the proposed subdivision by a bridge over Kilmore Creek and an
extension of Black Duck Crossing. Land to the west and northwest is part of the
Mannagum Estate. Land along Tootle Street to the east consists mainly of older
residences while, opposite the site, is more recent residential development. Land
to the west along Tootle Street includes residences and, towards Powlett Street,
grazing paddocks. The overall built character of the surrounding area is of
residential lots with single detached dwellings.

The Northern Highway and Mill Road are located approximately 830m to the west




                                                       ED
along Tootle Street and the central Kilmore commercial centre is approximately
1.6km to the north along Powlett Street. The site is located approximately 1.2 km
from the Kilmore Hospital, 820m from the police station, 2.4km from the post office
and schools are located between 1.7km and 3.5km to the north towards the
Kilmore township.




                                                      M
Proposal
The proposal is to create a total of 188 lots, comprising 116 residential lots, one
                                   R
medium density lot and one super lot in a staged subdivision of the site of
16.014ha. The subdivision is proposed to be staged as follows (excluding the
medium density housing lot and future development site to the north):
                                 FI
Stage 1         20 lots
Stage 2         17 lots
                          N

Stage 3         24 lots
Stage 4         19 lots
         O


Stage 5         20 lots
Stage 6         16 lots
        C



A reserve is proposed which would encompass land along both sides of the length
of the Kilmore Creek and have an area totaling 32,550m2. A retarding basin is
proposed to be located in the north west corner of the reserve.
 N




The main access to the subdivision is from Tootle Street with road connectivity to
U




the north via Black Duck Crossing and to the east via Centenary Drive.

Lot 97 is a proposed future medium density site of 3551m2 located centrally on the
site and adjacent to the Kilmore Creek reserve.

The majority of single residential lots are over 500m2 in size, with the largest lot
being 843m2 and the smallest being 325m2. Building envelopes have been shown
on lots less than 500m2 in size.

There are twenty lots which would gain access from Tootle Street and a network of
internal roads provides access to the balance of lots. Except for the location of the
medium density lot next to the creek reserve, the internal roads abut the creek
reserve and provide for lots to overlook the public open space reserve for


                                             Page 29
ORDINARY COUNCIL MINUTES                                    24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

surveillance purposes. There is one court in the subdivision which is proposed to
be located in the south west of the site and from which six lots would gain access.

A 5 metre wide pedestrian walkway is shown in the western section of the
subdivision, between lots 60 and 61, which would provide access to Johnson Court
in the neighbouring development. A reserve providing pedestrian access is
provided from the end of the court bowl of Johnson Court to the site boundary.

The application as first proposed was for a 98 lot subdivision and this proposal was
subsequently amended to increase the total number of lots to 118. The
amendment was made to add an additional stage of the subdivision in the south
eastern area of Lot 3, the northern lot, thereby providing connectivity between the
site and the residential area to the east via Centenary Drive.




                                                       ED
History
Planning Permit application P306789/11 was lodged in December 2011 for the
subdivision of the land into 164 lots over the subject land. Additional information
was requested by Council which wasn’t supplied within time and the application




                                                      M
lapsed in March 2012.

Planning Controls and Policy
Zone
                                   R
                                 FI
Residential 1 Zone

Pursuant to Clause 32.01-2 of the Mitchell Planning Scheme, a planning permit is
                         N

required to subdivide the land. An application for subdivision must meet the
relevant objectives of Clause 56.
         O


State Planning Policy Framework

Clause 11.03-1 - Open space planning seeks to ensure that open space networks:
        C



   • Are linked through the provision of walking and cycle trails and rights of way.
   • Are integrated with open space from abutting subdivisions.
 N




   • Incorporate, where possible, links between major parks and activity areas,
      along waterways and natural drainage corridors, connecting places of
      natural and cultural interest, as well as maintaining public accessibility on
U




      public land immediately adjoining waterways and coasts.
   • Ensure that land is set aside and developed in residential areas for local
      recreational use and
   • to create pedestrian and bicycle links to commercial and community
      facilities.

Clause 11.05-4 - Regional planning strategies and principles seeks to encourage
reduced energy and water consumption through environmentally sustainable
subdivision and building design.




                                             Page 30
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

Clause 14.02 – Water provides as an objective –

“To assist the protection and, where possible, restoration of catchments,
waterways, water bodies, groundwater, and the marine environment”

And as a strategy “retain natural drainage corridors with vegetated buffer zones at
least 30m wide along each side of a waterway to maintain the natural drainage
function, stream habitat and wildlife corridors and landscape values, to minimise
erosion of stream banks and verges and to reduce polluted surface runoff from
adjacent land uses.”

Clause 15.01-1 - Urban design seeks to encourage retention of existing vegetation
or revegetation as part of subdivision and development proposals.




                                                       ED
Clause 15.01-3 - Neighbourhood and subdivision design seeks to ensure the
design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and
sustainable neighbourhoods.




                                                      M
Clause 19.03-2 Water supply, sewerage and drainage seeks to plan for the
provision of water supply, sewerage and drainage services that efficiently and
effectively meet State and community needs and protect the environment.
                                   R
Local Planning Policy Framework
                                 FI
Clause 21.04 Strategic vision and framework seeks to:

   •   Provide for a controlled expansion of existing townships in a rural setting
                         N

       reflecting our position to the north of metropolitan Melbourne.
   •   Provide for new residential development while maintaining the character and
       rural-urban mix of the Shire’s existing settlements through attention to
         O


       design, landscape features and the staging and co-ordination of
       infrastructure provision.
        C



Clause 21.05-1 Natural resources and the environment seeks to ensure:
 N




   •   Residential growth, where it has been associated with inadequate attention
       to effluent disposal and the maintenance of water quality, has impacted on
       the environment.
U




   •   Reduce and better manage runoff, soil degradation, saline discharges or
       effluent release into watercourses.

Clause 21.05-3 - Settlement Strategy supports continuing residential growth based
on the areas which can be serviced with reticulated water and sewer and which are
well served by the road infrastructure and planned community services and
facilities. This will mean that residential growth will continue to be focussed on the
traditional towns of Seymour, Kilmore, Broadford and Wallan and on the
settlements of Wandong-Heathcote Junction and a new privately serviced
residential area to the west of Beveridge. All these towns and settlements lie within
the ‘Hume Growth Corridor’ served by the Hume Freeway and the national rail
corridor.


                                             Page 31
ORDINARY COUNCIL MINUTES                                           24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)



Clause 22.06-1 Residential Infrastructure Requirements seeks:

    •   To ensure that all forms of residential development, including where
        practical rural residential development, are connected to reticulated water,
        sewerage, power and stormwater facilities.
    •   To ensure that the environment and water quality downstream of residential
        development is not detrimentally affected.
    •   To ensure that all roads that service residential development are fully
        constructed.

Referrals
Pursuant to Clause 66 of the Mitchell Planning Scheme and Section 55 of the




                                                          ED
Planning and Environment Act 1987, the application was referred to external
referral authorities as detailed within the table below. Also included within the table
are those internal referral departments who provided comment on the proposal.

Agency                                  Section        Date Sent   Response   Response




                                                      M
                                        of PE                      Date
                                        Act
SP Ausnet                                  13/4/2012
                                            55         27/8/2012                  CC
                                   R      & 8/8/2012
Telstra                            55      13/4/2012   15/8/2012                  CC
                                 FI
                                          & 8/8/2012
APT O&M Service                    55      13/4/2012    9/8/2012                  UC
                                          & 8/8/2012
                         N

Goulburn Valley Regional Water     55      13/4/2012   15/8/2012                  CC
Corporation                               & 8/8/2012
Goulburn Broken Catchment          55      13/4/2012   21/8/2012                  CC
         O


Management Authority                      & 8/8/2012
Public Transport Victoria          55      13/4/2012   30/5/2012                  UC
                                          & 8/8/2012
        C



Engineering                     Internal   13/4/2012   22/8/2012                  CC
                                          & 8/8/2012
 N




Recreation                      Internal   13/4/2012   28/8/2012                  CC
                                          & 8/8/2012
Objection (O); Conditional Consent (CC); Unconditional Consent (UC)
U




Notification
Pursuant to Section 52 of the Planning and Environment Act 1987, notice of this
application was given in the following manner:

    •   Letters were sent out to the adjoining owners and occupiers on 24 April
        2012.
    •   A sign was erected on site and displayed for a period of 14 days.

As a result of the advertising, nine objections were received.



                                             Page 32
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

Due to the amendment to the proposal and increase in lot numbers, notice of the
amended subdivision was given a second time by:

    •   Letters were sent out to the adjoining owners and occupiers on 26 July 2012
    •   A sign was erected on site and displayed for a period of 14 days.

As a result of the second advertising, two objections were received from previous
objectors and one new objection was received. This means there is a total of 10
objections.

Planning officer assessment
General




                                                       ED
The proposal is considered consistent with the purpose of the Residential 1 Zone
which seeks to provide for residential development at a range of densities with a
variety of dwellings to meet the housing needs of all households and to encourage
residential development that respects the neighbourhood character.




                                                      M
The neighbourhood character is defined primarily of single dwelling allotments
created through vacant land subdivisions over the years which contain a variety
and range of lot sizes. Older lots to the west and over Tootle Street to the south
                                   R
are larger than the lots of the proposed subdivision while lots to the north and north
east of the site are of smaller size and similar to the lot sizes proposed by this
                                 FI
subdivision. The smaller sized lots proposed by this subdivision are generally
consistent with the lots sizes of other subdivisions in Kilmore and the larger towns
within the Shire.
                         N

The lots proposed to be created by the subdivision would have access to all
infrastructure services. The subdivision is consistent with Clauses 21.04, 21.05-3
         O


and 22.06-1 of the Mitchell Planning Scheme which relate to the controlled
expansion of the Shire’s towns and provision of infrastructure and reticulated
services. The location and layout of the proposed subdivision within the township
        C



boundaries is considered to be in keeping with the orderly planning of the township
and, as part of any permit issued, urban design guidelines would be required to
ensure a consistent neighbourhood character is achieved.
 N




Roads and traffic
U




The lots proposed by the subdivision would gain access from Tootle Street and
internal roads. The majority of lots proposed within Stage 1 would gain access
directly from Tootle Street. The main access road through the subdivision would be
an internal road between Tootle Street and the existing Black Duck Crossing to the
north which requires the construction of a bridge over Kilmore Creek to connect
with the existing interconnecting road. The main street reserve is proposed to be
24 metres wide from Tootle Street before narrowing to 20 metre to align with the
existing development to the north.

A second bridge is proposed over Kilmore Creek in the south east of the site where
a crossing would connect with Centenary Drive from the adjacent development to
the east. Centenary Drive would have a street reserve of 20 metres to match the


                                             Page 33
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

connecting street reserve from the east. The balance of the street reserves
throughout the subdivision vary in width according to their place in the road
hierarchy, with street reserves being between 14 metres and 20 metres in width.
The street reserve widths allow for carriageways between 11 metres wide for
collector roads and 6 metres wide for low speed residential access streets which
are appropriate for the proposed subdivision layout.

The traffic report submitted with the proposal made a number of recommendations,
some of which have been adopted in later versions of the subdivision plan while
others, including strategic slow points along Black Duck Crossing and Centenary
Drive, could be adopted in future. Additionally, some suggestions will need
consent of VicRoads due to the relationship with main arterials.




                                                       ED
Clause 22.06-1 of the Mitchell Planning Scheme directs that all roads that service
residential development are fully constructed and this would be required as a
condition of any permit issued. Council’s Engineering Unit has not raised any
concerns regarding the design of the internal roads or the increase of traffic
resulting from the any future development of the site and has confirmed that the




                                                      M
proposal is consistent with the Kilmore Access and Movement Study.

