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					         MINUTES


ORDINARY MEETING OF COUNCIL

      MONDAY, 16 JUNE, 2003


       MUNICIPAL OFFICES
   BESGROVE STREET, ROSEBUD
           MORNINGTON PENINSULA SHIRE COUNCIL

               MINUTES OF ORDINARY MEETING OF COUNCIL
                                Meeting held on Monday, 16 June, 2003 at 6:08 PM




                                                          INDEX
OPENING AND WELCOME

PRAYER

SECTION 1 - PROCEDURAL MATTERS

1.1    Apologies

1.2    Confirmation of Minutes of Previous Meeting Held on 2 June 2003

1.3    Declarations of Pecuniary Interest Pursuant to Section 79 of the Local Government Act 1989

1.4    Petitions and Joint Letters


SECTION 2 - MANAGEMENT REPORTS                                                                                                PAGE NO.

2.1    Planning Scheme Amendment C47
       (Joshua Clydesdale, Strategic Planner, 0820/110/C47)............................................... 2

2.2    Overview of Australia Day 2003
       (Peter Gore, Manager - Recreation and Cultural Services and
       Julia Humbles, Festivals and Events Co-ordinator, 0110/140) .................................. 19

2.3    Proposed Discontinuance of Lane at rear of
       44-54 Campbell Street, Crib Point
       Completion of Process
       (Brenda Webb, Property Officer, 0710/020/102) ...................................................... 25

2.4    Mornington Peninsula Shire Careers and Employment Expo
       (Lisa Mills, Training Officer - Team Support and Development,
       0235/060/040)............................................................................................................ 35

2.5    Nomination to MAV Strategic Environment Advisory Group
       (Mark Howells, Team Leader - Governance, 0420/010).......................................... 40

2.6    Supplementary and Amended Valuations
       (Ros Humphrey, Revenue Management Co-ordinator, 6303.1)................................. 42

2.7    Documents for Sealing
       (Jeanette O'Connor, Management Team Support Officer, 00190/032)...................... 44



Mornington Peninsula Shire Council
          MINUTES OF THE ORDINARY MEETING OF COUNCIL


                                                            INDEX
                                                                (CONT’D)


SECTION 3 - COMMITTEE AND INFORMATION REPORTS

3.1   Councillor Communicator

      Volume 3 – Issue Numbers 11 and 12
      (Circulated Separately to Councillors)........................................................................ 47

      Committee                                                                                                                     Section

3.2   Development Assessments Committee – 26 May 2003                                                                               yellow

3.3   Forward Planning Committee – 2 June 2003                                                                                      blue


SECTION 4 - NOTICES OF MOTION

       Nil.


SECTION 5 - COUNCILLORS AND DELEGATES REPORTS

5.1   Association of Bayside Municipalities (ABM) Meeting
      (Cr. Bell) ...................................................................................................................... 48

5.2   Opening of BHP Steel Lysaght Plant at Lyndhurst
      (Cr. Stahl)..................................................................................................................... 48

5.3   Beach Works at Rosebud
      (Cr. Gibb)..................................................................................................................... 48

5.4   Fit to Drive launch
      (Cr. R. Smith)............................................................................................................... 48

5.5   Opening of St. James by the Bay – Mount Martha
      (Cr. Shaw) .................................................................................................................... 48

5.6   Launch of Pinot Wine Week
      (Cr. Jarman) ................................................................................................................. 48

5.7   Departure of Gyoto Monks
      (Cr. Shaw) .................................................................................................................... 48




Mornington Peninsula Shire Council
         MINUTES OF THE ORDINARY MEETING OF COUNCIL


                                     INDEX
                                     (CONT’D)




SECTION 6 - URGENT BUSINESS

       Nil.


SECTION 7 - CONFIDENTIAL ITEMS

       Nil.




Mornington Peninsula Shire Council
                    MINUTES OF THE ORDINARY MEETING OF THE
                 MORNINGTON PENINSULA SHIRE COUNCIL HELD AT THE
                  MUNICIPAL OFFICES, BESGROVE STREET, ROSEBUD
                        AT 6:08 PM ON MONDAY, 16 JUNE, 2003


Present                  Cr. David Renouf (Chairman)
                         Cr. Bill Goodrem
                         Cr. David Gibb
                         Cr. David Jarman
                         Cr. Anne Shaw
                         Cr. Josephine Smith
                         Cr. Reade Smith
                         Cr. Margaret Bell
                         Cr. Brain Stahl

                         Dr. Michael Kennedy, Chief Executive Officer


Apologies

          Nil.


Confirmation of Minutes

          MOVED:          CR. BELL
          SECONDED:       CR. J. SMITH

          THAT THE MINUTES OF THE ORDINARY MEETING HELD ON 2 JUNE 2003 BE
          CONFIRMED.

                                                                                       CARRIED

Declarations of Pecuniary Interest

          Nil.


Petitions and Joint Letters

There were no Petitions or Joint Letters to be considered.


Rotary Club of Sorrento – Presentation of Cheque for new Community Facility

Cr. Bell presented a cheque to Council from the Rotary Club of Sorrento. The cheque for $20,159.30
is a contribution towards the new Sorrento Community Facility.

The Mayor, Cr. David Renouf, will provide a letter of appreciation to the Club.


Question Time

There were no questions asked by the public.




Mornington Peninsula Shire Council                                                              1
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

REPORT TO                   Ordinary Meeting of Council                       ITEM NO. 2.1
MEETING DATE                Monday, 16 June, 2003
SUBJECT                     Planning Scheme Amendment C47
PREPARED BY                 Joshua Clydesdale, Strategic Planner
AUTHORISED BY               Manager - Strategic Planning
FILE NO.                    0820/110/C47


SUMMARY

The purpose of this report is to recommend to Council that Amendment C47 be adopted generally as
exhibited, but excluding the St Marks Church site and land in Wattle Court and Village Street,
Balnarring. It is also recommended that a local planning policy and Schedule 11 to the Development
Plan Overlay be adopted to respond to the issues raised by objecting submitters and the Independent
Panel.

Amendment C47 proposes to delete the existing Design and Development Overlay Schedule 2
(DDO2) from land surrounding the Balnarring commercial centre and replace it with the Design and
Development Overlay Schedule 1 (DDO1). The purpose of the amendment is to allow for
consideration of increased residential densities within 400 metres of the Balnarring commercial centre
to respond to an identified housing need. A total of 139 submissions to the amendment were received.

BACKGROUND

The land affected by the amendment (as exhibited) is shown in Appendix 1 and is generally bounded
by Frankston-Flinders Road to the south, Stumpy Gully Road to the east and Hurley Street to the
north. Land affected by the amendment can be broadly separated into three distinct ‘precincts’:

•   5 lots (with an average lot size of approximately 7000 square metres) between Balnarring Road
    and Stumpy Gully Road, including the St Marks Church site to the south;
•   the Village Street and Wattle Court area (with an average lot size of approximately 800 square
    metres), which is already predominantly developed with single dwellings; and
•   4 parcels of land fronting Frankston-Flinders Road, including 15 existing units at 3070 Frankston-
    Flinders Road.

The amendment area (as exhibited) applies to approximately 9.5 hectares of land, or approximately 9
per cent of land zoned Residential 1 in Balnarring. Land affected by the amendment is generally flat
and has predominantly been cleared of vegetation.

The owner of 3060 Frankston-Flinders Road initially requested that the Planning Scheme be amended
to allow an application for 8 dwellings to be considered on this site. The amendment area was
extended to surrounding land zoned Residential 1 within 400 metres of the Balnarring commercial
centre for the following reasons:

•   To diversify the housing stock in Balnarring in response to an identified housing need. Council’s
    adopted Triple A Housing Policy indicates that the percentage of the housing stock in the
    Balnarring area which consists of single dwellings is relatively high at 95.3 per cent, compared
    with the Shire average of 88 per cent. Figures from the 2001 Census also indicate that there is a
    lack of housing diversity in Balnarring to respond to an ageing population; and
•   To maximize social and physical infrastructure provision in accordance with the urban
    consolidation objectives of the Planning Scheme.




Mornington Peninsula Shire Council                                                                  2
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47          (0820/110/C47)                       ITEM NO. 2.1

BACKGROUND (CONT’D)
The current DDO2 allows no more than 2 dwellings or no more than 2 lots to be created per 1300
square metres of area (i.e. 1 dwelling per 650 square metres, or 1 dwelling per 585 square metres if
approximately 10 per cent of the site is developed for roads and reserves). The proposed DDO1 has
no specific dwelling density requirement. However, a planning permit is required for subdivision or
to construct two or more dwellings on a lot and any application must adequately respond to the
requirements of ResCode, which are the statewide provisions relating to subdivision and the
development of dwellings.

The amendment essentially reinstates, for part of Balnarring, the opportunity to consider multi-
dwelling applications that existed under the former Hastings Planning Scheme.

ADVERTISING AND SUBMISSIONS
A total of 139 submissions to the amendment were received including 46 objecting, 92 in support and
1 submission seeking change (extension of the DDO1 area). In addition to these submissions
responses have been received from 4 government agencies/authorities who did not object to the
proposal. Copies of all submissions may be inspected in full on file or the Ausinfo system (file ref
0820/110/C47).

It should be emphasised that the supporting submissions included 88 ‘pro-forma’ letters and 7 of these
proforma letters were not signed.

A summary of the main issues raised in submissions is provided below.

Issues raised in submissions supporting the amendment

Submissions supporting the amendment identify that there is a need in the community to provide more
diverse housing options, particularly for elderly people, within close proximity of the Balnarring
commercial centre. It is recognised, however, that any development should respect the village
character of the township.

Issues raised in the submission seeking the amendment to be changed

This submission supports the objectives of increasing diversity of housing choice and population
density within the Balnarring township. However, the submitter considers that these objectives will be
difficult to achieve as the majority of land within the amendment area is already developed. It is
proposed to include an additional 4 hectares of land (abutting to the north of the amendment area)
within the amendment area to maximise physical and social infrastructure provision and to more
effectively meet the amendment objectives.

Issues raised in the objections to the amendment

The major issues raised in the submissions objecting to the amendment include the:

•   Impact of increased residential densities on the ‘village’ character of Balnarring;
•   Inequitable distribution of benefits to developers, not existing residents;
•   Lack of community consultation and desire to undertake a community needs analysis before
    proceeding with the amendment;
•   Impact on road safety and maintenance and lack of public transport services in the locality;
•   Inability of the commercial centre to cater for increased population, including the lack of car
    parking; and
•   Impact on rates of existing homes in the amendment area.


Mornington Peninsula Shire Council                                                                  3
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47             (0820/110/C47)                      ITEM NO. 2.1



ADVERTISING AND SUBMISSIONS (CONT’D)

Issues raised in the objections to the amendment (Cont’d)

Objecting submitters considered that the extent of opposition to the amendment was not clearly
described in previous Council reports and accordingly a more detailed account of the issues arising
following the exhibition of Amendment C47 is provided below.

Some residents considered that inadequate consultation about the amendment had occurred prior to the
exhibition of Amendment C47 and that the statutory notification process which was followed was
insufficient. In response to these concerns, a public meeting was held on 16 August 2002 and the
exhibition period was extended to provide local residents and other affected persons additional time to
lodge submissions.

Following this public meeting, which was attended by more than 100 local residents, the ‘Balnarring
Community Reference Group’ was established with the purpose of providing a local voice in current
and future planning matters in Balnarring. The Reference Group is continuing to meet with Shire
Officers on an ongoing basis. One of the major achievements of the Reference Group has been the
holding of the Balnarring Community Planning Day on 1 February 2003. The Community Planning
Day was also attended by more than 100 local residents with the purpose of identifying what residents
value about Balnarring and the future needs and priorities of local residents. In conjunction with the
Reference Group, the ‘Balnarring Community Plan’ is in the process of being developed to identify
preferred directions and priority projects for the township.

DISCUSSION

Following exhibition of the amendment Council requested the Minister for Planning to appoint an
Independent Panel to review submissions and to provide a report. The Panel held hearings on the 12
December 2002 and 10 February 2003 and has subsequently submitted a report.

The Panel indicates that it is ‘generally in accord with the objectives of the amendment to have some
capacity to allow housing diversity in proximity to the Balnarring village centre, especially for elderly
residents wishing to remain in the area in more suitable and well located accommodation’. However,
the Panel concludes that the amendment had been ‘hastily prepared’ and inadequately considered in
strategic terms and recommended that:

•       Amendment C47 apply only to 1 lot at 3060 Frankston-Flinders Road; and
•       Council undertake further investigation and consultation before developing a revised
        amendment to apply to residential densities in proximity to the Balnarring commercial centre.

It is important to note, however, that:

•       Council is not required to accept the recommendations of the Panel, but if it decides on an
        alternative course of action it must give its reasons in a report to the Minister for Planning;
        and
•       The Panel did not conclude that the amendment was not required or was inappropriate in
        principle.

In this instance it is considered that Council should not adopt all of the recommendations of the Panel
and that alternatives which address the concerns of the Panel are available.




Mornington Peninsula Shire Council                                                                     4
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47            (0820/110/C47)                        ITEM NO. 2.1

DISCUSSION (CONT’D)

If Council resolves to adopt the amendment in accordance with the Officers recommendation, the
argument presented to the Minister for Planning (who makes the final decision about whether the
amendment will be adopted) will be:

•       The Panel report clearly recognises the need to provide greater housing diversity in
        Balnarring, but that adoption of the Panel’s recommendation may in fact limit the ability to
        achieve this aim;
•       An appropriate planning framework can be put in place to ensure that the village character of
        Balnarring is protected while still providing for greater housing diversity; and
•       The approach recommended in this report will better give effect to the adopted policy
        directions of Melbourne 2030 than simply abandoning C47 for an indefinite period.

