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					MINUTES OF THE ORDINARY COUNCIL MEETING



   held on Wednesday, 23 September 2009


                at 7.08 pm



                  at
        Woodend Community Centre
Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                          MINUTES

                                 TABLE OF CONTENTS

                                      - Page 1 of 2 -

ITEM                                SUBJECT                             PAGE NO.

  1.      Prayer                                                                   1

  2.      Present                                                                  1

  3.      Apologies                                                                1

  4.      Declaration of Conflicts of Interest                                     1

  5.      Councillors & Delegates Reports                                          1

  6.      Petitions                                                                2

  7.      Adoption of Minutes                                                      2

  8.      Deputations & Presentations to Council                                   2

  9.      Director of Corporate Services

          CS.1 Riddell Ranges Estate – Inappropriate Subdivision                   4

          CS.2 Report and Recommendations from Audit Advisory                      5
               Committee Meeting held on 19 August 2009

 10.      Director of Community Wellbeing

          CW.1 Economic Development Strategy                                       6

          CW.2 Sport and Recreation Victoria Minor Facilities Funding              6
               Program 2010/2011

 11.      Director of Assets and Environment

          AE.1 Proposed Extension to Garbage and Recycling                         7
               Collection District Sheehans Road, Romsey

          AE.2 Wards Lane, Kyneton – Bridge Works and Road                         8
               Closure

         AE.3 P209-0081 – Application to subdivide the land into a                 9
              Total of 8 Lots – 15 McKim Road, Gisborne

          AE.4 Amendment C67 – Gisborne/New Gisborne Outline                   15
               Development Plan

          AE.5     Review of Regional Waste Management Groups Future           18
                   Directions Paper Consultation Draft
Ordinary Council Meeting - Wednesday, 23 September 2009
                                                            MINUTES

                                 TABLE OF CONTENTS

                                        - Page 2 of 2 -

ITEM                                SUBJECT               PAGE NO.

 12.      Notices of Rescission/Motion

          Notice of Rescission 14/2009 – Cr Morabito                 3

          Notice of Motion 18/2009 – Cr Morabito                     3

          Notice of Motion 19/2009 – Cr Benson                   19

 13.      Urgent or Other Business                               20

 14.      Confidential Reports                                   20
 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                    MINUTES

1.     PRAYER:

       7.08 p.m.    The Mayor read the prayer.


2.     PRESENT:

       Cr. John Letchford               (Mayor)                        South Ward
       Cr. Robert Guthrie               (Deputy Mayor)                 South Ward
       Cr. Helen Relph                                                 South Ward
       Cr. Joan Donovan                                                East Ward
       Cr. Henry McLaughlin                                            East Ward
       Cr. Henryka Benson                                              West Ward
       Cr. Roger Jukes                                                 West Ward
       Cr. Neil Manning                                                West Ward

       In Attendance:


       Mr. Peter Johnston              Chief Executive
       Mr. Dale Thornton               Director Assets & Environment
       Mr. Glenn Owens                 Director Corporate Services
       Ms. Anne McLennan               Director Community Wellbeing
       Mr. Garry Holmes                Acting Manager Council & Customer Services



3.     APOLOGIES:

       An apology was received for Cr Joe Moribito

       It was moved by Cr Jukes seconded by Cr McLaughlin that the apology be
       received.
                                                                         CARRIED

4.     DECLARATION OF CONFLICTS OF INTEREST:

       Cr Guthrie declared an indirect interest because of a conflicting duty in item AE.5 -
       Review of Regional Waste Management Groups Future Directions Paper
       Consultation Draft as he is the Chairman of the Calder Regional Waste Management
       Group whose future existence is affected by this review.

       Declaration of Conflict of Interest by Councillors not in attendance at the
       Meeting.

       Cr Moribito declared a Conflict of Interest in writing prior to the commencement of this
       Ordinary Council Meeting in relation to his submitted Notice of Rescission and Notice
       of Motion as he has a direct interest in this matters due to him being a property owner
       in Main Street Romsey ie 104 and 5/112-114 Main Street which is included in the
       area of the Romsey ODP.

       In accordance with Section 79 of the Local Government Act 1989 this declaration
       must be recorded in the minutes of the meeting.




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 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                    MINUTES


5.     DELEGATES AND ADVISORY COMMITTEE REPORTS:

       Councillor:                 Delegates / Advisory Committee Report:

       It was moved by Cr Jukes seconded by Cr Relph that all Delegates and
       Advisory Committee Reports be adopted by Council.
                                                                   CARRIED


6.     PETITIONS

       Cr Jukes sought leave to lay a petition on the table and have it referred to the authors
       of the current leisure strategy signed by 680 residents of the Shire to formally request
       the Macedon Ranges Shire to support the expansion of the Buffalo Sports Stadium.

       Cr Jukes Sought leave to lay a petition on the table signed by 956 residents of the
       Shire stating “Ito the Macedon Ranges Shire Councillors, I the undersigned do not
       want the Council to approve the rezoning of any land past the Mitre 10 store to
       Business 1 (retail land). This will lead to a long main street like Kilmore or Heathcote.
       I like our small village area where I can walk between all shopkeepers. Please keep
       our shopping area compact.”

       It was moved by Cr Relph seconded by Cr Benson that leave be granted.