Public open space                  R
Public open space is proposed in the form of a lineal reserve which would follow
the line of the Kilmore Creek. The reserve would be a total of 32,550m2, which
                                 FI
equates to just over 20% of the site, and would encompass the native vegetation
along the creek line. Although much of this open space is encumbered,
opportunities will exist for paths, park furniture, shelters and other useable reserve
                         N

facilities and open space in this format is preferred in this instance to smaller
neighbourhood parks given the links along the watercourse.
         O


The application submits that the treatment of the reserve would include weed
control, revegetation works and the provision of shared paths and park furniture.
The reserve along the water way is supported by policies at Clauses 11.03-1,
        C



14.02 and 21.05-1 of the Mitchell Planning Scheme which direct public open space
to be provided along streams and permanent water bodies and which is linked to
 N




existing or proposed future public open spaces, provide for the protection of
watercourses and water quality. A further measure to secure the integrity of the
natural environmental values of the water course and reserve would be to include a
U




condition on any permit issued which would require for design, landscaping and
initial maintenance of the reserve inclusive of a preference for native or indigenous
plant species as a basis of providing stream habitat and wildlife corridors and
preventing the spread of exotic plants on the reserve or downstream of the
waterway.

In accordance with Council’s Recreation and Open Space Strategy, the creek
reserve would fulfil the functions of a local accessway/trail, local social family
recreation area and local play area. The reserve would be within 500m of dwellings
and easily accessible by the internal road network. As a part of any permit issued,
a playground would be required to be provided in accordance with the strategy to
provide for a local play area with play equipment within 500m of residences. The


                                             Page 34
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

provision of the play equipment along with the passive open space and paths
would provide a choice of recreational activities within the reserve.

The reserve would link to existing walking and cycling paths to the north of the site
which, in the future, should be constructed along the length of the creek and
provide direct connectivity to the Kilmore central business area. The direct
connection to the main Kilmore township area should encourage walking and
cycling rather than reliance on cars. In accordance with Clause 14.02, the
encompassing of the Kilmore Creek within the reserve will ensure the protection
and support the restoration of the creek and assist in conservation values along the
waterway.

Native vegetation




                                                       ED
The mature native trees on the site are located along the creek line and adjacent to
the northern boundary of Lot 3. The proposed creek reserve would contain and
protect the vegetation along the creek line and the trees in the northern area of the
site are proposed to be contained within Lot 98 which is an area of 30,559m2 and




                                                      M
this vegetation would be assessed as part of any future proposal for subdivision or
development of the site. There are some scattered young wattles on the site which
do not need planning permission for removal due to the trees being young
                                   R
regrowth.

Clause 56 ResCode
                                 FI
An assessment of the proposed subdivision has been made against the relevant
standards of Clause 56 of the Mitchell Planning Scheme. The proposed subdivision
                         N

is considered to be compliant with the standards as proposed, subject to a minor
revision of two lots in Stage 5 and the submission of plans by permit conditions and
referral authority requirements.
         O


Clause 65.02 Decision guidelines
        C



In addition to the considerations discussed above, Clause 65.02 provides further
decision guidelines for subdivision and a response is provided as follows.
 N




The land is located within the Residential 1 zone and adjacent to other similar
subdivisions rendering the proposal suitable. All lots are capable of being
U




developed with single dwellings (save for the medium density site which can
accommodate multiple dwellings), although functionally some of the lots such as 8,
9, 21, 38, 63, 64, 74, 76, 82 and 86 all contain building envelopes which don’t
match up with crossovers resulting in an inability to construct garages on
boundaries which is likely to affect the ability to construct on some of the lots. This
should be rectified as a condition of permit to ensure an improved outcome on site.

Lot 98 and 99 which are in a battleaxe arrangement in Stage 5 require
rearrangement to provide for a private accessway along the front of the lots and
adjacent to the reserve to ensure that there is frontage and surveillance to the
reserve and roads. This can be addressed by way of condition on any permit
issued.


                                             Page 35
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

Urban Design Guidelines will be required to ensure future development responds
to the preferred neighbourhood character and addresses simple planning principles
that are often overlooked. For example, providing integration and surveillance with
reserves, minimising front fence heights and restricting the number of dwellings per
allotment to name a few.

Environment and Sustainability Implications

The health of Kilmore Creek and the surrounding environment is an important
consideration in the overall assessment of the proposed subdivision. The
development lots, roads and works proposed by the subdivision, with the exception
of the bridges, are a minimum of 30 metres from the waterway, creating a buffer
and protection zone for the creek. The trees along the creek are protected within




                                                       ED
the reserve. The creek and the riparian area along the creek should benefit by the
removal of weeds and supportive planting of indigenous species along the creek
line, creating habitat and encouraging a natural reserve environment alongside the
more open areas and walking and cycling paths. An Environment Management
Plan required as part of any permit issued will address and ensure the protection




                                                      M
and health of the creek during construction. The trees in the north of the land are
part of a larger lot of 30,559m2 and there is no removal of these trees as part of
this application.                  R
The paths to be created within the reserve for walking and cycling should
encourage activity and, when connected in the future to the Kilmore township, offer
                                 FI
an enjoyable alternative to car based transport to reach the town centre. The
reserve is within easy reach of the lots in the subdivision and may also encourage
walking and activity from residents of surrounding neighbourhoods by visits to the
                         N

reserve.

Objections to the proposal
         O


There have been 10 objections received in response to advertising of the
subdivision. Summarised grounds of objection and a response are provided as
        C



follows:
 N




Increase in traffic and lack of parking in Kilmore

Tootle Street is designated in the Kilmore Traffic Study Movement and Access
U




Report for the provision of a second access road to service the subdivision to the
east via Centenary Drive, and is therefore intended to carry a much higher volume
of traffic and service a larger number of residential lots than is currently the case.
There may be some increase in traffic from the subdivision to the north over Black
Duck Crossing however the major volume of traffic movement would be to the
south along Tootle Street. It should also be noted that the subdivision is staged,
and therefore the total number of proposed lots may take some years to be
released. The subdivision is assessed on the merits of the proposal and not on
wider matters such as the availability of parking in the wider Kilmore area.
Council’s engineering department did not raise concerns regarding traffic impacts
and have provided conditions to be placed on any permit issued.



                                             Page 36
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

Lots are too small and the proposal will change the semi-rural environment and is
inappropriate

Kilmore has been undergoing change and growth for many years, with larger lots
along Tootle Street representative of older subdivisions. The proposal is
characteristic of subdivision within residential zoning in established towns and
should not be expected to reflect the type of subdivision and larger lots to be found
in a township zone. The proposed subdivision has access to all services and
infrastructure expected to be contained on land within this zoning. Kilmore is no
longer a small country town and there is the expectation that Kilmore will continue
to grow in keeping with settlement strategy for the increased growth of towns along
the Hume Corridor.




                                                       ED
Increase in population without expansion of infrastructure.

The proposed subdivision was referred to all providers of infrastructure services,
none of whom raised concerns regarding the supply of services, subject to their
conditions being placed on any permit issued.




                                                      M
There is wildlife on the land which will be impacted by the subdivision.
                                   R
A condition of any permit issued can address the investigation, protection and
potential re-homing of any wildlife on the site prior to the commencement of works.
                                 FI
Reduction in home values

It is a long held planning principle that the perceived reduction in home values as a
                         N

result of a planning application is a matter that cannot be sustained in the
assessment of a planning application.
         O


Advice provided in Section 32 documents for adjoining land

It is unclear exactly what the advice specifically said in section 32 documents from
        C



adjoining land, however irrespective, this is a civil matter for any purchaser/owner
to take up with the respective real estate agent.
 N




Provision of open space along Kilmore Creek is an unacceptable open space
contribution and privatisation of what is a public open space.
U




As discussed within the report, the provision of open space along the watercourse
is appropriate subject to further design, construction, landscaping and
maintenance.

Removal of trees from the site.

There are no mature trees proposed to be removed as part of this application or
which require planning approval. The mature native trees on site are protected by
being contained within the creek reserve and the larger lot.




                                             Page 37
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

Infrastructure over and along the creek and location of the retarding basin.

The infrastructure proposed as part of the subdivision, including the two bridges,
will be at the cost of the developer. Water authorities have responded to referrals
and have not objected to the location of the retarding basin in relation to the creek.

Much of the site will not have adequate road egress for evacuation the site in the
event of fire.

The subdivision plan provides for a number of exits from the site including two
roads onto Tootle Street, and two bridges providing road connection over Kilmore
Creek. These access/egress points for the subdivision are considered to be
satisfactory for normal vehicle movement and the addition of further roads




                                                       ED
specifically for evacuation purposes are not considered necessary. The site is not
contained within an overlay relating to bushfire hazard and therefore there is no
basis on which to require infrastructure above that of normal road hierarchy for a
subdivision of this type.




                                                      M
Conclusion
The subject site is suitable for the proposed subdivision which is in character with
the existing and ongoing subdivision and development occurring in the surrounding
                                   R
area, and typical of that in the wider Kilmore area. The layout and lots sizes of the
subdivision are consistent with the zoning of the land and settlement strategy for
the Kilmore township. All infrastructure services are available to the site and health,
                                 FI
education, community and other services available within a short distance. It is
recommended that a Notice of Decision to Grant a Planning Permit should be
issued for the proposal.
                         N
            O


RECOMMENDATION

THAT: a Notice of Decision to Grant a Planning Permit be issued for Planning
           C



Permit Application P306921/12 for a 118 lot staged subdivision at No. 51 Tootle
Street Kilmore subject to the following conditions:
 N




Subdivision plan
U




1.    Before the plan of subdivision for stage 1 is certified, an amended overall
      Concept Development Plan must be submitted to and approved by the
      Responsible Authority. The plan must generally in accordance with Concept
      Development Plan M1238_ODP6 but modified to show:
      a)    The rearrangement of lots 98 and 99 in Stage 5 to provide a private road
            access for the two lots which runs adjacent to the reserve and locates
            the rear boundary for each lot abutting the eastern boundary of the site.
      b)    Reconfigured building envelopes on lots 8, 9, 21, 38, 63, 64, 74, 76, 82
            and 86 such that they align with the proposed crossovers;
      c)    Court bowl dimensions.




                                             Page 38
ORDINARY COUNCIL MINUTES                                          24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

      The plan must be to the satisfaction of the Responsible Authority and all
      works undertaken in accordance with the plan.

Other plans

2.    Before the plan of subdivision for each stage is certified, a plan must be
      submitted to show:
      a)    Width and location of crossovers to each lot.
      b)    Indicative location of street lighting and fire hydrants.
      c)    Nature strips and footpaths.

      The plan must be to the satisfaction of the Responsible Authority and all




                                                         ED
      works undertaken in accordance with the plan.

3.    Prior to commencement of works an Environmental Management Plan must
      be submitted to and approved by the Responsible Authority with details
      including, but not limited to:




                                                      M
      a)    How delineation will be achieved between the reserve and adjacent
            construction areas.    R
      b)    Methods to ensure the protection of the creek during bridge and road
            construction.
                                 FI
      c)    Erosion management            and     sediment   control    measures   to   be
            implemented.
      d)    Protection measures for vegetation being retained in the reserve which is
                         N

            adjacent to works, including details of the entry and exit points for the
            directional boring.
            O


      e)    Entry and exit points for directional boring must be located in areas
            where there is no vegetation and/or away from the drip line of trees to
            limit the affect to less than 5% damage on the root system of the trees.
           C



      f)    Waste management and disposal during construction.
      g)    Chemical control and disposal.
 N




      h)    The control and management of any soil stockpiles.
U




      i)    Noise and dust minimization measures.
      j)    Any other relevant matter.
      k)    Tree protection zone plan for the protection of all trees in the reserve
            adjacent works, showing the area of the protection zone.

      The plan must be to the satisfaction of the Responsible Authority and all
      works undertaken in accordance with the plan.