These matters are discussed in further detail below.

Amendment C47 is considered to be fully consistent with State and local planning policies that
support urban consolidation in close proximity to activity centres. In particular, relevant policy
directions of Melbourne 2030 include:

Policy 1.1: Build up activity centres as a focus for high quality development, activity and living for the
whole community.

This policy is to be implemented by:

Encouraging higher density housing in and around Neighbourhood Activity Centres that is designed to
fit the context and enhances the character of the area while providing a variety of housing options for
different types of households.

Policy 1.3: Locate a substantial proportion of new housing in or close to activity centres and other
strategic redevelopment sites that offer good access to services and transport.

This policy is to be implemented by encouraging higher density housing on centrally located sites and
ensuring that planning for growth areas provides for a mix of housing types and higher densities
around activity centres.

Policy 2.1: Establish an urban growth boundary to set clear limits to Metropolitan Melbourne’s
outward development.

This policy is to be implemented by containing urban development within the established urban
growth boundary to facilitate achievement of a compact city.

Clause 21.07-1 of the Municipal Strategic Statement also outlines a policy of focusing future
development in the major townships while maintaining well defined growth boundaries that will
maintain the environmental, cultural and rural values of the Peninsula.

Amendment C47 will provide an opportunity to consolidate an existing residential area and provide
housing within a neighbourhood that is well located in terms of access to community services and
facilities in accordance with the policy directions of Melbourne 2030. Additionally, the amendment
also facilitates greater diversity of housing in Balnarring to respond to changing demographic trends
and in this respect it also accords with the social planning objectives of Melbourne 2030.




Mornington Peninsula Shire Council                                                                      5
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47            (0820/110/C47)                       ITEM NO. 2.1

DISCUSSION (CONT’D)

In its report, the Panel focussed on the 3 main precincts within the amendment area being:

1.      Lots fronting Frankston-Flinders Road;
2.      Lots fronting Village Street and Wattle Court; and
3.      Lots located between Balnarring Road and Stumpy Gully Road, inclusive of the St Marks
        Church, hereafter referred to as the ‘Balnarring Triangle’ area.

A response to the Panel’s recommendation for each of these 3 precincts is provided below. In
summary, the land recommended in this report for inclusion in the amendment is shown in Appendix
2. The revised amendment area, in accordance with the Panel’s recommendations, excludes the St
Marks church site and land in Wattle Court and Village Street.

1.      Lots fronting Frankston-Flinders Road

This precinct includes 3 large lots each containing single dwellings and 1 lot which has previously
been developed (under former planning controls) with 15 units at 3070 Frankston-Flinders Road. The
inclusion of these lots within the amendment was mostly well supported by submitters in comparison
to the other ‘precinct’ areas. However, the Panel concluded that:

‘       …the area at 3060, 3070, 3079, 3080 Frankston- Flinders Road is suitable for providing some
        housing diversity especially for elderly residents wishing to remain in Balnarring. The
        existing development of 15 units shows that this can successfully be achieved with little impact
        on the landscape and environment. The area is well located in relation to access to the village
        centre and related services. However, the Panel was not inclined to include this area in its
        totality in the amendment given the overall lack of strategic consideration and adequate
        community consultation in relation to the amendment...’

The Panel’s recommendation that only 1 lot fronting Frankston-Flinders Road be included in the
amendment is not supported. The 3 other lots (one of which already contains 15 units that has been
‘achieved with little impact on the landscape and environment’) are prime candidates for medium
density housing. These lots have no unique character (such as the ‘Balnarring Triangle’ precinct) and
there are no environmental constraints that would not make these lots suitable for increased residential
densities. These lots can be suitably developed in accordance with the neighbourhood character and
residential amenity requirements of ResCode. Given these factors it is unclear what further strategic
factors need to be taken into consideration. Equally, it is unclear what further community consultation,
prior to consideration of specific development proposals, would be of real value.

If the amendment is adopted solely in accordance with the Panel recommendation, an additional 3
dwellings only could be provided at 3060 Frankston-Flinders Road compared to the existing DDO2
control. This is clearly an insufficient response to address the housing need in Balnarring. However,
if the other lots fronting Frankston-Flinders Road are included in DDO1, it would provide an
opportunity for an additional 13 dwellings (approximately) to be developed on 3079 and 3080
Frankston-Flinders Road.

2.      Lots fronting Wattle Court and Village Street

In terms of the Village Street and Wattle Court area, the Panel noted that:

No serious argument was presented that there was any potential lot or dwelling yield likely from the
recently developed Wattle Court/Village Street subdivision. This land appears to have been included
to acknowledge its status as a higher density subdivision than usual in Balnarring and to present an
orderly planning scheme map.

Mornington Peninsula Shire Council                                                                    6
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47             (0820/110/C47)                        ITEM NO. 2.1

DISCUSSION (CONT’D)

2.      Lots fronting Wattle Court and Village Street (Cont’d)

Land in Wattle Court and Village Street was included in the amendment area to promote
redevelopment opportunities in the longer term in recognition of the fact that the land has only
recently been developed and in response to the lands proximity to the commercial centre. However,
given that some landowners in this area were concerned about the application of DDO1 and there will
be limited scope to provide greater diversity of housing in the short term, it is recommended that this
area be excluded from the amendment in accordance with the Panel’s recommendation.

3.      Balnarring Triangle area

The principal concerns of the Panel relate to the need to further consider neighbourhood character and
ensure that the amendment delivers the required housing outcomes (ie. a greater diversity of housing).
This is particularly relevant to the Balnarring Triangle area as this land has the greatest scope to be
developed because the land is either currently vacant or only contains single dwellings.

In accordance with the Panel recommendation, it is considered that the St Marks church site should be
excluded from the amendment area. The existing use of this site is unlikely to change in the short to
medium term and given that the land is included in the Heritage Overlay the exclusion of the site from
the amendment area is considered to be a ‘common sense’ outcome.

Assuming that the St Marks church site is excluded from the amendment, there are 4 lots (with an
average area of approximately 7000 square metres) suitable for medium density housing in this
precinct. To gain an appreciation of the effect of the amendment in this precinct, it is useful to
consider potential lot yield estimates compared to the existing planning controls.

It is estimated that an additional 28 lots (approximately) would be created if lot sizes of 400 square
metres were created in the Balnarring Triangle area (excluding the St Marks church site) compared to
the existing DDO1 planning control. It is probable, however, that the number of additional dwellings
created may be lower than this estimate after land is ‘removed’ from the subdivision for the creation of
roads, reserves and the like.

The Panel was concerned that ‘exactly how many potential allotments could be created if the
amendment proceeded was unclear’. This position was partly based on the fact that Council’s lot yield
estimates differed to 1 of the submitters estimates because a different percentage of the site area was
assumed to be developed for roads and reserves. It must be stressed that calculating potential lot
yields is not an error free exercise and that certain assumptions must be made (eg. that average lot
sizes of 400 square metres will be created). It is not realistic to expect ‘exact’ lot yield calculations to
be made, but the estimates provided to Council in this report are ‘reliable’.

It is recognised that the Balnarring Triangle area needs to be sensitively developed to ensure that site
and area responsive development occurs. Most submitters are concerned that the character of the
Balnarring Triangle area will be eroded if typical ‘suburban’ development was to occur. Many
residents, for example, consider the recent development of Wattle Court and Village Street to be
inappropriate. Residents consider that matters such as the retention of vegetation, additional
landscaping, the provision of pedestrian paths, controls on the scale of development and the like
should be incorporated into any development of the Balnarring Triangle area to ensure that the village
character of Balnarring is protected.

In response to the concerns raised by submitters following the exhibition of Amendment C47, a draft
local planning policy applying to the Balnarring Triangle area was presented at a public meeting to
demonstrate that additional planning tools were available to support ‘site responsive’ development.

Mornington Peninsula Shire Council                                                                        7
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47            (0820/110/C47)                        ITEM NO. 2.1

DISCUSSION (CONT’D)

3.      Balnarring Triangle area (Cont’d)

The intention at the Panel hearing was to refer to this draft local planning policy to also demonstrate to
the Panel that concerns about neighbourhood character could be appropriately addressed. However,
the Panel ruled that they would not directly consider this draft local planning policy because 1
submitter (pursuing a 5 lot subdivision of land within the amendment area at VCAT under the existing
planning controls) believed that they would be denied ‘natural justice’ because the policy was not
‘formally’ exhibited as part of the amendment.

The local planning policy has been amended following the receipt of the Panel report as attached in
Appendix 3. The objective of this policy is to encourage development that respects the village
character of the township. Another important objective of the policy is to encourage a diversity of
housing types to meet the communities future needs and to not encourage ‘typical’ residential lots.
More specific policy directions are provided to ensure that the most important characteristics and
community needs are given appropriate recognition such as support for a pedestrian link between
Balnarring Road and Stumpy Gully Road.

The introduction of the policy on its own would not, however, promote the integrated development of
the land. Accordingly it is recommended that Schedule 11 to the Development Plan Overlay attached
as Appendix 4 also be adopted as part of Amendment C47. Schedule 11 to the Development Plan
Overlay requires (with some exemptions) the need to submit a development plan to Council for
consideration before a planning permit can be issued. In this way, the type and form of future
development of the Balnarring Triangle precinct can be considered in a holistic manner in conjunction
with the directions of the local planning policy.

The concerns raised regarding the protection of village character and the need for effective
consultation on character issues are important. The key question may, therefore, be – is there another
mechanism that can ensure proper consideration of neighbourhood character before new development
proceeds in the C47 area, but without effectively needing to duplicate the amendment process that has
already been undertaken?

The proposed answer to this question is that a Development Plan Overlay control can require the
completion of a neighbourhood character assessment and development requirements/guidelines to the
satisfaction of Council before any development occurs and that this process can incorporate further
extensive opportunities for community consultation. While this approach depends on the community
accepting that Council will exercise good judgement, the approval of any development ultimately
depends on the exercise of this discretion.

Accordingly, it is recommended that the local planning policy and Schedule 11 to the Development
Plan Overlay be adopted by Council as part of Amendment C47, even though these planning tools
were not formally exhibited as part of the amendment. However, the Minister for Planning may
consider that the local planning policy and Schedule to the Development Plan Overlay should only
proceed on an ‘interim’ basis subject to additional notification occurring, following a similar process
to the interim 40 hectare amendment (C59) applying to the subdivision of land in the Rural Zone
Schedule 1 and 2.

While the policy and Development Plan Overlay were not formally exhibited as part of Amendment
C47, it should be noted that both tools do not result in any adverse impacts for local residents, but are
simply supplementary planning tools put forward to promote a better planning outcome in response to
the concerns raised by submitters and the Panel.



Mornington Peninsula Shire Council                                                                      8
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47            (0820/110/C47)                        ITEM NO. 2.1

DISCUSSION (CONT’D)

3.      Balnarring Triangle area (Cont’d)

In terms of the affected landowners in the Balnarring Triangle area, there is also no significant adverse
impact resulting from the introduction of the local planning policy or the Schedule to the Development
Plan Overlay, as the development plan requirements do not apply to certain buildings and works (eg.
the extension of an existing dwelling). Additionally, it should be noted that it would be possible for a
single dwelling to be developed on a lot (including a recently subdivided lot at 17 Balnarring Road)
without the need for a planning permit or the submission of a development plan.

Abandoning the Balnarring Triangle area from the amendment as recommended by the Panel will
result in a lost opportunity to achieve the strategic objectives envisaged by the amendment. The
potential inability for this key land resource to be more effectively utilised in the future (subject to a
separate amendment process) is highlighted by the recent approval by VCAT of an inappropriate 5 lot
subdivision at 17 Balnarring Road (immediately north of the St Marks church site).

The subdivision at 17 Balnarring Road creates 5 narrow lots each fronting Balnarring Road (a Road
Zone Category 1) and the associated removal of roadside vegetation, which is a defining entry feature
to the township. The creation of numerous crossovers and associated vegetation removal is likely to
‘expose’ development to the streetscape and does not accord with best practice road safety objectives.

If this 5 lot subdivision proceeds it is possible that each lot may only be developed with single
dwellings, thereby preventing the provision of more diverse housing options. It is possible that the
land may later be developed for medium density housing, but this ‘ad hoc’ approach to medium
density housing would be more likely to adversely affect the village character of Balnarring compared
to the integrated development of the land envisaged by the current amendment process. It should be
noted, however, that the approval of the amendment in accordance with the Officers recommendation
may result in the 5 lot subdivision being re-considered. However, if the amendment does not proceed
at this stage it is much more likely that the current permit to create five lots will be acted on.

In terms of the 1 submitter who requested that the DDO1 area be extended to include 2 lots north of
the Balnarring Triangle area (at 41 Stumpy Gully Road and 51 Balnarring Road), the position taken at
the Panel hearing was that this land should not be included in Amendment C47 without further
exhibition because of the concerns raised about the impact of the amendment on the character of
Balnarring.

While the inclusion of land at 41 Stumpy Gully Road and 51 Balnarring Road would provide the
opportunity for additional housing diversity and co-ordinated development opportunities, it would not
be practical to re-exhibit the amendment at this time as a result of the concerns raised above regarding
the approval of inappropriate development under the existing planning controls. It is considered that if
the Balnarring Triangle area is to be developed in an integrated manner, it is a case of proceeding with
some urgency rather than further delaying the process.

The Panel considered that Council’s position at the hearing in relation to land at 41 Stumpy Gully
Road and 51 Balnarring Road reflected that there may be further ‘piecemeal’ amendments in
Balnarring. The response to this concern is that if there is an identified need to provide additional
housing diversity in close proximity to the township (following the development of land in the C47
area) then it would be a reasonable approach to pursue a separate amendment if and when required.