                                                                                     CARRIED

7.     ADOPTION OF MINUTES

       Ordinary Council Meeting: Wednesday, 26 August 2009
       Planning Committee Meeting: Wednesday, 9 September 2009

       Recommendation:

       That the Minutes of the Ordinary Meeting of the Macedon Ranges Shire Council held
       on Wednesday, 26 August 2009 with the amendments to Page 20 Notice of Motion
       15/2009, Omitting the words:
              “which was attended by three Councillors” from option A and
              “which was attended by five Councillors” from option B

       and the Planning Committee Meeting held on Wednesday, 9 September 2009 with
       the amendments:
              adding “his employer” to Cr Guthrie’s Declaration of Conflict of interest to read:
              “Cr Guthrie declared an indirect interest because of a conflicting duty in item
              AE.1 Application for Planning Permit 209-0128 - Telecommunications Facility
              – 7 Ladd Road, New Gisborne due to the location of the telecommunications
              facility being directly behind his place of employment and his employer could
              have a direct interest and in this item and Cr Guthrie subsequently has an
              indirect interest.”

       be confirmed.


       It was moved by Cr Guthrie seconded by Cr Jukes that the Officer minutes be
       confirmed.
                                                                           CARRIED


                                                                                       Page 2
 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                            MINUTES




8.     DEPUTATIONS AND PRESENTATIONS TO COUNCIL

       Nil


       Cr McLaughlin sought leave to bring Item 12 Notice of Rescission No.17/2009
       forward to be heard at this time
       Leave was granted
       Notice of Rescission 17/2009 – Cr Joe Moribito
       It was moved by Cr Manning Seconded by Cr Letchford that:

       “That Council rescind the Ordinary Council resolution (item AE.5) of 26 August
       2009 which was:
       “1. That the Council progress the Outline Development Plan with the following
       primary changes:

       (a) Proposed Business 4 and Industrial 1 Zones relocated from the east of
       Romsey to the south of Romsey, in the area to the immediate east of the
       Melbourne-Lancefield Road and north of Greens Lane.

       (b) The proposed Business 4 zoning between Reynolds Grove and Gordon
       Crescent be removed, with the existing Residential 1 zoning to be retained.

       (c) The existing and proposed Business 4 Zone land on the western side of
       Main Street, north of Regan Drive, rezoned to Business 1.

       2. That officers undertake or commission the following work before reporting
       back to Council with final recommendations and a revised/refined ODP:

       (a) Review the existing commercial and industrial land reports to develop an
       alternative proposal for industrial development to the south of the town;

       (b) Consultation with key stakeholders (infrastructure providers) to refine the
       southern option and identify any infrastructure issues;

       (c) Consultation with VicRoads regarding requirements for an upgraded
       intersection at Greens Lane with Melbourne-Lancefield Road.

       3. That consultants be commissioned to undertake a character study of
       Romsey, including an assessment of existing character and consideration of
       design controls that should apply within the existing residential area and in
       new, large scale, residential subdivisions.

       4. That consultants be commissioned to prepare design guidelines that could
           be applied to Industrial and Business 4 zones across the Shire.””

       The motion was put and lost.

       Cr McLaughlin requested a division.
       For – Nil
       Against – Cr’s Guthrie, Relph, Benson, McLaughlin, Manning, Donovan,
       Letchford and Jukes (8)

                                                                LOST UNANIMOUSLY

                                                                              Page 3
 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                  MINUTES

       The subsequent notice of motion 18/2009, which was dependent on this notice
       of rescission being successful, lapsed


9.     CORPORATE SERVICES REPORTS:

       Report No:     Report Title:

       CS.1           RIDDELL RANGES ESTATE – INAPPROPRIATE
                      SUBDIVISION

       Synopsis:

       During the land boom of the 1880’s, the Riddell Ranges Estate located off Royal
       Parade Riddells Creek, was subdivided, comprising 162 allotments ranging in area
       from approximately 3,000 square metres to approximately 5.2 hectares. The total land
       area is 118.6 hectares, and is mainly bush, rising towards the west, with no services.

       In the 1970’s, the lots were marketed, and were sold to individual purchasers. The
       developers bull-dozed roads through the estate. These scars can still be seen and
       are a cause of erosion. Development on the lots has been not been supported since
       that time as it is contrary to the planning scheme.

       In 2000, Macedon Ranges Shire Council commenced a program to attempt to resolve
       the problem, through a lease-transfer-sale scheme, whereby land leased to Council
       was deemed to be non-rateable, the aim being to secure enough participation to
       enable consolidation into a number of saleable lots.

       The total number of allotments in the estate is 162, owned by 130 landowners. After
       nine years of the operation of the current lease/sale scheme, there exist only 73
       leases covering 81 allotments.

       Officer Recommendations:

       1.     That, due to the low participation rate by landowners, resulting in no
              prospect of successfully completing the existing lease and sale scheme,
              Council discontinue the scheme in respect of the Riddell Ranges Estate
              when it ceases on 30 June 2010, and that all owners be notified of this
              decision in advance of the expiration of the leases;

       2.     That Council advise the company “Vegetation Offsets” that their
              proposal is not acceptable to Council, due to planning constraints
              precluding the proposed development of four dwellings on the land, and
              that there are legislative restrictions on Council’s involvement;

       3.     That Council requests the State Government to explore the possibility of
              the acquisition of the land in the estate, to add to the other flora and
              fauna reserves in the area.


       It was moved by Cr Donovan seconded by Cr Relph that that:

       1.     That, due to the low participation rate by landowners, resulting in no
              prospect of successfully completing the existing lease and sale scheme,
              Council discontinue the scheme in respect of the Riddell Ranges Estate
              when it ceases on 30 June 2010, and that all owners be notified of this
              decision in advance of the expiration of the leases;

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Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                              MINUTES


      2.     That Council advise the company “Vegetation Offsets” that their
             proposal is not acceptable to Council, due to planning constraints
             precluding the proposed development of four dwellings on the land, and
             that there are legislative restrictions on Council’s involvement;

      3.     That Council requests the State Government to explore the possibility of
             the acquisition of the land in the estate, to add to the other flora and
             fauna reserves in the area.