4.    Before the plan of subdivision for each stage is certified, a detailed urban
      streetscape plan must be submitted to and approved by the Responsible
      Authority. The plan must be generally in accordance with Landscape Master
      plan M1238_LP01 but modified to show:


                                             Page 39
ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

      a)    Replace Gleditsia along Tootle Street with a native species
      b)    Replace E. mannifera with E. Mannifera “little spotty”
      c)    Replace E. rubida with a smaller indigenous species
      d)    Locations and details of raingardens
      e)    Details of site preparation and planting of street trees, planting and
            guarding and/or securement for all plants
      f)    Details of treatment and landscaping to the pedestrian pathway between
            lots 60 and 61
      g)    Landscape maintenance plan which sets out maintenance
            responsibilities, requirements and costs for the works for a minimum of
            24 months from the completion of works with a minimum 80% survival




                                                       ED
            rate of plants. Landscaping works and must be undertaken at the cost of
            the developer and completed prior to issue of a Statement of
            Compliance for each Stage. Landscaping maintenance must be
            undertaken in accordance with the landscape plan at the cost of the
            owner/developer and to the satisfaction of the Responsible Authority




                                                      M
            unless an agreed monetary contribution is made to Council to enable
            Council to continue maintenance of the landscaping.
                                    R
      The plan must be to the satisfaction of the Responsible Authority and all
      works undertaken in accordance with the plan.
                                  FI
5.    Except with the further written consent of the Responsible Authority, before
      the plan of subdivision is certified for stage 2, a detailed landscape plan for
      the retarding basin and waterway reserve must be submitted to and approved
                         N

      by the Responsible Authority. The plan must include:
      a)    Details of proposed weed management
            O


      b)    Design and construction details of the retarding basin
      c)    Path locations within the reserve, showing a minimum width of 2m and
           C



            surface finishes suitable for pedestrians, disabled persons, prams,
            bicycles and other users.
 N




      d)    Details of any fencing and barriers within the reserve
      e)    Proposed reserve plantings including trees, shrubs and grasses/poas
U




            including common and botanical names, numbers to be planted, size at
            planting and maturity, preparation for planting and guarding. All species
            must be indigenous and allowance made for clear site paths and
            surveillance.
      f)    Location a playground
      g)    Details of lighting
      h)    Location and design of park furniture including bins, seats, picnic
            shelters, barbeques, drinking taps, play equipment or similar.
      i)    Landscape maintenance plan which sets out maintenance
            responsibilities, requirements and costs for the works for a minimum of
            24 months from the completion of works with a minimum 80% survival


                                             Page 40
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

            rate of plants. Landscaping works for the reserve must be undertaken at
            the cost of the developer and completed prior to issue of a Statement of
            Compliance for Stage 4. Landscaping maintenance must be undertaken
            in accordance with the landscape plan at the cost of the owner/developer
            and to the satisfaction of the Responsible Authority unless an agreed
            monetary contribution is made to Council to enable Council to continue
            maintenance of the landscaping.

      The plan must be to the satisfaction of the Responsible Authority and all
      works undertaken in accordance with the plan.

General




                                                       ED
6.    The layout of the proposed subdivision as shown on the endorsed plans must
      not be altered or without the prior written consent of the Responsible
      Authority.

7.    All reserves shall be specified as reserves on any relevant Plan of Subdivision




                                                      M
      and accordingly will vest in Council, at no cost to council, upon registration of
      the Plan of subdivision.

Contribution
                                   R
8.    Prior to the Statement of Compliance for each stage, a contribution of a
                                 FI
      Community Development Levy of $900 per each new lot created by the
      subdivision must be paid to the satisfaction of the Responsible Authority.
                         N

Urban design guidelines

9.    Prior to the issue of a Statement of Compliance for Stage 1, Urban Design
            O


      Guidelines to the satisfaction of the Responsible Authority must be submitted
      to and approved by the Responsible Authority. The guidelines must include:
           C



      a)    Prohibition of relocated or pre-occupied buildings and second hand
            dwellings on lots within the subdivision.
 N




      b)    One dwelling per allotment and no further subdivision of any lot other
            than lots 97 and 118.
U




      c)    Detached outbuildings must not exceed a total of 50 square metres in
            floor area and be no greater than 3.5 metres in height.
      d)    Provision of a standard domestic rainwater tank for each lot with a
            minimum 2000 litre capacity.
      e)    The garage must be located at least 500mm behind the dwelling
            frontage where facing a street.
      f)    All dwellings must be setback at least 5m from the street frontage or
            within an approved building envelope as shown on the approved
            Concept Development Plan.
      g)    Buildings on Lots 7, 8, 9, 10, 21, 23, 24, 25, 26, 37, 38, 47, 50, 63, 64,
            74, 75, 76, 82, 83, 84, 85, 86, 87, 115 and 116 inclusive must be located
            within the building envelopes shown on the endorsed plans for planning

                                             Page 41
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

            permit P306921/11, except for outbuildings;
      h)    At least one habitable room window at ground level to face each street
            frontage, including side streets and the pedestrian pathway adjacent to
            lots 60 and 61.
      i)    Any side fencing abutting the pedestrian laneway for lots 60 and 61
            must be permeable above a height of 1.5m.
      j)    Eaves of at least 450mm where practical within the constraints of the lot.
      k)    Guidelines for waterwise planting and gardening including a list of
            recommended indigenous plant species.
      l)    Restriction on front fence height forward of dwellings to no more than
            1.3m.




                                                       ED
      m)    Guidelines for future development on the medium density site (lot 97) to
            ensure passive surveillance of the rear waterway reserve and
            integration between the rear of the site and the reserve.

Section 173 Agreement




                                                      M
10. Prior to the issue of the Statement of Compliance for stage 1, the owner of the
    land shall enter into an agreement pursuant to Section 173 of the Planning &
                                   R
    Environment Act 1987. The agreement must provide for:
      a)    Contribution to be paid in accordance with Condition 8.
                                 FI
      b)    The Urban Design Guidelines in accordance with Condition 9.
      c)    Except with the further written agreement from the Responsible
            Authority, the bridges as shown on the endorsed plans must be
                         N

            constructed at no cost to Council and to the satisfaction of Council.
      d)    No dwelling (other than outbuildings) may be constructed outside of the
            building envelopes on lots 7, 8, 9, 10, 21, 23, 24, 25, 26, 37, 38, 47, 50,
            O


            63, 64, 74, 75, 76, 82, 83, 84, 85, 86, 87, 115 and 116.
      e)    Mitchell Shire Council and its successors will not be liable for any
           C



            fencing contribution between a reserve and a lot;

      The owner must pay the reasonable costs for the preparation, execution and
 N




      registration of the Section 173 Agreement.

      A copy of the Titles Office registration number (dealing number) for the
U




      Section 173 Agreement must be provided to Council as proof of registration
      prior to the issue of a Statement of Compliance.

Works

11. Except with the prior written consent of the Responsible Authority, before a
    Statement of Compliance is issued for Stage 4, the playground as shown on
    the endorsed landscape plan for the waterway reserve must be fully
    constructed to the satisfaction of the Responsible Authority.

12. All external boundary fencing must be completed prior to the commencement
    of works for each stage and at the developer’s expense to the satisfaction of
    the Responsible Authority.

                                             Page 42
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)



13. Prior to the issue of the Statement of Compliance for Stage 2 all noxious
    weeds as scheduled under the Catchment and Land Protection Act must be
    destroyed to the satisfaction of the Responsible Authority prior to
    commencement of onsite works. The land is to be maintained to these
    requirements thereafter to the satisfaction of the Responsible Authority.

14. Except with the further written consent of the Responsible Authority, prior to
    the Statement of Compliance for Stage 4, all works required by the landscape
    plan for the retarding basin and waterway reserve must be completed to the
    satisfaction of the Responsible Authority and maintained in accordance with
    the maintenance plan to the satisfaction of the Responsible Authority.




                                                       ED
15. Works must be carried out in accordance with the following conditions:

      a)    Only clean rainwater shall be discharged to the stormwater drainage
            system;
      b)    Stormwater drainage system protection measures shall be installed as




                                                      M
            required to ensure that no solid waste, sediment, sand, soil, clay or
            stones from the premises, enters the stormwater drainage system;
      c)    Vehicle borne materials shall not accumulate on the roads abutting the
                                   R
            site;
      d)    All machinery and equipment must be cleaned (if required) on site and
            not on adjacent footpaths or roads;
                                 FI
      e)    All litter (including items such as cement bags, food packaging and
            plastic stripping) must be disposed of responsibly;
      f)        All site operations shall comply with the Environmental Protection
                         N

            (Residential Noise) Regulations 1997.

      All of the above must be to the satisfaction of the Responsible Authority.
            O


Amenity
           C



16. The subdivision must be managed to ensure that the amenity of the area
    must not be detrimentally affected to the satisfaction of the Responsible
 N




    Authority, through:

      a)    Transportation of materials, goods or commodities to or from the land.
U




      b)    Appearance of any building, works or materials.
      c)    Emission of noise, dust, artificial light, vibration, smell, litter, fumes,
            smoke, vapour, steam, soot ash, dust, waste water, waste products, grit
            or oil, concrete and other construction wastes, chemical contamination,
            erosion or sediment.
      d)    Presence of vermin.

Other

17. Prior to the commencement of works for each stage any wildlife must be
    appropriately relocated to the satisfaction of the Responsible Authority.



                                             Page 43
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

18. No topsoil shall be removed and taken away from the site without the prior
    consent of the Responsible Authority. Any sub soil to be removed from the
    site must be separated from topsoil prior to transport.

19. The owner/developer must reinstate any damaged Council infrastructure
    during construction works as required by and to the satisfaction of Council.

20. All easements and sites required for utility services and roads on the land
    must be set aside in the Plan of Subdivision submitted for certification in
    favour of the relevant authority for which the easement on site is to be created
    under the Subdivision Act 1988.

21. All services, including water, electricity and telephone, must be installed




                                                       ED
    underground and located to the satisfaction of the Responsible Authority.

22. Prior to the submission of a plan of subdivision for certification, names for the
    new roads must be submitted to and approved in writing by the Responsible
    Authority with the approved names to be applied to the plan of subdivision to




                                                      M
    the satisfaction of the Responsible Authority.

Engineering conditions             R
23. Prior to the commencement of any works associated with the subdivision,
    detailed construction plans must be submitted to and approved by the
    Responsible Authority. When approved, the plans will be endorsed and will
                                 FI
    then form part of the permit. The construction plans must be drawn to scale
    with dimensions and three copies must be provided. The plans must include:
                         N

      a)    Fully sealed pavement with kerb and channel, court bowls and vehicular
            crossings;
            O


      b)    footpaths and/or shared pedestrian/bicycle paths;
      c)    access and parking
      d)    bridge specifications
           C



      e)    underground drainage;
      f)        landscaping lighting;
      g)    street trees;
 N




      h)    buffers;
      i)    underground conduits for water, gas, electricity and telephone;
U




      j)    traffic calming, appropriate intersection and traffic control/mitigation
            measures;
      k)    appropriate street lighting and signage;
      l)    high stability permanent survey marks;
      m)     stormwater retention and quality treatments;
      n)     services.

      Prior to the issue of a Statement of Compliance under the Subdivision Act
      1988, all works as shown on the endorsed detailed construction plans must
      be carried out and completed to the satisfaction of the Responsible Authority.




                                             Page 44
ORDINARY COUNCIL MINUTES                                    24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

24. Before the issue of the Statement of Compliance for each stage the permit
    holder must construct road works, drainage and other civil works, in
    accordance endorsed detailed construction plans.

25. The discharge of water from the property under development must be
    controlled around its limits to prevent any discharge onto any adjacent
    property or streets other than by means of an approved drainage system
    discharged to an approved outlet in a street or to an underground pipe drain
    to the satisfaction of the Responsible Authority.

26. Except with the further written approval of Council, the subject site must be
    connected to an underground drainage system including an on-site detention
    system to control flows to pre-development levels and treat stormwater wholly




                                                       ED
    within the boundaries of the subject land.

27. Prior to the issue of a Statement of Compliance for each stage, the permit
    holder must construct at no cost to Council drainage works between the
    subject land and the Council nominated point of discharge to the satisfaction




                                                      M
    of the Responsible Authority.

      The system must be designed and installed in accordance with the Water
                                   R
      Sensitive Urban Design (WSUD) principles and to the satisfaction of the
      Responsible Authority.
                                 FI
28. Prior to any construction works associated with the subdivision commencing,
    the permit holder must submit a construction management plan to Council
    and approval obtained to the satisfaction of Council. The construction
                         N

    management plan must address issues such as environmental issues, dust
    control, soil erosion, and traffic management, mud on roads, warning signs,
    construction plant movement areas and storage areas.
         O


29. The permit holder must reinstate any Council assets or infrastructure
    damaged as a result of the construction works, to the satisfaction of the
        C



    Responsible Authority.
 N




30. During construction no polluted and/or sediment laden run-off is to be
    discharged directly or indirectly into any drains or water courses to the
    satisfaction of Responsible Authorities.
U




      All works must be undertaken in a manner that minimises soil erosion, and
      any exposed areas of soil must be stabilised to prevent soil erosion, to the
      satisfaction of the Responsible Authority.