Mornington Peninsula Shire Council                                                                      9
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47            (0820/110/C47)                       ITEM NO. 2.1

DISCUSSION (CONT’D)

3.      Balnarring Triangle area (Cont’d)

Response of Balnarring Reference Group

The Balnarring Reference Group has been provided with the opportunity to present their views about
the Panel’s recommendation. Four (4) responses from Reference Group members are provided below.

1. I was disappointed at the findings of the Panel as I believe they have missed an opportunity for
forward planning that would ensure a more satisfactory amenity in the Balnarring village area.

The Panel seems to have overlooked the strong community support for medium density cluster housing
within the proposed C47 area.

In their conclusions:
Area 1 of the report - the proposed residential development at 41 Stumpy Gully Road which is outside
the C47 area seems to have clouded their judgement and is outside their terms of reference. The
designated land within the C47 zone is an area most suitable for future medium density housing
preferably of the cluster type. The proposed subdivision at 17 Balnarring Road which I believe to be
an inappropriate and insensitive development with multiple entrances and paling fences etc is an
unacceptable alternative. Once the area has been all subdivided in an insensitive manner it will lower
the amenity of the area whereas cluster housing with well planned plantings f indigenous vegetation
will enhance it.

Area 2 – this area is mostly developed, but as this plan is for the long term future of our area why not
leave it in?

Area 3 – the reasoning given for the Panel’s decision in this area is erroneous. The community has
demonstrated at the community meetings that there is a need for diverse medium density housing near
the village and this is a suitable area for this development. This C47 proposal has arguable had more
community discussion and meetings than any other planning amendment. The correct decision has
been made on 3060 Frankston-Flinders Road, but the overall decision to excise the totality of this
area from its recommendation does not appear logical. The Panel’s own words – “the existing
development of 15 units shows that this can be successfully achieved with little impact on the
landscape and environment. The area is well located in relation to access to the village centre and
related services.”

I hope the Councillors in their wisdom will look very closely at the report, see its failings and approve
Planning Scheme Amendment C47 in its entirety.

2. “I agree with the Panel’s considerations, conclusions and recommendations regarding Amendment
C47.
Before an amendment such as this is passed there must be established guidelines on issues such as
maximum size of dwelling relative to lot size, that are the ‘local’ demands for housing and what
constitutes neighbourhood character etc.
More work needs to be done between Council and the community to formulate responsible planning
for the future.”




Mornington Peninsula Shire Council                                                                    10
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47             (0820/110/C47)                        ITEM NO. 2.1

DISCUSSION (CONT’D)

3.      Balnarring Triangle area (Cont’d)

3. Firstly I fully concur with the findings in the Report of the Panel March 2003 on Amendment C47. I
agree the amendment, at this stage, should only apply to 3060 Frankston Flinders Road, Balnarring.

Secondly, to oppose the revised amendment that will go to Council on June 16th, on the basis that it is
a premature move and that adequate community consultation has not occurred.

In the last paragraph of the Panel’s Report under 7. Recommendation (page 16) it states:

“       that the Mornington Peninsula Shire Council undertake further investigation and consultation
        before developing a revised amendment to apply to residential densities in proximity to the
        Balnarring commercial centre.”

There has not been adequate investigation and consultation before developing a revised amendment to
apply residential densities in proximity to the Balnarring commercial centre. In fact we will not know
exactly what the revised amendment will entail in its entirety until it appears in the Council s Agenda
on the 13th of June. This is just 3 days before it is to be put before the Council to vote on it and thus no
valid community consultation can really take place in such a short time.

What has occurred in the interim to ensure the Panels concerns have been addressed?
As a member of the Balnarring Community Reference Group (since October 2002) and having only
missed one meeting, (last weeks -27th May) I do not know the answer to this or perceive that anything
significant has been done since the release of the Panel report. In fact we only received a copy of the
Panels recommendations at the 29th of April meeting.

I particularly would like to draw to your and the Councils attention to page 7 of the report where it
states that:

“       The thrust of most submissions from a range of residents was concern at the impact of
        increased residential densities on the village character of the shopping centre and Balnarring
        generally. ………Submissions which were not opposed to the increase in density and housing
        diversity sought by the amendment also emphasised the importance of such development being
        related to local character.”

As a volunteer member of the Balnarring Reference Group, one whom helped to organise and I
hesitate to say facilitate the Community Planning Day, I know that, as yet, we have not commenced
any work on a Balnarring Design Guidelines on local character other than loosely collating the
material from the February 1st Community Planning Day. It is my understanding that we will
commence work on this at the next Balnarring Reference Group meeting (a date of which is yet to be
set and that will be after the Council meeting on June 16). Again these guidelines need to be address
properly and extensively amongst the community before this amendment is revisited. The Balnarring
Reference Group as it stands does not have the representation or the authority to determine these
guidelines solely from one Community Day and from their opinions alone it must be transparent/open
and continual community consultation of a form that as yet has not been achieved.




Mornington Peninsula Shire Council                                                                       11
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47            (0820/110/C47)                        ITEM NO. 2.1

DISCUSSION (CONT’D)

3.      Balnarring Triangle area (Cont’d)

The assertion about the importance of maintaining local character is significant and is also apparent
from the material that has been loosely collated into the Council paper titled:

                                 Balnarring Community Planning Day
                                       Saturday 1st February 2003
                                   Collation of Workshop Material
                              Prepared by the Balnarring Reference Group
                          in conjunction with the Mornington Peninsula Shire.

I believe that the reported concerns of the Panel have not been adequately addressed and at the very
least proper, valid and effective community consultation has not occurred and again this revised
amendment is premature. It is possible that if this amendment is to be adopted that it will be a case of
shutting the gate after the horse has bolted and that it will further devalue any previous community
consultation, and thus any potential future community consultation. Adopting it prematurely will in
effect create the real possibility of a dormitory suburb springing up of which Council purports not to
support. What assurance can be made that this won’t be the case? Whatever the answer to this
question it still does not address the inadequate community consultation and the significant devaluing
of this process on the Councils behalf.

The panel in its report states that:

"       It is the Panel’s view that some advance in establishing neighbourhood character for
        Balnarring needs to be in place before an amendment proceeds”

and thus far this is not the case! (As stated above) Also it must be noted that the Panel:

“       does not believe the draft policy gives adequate guidance to help Council exercise its
        discretion to alleviate the housing problems identified or to prevent the type of suburban
        dormitory type development it seeks to discourage.”

As stated in my submission to the Panel I am not against change per say, on the contrary I wish to
embrace it which means continued community consultation and no blanket overlay. Change of the
current overlay must be put off until all these concerns and ramifications are addressed and a proper
representational Balnarring Guidelines Document and a definite Local Planning Framework Policy
produced with valid community support.

In conclusion, at this point in time, the amendment should only be applied to 3060 Frankston Flinders
Road (without delay) and not to the St Marks sites or the immediate area behind it until much more
work has been done with the community and that which informs us about its real ramifications. At the
very least a Balnarring specific Guidelines Document has to be formulated, circulated and adequately
addressed by many members of the community and not just the few of the Balnarring Reference Group
(some of whom have pecuniary interests in the passing of this amendment). It is not my intention to
belittle the work that this group of volunteers have done to date (nor for that matter the work that you
Josh and Allan Cowley have done with us) in fact I know as a whole the effort and genuine concern for
their community these people have, but as yet this is not enough for the proposed revised amendment
to be adopt by Council.




Mornington Peninsula Shire Council                                                                   12
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47            (0820/110/C47)                        ITEM NO. 2.1

DISCUSSION (CONT’D)

3.      Balnarring Triangle area (Cont’d)

4. After making the decision to move to Balnarring several years ago I have come to appreciate
greatly the pleasant and quiet village atmosphere of this town. Recently land close to the Balnarring
Village has been subjected to a proposed land rezoning called the C47 Planning Scheme Amendment.
In response to concern expressed by the local community a panel, chaired by associate professor
Renate Howe was set up to hear submissions and investigate the amendment. Unfortunately the final
report of the panel found serious flaws in this planning scheme. It stated, I quote “Overall the Panel
considers the amendment hastily prepared and inadequately considered in strategic terms.”

 Part of the land in the planning scheme, called Area 1 is bounded by Stumpy gully Rd and Balnarring
Rd and includes the St Mark’s Church site. Concerning this, another quotes from the panel’s report
states “The Panel was also concerned that road and pedestrian access, traffic and parking issues for
Area 1 had not been fully considered and, as has been noted, the future status of the St Mark's Church
heritage site has had scant consideration.”

In spite of these comments and many other serious concerns expressed by the panel I have been led to
believe that the Mornington Shire Council may disregard the findings of this report and proceed with
this Planning Scheme.

Town Planning decisions affect the whole community and any adverse consequences are often
impossible to undo. I fear that irreparable damage may be done to the quality of life enjoyed by myself
and other members of the community. This quality of life must not be compromised by hasty and
poorly thought out town planning. I urge the Mornington Shire Council to delay the C47 Planning
Scheme until they have examined in detail the many issues raised in the panel’s report.

CONCLUSION

Amendment C47 was brought forward as a responsible initiative to address a level of housing need in
the Balnarring community. Balnarring is not an area where substantial change within established
residential areas should be encouraged, but the need to provide a reasonable level of additional
housing choice in close proximity to the commercial centre needs to be recognised.

The Independent Panel recognised the need to provide greater housing diversity, but its
recommendation does little to facilitate meeting this need. Accordingly, it is recommended that
Amendment C47 be adopted generally as exhibited, excluding the St Marks church site and land in
Wattle Court and Village Street. It is expected that this will result in the provision of an additional 40
dwellings (approximately) in the township, which should provide a reasonable balance between
providing housing diversity and avoiding adverse impact on village character.

It is also recommended that a local planning policy and Development Plan Overlay be submitted to the
Minister for Planning for approval to ensure that a neighbourhood character assessment and
appropriate development guidelines are approved before any development proceeds, that the required
housing outcomes are supported and that the future integrated development of the land respects the
village character of Balnarring.




Mornington Peninsula Shire Council                                                                     13
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47        (0820/110/C47)        ITEM NO. 2.1

RECOMMENDATION

       1.      THAT COUNCIL, IN ITS ROLE AS PLANNING AUTHORITY:

               HAVING COMPLIED WITH DIVISIONS I AND 2 OF THE PLANNING AND
               ENVIRONMENT ACT 1987 AND HAVING CONSIDERED:

               •       ALL SUBMISSIONS MADE TO MORNINGTON PENINSULA
                       PLANNING SCHEME AMENDMENT C47 IN ACCORDANCE WITH
                       SECTION 22(1) OF ACT; AND
               •       THE INDEPENDENT PANEL’S REPORT UNDER SECTION 27(1) OF
                       THE ACT;

               ADOPTS IN PART MORNINGTON PENINSULA PLANNING SCHEME
               AMENDMENT C47 EXCLUDING LAND AT 2–14 WATTLE COURT AND 1-20
               VILLAGE STREET, BALNARRING AND THE ST MARKS CHURCH SITE AT 1
               BALNARRING ROAD, BALNARRING.

       2.      THAT COUNCIL, IN ITS ROLE AS PLANNING AUTHORITY:

               •       SUBMITS TO THE MINISTER FOR PLANNING LOCAL PLANNING
                       POLICY 22.18 AND SCHEDULE 11 TO THE DEVELOPMENT PLAN
                       OVERLAY FOR APPROVAL AS PART OF AMENDMENT C47.


COUNCIL DECISION

       MOVED:    CR. STAHL
       SECONDED: CR. SHAW

       1.      THAT COUNCIL, IN ITS ROLE AS PLANNING AUTHORITY:

               HAVING COMPLIED WITH DIVISIONS I AND 2 OF THE PLANNING AND
               ENVIRONMENT ACT 1987 AND HAVING CONSIDERED:

               •       ALL SUBMISSIONS MADE TO MORNINGTON PENINSULA
                       PLANNING SCHEME AMENDMENT C47 IN ACCORDANCE WITH
                       SECTION 22(1) OF ACT; AND
               •       THE INDEPENDENT PANEL’S REPORT UNDER SECTION 27(1) OF
                       THE ACT;

               ADOPTS IN PART MORNINGTON PENINSULA PLANNING SCHEME
               AMENDMENT C47 AS EXHIBITED EXCLUDING LAND TO BE ABANDONED
               AT 2–14 WATTLE COURT AND 1-20 VILLAGE STREET AND THE ST MARKS
               CHURCH SITE AT 1 BALNARRING ROAD, BALNARRING.

       2.      THAT COUNCIL, IN ITS ROLE AS PLANNING AUTHORITY:

               SUBMITS TO THE MINISTER FOR PLANNING FOR APPROVAL
               AMENDMENT C47 – PART 1, BEING LAND AT 3060, 3070, 3078 AND 3080
               FRANKSTON FLINDERS ROAD.




Mornington Peninsula Shire Council                                          14
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Planning Scheme Amendment C47        (0820/110/C47)       ITEM NO. 2.1



COUNCIL DECISION (CONT’D)

       3.      THAT COUNCIL, IN ITS ROLE AS PLANNING AUTHORITY:

               ONLY SUBMITS AMENDMENT C47 – PART 2, BEING LAND AT 17 AND 19
               BALNARRING ROAD AND 21 AND 25 STUMPY GULLY ROAD TO THE
               MINISTER FOR PLANNING FOR APPROVAL FOLLOWING THE
               PREPARATION, EXHIBITION AND APPROVAL OF A NEIGHBOURHOOD
               CHARACTER ASSESSMENT AND APPROPRIATE DEVELOPMENT
               REQUIREMENTS AND GUIDELINES BY NO LATER THAN 16 OCTOBER
               2003.
       4.      THAT COUNCIL, IN ITS ROLE AS PLANNING AUTHORITY:
               SUBMITS TO THE MINISTER FOR PLANNING LOCAL PLANNING POLICY
               22.18 AND SCHEDULE 11 TO THE DEVELOPMENT PLAN OVERLAY FOR
               APPROVAL AS PART OF AMENDMENT C47 – PART 2 AFTER
               RECOMMENDATION 3 HAS BEEN MET.