      4.     Council refer to the next budget, consideration of a funding allocation
             for the purposes of an expert study of the subject land.

      5.     That Council seek a planning scheme amendment to delete restructure
             overlay R07 from the Macedon Ranges Planning Scheme through an
             anomalies amendment.
                                                                         CARRIED


      Report No:     Report Title:

      CS.2           REPORT AND RECOMMENDATIONS FROM AUDIT
                     ADVISORY COMMITTEE MEETING HELD ON 19 AUGUST 2009

      File Ref:      02/03/02

      Synopsis:


      The Audit Advisory Committee Charter defines the Committee's role as being to
      advise the Council on matters of accountability, financial reporting and internal
      control. The Audit Advisory Committee membership comprises three community
      representatives and two Councillors.

      The     last      Audit   Advisory     Committee       meeting was     held     on
      19 August 2009 and the Minutes from that meeting have been separately circulated to
      all Councillors. The minutes include the following matters:

            Financial Statements, Standard Statements & Performance Statement
            Kyneton Bowling Club
            IT Systems

      Please refer to the Minutes for the complete details.

      Officer Recommendation:

      That Council note the Audit Advisory Committee Minutes and
      recommendations and request Management to pursue the implementation of
      the recommendations as appropriate.

      It was moved by Cr Letchford seconded by Cr Relph that the Officer
      Recommendation be adopted.
                                                                               CARRIED




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 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                 MINUTES

10.    COMMUNITY WELLBEING REPORTS:

       Report No:      Report Title:

       CW.1            ECONOMIC DEVELOPMENT STRATEGY

       File Ref:       43/06/02

       Synopsis:

       A key action of the 2008/2009 Council Plan was the development of a new Economic
       Development Strategy. On the 24th of June 2009 Council endorsed the Draft Strategy
       for public consultation for a period of 8 weeks.

       This report details the process of community consultation as well as summarising the
       results.

       The consultative process was extremely successful and positive, with a generous
       timeframe and extensive consultation opportunities for residents and interested
       parties to share their views. The vast majority of the feedback was supportive and
       encouraging with extremely relevant and pertinent submissions made by community
       members. A summary of the submissions received is attached, and where
       appropriate these have been included in the revised Draft.

       Taking all feedback into consideration, this report recommends some alterations to
       the Strategy prior to it being endorsed. These changes are detailed in the
       attachment.

       Officer Recommendation:

       That Council:

       1.   Endorse the revised Macedon Ranges Ten Year Strategy for Economic
            Development.


       It was moved by Cr Guthrie seconded by Cr Relph that the Officer
       Recommendation be adopted.
                                                                                 CARRIED

       Report No:      Report Title:

       CW.2            SPORT AND RECREATION VICTORIA MINOR FACILITIES
                       FUNDING PROGRAM 2010 / 2011

       File Ref:   25/06/01/15

       Synopsis:

       Sport and Recreation Victoria (SRV) recently announced the annual Community
       Facilities Funding Program - Minor Category. This program was established to help
       provide financial assistance to sporting clubs with capital projects.

       Council seeks expressions of interest from sporting clubs, and from this, Council can
       submit only two applications for projects seeking a grant of $60K to SRV for funding
       consideration, and one application seeking a grant of $20K. A cash contribution is
       required to match the grant amount requested at a ratio of $2:1.

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 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                  MINUTES


       Council received six expressions of interest this year from sporting clubs that have
       been scored based on criteria set out in Council’s Leisure Strategy Plan 2006-2016.

       Three applications have been recommended for submission from this evaluation
       process.

       Officer Recommendations:

       That Council submits the following applications to Sport and Recreation
       Victoria Minor Facilities Funding Program for funding consideration:

       1. The Riddells Creek Tennis Club project to develop new multi purpose courts
          located at the Riddells Creek Recreation Reserve.

       2. The Newham Community Planning Group project to develop a new multi
          purpose court located at the Newham Primary School.

       3. The Macedon Ranges Petanque Club project to add additional pistes to the
          petanque facilities in Gisborne.

       It was moved by Cr Guthrie seconded by Cr Benson that the Officer
       Recommendation be adopted.
                                                                                  CARRIED


11.    ASSETS AND ENVIRONMENT REPORTS

       Report No:      Report Title:

       AE.1            PROPOSED EXTENSION TO GARBAGE AND RECYCLING
                       COLLECTION DISTRICT SHEEHANS ROAD, ROMSEY

       File Ref:       26/02/01                  Infra Ref:       118204

       Synopsis:

       This report arises from resident’s requests and a subsequent investigation into
       extending the garbage and recycling collection district to the Sheehans Road,
       Romsey. Residents in the area contacted Council requesting a garbage and
       recycling service. Council’s collection contractor Cleanaway inspected the area and
       advised that the area can be included in the contract at the standard contract rate. A
       mail survey has been carried out in accordance with Council’s agreed process. The
       majority of respondents have indicated that they would like the service. The
       recommendation is that Council extends the service to an additional 12 properties.


       Officer Recommendations:

       That Council:

       1.     Extend the garbage and recycling collection district to include the
              following roads in the declared garbage and recycling collection district:

               Road                          From                          To
               Sheehans Road                 Tickawarra Road               Deep Creek

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      2.     Advise the residents of the outcome of the survey and the details
             regarding the introduction of the service.