31. Prior to the issue of Statement of Compliance for each stage, the permit
    holder shall submit to the satisfaction of the relevant authority the following:
    •     An assets statement for each street;
    •     As constructed’ information for the entire work in each development
          stage;
    •     A certified plan showing the extent and depth of fill in excess of 300 mm
          placed on any of the allotments;


                                             Page 45
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)


      •     As constructed’ drainage information shall be provided D spec format to
            Council’s satisfaction.

Telstra conditions
32. That the plan of subdivision submitted for certification be referred to Telstra in
    accordance with Section 8 of the Subdivision Act 1988.

33. Telstra will not consent to the issue of a Statement of Compliance until such
    time as the applicant provides satisfactory evidence of compliance with the
    above conditions.

Goulburn Valley Water conditions




                                                       ED
34. Payment of a new customer contribution for water supply to the development,
    such amount being determined by the Corporation at the time of payment.

35. Provision of a reticulated water supply and associated construction works to
    each allotment within the development, at the developer’s expense, in




                                                      M
    accordance with standards of construction adopted by and to the satisfaction
    of the Goulburn Valley Region Water Corporation.
                                   R
36. Payment of a new customer contribution for sewerage services to the
    development, such amount being determined by the Corporation at the time
    of payment.
                                 FI
37. Provision of reticulated sewerage and associated construction works to each
    allotment within the development, at the developer’s expense, in accordance
                         N

    with standards of construction adopted by and to the satisfaction of the
    Goulburn Valley Region Water Corporation (The works may include, but not
    be limited to the construction of a sewerage pumping station, rising mains and
           O


    gravity mains).

38. Provision of easements in favour of the Goulburn Valley Region Water
          C



    Corporation over all existing and proposed sewer mains located within private
    property.
 N




39. The operator under this permit shall be obliged to enter into an Agreement
    with Goulburn Valley Region Water Corporation relating to the design and
U




    construction of any water works required. The form of such Agreement shall
    be to the satisfaction of Goulburn Valley Water. A copy of the format of the
    Agreement will be provided on request.

40. The plan of subdivision lodged for certification is to be referred to the
    Goulburn Valley Region Water Corporation pursuant to Section 8(1) of the
    Subdivision Act, 1988.

SPI Ausnet conditions
41. The applicant must enter in an agreement with SPI Electricity Pty Ltd for
    supply of electricity to each lot on the endorsed plan.



                                             Page 46
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

42. The applicant must enter into an agreement with SPI Electricity Pty Ltd for the
    rearrangement of the existing electricity supply system.

43. The applicant must enter into an agreement with SPI Electricity Pty Ltd for
    rearrangement of the points of supply to any existing installations affected by
    any private electric power line which would cross a boundary created by the
    subdivision, or by such means as may be agreed by SPI Electricity Pty Ltd.

44. Provide easements satisfactory to SPI Electricity Pty Ltd for the purpose of
    "Power Line" in the favour of “SPI Electricity Pty Ltd “pursuant to Section 88 of
    the Electricity Industry Act 2000, where easements have not been otherwise
    provided, for all existing SPI Electricity Pty Ltd electric power lines and for any
    new power lines required to service the lots on the endorsed plan and/or




                                                       ED
    abutting land.

45. Obtain for the use of SPI Electricity Pty Ltd any other easement required to
    service the lots.




                                                      M
46. Adjust the position of any existing SPI Electricity Pty Ltd easement to accord
    with the position of the electricity line(s) as determined by survey.
                                   R
47. Set aside on the plan of subdivision Reserves for the use of SPI Electricity Pty
    Ltd for electric substations.
                                 FI
48. Provide survey plans for any electric substations required by SPI Electricity
    Pty Ltd and for associated power lines and cables and executes leases for a
    period of 30 years, at a nominal rental with a right to extend the lease for a
                         N

    further 30 years. SPI Electricity Pty Ltd requires that such leases are to be
    noted on the title by way of a caveat or a notification under Section 88 (2) of
    the Transfer of Land Act prior to the registration of the plan of subdivision.
         O


49. Provide to SPI Electricity Pty Ltd a copy of the plan of subdivision submitted
    for certification that shows any amendments that have been required.
        C




50. Agree to provide alternative electricity supply to lot owners and/or each lot
 N




    until such time as permanent supply is available to the development by SPI
    Electricity Pty Ltd. Individual generators must be provided at each supply
    point. The generator for temporary supply must be installed in such a manner
U




    as to comply with the Electricity Safety Act 1998.

51. Ensure that all necessary auditing is completed to the satisfaction of SPI
    Electricity Pty Ltd to allow the new network assets to be safely connected to
    the distribution network.

Goulburn Broken Catchment Management Authority conditions
52. The applicant must obtain a “Works on Waterway” permit from the Goulburn
    Broken CMA for the proposed bridge works and drainage outfall structures on
    the Kilmore Creek.




                                             Page 47
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)

53. Drainage outfall structures into the Kilmore Creek must be kept to a minimum
    number.

Time condition
54. This permit will expire if one of the following circumstances applies:

      a)    The plan of subdivision for Stage 1 is not certified within two years of the
            issue date of this permit; or
      b)    Each subsequent stage is not certified within two years of the previous
            stage being certified; or
      c)    The statement of compliance is not lodged at the titles office within five
            years of the date of certification of that stage of the plan of subdivision.




                                                       ED
      The Responsible Authority may extend the permit if a request is made in
      writing prior to expiry of the permit or within three months afterwards.

Notes




                                                      M
 Relevant           Information provided to assist the applicant or owner
 Authority
 Council’s          In regard to the condition requiring that you enter an agreement with
 Planning Unit
                                   R
                    the Responsible Authority you are advised to contact Council’s
                    Planning Unit when you are ready to have Council’s Solicitor prepare
                                 FI
                    the agreement.
 Council’s          A plan checking fee of 0.75% of the estimated cost of civil works and
 Engineering        a supervision fee of 2.5% of the estimated cost of civil works may be
 Unit               recovered by Council for work associated with Subdivision pursuant
                         N

                    to section 17(2) of the Subdivision Act 1988.
 Goulburn           Should you have any queries regarding Goulburn Murray Water
            O


 Murray Water       conditions, this authority contact Ranine McKenzie or e-mail
                    raninem@gmwater.
                    G-MW Ref: PP18504, File Ref: 2011/9/2 & DM Ref:3242168.
           C



 Telstra            Telstra Approval does not cover alterations to existing Telstra Plant or
                    Network.
 N




                    Locations of existing network can be obtained from Dial Before You
                    Dig – Ph: 1100.
                    For co-ordinated Telstra plant reticulation in this development, please
U




                    refer to www.telstrasmartcommunity.com to Register your
                    Development and Apply for Reticulation.
                    Should you have any queries regarding Telstra conditions, this
                    authority can be contacted on 5329 9056. To assist this authority in
                    handling any enquiries, please quote the reference number 34078
                    PID12543.
 Goulburn           If you require any further information regarding Goulburn Valley Water
 Valley Water       conditions, please contact Garfield Silvera on (03) 5832 0638.
                    Ref: 72−12 (GS:gs) DOCll/02708.
 VicRoads           For any queries on this matter please contact Lloyd Rowe by
                    telephone on (03) 5434 5000.
                    File:SY003MIT2550, Ref:1101984 & Letter No:6630.


                                             Page 48
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306921/12 (CONT’D)


 Department         If you have any queries, please contact Bernard Robb, DSE Statutory
 of                 Planner, North East Region on 5761 1553.
 Sustainability     Ref: SP440852.
 and
 Environment
 SPI Electricity    It is recommended that, the applicant commence negotiations with SP
                    AusNet as early as possible in order that supply arrangements can be
                    worked out in detail. Once supply arrangements are in place, all
                    permit conditions above are met and compliance has been achieved,
                    a Statement of Compliance letter will be provided to the municipality.
                    Prospective purchasers of lots on this plan should contact this office
                    to determine the availability of a supply of electricity. Financial
                    contributions may be required.




                                                       ED
                    Arrangements for the supply will be subject to obtaining the
                    agreement of other Authorities and any landowners affected by routes
                    of the electric power lines required to supply the lots and for any tree
                    clearing.
                    Should you have any queries regarding SPI Electricity conditions, this




                                                      M
                    authority can be contacted on 5760 2567. To assist this authority in
                    handling any enquiries, please quote the reference number
                    74146078.
                                   R
                                 FI
MOVED:                  CR. R. LEE
SECONDED:               CR. K. STEWART
                         N

THAT: Item 11.1 in relation to Planning Permit Application P306921/12 for a 118
lot staged subdivision at No. 51 Tootle Street Kilmore be deferred to a future
         O


Council meeting to enable the continued productive discussions with the applicant
in relation to the connection between Tootle Street and Centenary Drive.
        C



                                                                             CARRIED
                                                                                  9/0
 N
U




                                             Page 49
ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012


11.2   PLANNING PERMIT APPLICATION NO. P306874/11 - USE AND
       DEVELOPMENT OF THE LAND FOR A DWELLING AT NO. 520 WEST
       ROAD, PYALONG

Author:         Julian Edwards – Manager Statutory Planning and Building
File No:        113749/P306874/11
Reference:      Item 11.5 – 23 July 2012



Applicant:     Troy Spencer
Property:      Lot 2 PS331633M




                                                   ED
Address:       520 West Road, Pyalong
Zoning:        Farming Zone
Overlays:      Erosion Management Overlay (EMO)
Proposal:      Use and Development of the land for a dwelling.




                                            M
                               R                    Subject site
                             FI
                      N
        O
       C
 N
U




Introduction
This report was submitted again to the 27 August 2012 Council meeting where it
was resolved THAT: this item be deferred until a future Council meeting.
This report was submitted to the 23 July 2012 Council meeting where it was
resolved THAT: this item be deferred until a future Council meeting on Monday 27
August 2012.

This report recommends that Council issue a Notice of Refusal to Grant a
Planning Permit for Planning Application P306874/11, which seeks to use and
develop the land at No. 520 West Road, Pyalong for a dwelling. The application
was advertised and no objections were received.


                                       Page 50
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)


Proposal
This application proposes the use and development of the site with a dwelling. The
proposed dwelling will be single storey and located within the south west corner of
the site setback approximately 130m from the front boundary, 130m from the
western property boundary and approximately 400m from both the northern and
eastern property boundaries.
The proposed dwelling will contain up to 6 bedrooms, 3 living/lounge and family
rooms and other usual internal rooms. The dwelling inclusive of veranda and
alfresco will occupy approximately 410m2.
The plans submitted indicate that an effluent envelope will be located to the north
west of the dwelling and the dwelling will be accessed via a ‘track’ from West




                                                       ED
Road.
Environment and Sustainability Implications
The following issues relating to the environment and sustainability are associated
with this proposal:




                                                      M
•     Sustainable land management
•     Sustainable farming practices
•     Erosion risk
                                   R
•     Protection of native vegetation
                                 FI
History
Council records indicate that no previous planning applications have been made in
                         N

relation to the subject land.
Site Details
         O


The subject land is described as Lot 2 on PS331633M, and is located at No. 520
West Road, Pyalong.
        C



As shown in the map above, the property at No. 520 West Road is identified on the
Council GIS system and DPCD planning control site as one non contiguous
 N




property, however, the lot is clearly identified as Lot 2 on PS331633M and the
proposed application relates only to this allotment which is the eastern allotment as
shown on the map. The parent title also distinguishes between the two and it
U




appears to be a mapping error, although noted that the applicant has advised that
the owner currently resides at No. 520 West Road, indicating that there may not be
an error.

The subject land contains a peak or ridge towards the north east with the land
falling away in all directions, most notably at the rear with a plateau towards the
south west and location of the proposed dwelling.