                                                                     CARRIED




Mornington Peninsula Shire Council                                        15
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                      ATTACHMENT

Planning Scheme Amendment C47        (0820/110/C47)         ITEM NO. 2.1




Appendix 1: Land affected by Amendment C47 (as exhibited)




Mornington Peninsula Shire Council                                         16
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                      ATTACHMENT

Planning Scheme Amendment C47        (0820/110/C47)   ITEM NO. 2.1




Mornington Peninsula Shire Council                                    17
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                      ATTACHMENT

Planning Scheme Amendment C47        (0820/110/C47)          ITEM NO. 2.1


Appendix 2: Land recommended for inclusion in Amendment C47 (post exhibition)




Mornington Peninsula Shire Council                                              18
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

REPORT TO                    Ordinary Meeting of Council                         ITEM NO. 2.2
MEETING DATE                 Monday, 16 June, 2003
SUBJECT                      Overview of Australia Day 2003
PREPARED BY                  Peter Gore, Manager - Recreation and Cultural Services and
                             Julia Humbles, Festivals and Events Co-ordinator
AUTHORISED BY                Director - Sustainable Communities
FILE NO.                     0110/140


SUMMARY

The purpose of this report is to provide Council with an overview of Australia Day 2003 and its
program of activities.

POLICY CONTEXT

The corporate plan identifies a number of key commitments/goals to support the community’s vision
including:

TO SERVICE AND STRENGTHEN LOCAL COMMUNITIES

Council is committed to strengthening its communities and will promote and provide quality services,
facilities, programs and opportunities that foster community health and wellbeing.

To protect, promote and enhance the unique cultural heritage of the municipality and celebrate the
diversity of place and people within the municipality.

TO PROVIDE OPEN, ACCOUNTABLE & CONSULTATIVE GOVERNMENT

Council will be open in its approach, consultative in its decision forming, efficient, effective and
accountable in its stewardship and its advocacy on behalf of the community.

TO FACILITATE A ROBUST LOCAL ECONOMY

Council will actively support economic development that encourages employment opportunities,
enhances social and community wellbeing and is consistent with the special character of the Shire.

Tourism Support and Development (Including Festivals, Events & Promotions)

To adopt measures and strategies that ensure tourism continues to make a significant contribution to
local employment, property investment and capital investment.

Other policy documents relevant to this report include:

ACCESS AND EQUITY POLICY

The Mornington Peninsula Shire is committed to the provision of accessible community infrastructure
and services that are equitably available and delivered, being inclusive of the range of social and
cultural needs and aspirations within the Mornington Peninsula community, free from any form of
discrimination.

The ultimate purpose of the Mornington Peninsula Shire Access and Equity Policy is to maximize
civic participation in the use of built assets, open spaces, services and council processes guide decision
making that complies with Council’s legislative responsibilities access and equity legislation

Mornington Peninsula Shire Council                                                                     19
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Overview of Australia Day 2003 (0110/140)                                      ITEM NO. 2.2

HEALTH AND WELLBEING PLAN:

The Mornington Peninsula is committed to supporting and strengthening its diverse communities
through planning and implementing strategies, which facilitate optimal health and wellbeing
outcomes. The Shire will achieve this through the following:

•       Advocacy;
•       Community Development and Support;
•       Integrated Policy and Planning Development;
•       Community Awareness;
•       Community Development and Support;
•       Good Leadership;
•       Provision of Services and Facilities; and
•       Working in Partnership.

BACKGROUND

The Mornington Peninsula Shire’s Australia Day Festival is the most significant community festival
conducted by Council. This event reflects a strong commitment to celebrating our National Day in
partnership with the entire Mornington Peninsula community.
It is this partnership with the community that is the cornerstone to producing an event that is reflective
of the wants and needs of the community.
From small beginnings in its early years this event is now widely recognized as one of the largest and
most significant Festivals in Victoria outside of Melbourne.
Council has a commitment to provide a quality Australia Day Festival to the community.

Key objectives of the event include:

•       To ensure the Festival continues to reflect community needs and therefore deliver a strong
        community focused event;
•       To create and deliver opportunities to involve various community groups; and
•       To create and deliver events to attract major sponsorship income at a variety of levels.

The Festival aims to deliver a range of activities and programs encouraging individuals, families,
businesses and community groups to participate and celebrate.

AUSTRALIA DAY COMMITTEE

The committee has a broad base representation from the community including:

•       One Councilor nominated by the residing Mayor;
•       Council officers from the Recreation and Cultural Services Unit; and
•       Up to six community representatives.

Community representatives shall be selected through a formal process of public advertising for
expressions of interest in March of each year. Members of 2003 committee included:

Dianne Baxter

Dianne Baxter – Managing Director of ‘Trinity Marketing’. Ms Baxter has expertise in – special
events, ‘construction’ and management together with a promotional, marketing and fundraising
background.


Mornington Peninsula Shire Council                                                                     20
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Overview of Australia Day 2003 (0110/140)                                       ITEM NO. 2.2

AUSTRALIA DAY COMMITTEE (CONT’D)

Ian Johnson

Ian Johnson is the President of the 2003 Australia Day Fun Run committee and is the Manager/Owner
of Rosebud Gasmart. Ian has a good relationship with the trade network in Rosebud and is also active
in community recreational activities.

Vicki Street

Vicki has excellent relationships with the local traders and business in Rye and is the Manager/Owner
of her own business at a prime location on the Rye Foreshore. She has also developed a strong
community network through volunteer work with schools and families, in particular young mothers.
Vicki has been involved with the Australia Day activities for the past 2 years.

Andrea Ford

Andrea Ford – Promotions/Events Coordinator for the Mornington Chamber of Commerce was
nominated to expand the trader involvement in the Festival.

Bruce Rayment

Bruce Rayment’s experience in community event management is extensive, specifically logistics
coordination. Bruce has been an active member of a number of major events on the Peninsula e.g:
Environment Week & Tea Tree Festival.

Haydn Godony

Haydn is the entertainment guide publicist for the Independent newspaper group, and has extensive
experience in staging major events for youth audiences on the Mornington Peninsula.

ROLE OF THE COMMITTEE

The role of the community committee includes:

•       Providing a sounding board for Council officers to discuss new activities and the relevance to
        both the event and the local community; so ensuring a sense of ownership over the Festival;
•       Ensuring the Festival reflects the community needs by encouraging and liaising with local
        community groups, traders, local business, and volunteers to be involved in the event; and
•       Networking and promoting the Festival within the community, and other organizations to
        promote the Australia Day Program.

Committee members may also directly assist officers by liaising and working on specific tasks in line
with their particular interests and skills and expertise usually defined in their expression of interest for
the Committee.

The Committee also works within their own network of sponsors to attract both in kind and cash
sponsorships to their various areas; including:

•       Arrange sponsorship for community breakfasts from local businesses;
•       Enlist the support from local groups to provide financial support to stage a full program of
        entertainment in Rye;
•       Co-ordination of volunteers to assist in traffic control and clean up; and
•       Referring local sponsors to the Sponsorship Manager / Partner.

Mornington Peninsula Shire Council
                                                                                                        21
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Overview of Australia Day 2003 (0110/140)                                    ITEM NO. 2.2

SPONSORSHIP

Sponsorship is an integral part of staging an event of this calibre, and to maintain a high quality
program of events and activities such as this it is necessary to attract and maintain both corporate and
local industry support.

For the past two years we have engaged the service of Yvette Madlener from ‘Retaliation’ as a
Sponsorship Partner – Ms Madlener’s role is to:

•       Work closely with the Committee members to develop promotional concepts;
•       To ensure the maximization of potential partnerships and revenue from sponsorships;
•       To produce a sponsorship kit for all event sponsors, which detail the proposed activities and
        successes of the events for sponsors; and
•       To ensure that all benefits promised to the sponsor are provided in full.

Ms Madlener assisted by Council officers made extensive approaches to various companies and
businesses with the view to supplement council’s contribution.

Over (50) fifty approaches were made out of which only six (6) were in cash and ten (10) in-kind, the
major sponsor being Hillview Quarries.

DEBRIEF OF THE FESTIVAL

A formal operational debrief of the committee was held on 12th March 2003. Various suppliers,
contractors, volunteers were also invited to provide separate feedback directly to staff.

This was part of the ongoing consultation process between the community committee and shire
officers.

The meeting provided an opportunity to discuss all aspects of the Festival and to give feedback and
recommendations for future Festivals.

The committee, volunteers and suppliers had a number of positive comments and suggestions to
improve operations in future events.

A number of points have been drawn from individual reports tabled at the debrief and have been listed
along with a number recommendations for the
2003/4 AusDay Festival. This list will be referred to the 2004 committee for consideration.

FESTIVAL HIGHLIGHTS

The Hillview Quarries Street Parade.

Giant puppets depicting endangered species on the Mornington Peninsula were the highlight of this
year’s parade. The bamboo and cane puppets were created parade’s Artistic Director, Ian Cuming. Ian
led a series of community workshops leading up to the event involving various community groups and
individuals from across the peninsula.

The lead puppets were modelled on a pair of peregrine falcons that inhabit Hillview Quarries in
Dromana. The quarry was a major sponsor of the parade. In addition the parade attracted record
entries, (48) which culminated in assorted community groups, organizations and various marching
bands progressing down the Main Street of Mornington into Mornington Park.



Mornington Peninsula Shire Council                                                                   22
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Overview of Australia Day 2003 (0110/140)                                    ITEM NO. 2.2

FESTIVAL HIGHLIGHTS (CONT’D)

Adopt a Ship for Australia Day Hastings & Postcards Ahoy

The Committee developed a concept to send messages of goodwill to troops via post cards. Committee
member Dianne Baxter worked closely with local primary schools in the Westernport area to design
posters in a competition. The winning posters were turned into cards for the general public of the area
to sign and have forwarded with their best wishes to an Australian ship deployed over seas.

The ship adopted was HMAS ANZAC which was serving in the Gulf region and has since returned.

Many emails back and forth to ANZAC about the project resulted in a direct link to the ship on
Australia Day where members of the community sent their best wishes. In addition 200 postcards were
written and then mailed direct to the ship.

A formal letter from Vice-Admiral Ritchie thanked the Shire for its work and support along with
packages from the ANZAC for the 8 winning children.

Community Breakfasts

Once again community breakfast across the peninsula in the various townships attracted record crowds
in Mt Eliza, Hastings, Mt Martha, Rosebud and Rye.

Firework Displays

Spectacular firework displays on Rye and Mornington piers lit up the skies and entertained in excess
of 30,000 on lookers.

NEW THEMES

The Events team is currently focusing on the development of some new themes to add to the
festivities. These have included discussions with the Victorian Kite Flying Association, Australian
Ballooning and the Great Duck Race. (Barwon Heads)

FINANCIAL STATUS

The net financial status of the programs is as follows:

 INCOME
 Council contribution                            $ 92,500.00
 Sponsorship                                     $ 42,000.00

         Sub Total                               $ 134,500.00

 EXPENDITURE

 Sub Total                                       $ 126,398.00

 Total Net ( surplus ) deficit                   $ 8102




Mornington Peninsula Shire Council
                                                                                                   23
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Overview of Australia Day 2003 (0110/140)              ITEM NO. 2.2




RECOMMENDATION

       THAT COUNCIL RECEIVE AND NOTE THE ‘OVERVIEW OF AUSTRALIA DAY 2003’
       REPORT.


COUNCIL DECISION

       MOVED:    CR. JARMAN
       SECONDED: CR. R. SMITH

       THAT THE RECOMMENDATION BE ADOPTED.
                                                                  CARRIED




Mornington Peninsula Shire Council                                     24
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

REPORT TO                    Ordinary Meeting of Council                      ITEM NO. 2.3
MEETING DATE                 Monday, 16 June, 2003
SUBJECT                      Proposed Discontinuance of Lane
                             at rear of 44-54 Campbell Street, Crib Point
                             Completion of Process
PREPARED BY                  Brenda Webb, Property Officer
AUTHORISED BY                Manager - Economic Development
FILE NO.                     0710/020/102


SUMMARY

The owners of 44, 46, 48, 50, 52 & 54 Campbell Street, Crib Point, wish to purchase the unused lane
at the rear of their properties, for consolidation with their respective titles. The owners of 27 & 31
Pearce Street also wish to purchase two portions of the same length of lane, creating a conflict with
several of the Campbell Street owners.

The proposal was advertised in accordance with the provisions of the Local Government Act 1989 and
two (2) submissions were received. Following a hearing of interested parties, the matter has now been
further considered and it is recommended that the road discontinuance be approved and the land sold
to the adjacent owners in Campbell Street for consolidation with their titles.

BACKGROUND

The subject section of lane, shown on the locality map which forms Attachment 1, is not used for
public access. Until recently, small portions were fenced off and included in the back gardens of
adjacent dwellings. As a result of a complaint lodged with Council, the Shire’s Neighbourhood
Support Unit requested that the fences blocking the lane be removed and this has now occurred.