      It was moved by Cr McLaughlin seconded by Cr Jukes that the Officer
      Recommendation be adopted.
                                                                                CARRIED

      Report No:     Report Title:

      AE.2           WARDS LANE, KYNETON - BRIDGE WORKS AND ROAD
                     CLOSURE

      File Ref:      22/31/1116/01                        Infra Ref:   127487

      Synopsis:

      This report deals with the formal process for the proposed closure of Wards Lane and
      the demolition of Wards Lane Bridge

      At the March 2009 Council Meeting, Council adopted the recommendations in the
      report Wards Lane, Kyneton – Bridge Works and Road Closure which was to advise
      affected residents, VicRoads and Emergency Services in writing of the proposal to
      demolish the bridge and invite submissions; temporarily close the bridge for safety
      reasons; and that any objections be referred to Council.

      Affected residents, VicRoads and emergency services have been advised, in writing,
      of the temporary closure of the bridge for safety reasons and the proposal to
      demolish Wards Lane Bridge.

      Thirteen submissions were received, ten from affected residents, one from the
      Kyneton Fire Brigade and one from VicRoads. A previous written response was
      received from the Department of Sustainability and Environment which has also been
      considered.

      The purpose of this report is to refer the objections received to Council for
      consideration and seek Council’s approval to commence the formal process to
      demolish the bridge.

      Officer Recommendations:

      That Council:
      1.    Commences the formal process for the demolition of Wards Lane Bridge
            and the informal closure of the unconstructed section of Wards Lane,
            Kyneton.

      2.     Commences the formal process for renaming either the eastern or
             western section of Wards Lane, Kyneton.

      3.     Advises, in writing, affected residents, VicRoads, Department of
             Sustainability & Environment and emergency services of its resolution
             on this matter.

      It was moved by Cr Manning seconded by Cr Jukes that the Officer
      Recommendation be adopted.
                                                                                CARRIED

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      Report No:     Report Title:

      AE.3           APPLICATION TO SUBDIVIDE THE LAND INTO A TOTAL OF
                     EIGHT (8) LOTS AT 15 MCKIM ROAD, GISBORNE

      File Ref:      P209-0081 & 3/850/300/PA3

      Synopsis:


        This report was deferred from the Planning Committee Meeting of
        9 September 2009. Council officers were requested to investigate
        whether the planning permit conditions for the Jacksons Creek
        township developments to the south of Black Avenue by
        Townshend would have any impact on the access arrangements for
        this application. The various files were reviewed and officers could
      T find no reason for this development not to proceed as
        recommended.


      This application seeks approval for an eight (8) lot subdivision at 15 McKim Road,
      Gisborne.

      The land is zoned Residential 1 and abuts the Calder Freeway on its northern
      boundary.

      The application was advertised to the owners and occupiers of adjoining land in
      accordance with the requirements of Section 52 of the Planning and Environment Act
      1987. One (1) objection was received from the developer of the estate to the south in
      regards unfair costs Council’s burdened on his subdivision and that any acoustic
      fence that would be erected on the subject site to block noise from the Calder
      Freeway would be unsightly.

      It is considered that this proposal is an appropriate development and should be
      supported subject to appropriate conditions. The proposal complies with SPPF, LPPF,
      other local planning policies, zoning and ResCode, to encourage and support infill
      residential development within township areas. The proposed subdivision layout will
      not have a detrimental effect on the subdivisional pattern or amenity in the general
      vicinity. The orderly planning of the immediate area will be maintained. Approval of
      this application will provide acceptable planning outcomes and as such it should be
      supported subject to appropriate conditions as outlined in this report.

      It is noted that the applicant has lodged an appeal under Section 79 of the Act for
      failure to grant a permit within the prescribed time. Council can therefore not
      determine the application but still need to form a position to present at VCAT.


      Officer Recommendation:

      That Council advise VCAT that had it determined the application, it would have
      issued a Notice of Decision to Grant a Planning Permit for an eight lot
      subdivision subject to the following conditions:


      1.     Prior to the commencement of works, the following must be submitted to

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Ordinary Council Meeting - Wednesday, 23 September 2009
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            and approved by the Responsible Authority:

           (a)    A detailed landscape plan to the satisfaction of the Responsible
                  Authority must be submitted to and approved by the Responsible
                  Authority. When approved, the plan will be endorsed and will then
                  form part of the permit. The plan must show the following:

                  (i)      A five (5) metre wide landscape buffer along the northern
                           boundary directly abutting the Calder Freeway frontage.

                  (ii)     One street tree in front of each lot on the Black Avenue road
                           reserve.

                  (iii) A planting schedule of all proposed plants, including botanical
                        names, common names, pot sizes, sizes at maturity (including
                        height, width and size), and quantities of each plant.

      2. The subdivision shown on the endorsed plans must not be altered without
         the prior written consent of the Responsible Authority.

      3. The owner of the land must enter into agreements with the relevant
         authorities for the provision of water supply, drainage, sewerage facilities,
         electricity, gas and telecommunications services to each lot shown on the
         endorsed plan in accordance with the authority’s requirements and relevant
         legislation at the time.

      4. All existing and proposed easements and sites for existing or required
         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 or site is to be created.

      5. The plan of subdivision submitted for certification under the Subdivision
         Act 1988 must be referred to the relevant authority in accordance with
         Section 8 of that Act.

      6. Prior to the issue of a Statement of Compliance, the following must be
         undertaken to the satisfaction of the Responsible Authority:

           a.    Before the use starts, the owner must enter into an agreement with the
                 Responsible Authority under section 173 of the Planning and
                 Environment Act 1987 to provide for the following:

                    (i)     Each lot hereby created under this permit will not be further
                            subdivided.

                    (ii)    No more than one single dwelling may be constructed on each
                            lot shown on the plan of subdivision endorsed under this
                            permit.