The southern portion of the site is mostly devoid of vegetation, save for some
scattered trees, whilst the ridgeline to the north east contains greater densities,
primarily limited to a few species of Australian native trees.



                                             Page 51
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)


Planning Controls
The subject land is located in the Farming Zone pursuant to the Mitchell Planning
Scheme, and is also affected by the Erosion Management Overlay.
In accordance with the above zoning and overlay controls, the following provisions
of the Mitchell Planning Scheme trigger the need to obtain a planning permit for the
proposal:
Farming Zone
Clause 35.07-1 of the Scheme states that no planning permit is required for the
use of a dwelling provided that it is the only dwelling on the lot and the lot is at least
40ha. As the subject land is less than 40ha in area, a planning permit is required




                                                       ED
for the use of a dwelling. Clause 35.07-4 of the Scheme states that a planning
permit is required for any buildings and works associated with a permit required
use, and therefore planning approval for the construction of the proposed dwelling
is also sought under this provision.
Erosion Management Overlay




                                                      M
Clause 44.01-1 of the Scheme requires that a planning permit is obtained for any
buildings and works on land covered by the Erosion Management Overlay (EMO),
                                   R
unless the works comprise a road, domestic swimming pool, dependent person’s
unit or are exempted in the Schedule to the overlay. As the construction of a
                                 FI
dwelling is not a permit exempt activity pursuant to the Schedule to the EMO, a
planning permit is required.
                         N

Policy Implications
The following State and Local Planning Policy Framework are quoted given their
relevance to this proposal.
         O


State Planning Policy Framework
        C



Clause 12.01-1 (Protection of habitat) which has the objective:
        ‘To assist the protection and conservation of biodiversity, including native
 N




        vegetation retention and provision of habitats for native plants and animals
        and control of pest plants and animals’.
U




One of the listed strategies (amongst others) is to:
        ‘Ensure that the siting of new buildings and works minimises the removal or
        fragmentation of native vegetation’.
Clause 14.01-1 (Protection of agricultural land) which has the objective:
        ‘To protect productive farmland which is of strategic significance in the local
        or regional context’.
Some of the listed strategies (amongst others) are:
   •   In assessing rural development proposals, planning and responsible
       authorities must balance the potential off-site effects of rural land use
       proposals (such as degradation of soil or water quality and land salinisation)



                                             Page 52
ORDINARY COUNCIL MINUTES                                          24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)

       which might affect productive agricultural land against the benefits of the
       proposals.
   •   Planning for rural land use should consider land capability; and the potential
       impacts of land use and development on the spread of plant and animal
       pests from areas of known infestation into agricultural areas.
Clause 14.02-2 (Water quality) has the objective
        ‘To protect water quality.’
Some of the listed strategies (amongst others) are to:
   •   Ensure that land use activities potentially discharging contaminated runoff or
       wastes to waterways are sited and managed to minimise such discharges
       and to protect the quality of surface water and groundwater resources,




                                                       ED
       rivers, streams, wetlands, estuaries and marine environments.

Local Planning Policy Framework
The Local Planning Policy, as set out within the Municipal Strategic Statement at




                                                      M
Clause 21.05-1 states as policy the need to (amongst others):
   •    Protect farming and other agricultural practices from the encroachment of
        urban growth.
                                   R
   • Discourage the development of rural residential development within
        established agricultural areas.
   • Unplanned development of rural areas for residential development will not
                                 FI
        be provided for.
Local Planning Policy at Clause 22.02-1 seeks among other things to manage the
                         N

impact of urban development and growth on the productive capacity of surrounding
rural land and the environment generally.
Clause 22.04: Development in the Farming Zone
         O


For construction of buildings and land use, it is policy that all proposals for the
construction of a building or the use of land or a building in areas affected by this
        C



policy comply with water supply, road access and building and works requirements
in accordance with this Clause to adequately deal with fire emergencies.
 N




Clause 22.04-4 Construction of Dwellings on Small Lots in the Farming Zone
The policy basis for this Clause is that inappropriate development of existing
U




allotments with dwellings in the rural area can cause a de facto rural residential
environment. Council believes that broad scale farming land should be maintained
for agricultural operations and that the construction of dwellings unconnected with
agricultural activities on adjoining land can cause adverse effects, e.g.
   •   distortion of land values against its agricultural value
   •   conflicts over farming practices
   •   demand for services and infrastructure
The objective of this Clause is:
   •   To ensure that houses on existing allotments in the Farming Zone are only
       erected in conjunction with the agricultural use of the site.




                                             Page 53
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)


    •   To ensure that farming operations in the Farming Zone are not adversely
        constrained by the inappropriate construction of additional dwellings in
        nearby areas.
It is policy that:
    •   The construction of dwellings should be planned so that the existence of the
        dwelling does not adversely affect agricultural production of adjacent land.
        The dwelling should be sited so that adequate distances are maintained
        from boundaries.
    •   The construction of dwellings in locations which lead to a concentration of
        developed lots in the midst of a rural area will be discouraged.
    •   The construction of dwellings in such locations as to require the upgrading
        of adjacent road access or other infrastructure will be discouraged.




                                                       ED
    •   The construction of a dwelling on an allotment which has no formed road
        frontage will be discouraged, unless the applicant can provide proof of
        access by other legal means, e.g. carriageway easement. Applicants should
        note that Council may require construction at the applicant’s cost of
        unformed government road reserves to provide access and egress.




                                                      M
    •   Council will request that the applicant demonstrate that the construction of a
        dwelling will not adversely affect the capacity of the surrounding land to be
        used for farming purposes.
                                   R
Clause 22.05-1, with respect to agriculture, agro-forestry and processing has as its
                                 FI
objectives:
    •   Agricultural land will be protected as an economic and environmentally
        valuable resource.     Conversion of land to non-soil based use and
                         N

        development will be strongly discouraged unless there is no suitable site for
        the proposed use and development and overwhelming public benefit is
          O


        demonstrated.
    •   The retention of the resource of agricultural land in productive units will be
        preferred and the fragmentation of land will be strongly discouraged.
         C



Referrals
 N




There were no external or internal referrals required for the proposal.

Notification
U




Pursuant to the provisions of Section 52 of the Planning and Environment Act
1987, notice of this application was given to the owners and occupiers of
surrounding properties by mail.

At the end of the 14 day advertising period, no objections to the proposal were
received.

Planning Officer Assessment
The decision guidelines outlined at Clause 65 of the Mitchell Planning Scheme
require that consideration be given to a variety of matters in the assessment of an
application, including the State and Local Planning Policy Framework, the purpose


                                             Page 54
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)


of the zone and overlays, orderly planning and the impact of the proposal on the
amenity of the area.

Response to Policy Framework
The State Planning Policy Framework establishes the importance of a strong rural
economy and the need to promote and protect agricultural and rural production.

Clause 11.05-3 requires decision-makers to promote agricultural use in rural areas
by maintaining land in lots large enough to sustain viable agriculture, discouraging
the creation of small lots for dwellings, encouraging the consolidation of existing
small lots into larger parcels, limiting rural-residential development in rural areas
and directing residential development into existing towns.




                                                       ED
Clause 14.01-1 requires the protection of productive farmland, and highlights that
subdivision should not detract from the long term capacity of productive agricultural
land to continue production. Clause 14.01-1 requires consideration of the potential
impacts of a proposal on the continuance of agricultural production on adjacent
land, particularly regarding land values and infrastructure, and the compatibility of




                                                      M
the proposal with existing land uses nearby.

Clause 16.02-1 seeks to achieve orderly rural development. This is to be
                                   R
accomplished by reducing the amount of new rural-residential development in
farming areas and directing residential growth to existing settlements where
                                 FI
physical and community infrastructure is available. Persons seeking rural-
residential lifestyles should be directed to areas where land is specifically zoned for
that purpose. This orderly and strategic approach to rural-residential development
                         N

avoids negative economic, social and environmental impacts.

Productive agricultural land is to be protected from inappropriate use and
         O


development including subdivision of land into small lots and provision of
unnecessary dwellings. Whilst the applicant in this instance has stated that the
proposed dwelling is to be occupied in association with existing sheep grazing,
        C



there has been no evidence provided to suggest that the dwelling is needed to
operate the agricultural use of sheep grazing.
 N




The development of dwellings on small lots in the Farming Zone has the potential
to create a de-facto rural-residential area, which not only removes land from
U




productive agricultural activity but also raises land values beyond that normally
associated with agricultural land. Such an outcome ultimately constrains the
expansion and diversification of agricultural production and rural industry in areas
designated for such activities. This effect is discussed in Rehn v Mitchell SC
[2011] VCAT 229, where Member Hewet notes:
      The impact of permitting dwellings on small rural lots in the Farming
      Zone is incremental in nature and that care must be exercised not to
      lose sight of the cumulative effect of each dwelling when considering
      applications for individual proposals. The failure to do so will lead
      inevitably to the circumstances where the proliferation of dwellings on
      small lots changes the character of a locality to rural residential and
      productive agricultural land is lost forever.


                                             Page 55
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)


Given the proposal will essentially create a rural residential lot, it is considered that
the various objectives and strategies of the State Planning Policy Framework, as
outlined above, cannot be met by the proposal in this instance.

Clause 22.04-4 of the Scheme provides Council’s policy position in regards to the
construction of dwellings on small lots in the Farming Zone. This policy
emphasises that broad scale farming land should be maintained for agricultural
operations as the construction of dwellings unconnected with agricultural activities
on adjoining land can cause adverse effects (including the distortion of land values
against its agricultural value, conflicts over farming practices and demand for
services and infrastructure).

The intent of the Local policies is similar to that of the State policies in that land




                                                       ED
fragmentation and rural residential development within established agricultural
areas is discouraged in order to protect farming and agricultural practices from a
range of issues associated with urban encroachment.

Given that agriculture requires the use of heavy machinery, chemical sprays and




                                                      M
other equipment that results in the emission of noise, light and odour at any time of
day or night, the encroachment of sensitive land uses (such as dwellings) on
farming land often reduces the ability of landowners to unrestrictedly work their
                                   R
properties for agricultural purposes. In areas where agricultural land uses are
prioritised, the proliferation of sensitive uses such as dwellings should be avoided
so as to reduce the impact of agricultural land use on dwelling amenity as well as
                                 FI
vice versa.

In this instance, the proposal is not consistent with the above policies and should
                         N

therefore not be supported.
         O


Land Use
In accordance with the provisions of Clause 35.07 of the Mitchell Planning
Scheme, a permit is required for a dwelling on a lot less than 40 hectares in area.
        C



In accordance with the purpose of the zone, any proposed use of the land should
 N




support and enhance the agricultural production of the land. In this instance, it
must be established that the dwelling is reasonably required to support the use of
the land for agricultural purposes and will encourage the retention of productive
U




agricultural land.

The proposed (up to 6 bedroom) dwelling occupying some 400m2 of area does not
appear to have been proposed in association with the sheep grazing occurring on
site as there is no link provided or evidence submitted. The applicant has
submitted a Whole Farm Plan (WFP) that appears to deal with how the site will be
managed through monitoring vegetation levels and fencing off grazing areas,
however what the plan fails to acknowledge or address is why a dwelling is
required to graze the sheep.




                                             Page 56
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)


The sheep can be grazed and the site can be managed without the need for a
dwelling, especially one of the size proposed and there has been no information,
evidence or justification submitted that supports the need for a dwelling.

Erosion Management Overlay (EMO)

Pursuant to Clause 44.01 of the Scheme, the subject site is affected by the Erosion
Management Overlay (EMO).

No vegetation will be removed from the subject land in order to facilitate the
proposed dwelling. Conditions could protect the site during the construction of the
dwelling and therefore minimise erosion risk.