As indicated by property boundaries on the locality map, the lane is a cul-de-sac which finishes at the
rear of 56 Campbell Street. This end of the lane (behind 56 Campbell) was formally closed in 1995
and sold off to the adjacent land-owners. At the other end (to the south-east) the lane opens out into
Pearce Street and is used for access by many residents from this end up to the rear of 42 Campbell
Street.

The lane was originally created as part of an early subdivision (LP 6117) in the first decade of the
1900’s and is 3.6m wide. If offered in appropriate portions to the Campbell Street properties, each
portion would be approximately 20m in length, giving them an additional 72 square metres of area.
Adjacent property sizes are generally 1,000 square metres in area. Vegetation in the lane is not of a
significant nature.

The land is zoned Residential 1. There are no overlay restrictions.

There is a Council drain and a sewer line in the lane. The Shire’s Drainage Engineers and South East
Water require the provision of an easement over the land if it is sold.

Agreement was reached with six residents of Campbell Street to purchase adjacent portions of lane
contiguous with each other and commencing at the closed end of the lane. In addition, two residents of
Pearce Street (Nos 27 & 31) are also interested in purchasing their adjacent portions, thus creating a
conflict situation.




Mornington Peninsula Shire Council                                                                  25
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                                           ITEM NO. 2.3

BACKGROUND (CONT’D)

The map in Attachment 2 shows the two portions of the lane over which there is a conflict of interest.
The conflict came to light following the process of community consultation which was carried out in
accordance with the provisions of the Local Government Act 1989 and the submissions are
summarized under the next heading.

CONSULTATION

The proposal was advertised in two local newspapers (Leader and Independent) on 18 March 2003 and
letters were sent to all land-owners adjacent to the subject section of lane. Two submissions were
received from neighbours in support of their positions for first option to buy the land.

A Section 223 Committee Hearing was held on 22 May 2003 and two residents of Campbell Street
were heard, one being a spokesperson for the other residents of Campbell Street. Copies of the written
submissions are attached (Attachments 3, 4 & 5) and a summary of both written and verbal
submissions follows.

Verbal submissions were presented by:

       SUBMITTER                     PROPERTY                    GROUNDS OF SUBMISSION

 Ms L Farnsworth              48 Campbell         Street, The residents of Campbell Street have
 - on behalf of the owners of Crib Point                  taken a co-operative approach.
 44, 46, 48, 50, 52 & 54                                  Unlawful fencing was removed quickly
 Campbell Street                                          when requested by the Shire Officers.
                                                          New fencing will be carried out quickly to
                                                          solve security problems.
                                                          The owner of 27 Pearce Street has not
                                                          fenced his back yard and allows his dog to
                                                          roam in the lane.

 Mr & Mrs R McKeown             54 Campbell       Street, They are happy to purchase their section
                                Crib Point                plus the “little bit extra” to join up with the
                                                          already-closed section.

The written submission by L Tagell of 31 Pearce Street argues that she had previously requested to
purchase the land but was told that her neighbour at the rear used it for access. Also, she believes that
sale to her would be logical as this section would then fill the gap to the end of the lane and
correspond with the already-closed section.

In summary, the objections do not relate to the proposed closure of the lane (for which there appears
to be general agreement) but to the distribution of the lane between interested purchasers. Note that
there is not an opportunity to split the lane in half lengthways because there are services located there
and the authorities do not favour a split in these circumstances.

The arguments put forward by the residents are analyzed in the following discussion which considers
the options available to Council to settle this matter.




Mornington Peninsula Shire Council                                                                     26
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                                           ITEM NO. 2.3

DISCUSSION

The options available to Council are:

Retain the status quo i.e. do not discontinue the lane.

Sell the lane to the owners of the properties in Campbell Street, over-ruling the interests of two Pearce
Street residents.

Allow the residents of the disputed sections to bid for the land.

Option 1 – Retain the status quo

This is a retrogressive step in that considerable effort has been made by residents and the Shire to
reach agreement and to complete the early stages of the statutory process. The status quo is a disused
lane at the rear of the dwellings, causing residents concern about securing their properties.

Option 2 – Sell the lane to the owners of Campbell Street properties

This will exclude sale of any part of the lane to the owners of 27 and 31 Pearce Street who have
expressed an interest in purchasing their adjacent portions. Ms Tagell’s claim of previous requests to
the Shire could not be found documented on file.

If the full section adjacent to 31 Pearce Street were sold to Ms Tagell, then Mr & Mrs Mail of 52
Campbell Street would only be able to purchase about half of the section at the rear of their property.
Correspondingly, if the Mails buy their full section, then a lesser portion is available to Ms Tagell and
none to the McKeown’s of 54 Campbell Street.

If the decision is made to sell to the Campbell Street owners, then Mr & Mrs McKeown would be
required to buy the length adjacent to their property plus a small “in-fill” between their portion and the
end of the lane. This they have agreed to do.

The advantage of selling only to the Campbell Street owners is that it is straight-forward and fewer
people are disappointed. To compromise by offering part portions in order to give everyone a small
piece is messy, the portions would be small and many residents would not be satisfied. Credit may be
given to the Campbell Street owners for the co-operative effort they made to agree among themselves
and to attend the Hearing to voice their opinions.

The properties fronting Campbell Street are 2.5m shorter in depth than those fronting Pearce Street so
the addition of the width of the lane (3.6m) would contribute towards equalizing the depth of the
properties.

Option 3 – Auction of the disputed sections

Council may arrange for the owners adjacent to the disputed sections to bid for the purchase with sale
going to the highest bidder.

The advantages of this are:

•       Council does not have to decide the dispute;
•       Bidding is a fair system in a competitive market; and
•       Council will gain a higher revenue.

Mornington Peninsula Shire Council                                                                     27
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                                            ITEM NO. 2.3



DISCUSSION (CONT’D)

Option 3 – Auction of the disputed sections (Cont’d)

The disadvantages are:

•       Rewarding the highest bidder does not take into account “merit” factors such as the co-
        operative approach demonstrated by the Campbell Street residents or the relative sizes of the
        adjacent allotments; and
•       Bidding for the northern-most section of lane would be complicated by the non-alignment of
        property boundaries on either side of the lane.

Favoured Option: Option 2

Although this option may be seen as favouring one resident above another, there are sound reasons to
justify selling the land to the Campbell Street residents. The transfer arrangements would be straight
forward and this is considered a major advantage having regard to the numerous transfers involved
and the small remuneration to the Shire. Although the revenue is small, there is an advantage to the
community of increased security if the lane is discontinued. Also, it is appropriate to recognize the
community effort involved in bringing about a workable outcome.

FINANCIAL

Each of the residents of 44, 46, 48, 50, 52 & 54 Campbell Street and 27 Pearce Street have agreed to
the costs of purchasing the adjacent sections of lane for $1,000 each, plus GST ($100 each), transfer
fees and costs of consolidation ($1,650 each).

The cost of the rear portion to Ms Tagell of 31 Pearce Street (if it were made available to her), would
be $1,500 plus GST ($150) and transfer and consolidation costs of $1,650. Confirmation of her
agreement to the costs has not yet been received.

CONCLUSION

The proposed discontinuance of the lane is well supported by the local community. The agreements
for purchase relate to contiguous land-holdings and no land-locked sections will be created. Regarding
the selection of possible buyers, it is considered that Option 2, being the distribution of the land in the
lane to the adjacent owners of the Campbell Street properties, will result in an achievable and
workable outcome.

It is therefore considered appropriate to complete the statutory procedures to discontinue the lane in
accordance with the requirements of the Local Government Act 1989 and to sell the land to the
adjacent residents of Campbell Street based on portions aligned generally with the extension of their
side boundaries.




Mornington Peninsula Shire Council                                                                      28
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                     ITEM NO. 2.3

RECOMMENDATION

       1.      THAT THE ROAD AS INDICATED ON THE ATTACHED PLAN BE
               DISCONTINUED PURSUANT TO CLAUSE 3 OF SCHEDULE 10 OF THE
               LOCAL GOVERNMENT ACT 1989, BY PLACING A NOTICE IN THE
               VICTORIA GOVERNMENT GAZETTE.

       2.      THAT THE LAND IN THE ROAD BE SOLD BY PRIVATE TREATY IN
               APPROPRIATE PORTIONS TO THE OWNERS of 44, 46, 48, 50, 52 & 54
               CAMPBELL STREET, CRIB POINT, FOR THE AGREED PRICE, SUBJECT TO
               RETENTION OF AN EASEMENT OVER THE LAND AND CONSOLIDATION
               OF THE LAND WITH THE ADJOINING TITLES.

       3.      THAT FOLLOWING SATISFACTORY COMPLETION OF THE STATUTORY
               PROCESS, THE COUNCIL SEAL BE AFFIXED WHERE AND WHEN
               NECESSARY AND THE RELEVANT DOCUMENTS SIGNED BY THE
               AUTHORISING OFFICER.


COUNCIL DECISION

       MOVED:    CR. SHAW
       SECONDED: CR. STAHL

       THAT THE RECOMMENDATION BE ADOPTED.
                                                                    CARRIED




Mornington Peninsula Shire Council
                                                                         29
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                       ATTACHMENT
Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                 ITEM NO. 2.3




Mornington Peninsula Shire Council                                    30
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                       ATTACHMENT
Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                 ITEM NO. 2.3




Mornington Peninsula Shire Council                                    31
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                       ATTACHMENT
Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                 ITEM NO. 2.3




Mornington Peninsula Shire Council                                    32
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                       ATTACHMENT
Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                 ITEM NO. 2.3




Mornington Peninsula Shire Council                                    33
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

                                       ATTACHMENT
Proposed Discontinuance of Lane
at rear of 44-54 Campbell Street, Crib Point
Completion of Process (0710/020/102)                 ITEM NO. 2.3




Mornington Peninsula Shire Council                                    34
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)


REPORT TO                   Ordinary Meeting of Council                      ITEM NO. 2.4
MEETING DATE                Monday, 16 June, 2003
SUBJECT                     Mornington Peninsula Shire Careers and Employment Expo
PREPARED BY                 Lisa Mills, Training Officer - Team Support and Development
AUTHORISED BY               Manager - Economic Development
FILE NO.                    0235/060/040



SUMMARY

The Mornington Peninsula Shire’s Careers & Employment Expo was held at the Rosebud Secondary
College on Thursday 15 May 2003.

The Expo was held in the Rosebud Secondary College hall from 12 noon to 8.00pm.

BACKGROUND

The Executive approved the Expo on 12 November 2002.

An internal e-team was established to prepare and coordinate the Expo and consisted of Sam Adam –
Economic Development, Lisa Mills – Team Support & Development and John Gray – Youth Services.
Community Partners were David Paxino - Rosebud Secondary College, Kevin Wyatt & Antony
Trivett - Chisholm Institute, Steve Wright – Peninsula Training & Employment Programs and Dianne
Baxter – Trinity Marketing.

OBJECTIVES

The objectives of the Expo were as follows:

1.      To stimulate and facilitate business development and local employment opportunities.
2.      Develop and strengthen links with learning institutions to promote local development training
        programs that will promote more choice and opportunity for residents on the Peninsula.
3.      Assist to reduce high attrition rate from secondary schools and address unemployment on the
        Peninsula.
4.      Facilitate education and skill based programs to strengthen the well being of the local
        communities.
5.      Provide information about employment opportunities and career pathways available in local
        government.
6.      Promote the career opportunities and programs available at and within the Mornington
        Peninsula Shire.
7.      Increase the communities’ perception of its own social inclusion and enhance the community
        connectedness to the Shire, potential employers, and educational and training institutions.

MAJOR SPONSORS

Department of Innovation, Industry and Regional Development (DIIRD) through the Rural Leadership
and Community Events Program committed $9K and the Frankston Mornington Peninsula Local
Learning & Employment Network (LLEN) committed $5K.




Mornington Peninsula Shire Council                                                                35
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Mornington Peninsula Shire Careers and Employment Expo
(0235/060/040)                                                                ITEM NO. 2.4

GOLD COMMUNITY PARTNERS

Melbourne East Group Training (MEGT), Trinity Marketing, Rosebud Secondary College, Peninsula
Training & Employment Programs (PTEP), Chisholm Institute, ANZ Bank and BHP Steel

SILVER COMMUNITY PARTNERS

Peninsula Cinemas, Signforce, After Bags and Expo Hire

EXHIBITORS

50 exhibitors participated in the event. All of the exhibitors were either local businesses or provide
services on the Mornington Peninsula. Exhibition stalls were free for all exhibitors, a cost of $39.00
was charged for professional signage if requested.

Exhibitors were Victorian Business Centre, Rosebud Country Club, Chisholm Institute, ALGT Sports
Ready, MEGT, Prestige Real Estate, Peninsula Health, Sorrento Community Centre, Peninsula Adult
& Community Education, Peninsula Training & Employment Programs, Headlines of Dromana,
McDonalds, Endota Spa, Your Employment Solutions, Brotherhood of St Laurence, Salvation army,
ANZ Bank, Defence Force Recruiting, Victoria Police, Safeway Supermarkets, Peninsula Vocational
Education & Training (PTEP), Westernport & Mornington Peninsula Biosphere, Nutrometics,
Frankston Mornington Peninsula Local learning & Employment Network (LLEN), Monash
University, Civil Contractors Federation, Coles Myer Group, Burnt Toast Café, Salvation Army, BHO
Steel, Swinburne University, Rosebud Funerals, Green Plumbers, Master Plumbers & Mechanical
Services Association, Westernport Business Centre, Centrelink, Master Builders Association,
Victorian Farmers Federation, Victorian Automobile Chamber of Commerce (VACC), Urban
Maintenance Systems, RMIT, Kindilan Society, MAS National Apprenticeships, Metropolitan
Ambulance Service, Australian Local Government Training (ALGT) and the Mornington Peninsula
Shire.