                    (iii) Any future dwellings on each lot hereby created under
                          Planning Permit P209-0081 must be constructed and sited in
                          accordance with the recommendations of the acoustic report
                          prepared pursuant to condition 7 of this permit and to the
                          satisfaction of VicRoads and the Responsible Authority.

                    (iv) All landscaping areas along the 5m Freeway landscape buffer
                         is to be maintained to the satisfaction of the Responsible

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                           Authority.

                       No changes to these restrictions are permitted unless with the
                       prior written consent of the Responsible Authority. Before the
                       use development starts, application must be made to the
                       Registrar of Titles to register the section 173 agreement on the
                       title to the land under section 181 of the Act. The owner/operator
                       under this permit must pay the reasonable costs of the
                       preparation, and execution and registration of the Section 173
                       agreement.

           b.     A payment of 2½% of the value of the land intended to be used for
                  residential purposes must be paid to Council in lieu of open space.
                  Such payments shall be based on a valuation of the land undertaken
                  by Council and paid within 30 days of the date of the valuation.

           c.     All landscape planting is completed in accordance with the endorsed
                  landscape plan and thereafter maintained to the satisfaction of the
                  Responsible Authority.

      VicRoads

      7. Prior to the issuing of a Statement of Compliance for any lot in the
         subdivision, the applicant must provide an acoustic report by a VicRoads
         pre-qualified consultant, to VicRoads and Council’s satisfaction which
         satisfies the requirements of Clause 22.14 of the Macedon Ranges Planning
         Scheme. Any recommendation to construct a noise fence on the Calder
         Freeway ROW boundary must be designed (including a 3.0m minimum wide
         easement on the subject land for maintenance access) and constructed to
         the satisfaction of and at no cost to VicRoads. A contribution (to be
         determined by VicRoads) to the future maintenance of the noise fence for 10
         years after the construction of the fence must be made to VicRoads prior to
         the commencement of the noise fence being constructed.

      8. The discharge of any concentrated drainage or sullage onto the Calder
         Freeway reserve must not be permitted unless approved in writing by
         VicRoads.

      Telstra

      9. The plan of subdivision submitted for certification must be referred to
         Telstra in accordance with Section 8 of the Subdivision Act 1988.

                Note 1:-      Approval does not cover alterations to existing Telstra
                              Plant or Network. Locations of existing network can be
                              obtained from Dial Before You Dig – Ph: 1100.

                Note 2:-      For co-ordinated Telstra plant reticulation in this
                              development,          please            refer       to
                              www.telstrasmartcommunity.com       to   Register your
                              Development and Apply for Reticulation.

      Tenix

      10. The plan of subdivision submitted for certification must be referred to SP
           AusNet (Gas) in accordance with Section 8 of the Subdivision Act 1988.


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      Powercor

      11. The plan of subdivision submitted for certification under the Subdivision
           Act 1988 shall be referred to Powercor Australia Ltd in accordance with
           Section 8 of that Act.

      12. The applicant shall:-
                Provide an electricity supply to all lots in the subdivision in
                 accordance with Powercor’s requirements and standards, including
                 the extension, argumentation or re-arrangement of any existing
                 electricity supply system, as required by Powercor.
                Where buildings or other installations exist on the land to be
                 subdivided and are connected to the electricity supply, they shall be
                 brought into compliance with the Service and Installation Rules
                 issued by the Victorian Electricity Supply Industry. You shall arrange
                 compliance through a Registered Electrical Contractor.
                The applicant shall provide to Powercor Australia Ltd, a copy of the
                 version of the plan of subdivision submitted for certification, which
                 shows any amendments which have been required.

      Western Water

      13. Payment of new customer contributions for each lot created by the
           development, such amount being determined by Western Water at the time
           of payment.

      14. The owner/applicant shall fund a feasibility study for the proposed
           sewerage services needed to serve the development.

      15. Provision of reticulated water mains and associated construction works to
           front each allotment within the development, at the developer's expense, in
           accordance with standards of construction adopted by and to the
           satisfaction of Western Water.

      16. Provision of reticulated sewerage and associated construction works to
           each allotment within the development, at the developer’s expense, in
           accordance with standards of construction adopted by and to the
           satisfaction of Western Water.

      17. Provision of easements in favour of Western Water over all existing and
           proposed sewer mains located within private property. The easement
           shall be 3.0 metres wide for combined sewer and drainage easements and
           2.5 metres wide for a dedicated sewerage easement.

      18. Pursuant to Section 36 of the Subdivision Act, Western Water considers
           that for the economical and efficient subdivision and servicing of the land
           covered by the Application for Permit it requires the owner of the land to
           acquire an easement over other land in the vicinity namely, any land not
           owned by the Developer through which a sewerage extensions servicing
           the development is to be located. The easements shall be in favour of
           Western Water.

      19. Preparation of a digitised plan of subdivision and ancillary requirements in
           accordance with Western Water’s drafting standards and practices.




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      20. The operator under this permit shall be obliged to enter into an Agreement
           with Western Water relating to the design and construction of any
           sewerage or water works required. The form of such Agreement shall be to
           the satisfaction of Western Water. A copy of the format of the Agreement
           will be provided on request. The owner/applicant shall make a written
           request to Western Water for the terms and conditions of the agreement.

      21. All contractors engaged on construction of Subdivision Infrastructure
           obtain a Water Carters Permit from Western Water and comply with that
           permit at all times. The permit will include a requirement for the Water
           Carter Permit holder to:
            a)    Own a metered hydrant approved by Western Water;
            b)    Meter and pay for all water taken;
            c)    Display a Western Water Permit Number Sticker on the tanker;
            d)    Only take water from nominated hydrants or standpipes;
            e)    Only use water for the purpose approved in the Water Carter Permit;
            f)    Avoid wastage of water on site; and
            g)    Comply with any water restrictions imposed by Western Water at
                  the time water is used.