                                                       ED
Conclusion
It is considered that the proposed dwelling on the land at No. 520 West Road,
Pyalong is inconsistent with the State and Local Planning Policy Frameworks as
outlined in the Mitchell Planning Scheme and is inconsistent with the purpose and
intent of the Farming Zone


RECOMMENDATION
                                                      M
                                   R
THAT: Council resolve to issue a Refusal to Grant a Planning Permit in respect of
                                 FI
application number P306874/11 for the use and development of a dwelling at No.
520 West Road, Pyalong on the following grounds:
1.    The proposal is inconsistent with Clause 11.05-3, 14.01-1 and 16.02-1 of the
                         N

      Mitchell Planning Scheme as the proposal will result in the development of
      isolated small lots in the Farming Zone with a single dwelling for rural living
      purposes, the proposal will not protect productive farmland (including
         O


      detracting from the long term capacity of productive agricultural land to
      continue production) and will not reduce the amount of new rural-residential
        C



      development in farming areas (including failing to direct residential growth to
      existing settlements).
 N




2.    The proposal is inconsistent with Clause 21.05 of the Mitchell Planning
      Scheme as it does not discourage rural residential development within
      established agricultural areas and protect farming and agricultural practices
U




      from the encroachment of urban growth.
3.    The proposal is inconsistent with Clause 22.02, 22.04 and 22.05 of the
      Mitchell Planning Scheme as it fails to manage the impact of urban
      development and growth on the productive capacity of surrounding rural land
      and the environment, will result in the fragmentation of productive agricultural
      land (including reducing the productive capacity of the land) and prevents the
      retention of agricultural land in productive units.
4.    The proposal is inconsistent with the purpose and intent of Clause 35.07 ‘the
      Farming Zone’ of the Mitchell Planning Scheme as the proposal will adversely
      affect the use of land for agriculture.
5.    The proposal will not be orderly and proper planning.


                                             Page 57
ORDINARY COUNCIL MINUTES                               24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)



SUSPENSION OF STANDING ORDERS
In accordance with Division 14, Clause 85 of Local Law No. 4 – Meeting
Procedures.


MOVED:                  CR. K. STEWART
SECONDED:               CR. R. LEE

THAT: Standing Orders be suspended to enable Councillor and Officer only
discussion on Item 11.2 of the Sustainable Development reports.




                                                       ED
                                                                CARRIED
                                                                     9/0
Standing Orders were suspended at 7.43pm.



RESUME STANDING ORDERS

                                                      M
                                   R
In accordance with Division 14, Clause 85 of Local Law No. 4 – Meeting
Procedures.
                                 FI
MOVED:                  CR. G. COPPEL
                         N

SECONDED:               CR. T. TOBIAS
         O


THAT: Standing Orders be resumed.
        C



                                                                CARRIED
                                                                     9/0
Standing Orders resumed at 7.49pm.
 N
U




                                             Page 58
ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)




MOVED:                  CR. R. PARKER
SECONDED:               CR. R. LEE

THAT: Council resolve to grant a planning permit for application P306874/12 for
the use and development of a dwelling at No. 520 West Road, Pyalong, subject to
the following conditions:

1.    Unless otherwise agreed in writing by the Responsible Authority, prior to the
      commencement of the use and development hereby permitted, three (3)
      copies of an updated Whole Farm Plan (Farm Strategy) must be submitted to
      and approved by the Responsible Authority. Such plan must be generally in




                                                       ED
      accordance with the plan submitted with the application but modified to show:

      (a)   Clear details of the farming use of the site and outline of the relationship
            between the dwelling and the farming use;




                                                      M
      (b)   Clear nomination of areas set aside on the site (including fencing) for
            the respective farming practices which must form the predominant
            activity within the subject site;
                                   R
      (c)   Comprehensive details of how farming practices will be implemented on
            site having regard to the actual farming use (ie. Numbers of animals if
                                 FI
            applicable, animal management if applicable, plans showing areas set
            aside for grazing or planting of crops including type, details of
            infrastructure actually being constructed to accommodate the farming
                         N

            uses, any business plans, sales and marketing and links with the onsite
            residence);
         O


      (d)   Detail land management practices including protection of vegetation,
            management of any erosion or salinity applicable to the site;
        C



      (e)   Detail timeframes for commencing the respective farming practices prior
            to commencement of construction of the dwelling including any
 N




            necessary infrastructure.

2.    The use and development as shown on the endorsed plans and as described
U




      in the endorsed documents must not be altered or modified without the
      written consent of the Responsible Authority.

3.    The land must be managed in accordance with the approved Whole Farm
      Plan, endorsed as part of this planning permit and shall not be altered or
      modified without the prior written consent of the Responsible Authority. The
      Whole Farm Plan is an enduring document and should be kept with the
      planning permit for the land.

4.    All external materials to be used in the construction of the buildings hereby
      permitted shall be of muted toning and non-reflective to the satisfaction of the
      responsible authority.



                                             Page 59
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)


5.    Vehicular crossings must be constructed to suit the proposed driveway to the
      satisfaction of council.

6.    Access to the dwelling must be provided via an all-weather road with
      dimensions adequate to accommodate emergency vehicles.

7.    The dwelling must be connected to a reticulated sewerage system or if not
      available, the waste water must be treated and retained on-site in accordance
      with the State Environment Protection Policy (Waters of Victoria) under the
      Environment Protection Act 1970.

8.    The dwelling must be connected to a reticulated potable water supply or have
      an alternative potable water supply with adequate storage for domestic use




                                                       ED
      as well as for fire fighting purposes.

9.    The dwelling must be connected to a reticulated electricity supply or have an
      alternative energy source.

Time Condition




                                                      M
10. In accordance with section 68 of the Planning and Environment Act 1987, this
    permit will expire if one of the following circumstances applies:
                                   R
      •     The development is not commenced within two years of the date of this
                                 FI
            permit;
      •     The development is not completed within four years of the date of this
            permit;
                         N

      •     The use is not commenced within four years of the date of this permit; or
      •     The use is discontinued for a period of two years.
           O


      In accordance with section 69 of the Planning and Environment Act 1987, the
      Responsible Authority may extend the periods referred to if a request is made
          C



      in writing before the permit expires, or within three months afterwards.
 N




Notes
Relevant             Information provided to assist the applicant or owner
U




Authority

Council              Please note that this approval does not constitute a Building
Building Unit        Permit. You should enquire with Council’s Building Services Unit on
                     5734 6230 to ascertain if a building permit is required for this
                     proposal.

Council’s            Should the owner/applicant propose to manage the land differently
Planning Unit        than as per the endorsed Farm Management Plan, then the
                     owner/applicant must apply to Council for an Amendment to the
                     Planning Permit to vary from the endorsed Farm Management Plan.



                                             Page 60
ORDINARY COUNCIL MINUTES                                       24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306874/11 (CONT’D)



                     This permit does not allow for the removal of any vegetation.



Environmental        An application for permission to install a “septic tank system” must
Health               be submitted to the Environmental Health Unit with the prescribed
                     fee showing distances from boundaries and size of the effluent field.
                     Any subsequent permit issued in accordance with the Environment
                     Protection Act 1970 must be issued prior to any works commencing
                     on the site or a building permit being granted for the proposed
                     dwelling.




                                                       ED
                                                      M
                                                                            CARRIED
                                   R                                             7/2
                                 FI
                         N
         O
        C
 N
U




                                             Page 61
ORDINARY COUNCIL MINUTES                                    24 SEPTEMBER 2012


11.3   PLANNING PERMIT APPLICATION NO. P306974/12 - USE AND
       DEVELOPMENT OF THE LAND FOR A DWELLING - NO. 492
       BOUNDARY ROAD WILLOWMAVIN

Author:        Teresa Hendy – Senior Statutory Planner
File No:       P306974/12 / 105332



Applicant:    Shelly Biancon
Property:     Lot 1 on TP439935F and Lot 1 on TP879043P
Address:      No. 492 Boundary Road Willowmavin
Zoning:       Farming Zone




                                                   ED
Overlay(s):   Salinity Management Overlay
Proposal:     To use and develop the land for a dwelling




                                               M
                                    R
                   Subject site
                                  FI
                                    Land in
                                    common
                     N

                                    ownershi
        O
       C
 N




Summary
U




This report recommends that Council issue a Notice of Refusal to grant a
planning permit for application number P306974/12, which seeks permission to
use and develop the land for a dwelling at No. 492 Boundary Road Willowmavin.
The application was advertised and one (1) objection was received.

Proposal
This application proposes the development and use of the site for a dwelling. The
proposed dwelling will be single storey and located to the south of the site setback
approximately 40 metres from the front boundary, 5 metres from the eastern
property boundary, 15 metres from the western boundary and approximately 140
metres from the rear boundary.


                                      Page 62
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


The proposed dwelling will contain 3 bedrooms, kitchen, dining, and living rooms,
ensuite to the main bedroom, bathroom and porch.
The plans submitted indicate that an effluent envelope will be located to the north
of the dwelling and no details of a driveway have been provided.
History
Council records show that no previous planning permit applications have been
made on the lot subject of this application.

Site Details
The land is made up of 2 parcels of land being Lot 1 on TP439935F and Lot 1 on
TP879043P which are contiguous and located on the north of side of Boundary




                                                       ED
Road, on the corner of Willowmavin Road. The land has the following approximate
dimensions:

Lot 1 on TP439935F




                                                      M
 North boundary – rear                                   35.91m
 South boundary – front                                  35.91m
 East boundary – side                                    212.43m
 West boundary – side
                                   R                     212.53m
 Total site area                                         7487m2
                                 FI
Lot 1 on TP879043P
                         N

 North boundary – rear                                   35.91m
 South boundary – front                                  35.91m
 East boundary – side                                    184.75m
         O


 West boundary – side                                    184.75m
 Total site area                                         6634m2
        C



The site is a narrow strip of land which is essentially flat and is currently the subject
of planning enforcement due to the use of the land for a works depot which is being
 N




pursued separately. The land contains no built structures and has a small amount
of planted vegetation on the site. The land was formerly a railway reserve for the
train line between Willowmavin and Heathcote.
U




The surrounding area is rural land in the Farming Zone consisting of land parcels
ranging in size from smaller lots between 3.78ha to 11ha and larger lots above
40ha. The land appears to be used primarily for grazing purposes. The land varies
from flat to gently undulating. There are a number of dwellings in the general area
and these include a dwelling on the abutting land to the east which is in common
ownership with the subject site.

The outskirts of the Kilmore township are located approximately 4km to the south
east.




                                             Page 63
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)

Restrictive Covenants

No covenant or restrictions have been registered on title to this property.

Planning Controls
The subject land is located in the Farming Zone pursuant to the Mitchell Planning
Scheme, and is also affected by the Erosion Management Overlay.
In accordance with the above zoning and overlay controls, the following provisions
of the Mitchell Planning Scheme trigger the need to obtain a planning permit for the
proposal:
Farming Zone




                                                       ED
Clause 35.07-1 of the Planning Scheme states that no planning permit is required
for the use of a dwelling provided that it is the only dwelling on the lot and the lot is
at least 40ha. As the subject land is less than 40ha in area, a planning permit is
required for the use of a dwelling. Clause 35.07-4 of the Planning Scheme states




                                                      M
that a planning permit is required for any buildings and works associated with a
permit required use, and therefore planning approval for the construction of the
proposed dwelling is also sought under this provision.
                                   R
Salinity Management Overlay
                                 FI
Clause 44.02-1 of the Planning Scheme requires that a planning permit is obtained
for any buildings and works on land covered by the Salinity Management Overlay
not meeting a specified exemption. It also specified that an application must be
                         N

referred to the Department of Sustainability and Environment pursuant to Section
55 of the Planning and Environment Act 1987.
         O


Policy Implications
The following State and Local Planning Policy Framework are quoted given their
        C



relevance to this proposal.

State Planning Policy Framework
 N




Clause 12.01-1 (Protection of habitat) which has the objective:
        ‘To assist the protection and conservation of biodiversity, including native
U




        vegetation retention and provision of habitats for native plants and animals
        and control of pest plants and animals’.
One of the listed strategies (amongst others) is to:
        ‘Ensure that the siting of new buildings and works minimises the removal or
        fragmentation of native vegetation’.
Clause 14.01-1 (Protection of agricultural land) which has the objective:
        ‘To protect productive farmland which is of strategic significance in the local
        or regional context’.




                                             Page 64
ORDINARY COUNCIL MINUTES                                          24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


Some of the listed strategies (amongst others) are:
   •   In assessing rural development proposals, planning and responsible
       authorities must balance the potential off-site effects of rural land use
       proposals (such as degradation of soil or water quality and land salinisation)
       which might affect productive agricultural land against the benefits of the
       proposals.
   •   Planning for rural land use should consider land capability; and the potential
       impacts of land use and development on the spread of plant and animal
       pests from areas of known infestation into agricultural areas.
Clause 14.02-2 (Water quality) has the objective
        ‘To protect water quality.’