MARKETING AND PROMOTION

A media launch was arranged two weeks prior to Expo to maximise publicity. All the sponsors,
exhibitors, local politicians, principals and the careers counsellors from local secondary colleges were
invited.

In addition to the Expo the CD titled ‘Local Government – Your Opportunity for a Sustainable Career’
produced by the Mornington Peninsula Shire in partnership with Australian Local Government
Training (ALGT) was launched in conjunction with the Expo. Careers brochures for the units of the
Shire were developed. The brochures outline career pathways and entry points into local government.

The Expo was publicised in all the local newspapers, various Shire publications (Peninsula Wide -
distribution of 82,000 and Peninsula Prospects – distribution of 1,700), radio stations and signage was
posted in prominent locations around the Peninsula. Previously articles have been featured in the Age
as well as other national publications (however, these have generally been promoting the expo as a
leading initiative of the Mornington Peninsula Shire).




Mornington Peninsula Shire Council                                                                   36
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Mornington Peninsula Shire Careers and Employment Expo
(0235/060/040)                                                                ITEM NO. 2.4

EXHIBITOR EVALUATION

Exhibitors have been surveyed and the results are very positive. All exhibitors have indicated that the
Expo was a valuable and worthwhile event that they would be keen to support and participate in future
events. We have had expressions of interest from other local businesses that are keen to participate in
the Expo in 2004

Survey results and feedback indicate that a future Expo would require a larger venue so we could
include more interactive trade displays and increase the number of exhibitors. Mornington had been
highlighted as the preferred location, on the basis that it was more centrally located to the schools
within the Region.. Many sponsors have indicated that they would be prepared to sponsor the project
either with cash or an in-kind contribution.

JOBS DRIVE

During the Expo exhibitors were encouraged to advertise any vacancies on a large audio visual screen
at the entrance to the hall. 216 positions were advertised at the Expo, these included fulltime, part-
time and casual vacancies, apprenticeships and traineeships. Survey results indicate that that 47%
(or more than 100) of these vacancies have subsequently been filled by local people. 19% of
people attending the Expo left contact details and resumes with exhibitors. Advertising was free for
all exhibitors.

SCHOOLS

Approximately 1800 – 2000 people attended the Expo. The local secondary colleges that attended
were Rosebud Secondary, Dromana Secondary, Flinders Christian College, Mornington Secondary,
Mt Eliza Secondary, The Egyptian Coptic College, Padua College, Westernport Secondary College,
Frankston Secondary College and John Paul College. Secondary colleges from outside our target area
took the opportunity to attend. A significant logistical exercise was conducted to bus students to
Rosebud and ensured that they had access to the Expo. This was a positive initiative and should be
duplicated for future Expos.

SURVEY EVALUATIONS

246 survey forms have been collated to date from school students who attended the Expo.

The major thrust of the positive responses regarding the best aspect of the Expo , related to the
information available and the stands relevant to their respective interests. Space, diversity of stalls,
more information, and more universities represented were the major points listed for improvements for
future Expos.

COMMUNITY OUTCOMES

As a result of the project we have engaged the community (young people and their families) in such a
way that there are now positive attitudes amongst our young people. They are enthusiastic that there is
a future for them, as they had the opportunity to talk about real employment opportunities, with real
people offering real jobs.

The unexpected benefits and outcomes from the project were significant. It was very much a
community effort, engaging secondary colleges, tertiary institutions, local and state government, and
private business in planning the Expo. There were great opportunities for networking between
exhibitors and agencies. The project received an exceptional level of support.


Mornington Peninsula Shire Council                                                                   37
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Mornington Peninsula Shire Careers and Employment Expo
(0235/060/040)                                                              ITEM NO. 2.4



COMMUNITY OUTCOMES (CONT’D)

The Shire has received numerous requests from other Councils to assist them arrange a similar event.

Over the last few weeks several businesses, schools, community groups and individuals have
contacted the Shire to thank and compliment the project team and offer support should the Expo
become an annual event.

CONCLUSION

The Mornington Peninsula Shire’s Sustainable Careers & Employment Expo overall was a huge
success, community feedback has been extremely positive and encouraging. Comments received
indicate that the schools and general community believe this initiative was very valuable and should
either be an annual or biannual event.


RECOMMENDATION

        1.      THAT COUNCIL RECEIVE THE REPORT AND NOTE THE SUCCESS OF THE
                SUSTAINABLE CAREERS AND EMPLOYMENT EXPO.

        2.      THAT COUNCIL CONGRATULATES THE STAFF AND THE COMMUNITY
                FOR THEIR EFFORTS IN DEVELOPING AND CO-ORDINATING A MAJOR
                LOCAL PROJECT FOR YOUNG PEOPLE.

        3.      THAT SUBJECT TO APPROPRIATE BUDGET PROVISION, COUNCIL
                SUPPORTS SIMILAR EXPOS IN THE FUTURE.


ADDITIONAL MOTION

        THAT COUNCIL SUPPORT A SUSTAINABLE CAREERS AND EMPLOYMENT EXPO
        IN 2004.

        OR

        THAT COUNCIL SUPPORT A SUSTAINABLE CAREERS AND EMPLOYMENT EXPO
        IN 2005.




Mornington Peninsula Shire Council                                                                 38
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Mornington Peninsula Shire Careers and Employment Expo
(0235/060/040)                                           ITEM NO. 2.4



COUNCIL DECISION

       MOVED:    CR. SHAW
       SECONDED: CR. R. SMITH

       1.      THAT COUNCIL RECEIVE THE REPORT AND NOTE THE SUCCESS OF THE
               SUSTAINABLE CAREERS AND EMPLOYMENT EXPO.

       2.      THAT COUNCIL CONGRATULATES THE STAFF AND THE COMMUNITY
               FOR THEIR EFFORTS IN DEVELOPING AND CO-ORDINATING A MAJOR
               LOCAL PROJECT FOR YOUNG PEOPLE.

       3.      THAT SUBJECT TO APPROPRIATE BUDGET PROVISION, COUNCIL
               SUPPORTS SIMILAR EXPOS IN THE FUTURE.

       4.      THAT COUNCIL SUPPORT A SUSTAINABLE CAREERS AND EMPLOYMENT
               EXPO IN 2004.
                                                                  CARRIED




Mornington Peninsula Shire Council                                      39
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)


REPORT TO                  Ordinary Meeting of Council                      ITEM NO. 2.5
MEETING DATE               Monday, 16 June, 2003
SUBJECT                    Nomination to MAV Strategic Environment Advisory Group
PREPARED BY                Mark Howells, Team Leader - Governance
AUTHORISED BY              Manager - Governance and Corporate Support
FILE NO.                   0420/010


SUMMARY

The Municipal Association of Victoria (MAV) is currently seeking a nomination for a Council
representative to be appointed to the MAV’s Strategic Environment Advisory Group. (Refer attached
correspondence)

It is recommended that a Councillor representative be nominated for appointment to the Advisory
Group.

BACKGROUND

The role of the Advisory Group is to provide strategic advice to the MAV on environmental issues of
importance to Victorian Local Government and to the needs and issues of members in relation to
delivery of environmental outcomes.

The Advisory Group has determined the following priority issues for 2003-2004:

•      Water Conservation and Consumption Management.
•      Waste Management.
•      Native Vegetation Management and Roadside Conservation.

The role and purpose of this Group is closely aligned with the Shire’s “Sustainable Peninsula”
program and will provide an opportunity for this Shire to influence regional and state policy
development in these areas.

In 2001, Council appointed the Director Planning and Environment or his nominee as the Council
representative on the Advisory Group. In recent times, Alex Atkins, Manager Conservation and
Environment, has represented Council’s interests on this Group.

The membership of this Group is predominantly Councillors and is based on an individual’s
environmental management experience.

Expressions of interest for nomination to this Committee were sought from Councillors in the recent
edition of the Councillor Communicator. Cr Bell and Cr Reade Smith have indicated an interest to be
appointed as the Council representative and substitute representative respectively.


RECOMMENDATION

       THAT COUNCILLOR MARGARET BELL BE NOMINATED AS THE COUNCIL
       REPRESENTATIVE ON THE MAV STRATEGIC ENVIRONMENT ADVISORY GROUP
       WITH THE SUBSTITUTE REPRESENTATIVE BEING COUNCILLOR READE SMITH.




Mornington Peninsula Shire Council                                                              40
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Nomination to MAV Strategic Environment Advisory Group
(0420/010)                                               ITEM NO. 2.5



COUNCIL DECISION

       MOVED:    CR. GOODREM
       SECONDED: CR. SHAW

       THAT THE RECOMMENDATION BE ADOPTED.
                                                                    CARRIED




Mornington Peninsula Shire Council                                       41
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

REPORT TO                   Ordinary Meeting of Council                       ITEM NO. 2.6
MEETING DATE                Monday, 16 June, 2003
SUBJECT                     Supplementary and Amended Valuations
PREPARED BY                 Ros Humphrey, Revenue Management Co-ordinator
AUTHORISED BY               Manager - Finance
FILE NO.                    6303.1



SUMMARY

The purpose of this report is to present revised valuations and rates raised via the supplementary rate
procedure to be effective as indicated in attached documentation.


BACKGROUND

A supplementary valuation may be made when the value of the property has been materially altered
since the return of the existing valuation, for example the erection of a new dwelling on previously
vacant land, additions to an existing house or fire damage to a dwelling. A supplementary valuation
may be applied at any time throughout the year.

The method of rating that the Council employs utilises the Capital Improved Value. When this value
has altered a supplementary rate notice may be issued with any rate adjustments made from the
effective date of change.

In accordance with section 13DF(1) of the Valuation of Land Act 1960 (as amended), supplementary
valuations as included in the tabled reports are returned for adoption and result in the following
variations to values:

                                                  SV (000’s)       CIV (000’s)        NAV (000’s)
 Opening Balance                                14,571,044       23,367,949          1,223,208
 New Land Parcels                               14,796           17,698              894
 New Houses / Adjustments                       0                18,549              932
 Closing Balance                                14,585,840       23,404,196          1,225,034


Rates Impact
       • Estimated Supplementary Rates 2002/2003                 $600,000
       • Supplement Return 16/06/03                              -$ 5,667
       • Supplementary Rates YTD 02 / 03                         $845,028




Mornington Peninsula Shire Council                                                                  42
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Supplementary and Amended Valuations
(6303.1)                                                ITEM NO. 2.6



RECOMMENDATION

       THAT THE SUPPLEMENTARY VALUATIONS IN THE RETURNS BE ADOPTED,
       OPERATIVE FROM THE EFFECTIVE DATES AS DETAILED IN THE RETURN AND
       THAT THE RATE BOOK BE AMENDED ACCORDINGLY.

       1.      THE GENERAL RATE AND AGRICULTURAL RATE BE ALTERED AND
               AMENDED BY THE INCLUSION OF SUCH SUPPLEMENTARY AND
               AMENDED VALUATIONS.

       2.      THE PROPORTIONATE PART OF THE RATE FOR THE 2002/03 RATING
               YEAR BE MADE AGAINST EACH OF THE PROPERTIES INCLUDED IN THE
               SUPPLEMENTARY VALUATIONS.


COUNCIL DECISION

       MOVED:    CR. JARMAN
       SECONDED: CR. J. SMITH

       THAT THE RECOMMENDATION BE ADOPTED.
                                                                   CARRIED




Mornington Peninsula Shire Council                                      43
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)


REPORT TO                    Ordinary Meeting of Council                     ITEM NO. 2.7
MEETING DATE                 Monday, 16 June, 2003
SUBJECT                      Documents for Sealing
PREPARED BY                  Jeanette O'Connor, Management Team Support Officer
AUTHORISED BY                Manager - Governance and Corporate Support
FILE NO.                     0190/032


SUMMARY
The documents listed in the Schedule below are presented to Council for sealing:


                                          SCHEDULE
  Sealing         File No.                 Document Description              Previous Report
    No.                                                                       Reference and
                                                                                   Date
   42/03      0530/030/030/0     Building Works Agreements for Crib Point See Background
                  60 and         Football Club Inc. and Mt. Martha Football Information.
              0530/030/030/3     Club Inc.
                    00
   43/03          66582          Creation of Easement and Deed of Release See Background
                                 (22 Kilburn Grove, Mt. Martha)           Information.

   44/03         0190/032        Letters Under Seal to Mr John Robert              See Background
                                 McCready, OAM, Mr Clifford William                Information
                                 Breeze, AM, Flight Sergeant Michael Wayne
                                 Dicks, CSC, Leading Seaman Damien
                                 Edward      Kann,     Commendation     for
                                 Distinguished Service, Emeritus Professor
                                 Terence Aidan Roberts, AM and Mr Richard
                                 Stephen Hawkins, OAM
   45/03         0190/032        Cancellation of Existing Agreement (192           See Background
                                 Franklin Road, Portsea)                           Information


BACKGROUND

Sealing No. 42/03

The continued expansion in junior membership numbers of both Crib Point and Mt Martha Football
Clubs has resulted in the need for an expansion of changing facilities at both clubs.

An application was made to the Community Facilities Funding Program – Minor Facilities Category,
by both Mt Martha Football Club Inc and Crib Point Football Club Inc with the support of the
Mornington Peninsula Shire.

Both applications were successful in obtaining funding and completion of the facilities is due to be
finalised this calendar year.

The Mt Martha changing facilities is situated at Ferrero Reserve, Mt Martha whilst the Crib Point
change facilities are located at Crib Point Recreation Reserve, Crib Point.