           For the purpose of this condition, Subdivision Infrastructure includes new
           and alterations to existing: roads, drains, water mains, sewer mains, power
           supply, telephone, gas and any other service infrastructure required by
           this permit and dust suppression during construction of the same.

           Notwithstanding the above, a Water Carters Permit is not required if the
           permit holder and contractors engaged by the permit holder can
           demonstrate to the satisfaction of Western Water that water is not required
           from Western Water's town water supply systems to construct Subdivision
           Infrastructure as defined above.

  Note:    Where the land is to be developed in stages, the above conditions will, in
           general, apply to any subsequent stage of the estate development.
           However, as any future stages of the development will be connected to
           Western Water’s water supply and sewerage systems independently of this
           stage, Western Water reserves the right to revise any conditions applicable
           to any subsequent stages lodged.

  Melbourne Water

      22. Prior to Certification, the Plan of Subdivision must be referred to
           Melbourne Water, in accordance with Section 8 of the Subdivision Act
           1988.

      23. No polluted and / or sediment laden runoff is to be discharged directly or
           indirectly into Melbourne Water's drains or watercourses.

      NOTE - If further information is required in relation to Melbourne Water's permit
      conditions shown above, please contact Melbourne Water on telephone 9235
      2517, quoting Melbourne Water's reference 163417

  Country Fire Authority

      24. The subdivision as shown on the endorsed plans must not be altered
           without the consent of CFA.


                                                                               Page 13
Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                            MINUTES

      25. Operable hydrants, above or below ground must be provided to the
           satisfaction of CFA.

      26. The maximum distance between these hydrants and the rear of all building
           envelopes (or in the absence of the building envelope, the rear of all lots)
           must be 120m and hydrants must be no more than 200m apart.

      27. Hydrants must be identified as specified in ‘Identification of Street
           Hydrants for fire fighting purposes’ available under publications on the
           Country Fire Authority web site (www.cfa.vic.gov.au).

      28. Roads must be constructed to a standard so that they are accessible in all
           weather conditions and capable of accommodating a vehicle of 15 tonnes
           for the trafficable road width.

      29. The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with
           a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than
           50 meters. Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry
           and exit angle.

      Major Projects

      30. The development is to be constructed in accordance with Macedon
           Ranges Engineering requirements for Infrastructure Construction 2008.

      31. Prior to the issuing of a Statement of Compliance the following must be
           completed:

             a) Black Avenue is to be upgraded and includes the construction of
                kerb and channel, additional road pavement and asphalting over the
                full length of the frontage of the subdivision. Underground drainage
                behind the kerb and channel is to be constructed and connected into
                the existing Council drainage network.

             b) The unmade road reserve is to be constructed from Black Avenue
                along the frontage of the development in accordance with Macedon
                Ranges Engineering requirements for Infrastructure Construction
                2008. This will include a 6 metre wide sealed carriageway with kerb
                and channel, footpath and associated drainage. A suitable turning
                area will also need to be constructed at the end of the current
                unmade road reserve to Council approval.

             c) Vehicle crossings shall be constructed for each lot in accordance
                with the Macedon Ranges Shire Council’s standards prior to issue of
                a Statement of Compliance. Crossings are to be a minimum of 10.0m
                from any intersection, 1.0m from any power pole, sign or service pit
                and an absolute minimum of 3.0m from any street tree. Crossovers
                must be sealed where connecting to a sealed road and sealed
                driveway.

             d) A storm water management plan for the development including
                drainage from the freeway and land depressions will need to be
                provided.

             e) Engineering plans detailing civil works including the storm water
                drainage are to be submitted for Macedon Ranges Shire Council


                                                                               Page 14
Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                MINUTES

                  approval and plan checking and supervision fees paid prior to any
                  works being carried out.

      32. The applicant/owner shall restrict sediment discharges from any
             construction sites within the property in accordance with Construction
             Techniques for Sediment Pollution Control (EPA 1991) and Environmental
             Guidelines for Major Construction Sites (EPA 1995).

      33. Storm water runoff from all buildings, tanks and paved areas must be
             drained to a legal point of discharge approved by the Responsible
             Authority. All new drainage is to be connected into Council’s existing
             drainage network.

      34. All lots in the subdivision must be serviced by an underground drainage
             system, within their own property boundaries.

      35. The quality of the water discharged is to be in accordance with the
             Macedon Ranges Planning Scheme Clause 56.07-4, Standard C25.

      36. The drainage system must be designed to limit downstream flow to pre-
             development levels.

      37. No access to the development will be allowed via McKim Road and
             suitable barriers will need to be provided to Council approval.

      Time Limit

      38. This permit will expire if:

               (a) The plan of subdivision is not certified within two years of the date of
                   this permit;

               (b) The registration of the subdivision is not completed within four years
                   of the date or this permit; or

          The Responsible Authority may extend the time if a request is made in
          writing before the permit expires or within three months afterwards.


      It was moved by Cr Relph seconded by Cr Benson that the Officer
      Recommendation be adopted.
                                                                                 CARRIED
      Cr Guthrie asked that his opposition be noted.

      Report No:      Report Title:

      AE.4            AMENDMENT C67 - GISBORNE / NEW GISBORNE OUTLINE
                      DEVELOPMENT PLAN

      File Ref:       48/02/18/C59

      Synopsis:

      This report follows on from the Planning Scheme Amendment C59 update provided to
      Council in August 2009. A series of proposed changes have now been finalised and
      a revised Gisborne/New Gisborne Outline Development Plan (ODP) report prepared
      [refer attachment 1]. As a result of the extent of changes proposed, advice provided
                                                                                   Page 15
Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                    MINUTES

      by Council’s solicitors, Planning Panels Victoria and the Department of Planning and
      Community Development it is considered that Council should commence a new
      amendment (C67) to implement the changes. This will also avoid confusion with the
      previously exhibited amendment.