                                                       ED
Some of the listed strategies (amongst others) are to:
   •   Ensure that land use activities potentially discharging contaminated runoff or
       wastes to waterways are sited and managed to minimise such discharges
       and to protect the quality of surface water and groundwater resources,




                                                      M
       rivers, streams, wetlands, estuaries and marine environments.

Local Planning Policy Framework
                                   R
The Local Planning Policy, as set out within the Municipal Strategic Statement at
Clause 21.05-1 states as policy the need to (amongst others):
                                 FI
   •   Protect farming and other agricultural practices from the encroachment of
       urban growth.
   •   Discourage the development of rural residential development within
                         N

       established agricultural areas.
   •   Unplanned development of rural areas for residential development will not
       be provided for.
         O


Local Planning Policy at Clause 22.02-1 seeks among other things to manage the
        C



impact of urban development and growth on the productive capacity of surrounding
rural land and the environment generally.
Clause 22.04: Development in the Farming Zone
 N




For construction of buildings and land use, it is policy that all proposals for the
construction of a building or the use of land or a building in areas affected by this
U




policy comply with water supply, road access and building and works requirements
in accordance with this Clause to adequately deal with fire emergencies.
Clause 22.04-4 Construction of Dwellings on Small Lots in the Farming Zone
The policy basis for this Clause is that inappropriate development of existing
allotments with dwellings in the rural area can cause a de facto rural residential
environment. Council believes that broad scale farming land should be maintained
for agricultural operations and that the construction of dwellings unconnected with
agricultural activities on adjoining land can cause adverse effects, e.g.
   •   distortion of land values against its agricultural value
   •   conflicts over farming practices
   •   demand for services and infrastructure


                                             Page 65
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


The objective of this Clause is:
    •   To ensure that houses on existing allotments in the Farming Zone are only
        erected in conjunction with the agricultural use of the site.
    •   To ensure that farming operations in the Farming Zone are not adversely
        constrained by the inappropriate construction of additional dwellings in
        nearby areas.
It is policy that:
    •   The construction of dwellings should be planned so that the existence of the
        dwelling does not adversely affect agricultural production of adjacent land.
        The dwelling should be sited so that adequate distances are maintained
        from boundaries.
    •   The construction of dwellings in locations which lead to a concentration of




                                                       ED
        developed lots in the midst of a rural area will be discouraged.
    •   The construction of dwellings in such locations as to require the upgrading
        of adjacent road access or other infrastructure will be discouraged.
    •   The construction of a dwelling on an allotment which has no formed road




                                                      M
        frontage will be discouraged, unless the applicant can provide proof of
        access by other legal means, e.g. carriageway easement. Applicants should
        note that Council may require construction at the applicant’s cost of
                                   R
        unformed government road reserves to provide access and egress.
    •   Council will request that the applicant demonstrate that the construction of a
        dwelling will not adversely affect the capacity of the surrounding land to be
                                 FI
        used for farming purposes.

Clause 22.05-1, with respect to agriculture, agro-forestry and processing has as its
                         N

objectives:
    •   Agricultural land will be protected as an economic and environmentally
          O


        valuable resource.     Conversion of land to non-soil based use and
        development will be strongly discouraged unless there is no suitable site for
        the proposed use and development and overwhelming public benefit is
         C



        demonstrated.
    •   The retention of the resource of agricultural land in productive units will be
 N




        preferred and the fragmentation of land will be strongly discouraged.

Referrals
U




The application was referred to the Department of Sustainability and Environment
(DSE) pursuant to Clause 66 of the Mitchell Planning Scheme and Section 55 of
the Planning and Environment Act 1987. DSE provided no objection to the
proposal.

Notification
Pursuant to Section 52 of the Planning and Environment Act 1987, notice of this
application was given to the owners and occupiers of surrounding properties by
mail.




                                             Page 66
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


At the end of the 14 day advertising period, one (1) objection to the proposal was
received. Grounds of objection are as follows:
•   Impact of existing farming practices on the future amenity of the proposed
    dwelling (cattle noise in proximity of the proposed dwelling); and
•   Screen planting of trees should be included as part of the proposal.

Planning Officer Assessment
Agricultural use of the land

The purpose of the Farming Zone includes to provide for the use of land for
agriculture, to encourage the retention of productive agricultural land, to ensure
that non-agricultural uses, particularly dwellings, do not adversely affect the use of




                                                       ED
land for agriculture and to encourage use and development of land based on
comprehensive and sustainable land management practices and infrastructure
provision.

The proposal is considered to be inconsistent with the intent of the Farming Zone




                                                      M
and the support of long term sustainable agriculture and land use in the Shire. In
particular, the use of the land for a dwelling must assess and evaluate whether the
dwelling is reasonably required for the operation of the agricultural activity
conducted on the land.
                                   R
                                 FI
In consideration of the above, it is considered that a residence is not required for
the operation of agricultural activity, which is unknown at this stage on the subject
site. The site is presently being used as a work depot and there has been no
                         N

information provided regarding the existing or proposed agricultural activity and
what the relationship between the use and dwelling actually are. This is
particularly evident as any farming activity on the land can be supported by the
         O


land owner from their existing residence on the abutting land. Any dwelling on the
land would therefore be in excess to the needs of the land to support agriculture.
The lifestyle which would be attained by a dwelling on such a small parcel of land
        C



would be better suited to land in a rural living or low density residential zoning.
 N




Clause 22.04-4 of the Mitchell Planning Scheme, states:

“The construction of dwellings in locations which lead to a concentration of
U




developed lots in the midst of a rural area will be discouraged.”

and

“The construction of dwellings should be planned so that the existence of the
dwelling does not adversely affect agricultural production of adjacent land.”

Clause 22.04-4 of the Mitchell Planning Scheme requires that farming operations in
the zone are not adversely constrained by the inappropriate construction of
additional dwellings in nearby areas. It is not possible to rule out the potential for
normal agricultural activities to impact on residential use of the land and thereby
lead to an attempt to constrain normal agricultural activity and long term economic
viability. Importantly, it is noted that an adjoining farming practice has identified

                                             Page 67
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


that noise associated with cattle will be occurring in proximity of the dwelling and
this can loud and over extended periods of time. It has been suggested that
screen planting may assist reduce the noise, however it would not resolve the
situation and is an example of why dwellings are often discouraged in the farming
zone.

Compliance with strategic objectives

The Department of Sustainability and Environment practice note “Applying the rural
zones of March 2007” states that the use and development of rural areas should fit
into the overall strategic plan of the municipality, housing needs and settlement
strategy. The practice note states that inappropriate ad hoc use and development
in rural areas should be discouraged. The Mitchell Planning Scheme, at Clause




                                                       ED
21.04, directs residential growth and small lot residential development to be
concentrated along the ‘Hume Growth Corridor’, which follows the freeway and
Melbourne to Sydney railway line, and around the Shire’s towns. The strategy
seeks to protect rural areas and the integrated planning of this area is critical in
terms of the management of the environment, maintenance of water quality in




                                                      M
streams and the development and co-ordination of the demand for infrastructure,
particularly the provision of reticulated sewerage and the development of
community services and facilities.
                                   R
Clause 11.05-3 requires decision-makers to promote agricultural use in rural areas
by maintaining land in lots large enough to sustain viable agriculture, discouraging
                                 FI
the creation of small lots for dwellings, encouraging the consolidation of existing
small lots into larger parcels, limiting rural-residential development in rural areas
and directing residential development into existing towns.
                         N

Clause 14.01-1 requires the protection of productive farmland, and highlights that
         O


subdivision should not detract from the long term capacity of productive agricultural
land to continue production. Clause 14.01-1 requires consideration of the potential
impacts of a proposal on the continuance of agricultural production on adjacent
        C



land, particularly regarding land values and infrastructure, and the compatibility of
the proposal with existing land uses nearby.
 N




Clause 16.02-1 seeks to achieve orderly rural development. This is to be
accomplished by reducing the amount of new rural-residential development in
U




farming areas and directing residential growth to existing settlements where
physical and community infrastructure is available. Persons seeking rural-
residential lifestyles should be directed to areas where land is specifically zoned for
that purpose. This orderly and strategic approach to rural-residential development
avoids negative economic, social and environmental impacts.

The subject site is in common ownership with the directly abutting land to the east,
which is a total of 4.46ha. The two lots in common ownership should be
consolidated (increasing to almost 6ha) as recommended by state policy
objectives. The consolidation of the two lots would increase the area of the land to
the east and result in a more feasibly productive agriculture land parcel, albeit still
on the smaller side. Further, any form of proposed agriculture which may be
undertaken on the subject site, whether grazing or a more intensive form of


                                             Page 68
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


production, could be managed directly by the land owners from their adjacent land,
the dwelling of which is located approximately 125m from the common boundary. A
new dwelling would not be required to support agriculture on the subject site.

The need to clearly define boundaries of established townships is outlined within
Clause 21.05 of the Mitchell Planning Scheme which specifies:

“A clear ‘urban edge’ for each town has been provided for and is shown in the
structure plans prepared for each town and by the use of the Rural zone zoning
around each town. This pattern of development is designed to reinforce the rural
setting and character of each town and facilitate a co-ordinated provision of
infrastructure services and community facilities within the town boundaries.”




                                                       ED
The development of dwellings on small lots in the Farming Zone has the potential
to create a de-facto rural-residential area, which not only removes land from
productive agricultural activity but also raises land values beyond that normally
associated with agricultural land. Such an outcome ultimately constrains the
expansion and diversification of agricultural production and rural industry in areas




                                                      M
designated for such activities. This effect is discussed in Rehn v Mitchell SC
[2011] VCAT 229, where Member Hewet notes:
                                   R
      The impact of permitting dwellings on small rural lots in the Farming
      Zone is incremental in nature and that care must be exercised not to
      lose sight of the cumulative effect of each dwelling when considering
                                 FI
      applications for individual proposals. The failure to do so will lead
      inevitably to the circumstances where the proliferation of dwellings on
      small lots changes the character of a locality to rural residential and
                         N

      productive agricultural land is lost forever.
         O


Given the proposal will essentially create a rural residential lot, it is considered that
the various objectives and strategies of the State Planning Policy Framework, as
outlined above, cannot be met by the proposal in this instance.
        C



Infrastructure and access
 N




Clause 16.02-1 of the Mitchell Planning Scheme, Rural residential development,
directs Responsible Authorities to reduce the proportion of new housing
U




development provided in rural areas and encourage the consolidation in existing
settlements where investment in physical and community infrastructure and
services has already been made. The closest township with a full range of services
and facilities is located approximately 5.5km south east in Kilmore.

The general area of the subject site is considered to be in an area unsuitable for
rural residential style development. The area has not been identified in Council’s
strategic plans for this type of use or development and although there are 5 or 6
existing dwellings nearby, this does not warrant support of this application as an
existing settlement.




                                             Page 69
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


Environment and sustainability implications

Clause 35.07 of the Mitchell Planning Scheme encourages the use and
development of land based on comprehensive and sustainable land management
practices and infrastructure provision. While the subject site is acknowledged as
being land formed as part of an old railway reserve and not a crown allotment or
subdivided lot, the fragmentation of farming land is inconsistent with the intent of
the Farming Zone and numerous planning policies as previously discussed.

The responsible authority must also consider the potential for the proposal to lead
to a concentration or proliferation of dwellings in the area and the impact of this on
the use of the land for agriculture. The Mitchell Planning Scheme contains
numerous policies relating to directing development to established areas, both to




                                                       ED
build settlement on established infrastructure and services and avoid the adverse
effects of service demands and, importantly, to prevent the establishment of a
pattern of rural living settlement. As noted above, although there are some 5 or 6
dwellings surrounding the subject site, these do not constitute a converted area
that is now primarily residential. Care must be provided to ensure incremental




                                                      M
change does not occur as a result of cumulative additional dwellings.