Mornington Peninsula Shire Council                                                                  44
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Documents for Sealing (0190/032)                                             ITEM NO. 2.7

BACKGROUND (CONT’D)

Sealing No. 43/03

At its Meeting of 4 April 2003 Council determined to compulsorily acquire drainage easements over the
parts of properties affected by the Hearn Creek Drainage Scheme in Mount Martha. Works in this
scheme were completed in 2002 and the new pipeline is operating efficiently. Easements are required to
give Council access to the pipeline and to provide for a surcharge route if required. Valuations were
obtained from an independent Valuer to form the basis of compensation to land owners for easement
acquisition. The owners of 22 Kilburn Grove, Mount Martha have agreed to the creation of the easement
and compensation of $1000.

The Creation of Easement is the document that registers the easement on the certificate of title. It is
appropriate for Council’s seal to be affixed to the creation of easement.

The Deed of Release is the document which releases Council from any further claims connected with the
acquisition of the easement and requires the Seal of Council and the signatures of the owners of the land.

Sealing No. 44/03

The following Mornington Peninsula Shire residents were awarded Medals in the 2003 Queens
Birthday Honours List:

•       Mr John Robert McCready, OAM

       For service to the community of Frankston and to youth, particularly through the Menzies Inc.

•       Mr Clifford William Breeze, AM

        For service to the banking and business sectors, and to the community as an advocate for
        greater corporate social responsibility and through support for charitable organizations.

•       Flight Sergeant Michael Wayne Dicks, CSC

        For outstanding achievement as the Royal Australian Air Force Senior Cookery Instructor at
        the Australian Defence Force School of Catering.

•       Leading Seaman Damien Edward Kann, Commendation for Distinguished Service

        For distinguished performance of duty aboard HMAS Newcastle in the Arabian Gulf during
        Operation Slipper.

•       Emeritus Professor Terrence Aidan Roberts, AM

        For service to the surveying profession, particularly in the area of education, as an advocate
        for the adoption of emerging technology and through participation in the activities of
        professional associations.




Mornington Peninsula Shire Council                                                                  45
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)

Documents for Sealing (0190/032)                                          ITEM NO. 2.7

BACKGROUND (CONT’D)

Sealing No. 44/03 (Cont’d)

•      Mr Richard Stephen Hawkins, OAM

       For service to the community of the Mornington Peninsula and to the boating fraternity,
       particularly through the publication of books to assist in navigating local waters.

       Council Policy No. 1.14 – Acknowledgement of Special Events or Achievements of Citizens,
       Councillors and Council Officers provides that letters under Seal of Council be forwarded to
       all Mornington Peninsula Shire residents who are recognised in the Honours List released on
       the Queens Birthday weekend.

Sealing No. 45/03

This subdivision is located on the west side of Franklin Road, south of Hotham Road (known as 192
Franklin Road, Portsea) and the land contained a Section 173 Agreement relating to building
envelopes. The subdivision provided for new building envelopes with a fresh Section 173 Agreement
already lodged on title.

This Agreement, under Section 177, seeks to remove the original and now redundant Section 173
Agreement from the land. All other parties involved have consented to this action.


RECOMMENDATION

      THAT THE COMMON SEAL OF THE MORNINGTON PENINSULA SHIRE COUNCIL BE
      AFFIXED TO THE DOCUMENTS DESCRIBED IN THE SCHEDULE ABOVE.


COUNCIL DECISION

       MOVED:    CR. STAHL
       SECONDED: CR. SHAW

       THAT THE COMMON SEAL OF THE MORNINGTON PENINSULA SHIRE COUNCIL
       BE AFFIXED TO THE DOCUMENTS DESCRIBED IN THE SCHEDULE ABOVE
       SUBJECT TO THE FOLLOWING INCLUSION:

       •       SEALING NO. 45/03 – CANCELLATION OF EXISTING AGREEMENT (192
               FRANKLIN ROAD, PORTSEA).
                                                                  CARRIED




Mornington Peninsula Shire Council                                                              46
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)



SECTION 3 – COMMITTEE AND COUNCILLOR COMMUNICATOR

3.1    Councillor Communicator

       •       Volume 3 – Issue Number 11; and
       •       Volume 3 – Issue Number 12.


       RECOMMENDATION

               THAT COUNCIL RECEIVE AND NOTE COUNCILLOR COMMUNICATOR
               ISSUES VOLUME 3 – ISSUE NUMBERS 11 AND 12.


       COUNCIL DECISION

       MOVED:    CR. GIBB
       SECONDED: CR. GOODREM

       THAT THE RECOMMENDATION BE ADOPTED.
                                                               CARRIED




Mornington Peninsula Shire Council                                    47
     MINUTES OF AND
RECOMMENDATIONS FROM THE
 DEVELOPMENT ASSESSMENTS
       COMMITTEE

     MONDAY, 26 MAY, 2003


      MUNICIPAL OFFICES
  BESGROVE STREET, ROSEBUD
          MORNINGTON PENINSULA SHIRE COUNCIL

         MINUTES OF AND RECOMMENDATIONS FROM THE
        DEVELOPMENT ASSESSMENTS COMMITTEE MEETING
                             Held on Monday, 26 May, 2003 at 7:01 p.m.
                         at the Municipal Offices, Besgrove Street, Rosebud




                                          INDEX
OPENING AND WELCOME

SECTION 1 - PROCEDURAL MATTERS

1.5     Apologies

1.6     Confirmation of Minutes of Previous Meeting Held on 12 May 2003

1.7     Declarations of Pecuniary Interest Pursuant to Section 79 of the Local Government Act 1989


SECTION 2 - DEVELOPMENT ASSESSMENTS                                                     PAGE NO.

Part B -
Committee Recommendations Referred to the Ordinary Meeting of Council for Consideration

2.2     Planning Scheme Amendments

2.2.1   Amendment C52 and Combined Planning Permit Application CP02/003
        611-613 Point Nepean Road, McCrae
        (Joshua Clydesdale, 0820/110/C52)


2.1     Other

        Nil.
MINUTES OF THE DEVELOPMENT ASSESSMENTS COMMITTEE MEETING HELD –
26/05/03 (CONT’D)

REPORT TO               Development Assessments Committee                    ITEM NO. 2.2.1
MEETING DATE            Monday, 26 May, 2003
SUBJECT                 Amendment C52 and Combined Planning Permit Application CP02/003
                        611-613 Point Nepean Road, McCrae
PREPARED BY             Joshua Clydesdale, Development Planner
AUTHORISED BY           Manager - Statutory Planning
FILE NO.                0820/110/C52


SUMMARY

Mornington Peninsula Planning Scheme Amendment C52 proposes to delete the Design and
Development Overlay Schedule 3 (DDO3) from land at 611-613 Point Nepean Road, McCrae and
replace it with the Design and Development Overlay Schedule 1 (DDO1). The concurrent planning
permit application (CP02/003) is for the development of 7 dwellings, subdivision and the creation of
access to a Road Zone Category 1 (VicRoads controlled road). A total of 24 submissions have been
received to the amendment and combined planning permit application. It is recommended that the
submissions be referred to an Independent Panel.


BACKGROUND

Minute

The land subject to the amendment and combined planning permit application is located at 611-613
Point Nepean Road (refer to Appendix 1).

The land has a site area of approximately 2248 square metres and is currently contained in 2 titles.
The eastern most lot on the corner of Point Nepean Road and Penny Lane contains a disused building
abutting the property boundaries that was up until recently used by an accounting firm. The balance of
the land is vacant and has been cleared of vegetation. This site was formerly used as a service station
and as a motor repairs outlet. In July 1997 the Victorian Civil and Administrative Tribunal (VCAT)
granted approval for a new petrol station on this site, despite opposition from Council and adjoining
owners. This permit is still valid.

The current DDO3 allows no more than 1 dwelling to be constructed on a lot and any lot created
through subdivision must be at least 1500 square metres in area. The amendment proponent has,
therefore, requested that the land be deleted from DDO3 and included in DDO1 to facilitate a 7
dwelling development (4 single storey dwellings fronting Point Nepean Road and 3 double storey
dwellings at the rear) and subdivision. A copy of the proposed development plans is included as
Appendix 2.


ADVERTISING AND SUBMISSIONS

Amendment C52 and combined planning permit application CP02/003 was exhibited between 2
January 2003 and 17 February 2003.

Notice of the amendment was provided by mail notices to all adjoining land owners and occupiers, a
newspaper notice, a sign on the site and a notice in the government gazette. Amendment
documentation was also placed on the Shire’s web site and was available for inspection at the Shire
Offices.
MINUTES OF THE DEVELOPMENT ASSESSMENTS COMMITTEE MEETING HELD –
26/05/03 (CONT’D)

ADVERTISING AND SUBMISSIONS (CONT’D)

Sixteen (16) objecting submissions have been received and 2 supporting submissions have been
received to date.

The main issues raised in the objecting submissions include:

•     Development is not in keeping with the character of the area and should be limited to 1 dwelling
      per lot;

•     Belief that the DDO3 is the most appropriate control as a result of the site features and character
      of the surrounding area;

•     Approval of amendment would set a precedent for future development/amendments;

•     Inequitable distribution of benefits to developers, not to existing residents;

•     The land is not in a ‘township’ and is poorly situated in terms of social and physical
      infrastructure;

•     Potential for land slippage as the site is located at the base of an unstable cliff face;

•     An existing planning permit for a petrol station should not be used as a basis to approve this
      proposal;

•     Non-compliance with Melbourne 2030, Victorian Coastal Strategy 2002, Coastal Action Plan
      and the policy/planning provisions of the Planning Scheme;

•     No provision for off-street visitor parking;

•     Safer access could have been provided from Penny Lane instead of Point Nepean Road;

•     The dwellings are sited too close to Point Nepean Road; and

•     Traffic concerns/potential congestion on Point Nepean Road.

In addition to these submissions responses have been received from 6 other agencies/authorities. These
may be summarised as follows:

•     SPI Powernet: no objection;

•     CFA: no objection subject to conditions;

•     VicRoads: no objection subject to conditions;

•     South East Water: no objection subject to conditions;

•     Aboriginal Affairs Victoria: advised that they were no longer able to provide advice to
      Council’s on individual planning applications, but recommended conditions be included in any
      permit issued; and
MINUTES OF THE DEVELOPMENT ASSESSMENTS COMMITTEE MEETING HELD –
26/05/03 (CONT’D)

ADVERTISING AND SUBMISSIONS (CONT’D)

•     Environment Protection Authority (EPA): as the site was formerly used as a petrol station the
      EPA recommended that the suitability of the land for residential use be established prior to
      approving any Planning Scheme amendment or planning permit through the issue of a
      Certificate of Environment Audit. Failing this, the EPA requested that conditions be included in
      any permit issued to require a Certificate of Environmental Audit to be issued prior to the
      commencement of any buildings or works on the site.

It is noted that 12 submissions were received after the closing date for submissions (17 February 2003)
and no objecting submitters immediately adjoin the subject land. Furthermore, a copy of the proposed
planning permit is yet to be circulated to all persons notified in accordance with the requirements of
the Planning and Environment Act 1987 and this may result in additional late or amended submissions
being received.

Copies of all submissions may be inspected in full on file or the Ausinfo system (file ref
0820/110/C52).


CONSIDERATION

Under the Planning and Environment Act 1987 Council must consider all submissions and in respect
to submissions that request a change to the amendment decide to do one of the following:

•     Change the amendment in the manner requested; or

•     Refer the submissions to an independent panel to be appointed by the Minister; or

•     Abandon the amendment or part of the amendment.

It is not possible to change the amendment to overcome the concerns of objecting submitters as the
majority of submitters consider that DDO3 is the most appropriate planning control and that each lot
should only contain a single dwelling. Any multi-dwelling development is considered to be
inappropriate because it would not be compatible with the character of the area.

It is recognised that the submissions raise a number of important matters, but these can be further
considered through the Panel process. For example, specific details of the planning permit application
(including the density of development and compliance with the objectives and standards of ResCode)
can be further considered by a Panel. The appointment of a Panel is seen to be primarily a procedural
step to enable submissions to be heard and to allow the amendment process to be further advanced,
rather than implying a final position about the proposal.

However, it is important to note that an option for Council is to abandon the amendment instead of
progressing to the Panel stage. In addition to the concerns raised by objecting submitters, further
arguments to support the abandonment for the amendment include:

1.    The reluctance of the Department of Sustainability and Environment (DSE) to support ‘site
      specific’ amendments. In the move to the new format Planning Scheme the need to establish
      strategic justification for planning controls that address larger ‘planning units’ and avoid ‘ad
      hoc’ site specific variations was strongly emphasised.
MINUTES OF THE DEVELOPMENT ASSESSMENTS COMMITTEE MEETING HELD –
26/05/03 (CONT’D)

CONSIDERATION (CONT’D)

2.    The EPA’s preference for a Certificate of Environmental Audit to be issued prior to the
      amendment being further considered or a planning permit being issued.

In response to these matters, it is considered that a site specific variation may be warranted in this case
on the basis of:

•     A unique location clearly defined by topographic features (the site is located near the base of
      Anthony’s Nose, the prominent hill which separates Dromana and McCrae);

•     The opportunity to avoid/remove non conforming and/or inappropriate use and development
      (commercial offices and a future service station); and

•     The pattern and character of existing development, including the spacing of dwellings along
      Point Nepean Road. The lots adjoining this section of Point Nepean Road generally have a
      frontage of approximately 16 metres and the proposal to construct four single storey dwellings
      at the front of the site would result in the continuation of a similar pattern of development (ie. a
      frontage for each dwelling facing Point Nepean Road of 17.75 metres).