      The proposed changes considered in the ODP are a direct response to:
         Detailed consideration of submissions received during formal exhibition of
           Amendment C59 in July 2008;
         Revised population data (2006 census) and projections;
         Updated residential land supply and demand analysis;
         Completion of commercial and industrial land supply and demand analyses for
           Gisborne and New Gisborne;
         Changes in State planning policy and direction;
         A review of the structure of Amendment C59 and complexity of proposed
           planning controls;
         Recent VCAT decisions that have impacted on development outcomes in a
           number of residential areas; and
         Completion of various Council projects/strategies since the original document
           was finalised in 2006.

      The majority of changes are found in Section 6 and Section 13 onwards and have
      been reflected in the draft Amendment C67 documentation.          The primary
      modifications to the ODP include:

            Clarification of the Gisborne / New Gisborne population projections;
            Expansion of the proposed growth area west of Station Road, New Gisborne
             and inclusion of this area in the Urban Growth Zone;
            Identification of a potential mixed use area and Business zoned land around
             that Railway Station in New Gisborne;
            Melbourne Water drainage requirements in New Gisborne and Central Creek,
             south Gisborne;
           Identification of additional land to be rezoned to Industrial adjoining the existing
             Industrial Estate in New Gisborne;
            Removal of Design and Development Overlays (DDOs) that were previously
             utilised to control lot size and density in residential areas. Gisborne Town
             Centre and Station Road, New Gisborne DDOs are to be retained in order to
             address character and housing diversity issues;
            Retention of existing DDOs applying to residential areas in Gisborne and New
             Gisborne within the Macedon Ranges Planning Scheme.
            Identification of sensitive interface areas where a specific design response is
             required;
            Rezoning of a number of existing residential areas from the Residential 1 Zone
             to Low Density Residential;
            Removal of preferred medium density areas from outer fringe locations
             focussing on the town centre and proposed mixed use area in New Gisborne
             only.
            Rezoning of existing residential land in the south-east of Gisborne at 39
             Willowbank Road to the Urban Growth Zone.
            Refinements to proposed open space areas to align with Council’s adopted
             Open Space Strategy 1999.

These changes are reflected in the draft amendment documentation prepared for
Amendment C67 [refer attachment 2].  It is recommended that Council endorse the

                                                                                       Page 16
 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                MINUTES

proposed changes to the ODP and commence Amendment C67. Once authority is received
from the Minister of Planning to prepare the amendment both the revised ODP and
Amendment C67 will be publicly exhibited. As there are some Referral Agency comments
outstanding and the authorisation process may require changes to the documents, Council
should delegate authority to the Chief Executive Officer to make these modifications.

Officer Recommendations:

That Council resolve to:

       1. Adopt the revised Gisborne/New Gisborne Outline Development Plan,
          September 2009.

       2. Request the Minister for Planning to Authorise Council to prepare
          Amendment C67 to the Macedon Ranges Planning Scheme in order to
          implement the recommendations of the Gisborne/New Gisborne Outline
          Development Plan.

       3. Delegate authority to the Chief Executive Officer to make minor changes to
          the final amendment documents and the ODP prior to public exhibition.

       4. Exhibit Amendment C67 when authority is received from the Minister for
          Planning for a period of six weeks.

       5. Notify all submitters and the broader Gisborne / New Gisborne community
          of the proposed changes and new amendment by:
              a) Direct mail to all previous submitters, and landowners/occupiers in
                 Gisborne and New Gisborne;
              b) Direct notification to referral agencies and prescribed ministers;
              c) Notice in newspapers circulating in the area; and
              d) Display of the revised ODP and Amendment C67 in Council offices
                 and the Macedon Ranges Shire Council website.

       It was moved by Cr Guthrie seconded by Cr Relph that the Officer
       Recommendation be adopted.
                                                                                CARRIED

       Adjournment of Meeting

       8.12pm It was moved by Cr. Guthrie seconded by Cr. Relph that that standing
       orders be suspended for a short break and to consider questions from the
       public.
                                                                         CARRIED

Name          Anne Moore, Olivia Court, Gisborne, 3427
Question?     Can Council please indicate when they will be allocating funding to enable
              extensive Develop Plan Overlays to be completed by Council’s Strategic
              Planner, in particular relating to Gisborne/New Gisborne?
Response      Works are currently underway on strategic planning in Gisborne/New
              Gisborne including AE.4 Amendment C67 – Gisborne/New Gisborne Outline
              Development Plan of the 23 September 2009 Ordinary Council Meeting.
.
Name Mrs      L Hajek, Christopher Cres, Woodend, 3442,
Question?     What is the responsibility of land owners and Council re Clearance (Fire
              breaks) near fences and what action is Council Taking?
Response      Advised of the current legislation in regards to clearing of vegetation along
              property boundaries.

                                                                                   Page 17
Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                 MINUTES

Question?    There is an issue with a tree Hazard on Ashbourne Road 100m before
             Roberts Road, the tree is leaning dangerously across the road
Response     This would be entered into Council’s Call Request Management System
             InfraActive and an onsite inspection to occur.
Question?    Why doesn’t this Council offer discounts to ratepayers for payment of rates by
             a certain date.
Response     Outlined current Rates arrangements and that Council liaises with ratepayers
             in regards to their individual circumstances as required.