Overlay Implications
                                   R
The land is covered by a Salinity Management Overlay which requires referral to
DSE who responded by advising they had no objection to the proposal.
                                 FI
No details of proposed land management have been provided to indicate site
improvements to minimise any dry land salinity, however these could be managed
                         N

as a condition of permit.
         O


Conclusion
It is considered that the proposed dwelling on the land at No. 492 Boundary Road,
Willowmavin, is inconsistent with the State and Local Planning Policy Frameworks
        C



as outlined within the Mitchell Planning Scheme and is inconsistent with the
purpose and intent of the Farming Zone.
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                                             Page 70
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


RECOMMENDATION

THAT: a Refusal to Grant a Planning Permit be issued for application number
P306974/12 to use and develop the land for a dwelling at No. 492 Boundary Road,
Willowmavin on the following grounds:

1.    The proposal is inconsistent with Clauses 11.05-3, 14.01-1 and 16.02-1 of the
      Mitchell Planning Scheme as the proposal will result in the development of
      isolated small lots in the Farming Zone with a single dwelling for rural living
      purposes, the proposal will not protect productive farmland (including
      detracting from the long term capacity of productive agricultural land to
      continue production), does not consolidate an existing opportunity with
      adjacent land and will not reduce the amount of new rural-residential




                                                       ED
      development in farming areas (including failing to direct residential growth to
      existing settlements).

2.    The proposal is inconsistent with Clause 21.05 of the Mitchell Planning
      Scheme as it does not discourage rural residential development within




                                                      M
      established agricultural areas and protect farming and agricultural practices
      from the encroachment of urban growth.

3.
                                   R
      The proposal is inconsistent with Clause 22.02, 22.04 and 22.05 of the
      Mitchell Planning Scheme as it fails to manage the impact of urban
      development and growth on the productive capacity of surrounding rural land
                                 FI
      and the environment, will result in the fragmentation of productive agricultural
      land (including reducing the productive capacity of the land), will not be used
      in conjunction with an agricultural use and prevents the retention of
                         N

      agricultural land in productive units.

4.    The proposal is inconsistent with the purpose and intent of Clause 35.07 ‘the
         O


      Farming Zone’ of the Mitchell Planning Scheme as the proposal will adversely
      affect the use of land for agriculture.
        C



5.    The proposal will not be orderly and proper planning.
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MOVED:                  CR K. MULRONEY
U




SECONDED:               CR. T. TOBIAS

THAT: Council resolve to issue a Notice of Decision to Grant a Planning Permit for
application P306974/12 for the use and development of a dwelling at No. 492
Boundary Road, Willowmavin, subject to the following conditions:

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


                                             Page 71
ORDINARY COUNCIL MINUTES                                     24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)



      a) a site layout plan drawn at a scale of 1:100 or 1:200 including:
           i. title boundaries
          ii. levels and contours of the land shown in AHD
         iii. location of all existing and proposed buildings and works
         iv. all vehicle access, driveways, vehicle crossings, location of car
              parking spaces
          v. any waterways (including wetlands or floodplains) located within
              100m of the site
         vi. any vegetation located on the site
        vii. dense screen planting and vegetation comprising a mixture of trees
              and shrubs along the western boundary (outside of the easement)
              Adjacent to the proposed dwelling




                                                       ED
      b) fully dimensioned floor plans drawn at a scale of 1:100 or 1:200 for the
         dwelling and any other structure

      c) fully dimensioned elevation plans drawn at a scale of 1:100 or 1:200 with




                                                      M
         wall heights and overall/total heights annotated on the plans above
         natural ground level and details of the materials and finishes.
                                   R
2.    The use and development as shown on the endorsed plans must not be
      altered or modified without the prior written consent of the Responsible
      Authority.
                                 FI
3.    The dwelling must be connected to a reticulated sewerage system or if not
      available, the waste water must be treated and retained on-site in accordance
                         N

      with the State Environment Protection Policy (Waters of Victoria) under the
      Environment Protection Act 1970.
         O


4.    The dwelling must be connected to a reticulated potable water supply or have
      an alternative potable water supply with adequate storage for domestic use
        C



      as well as for fire fighting purposes.

5.    The dwelling must be connected to a reticulated electricity supply or have an
 N




      alternative energy source.
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6.    The site must be drained so as to prevent the discharge of stormwater
      causing damage and nuisance from the subject land onto adjoining land to
      the satisfaction of the Responsible Authority.

7.    The owner/developer must ensure that the site is developed and managed to
      minimise the risk of stormwater pollution through the contamination of run-off
      by sediments, chemicals or gross pollutants in accordance with currently
      accepted best practice.

8.    Access to the dwelling must be provided via an all-weather road with
      dimensions adequate to accommodate emergency vehicles.




                                             Page 72
ORDINARY COUNCIL MINUTES                                      24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


9.    All external materials to be used in the construction of the buildings hereby
      permitted shall be of muted tonings and non-reflective to the satisfaction of
      the Responsible Authority.

10. At the completion of the building/works all areas of disturbed ground shall be
    stabilised and revegetated to the satisfaction of the Responsible Authority.

11. Before the development starts, an Environmental Management Plan for the
    site must be submitted to and approved by the Responsible Authority. When
    approved, the Environmental Management Plan will be endorsed and then
    form part of the permit. The Environmental Management Plan must include
    details of weed and pest management, re-vegetation and any other land
    management activities to be undertaken on the site, to the satisfaction of the




                                                       ED
    Responsible Authority.

12. Prior to the occupation of the dwelling, the owner must enter into an
    agreement pursuant to Section 173 of the Planning and Environment Act
    1987, which provides for the following:




                                                      M
    (a) Unless with the prior written consent of the Responsible Authority, the
        land must be managed in accordance with the Environmental
        Management Plan endorsed as part of this planning permit.
                                   R
      The Agreement must be registered on the title to the land and the permit
      holder must pay the reasonable costs of the preparation, execution and
                                 FI
      registration of the Section 173 Agreement.

13. In accordance with section 68 of the Planning and Environment Act 1987, this
                         N

    permit will expire if one of the following circumstances applies:
      •    The development is not commenced within two years of the date of this
           O


           permit;
      •    The development is not completed within four years of the date of this
          C



           permit;
      •    The use is not commenced within four years of the date of this permit; or
 N




      •   The use is discontinued for a period of two years.
      In accordance with section 69 of the Planning and Environment Act 1987, the
      Responsible Authority may extend the periods referred to if a request is made
U




      in writing before the permit expires, or within three months afterwards.




                                             Page 73
ORDINARY COUNCIL MINUTES                                        24 SEPTEMBER 2012
PLANNING PERMIT APPLICATION NO. P306974/12 (CONT’D)


Notes
Relevant             Information provided to assist the applicant or owner
Authority

Council              Please note that this approval does not constitute a Building
Building Unit        Permit. You should enquire with Council’s Building Services Unit
                     on 5734 6230 to ascertain if a building permit is required for this
                     proposal.

Council’s            Should the owner/applicant propose to manage the land
Planning Unit        differently than as per the endorsed Farm Management Plan,




                                                       ED
                     then the owner/applicant must apply to Council for an
                     Amendment to the Planning Permit to vary from the endorsed
                     Farm Management Plan.




                                                      M
                     This permit does not allow for the removal of any vegetation.
                                   R
Environmental        An application for permission to install a “septic tank system”
                                 FI
Health               must be submitted to the Environmental Health Unit with the
                     prescribed fee showing distances from boundaries and size of
                         N

                     the effluent field. Any subsequent permit issued in accordance
                     with the Environment Protection Act 1970 must be issued prior to
                     any works commencing on the site or a building permit being
         O


                     granted for the proposed dwelling.
        C
 N




                                                                             CARRIED
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                                                                                  7/2




                                             Page 74
ORDINARY COUNCIL MINUTES                                  24 SEPTEMBER 2012


12     NOTICE OF MOTION
12.1   NOTICE OF MOTION NUMBER 757 – DOGS OFF LEADS
Author:            Cr Ross Lee
File No:           LL/01/001-03




MOVED:             CR. R. LEE
SECONDED:          CR. R.PARKER




                                                 ED
THAT: a report be prepared to establish a dog off leads policy for major towns as
a social networking initiative for dogs and their owners.




                                          M
                                                                      CARRIED
                             R                                             9/0
                           FI
                    N
        O
       C
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                                     Page 75
ORDINARY COUNCIL MINUTES                                  24 SEPTEMBER 2012


12.2    NOTICE OF MOTION NUMBER 758 – PEDESTRIAN SAFETY WALLAN
        PRIMARY SCHOOL

Author:        Cr S. Marstaeller
File No:       LL/04/001




MOVED:             CR. S. MARSTAELLER
SECONDED:          CR. K. MULRONEY




                                                 ED
THAT:

1.   Council officers investigate options including but not limited to pedestrian
crossings to address pedestrian safety issues within the vicinity of the Wallan




                                          M
Primary School and report back to a future Council meeting.

2.
                             R
    Officers investigate options to address safety issues at the rear of the
Wandong Primary School in Dry Creek Crescent, with children accessing LB
Davern Reserve and report back to a future Council meeting.
                           FI
                                                                      CARRIED
                     N

                                                                           9/0
         O
        C
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                                     Page 76
ORDINARY COUNCIL MINUTES             24 SEPTEMBER 2012


13     DELEGATES REPORTS
13.1   NIL REPORTS




                                     ED
                                M
                       R
                     FI
                 N
        O
       C
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                           Page 77
ORDINARY COUNCIL MINUTES                                    24 SEPTEMBER 2012


14     GENERAL BUSINESS
In accordance with Clause 30 of Local Law No. 4 Meeting Procedures.


15     CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC
MOVED:             CR. T. TOBIAS
SECONDED:          CR. G. COPPEL

THAT: in accordance with Section 89(2) of the Local Government Act 1989
Council resolves to close the meeting to members of the public to consider the
following items which relate to contractual matters or matters which the Council




                                                   ED
considers would prejudice the Council or any person.
                                                                       CARRIED
                                                                            9/0
15.1   CONFIRMATION      AND    SIGNING       OF   MINUTES    NOT   PREVIOUSLY




                                           M
       CONFIRMED
15.2   DELEGATE REPORT - AUDIT COMMITTEE OVERVIEW AND UPDATE
                             R
15.3   CONTRACT AWARD CT121507 – PROVISION OF STREET CLEANING
       SERVICES
15.4   CONTRACT AWARD CT121227 – CIVIL ROAD CONSTRUCTION
                           FI
15.5   CONTRACT AWARD CT121225 (PART A AND PART B) – DESIGN AND
       CONSTRUCTION OF SKATE FACILITIES AT BROADFORD AND WANDONG
                    N

15.6   CONTRACT AWARD 1302/0905 – SUPPLY AND DELIVERY OF ONE (1) 4WD
       FRONT END LOADER BACKHOE
        O


15.7   CONTRACT AWARD - 1307/0905 - SUPPLY AND DELIVERY OF THREE (3)
       TOWED COMBINATION TYPE ROLLER
15.8   CONTRACT     AWARD       CT121413      –    SEALED    ROAD     PAVEMENT
       C



       REHABILITATION
15.9   EXTENSION OF CT1411/0317 – SPRAY SEAL AND LINE MARKING
 N




       CONTRACT
15.10 RE-OPENING OF MEETING TO MEMBERS OF THE PUBLIC
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The meeting was closed to members of the public at 8.01pm.


MOVED:             CR. G. COPPEL
SECONDED:          CR. T. TOBIAS
THAT: the meeting be re-opened to members of the public.
                                                                      CARRIED
                                                                           9/0
The meeting was re-opened to members of the public at 8.07pm.


                                    Page 78
ORDINARY COUNCIL MINUTES                                 24 SEPTEMBER 2012


16    DATE OF NEXT MEETING
The next Ordinary meeting of Council is proposed to be scheduled to be held on
Monday 8 October 2012, at the Civic Centre 113 High Street Broadford,
commencing at 7.00pm.



17    CLOSURE OF MEETING
There being no further business the Mayor declared the meeting closed at 8.09pm.




                                                  ED
                                           Confirmed this 8 day of October 2012




                                         M    ______________________________
                             R                                      Chairperson
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                    N
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                                    Page 79

				
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