Name         Gabrielle Soss, Ashbourne Road, Woodend, 3442,
Question?    Clearing of roadside vegetation along Ashbourne Road for properties in
             relation to fire danger?
Response     Fire danger information was provided to the resident and information on the
             current work on Township protection plans which will be complete in the near
             future and will be conveyed to residents.
Question?    A walking track is required along Ashbourne Road to Roberts Road
Response     This would be entered into Council’s Call Request Management System
             InfraActive and an onsite inspection to occur.
Question?     Why are there no speakers for the Council meeting as it is hard to hear?
Response     The Chief Executive Officer agreed that the acoustics were not good and will
             look at solutions to improve them.


      Resumption of Adjourned Meeting

8.43 pm      It was moved Cr. Guthrie seconded by Cr. McLaughlin that the meeting
             resume.
                                                                          CARRIED


      Declaration of Conflict of Interest

8.43pm       Cr Guthrie declared an indirect interest because of a conflicting duty in item
             AE.5 - Review of Regional Waste Management Groups Future Directions
             Paper Consultation Draft as he is the Chairman of the Calder Regional Waste
             Management Group whose future existence is affected by this review and left
             the meeting prior to Council’s consideration and determination of the matter..


      Report No:     Report Title:

      AE.5           REVIEW OF REGIONAL WASTE MANAGEMENT GROUPS
                     FUTURE DIRECTIONS PAPER CONSULTATION DRAFT

      File Ref:      26/04/02                   Infra Ref:       136946

      Synopsis:

      Sustainability Victoria is undertaking a review of Regional Waste Management
      Groups and has published a document - Future Directions Paper Consultation Draft.
      This report explains the options proposed in the directions paper and includes the
      Calder Regional Waste Management Group’s (CRWMG) position. It also provides
      some assessment of the models in the directions paper and makes recommendations
      about feedback to be provided to Sustainability Victoria and the CRWMG.




                                                                                    Page 18
 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                                 MINUTES

       Officer Recommendations:

       That Council write to Sustainability Victoria and local members of State
       Parliament advising Council’s position as follows:

       1. Regional Waste Management Groups as established under the Environment
          Protection Act should remain, with the Act amended to include Commercial
          and Industrial and Construction and Demolition Waste.
       2. The Groups should be adequately funded “as of right” from the landfill levy.
       3. Council supports merging of Regional Waste Management Groups as it will
          lead to some economies of scale and reduction in governance and
          administrative obligations.
       4. Macedon Ranges Shire should be included in the same region as the City of
          Greater Bendigo and Mount Alexander Shire.
       5. DHS boundaries are suitable boundaries and would result in reducing the
          number of Regional Groups to 5 leading to greater efficiencies than the
          model in the directions paper and providing consistent Regional Boundaries
          for State Government Departments.

       It was moved by Cr Jukes seconded by Cr Benson that the Officer
       Recommendation be adopted.
                                                                                 CARRIED

8.51 pm Cr Guthrie returned to the Chamber.

12.    NOTICE OF RESCISSION / MOTION


       Notice of Motion 19/2009 – Cr Henryka Benson
       I move that:
       Given the potential increase in traffic and pedestrians in the eastern part of the
       Kyneton township in the next five years, council ensures that appropriate traffic
       management studies and traffic management plans are undertaken for the safe and
       efficient movement of vehicles, bicycles and pedestrians.
       These plans be presented to council as soon as practical, with recommendations for
       implementation and budget implications.

       Background
       Major works are being planned and being undertaken on the eastern side of Kyneton
       township with the construction of the new Aquatic Centre, implementation of the
       Kyneton Education Plan and the proposed redevelopment of the Ray M Begg aged
       care facility. These three developments alone will have a dramatic impact on traffic
       movements in some of the residential areas of town. In this area we also have St
       Luke’s Family Services and the growing Tennis Club. This area is already heavily
       trafficked with the current sports complex and three schools nearby with hundreds of
       private cars and 45 school buses arriving and departing from the area each day.

       If we include an increase in the large number of young school children and senior
       citizen pedestrians in the area every day, there is significant potential for traffic
       problems and pedestrian safety issues as these developments proceed.

       Council needs to take early action to ensure the safety and wellbeing of school
       children and senior citizens, as well as ensure that adequate traffic management
       initiatives are in place to efficiently manage the safe movement of vehicles in the
       area.
                                                                                    Page 19
 Ordinary Council Meeting - Wednesday, 23 September 2009
                                                                           MINUTES



       It was moved By Cr Benson seconded by Cr Jukes that the CEO be directed to
       ensure that appropriate traffic management studies and traffic management
       plans are undertaken for the safe and efficient movement of vehicles, bicycles
       and pedestrians given the potential increase in traffic and pedestrians in the
       eastern part of the Kyneton township in the next five years. And that these
       studies occur at peak times during school term and any costs incurred are by
       the developers.

                                                                           CARRIED



13.    URGENT AND OTHER BUSINESS

       Leave was sought from Cr Jukes seconded by Cr Manning to raise an item of
       Urgent and other Business
                                                                       CARRIED


       It was moved by Cr Jukes seconded by Cr Manning that council resolve that the
       CEO is to:
       Prepare a report for the October Ordinary Council Meeting on a whole of shire
       settlement planning strategy and that the report contain advice as to external
       consultants to prepare this piece of work as well as;
          a. Carrying out preliminary discussions with consultants as to their
             availability, capacity and initial costings for this work,
         b. Benefits to the shire in conducting such works,
         c. A preliminary timetable for the commencement of the strategy
                                                                           CARRIED


14.    CONFIDENTIAL REPORTS


       Nil



Closure of Meeting

The meeting closed at 9.00pm


                                                                   Cr John Letchford
                                                                            MAYOR




                                                                              Page 20

				
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