The combination of the above factors is likely to be limited to this site and would not, therefore,
establish a precedent for other like amendments in the McCrae area. It is also considered that the
unique characteristics of this proposal will not result in increased expectations for other site specific
proposals elsewhere in the municipality.

Following the exhibition of the amendment, DSE has recommended that a Development Plan Overlay
be applied to the subject land in place of the proposed DDO1 to better reflect the ‘site specific’ nature
of the amendment. This change would not alter the proposed development or result in a more
beneficial planning outcome, but would simply facilitate the Department’s preferred approach for site
specific amendments. Should Council resolve to progress to the Panel stage, it is recommended that
the position taken at the Panel hearing would be to generally support the inclusion of a Development
Plan Overlay in place of proposed DDO1.

Overall, it is considered that the ‘exceptional’ circumstances of the proposal warrant further
consideration of the amendment through the Panel process. While it could be argued that the
amendment is not entirely consistent with the policy directions of the Planning Scheme (eg. the land is
not located within walking distance of a Neighbourhood Activity Centre), the ‘exceptional’
circumstances that exist are more compelling than the general assessment in terms of consistency with
the policy framework, which is a matter of degree. For example, despite the fact that the land is not
located within walking distance of a Neighbourhood Activity Centre, the proposal will still in part
contribute to the Shire’s ‘residential consolidation’ objectives.

In relation to the EPA’s preference for a Certificate of Environmental Audit to be obtained prior to
further considering the amendment or approving a planning permit, the requirements of the
Environmental Audit Overlay (which does not apply to the subject land) provides a useful ‘guide’ to
consider this matter. The Environmental Audit Overlay, which forms part of the Victoria Planning
Provisions (VPP’s), does not prevent a planning permit for a development from being issued prior to
the issue of a Certificate of Environmental Audit, but instead requires that no ‘sensitive’ use or
buildings or works commence until the appropriate approvals have been obtained. This approach is
consistent with the proposed planning permit, which requires that a Certificate of Environmental Audit
be obtained prior to the commencement of any buildings and works on the site.
MINUTES OF THE DEVELOPMENT ASSESSMENTS COMMITTEE MEETING HELD –
26/05/03 (CONT’D)

CONSIDERATION (CONT’D)

It is noted that the amendment proponent has provided an environmental site and assessment
remediation action plan for the site. The objective of the action plan is to allow successful remediation
of the site to an acceptable standard for residential development to facilitate the issuing of a Certificate
of Environmental Audit.

In summary, abandoning the amendment is considered to be inappropriate even though the proposal is
a site specific amendment. Although the key issue of dwelling density and the potential impact on
neighbourhood character is important, this issue can be further considered by a Panel.

The amendment proponent has provided a brief response to the submissions received to assist in
Council’s consideration of the Planning Scheme amendment. The proponent’s response is provided
below in the form of a series of bullet points to address each issue.

•     A description of neighbourhood character has been provided in some detail in our planning
      submission supporting the request for the Planning Scheme amendment. The subject site is
      located at the interface between a well-established residential precinct to the east, west and
      south and McCrae foreshore across Point Nepean Road to the north. The residential area has
      been developed with a mix and variety of dwellings of both single and double storey
      construction.

      The subject site is virtually flat with only a gentle rise in the southeast corner of the site at the
      junction of the east and south legs of Penny Lane where the land rises steeply on the south side
      of Penny Lane opposite the subject site.

      In the context of surrounding properties, particularly the ones elevated high above the subject
      site with frontage to both View Point Road and Penny Lane, the subject site presents as a
      barren commercial site that requires a sensitive, well-landscaped development. With these
      issues in mind the planning submission and supporting plans submitted with the Planning
      Scheme amendment were prepared in consultation with Council Officers and surrounding
      residents.

      Existing development and existing approvals for the site are non-residential and bear no
      relationship to the environment, landform, site conditions and character of the coastal village of
      McCrae, the adjacent hillside and cliff top area.

      There is little vegetation on the subject site. It is clearly not a dominant visual or environmental
      feature of the site. The proposed development includes a comprehensive landscape plan that
      incorporates trees with spreading crowns to provide a landscape feature of the site, which
      would not be possible if DDO3 remains over the land, particularly if the office use continues
      and the petrol station is constructed.

      The proposed petrol station and continued use of existing buildings for offices bears no
      relationship to the established streetscape and development pattern to the east, west and south
      of the site. Redevelopment of the site as proposed by this Planning Scheme amendment will
      provide single storey construction across that part of the site closest to Point Nepean Road with
      double storey to the rear (south side) adjacent to double storey development to the southeast at
      the base of the hillside with houses elevated high above the subject site further to the south.
MINUTES OF THE DEVELOPMENT ASSESSMENTS COMMITTEE MEETING HELD –
26/05/03 (CONT’D)

CONSIDERATION (CONT’D)

      Development of the site for seven (7) dwellings comprising single with double storey
      construction with the selective use of timber weatherboard, face brick and render finished in
      muted colour tones will provide an appropriate interface to adjoining properties and Point
      Nepean Road.

      Existing and proposed non-residential buildings will be out of character with the surrounding
      residential area, whilst the residential design concept proposed for the site has been developed
      in partnership with adjoining and nearby residents to ensure appropriate integration.

      We consider that the proposal is an appropriate development and use for the site.

      •      It was considered inappropriate to use Penny Lane for vehicular access with vehicular
             access confined to Point Nepean Road only. This was a specific request by adjoining
             and nearby residents.

      •      The proposal does not set a precedent, as the site is unique. It is vacant, flat, and
             exceptionally large in comparison to other properties fronting Point Nepean Road. It is
             well-proportioned, surrounded on three (3) sides by road frontage and has little
             vegetation on site. It provides a unique opportunity for a well-designed multi-dwelling
             development that is sensitively designed that responds to the characteristics of the
             neighbourhood and locality.

      •      Four (4) dedicated non-tandem visitor car parking spaces will be provided on site.
             ResCode only requires one (1) space to be provided.

      •      Concern with traffic congestion is significantly reduced with development and use of the
             site for seven (7) dwellings in comparison to existing and proposed non-residential use of
             the land.

      •      The subject site is almost flat and not subject to instability or erosion.

      •      Site remediation works have already been undertaken with regard to onsite
             contamination.


CONCLUSION

It is considered that ‘exceptional’ circumstances exist for a site specific amendment and that should
the amendment be adopted by Council it will not set a precedent for other site specific changes in the
municipality. The Panel process should be utilised to further consider the merits of the proposed
amendment and planning permit application.

It is recommended that Council request the Minister to appoint an Independent Panel to hear and
further consider submissions. The position that would be expressed to any Panel on behalf of Council
is that Council supports in principle the change from DDO3 to a Development Plan Overlay, with a
final position in relation to the density and design of development dependent on further consideration
following the Panel’s report.
MINUTES OF THE DEVELOPMENT ASSESSMENTS COMMITTEE MEETING HELD –
26/05/03 (CONT’D)

RECOMMENDATION

    1.   THAT COUNCIL ACCEPT SUBMISSIONS RECEIVED AFTER 17 FEBRUARY 2003
         AS LATE SUBMISSIONS TO AMENDMENT C52 & CP02/003 (INCLUDING ANY
         OTHER LATE SUBMISSIONS RECEIVED AFTER THE CIRCULATION OF THE
         PROPOSED PLANNING PERMIT).

    2.   THAT HAVING CONSIDERED ALL SUBMISSIONS MADE TO MORNINGTON
         PENINSULA PLANNING SCHEME AMENDMENT C52 & CP02/003 IN
         ACCORDANCE WITH SECTION 22(1) OF THE PLANNING AND ENVIRONMENT
         ACT 1987, COUNCIL, IN ITS ROLE AS PLANNING AUTHORITY, DECIDES TO:

         •   UNDER SECTION 23(1) OF THE ACT REFER THE SUBMISSIONS THAT
             REQUEST A CHANGE TO THE AMENDMENT, TO A PANEL APPOINTED
             UNDER PART 8 OF THE ACT;

         •   UNDER SECTION 23(2) OF THE ACT REFER THE SUBMISSIONS THAT DO
             NOT REQUIRE A CHANGE TO THE AMENDMENT TO A PANEL
             APPOINTED UNDER PART 8 OF THE ACT; AND

         •   ASK THE MINISTER FOR PLANNING TO APPOINT A PANEL TO
             CONSIDER THE SUBMISSIONS UNDER SECTION 153 OF THE ACT.

    3.   THAT COUNCIL SUPPORTS THE CHANGE FROM PROPOSED DESIGN AND
         DEVELOPMENT OVERLAY SCHEDULE 1 TO THE DEVELOPMENT PLAN
         OVERLAY AT THE INDEPENDENT PANEL HEARING IN ACCORDANCE WITH
         THE DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT’S PREFERRED
         APPROACH.


COMMITTEE RECOMMENDATION

    THAT THE RECOMMENDATION BE ADOPTED.


COUNCIL DECISION

     MOVED:    CR. STAHL
     SECONDED: CR. BELL

     THAT THE COMMITTEE RECOMMENDATION BE ADOPTED.
                                                                  CARRIED
      MINUTES OF AND
    RECOMMENDATIONS
         FROM THE
FORWARD PLANNING COMMITTEE

      MONDAY, 2 JUNE, 2003


       MUNICIPAL OFFICES
   BESGROVE STREET, ROSEBUD
         MORNINGTON PENINSULA SHIRE COUNCIL

          MINUTES OF AND RECOMMENDATIONS FROM THE
            FORWARD PLANNING COMMITTEE MEETING
                             Held on Monday, 2 June, 2003 at 4:25 PM
                        at the Municipal Offices, Besgrove Street, Rosebud




                                         INDEX
OPENING AND WELCOME

SECTION 1 - PROCEDURAL MATTERS

1.8    Apologies

1.9    Confirmation of Minutes of Previous Meeting Held on 5 May 2003

1.10   Declarations of Pecuniary Interest Pursuant to Section 79 of the Local Government Act 1989


SECTION 2 - MANAGEMENT REPORTS                                                         PAGE NO.

2.1    Shared Pathway Strategy
       (Dennis Prendergast, Team Leader – Recreation Facilities and Development,
       0670/230)

2.2    Draft Footpath Strategy
       (Paul Healy, Infrastructure Planning Engineer and
       Craig Cinquegrana, Manager – Infrastructure Strategy, 0710/040)

2.3    Open Space Strategy
       (Dennis Prendergast, Team Leader – Recreation Facilities and Development,
       0670/205/050)

2.4    Mapping and Condition Assessment of
       Specific Remnant Native Vegetation
       for the Mornington Peninsula Shire (Stage One)
       (Garrique Pergl, Natural Systems Planner, 0185/1094/03)
2.5    Advisory Committee for Mount Martha Park
       (Alex Atkins, Manager - Conservation and Environment,
       0530/020/380)
           MINUTES OF AND RECOMMENDATIONS FROM THE
             FORWARD PLANNING COMMITTEE MEETING


                              INDEX
                                 (CONT’D)




SECTION 3 - CONFIDENTIAL ITEMS

    Nil.



SECTION 4 - URGENT BUSINESS

    Nil.
                  MINUTES OF AND RECOMMENDATIONS FROM THE
                     FORWARD PLANNING COMMITTEE MEETING
            HELD AT THE MUNICIPAL OFFICES, BESGROVE STREET, ROSEBUD
                        AT 4:25 PM ON MONDAY, 2 JUNE, 2003


Present                  Cr. David Gibb (Chairman)
                         Cr. Bill Goodrem
                         Cr. Margaret Bell
                         Cr. Josephine Smith
                         Cr. Anne Shaw
                         Cr. Reade Smith
                         Cr. David Renouf
                         Cr. Brain Stahl

                         Dr. Michael Kennedy, Chief Executive Officer

Apologies

     Cr. David Jarman.

     Cr. Bill Goodrem left the meeting after consideration of Item No. 2.3.


Confirmation of Minutes

          MOVED:         CR. GOODREM
          SECONDED:      CR. STAHL

          THAT THE MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD
          ON 5 MAY 2003 BE CONFIRMED.

                                                                              CARRIED


Declarations of Pecuniary Interest

          Nil.


Deputations

          Nil.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

REPORT TO                    Forward Planning Committee                          ITEM NO. 2.1
MEETING DATE                 Monday, 2 June, 2003
SUBJECT                      Shared Pathway Strategy
PREPARED BY                  Dennis Prendergast, Team Leader – Recreation Facilities
                             and Development
AUTHORISED BY                Manager - Recreation and Culture
FILE NO.                     0670/230



SUMMARY

The purpose of this report is to present the Shared Pathway Strategy for adoption. EDAW
consultants with Sykes, Humphreys open space planners were appointed to undertake this
strategy.

POLICY CONTEXT

Community Plan

To Service and Strengthen Local Communities

Council is committed to strengthening its communities and will promote and provide quality
services, facilities, programs, and opportunities that foster community health and well being.

Council will provide equitable access to facilities and services tailored to meet our communities’
needs and expectations.

Health and Well Being for all Ages

To plan and implement strategies that facilitate optimal health and well being

Enhancing Recreation, Leisure and Learning Opportunities

To facilitate an improved level of access to recreation, leisure and learning opportunities to
provide better health and well being outcomes.

Draft Health and Well Being Plan

The five key health and well being values complement the direction of the Shared Pathways
strategy.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

SUSTAINABILITY ASSESSMENT

The strategy articulates the principles and practices supported by Council and the community to
ensure that the municipality remains environmentally, socially and economically sustainable into
the future.

•   Implications/relevance for the Shared Pathway Strategy
•   Recreation facilities and Open Space (Community)
                - improved access and quality of facilities for future generations
                - maximising of participation and community access to facilities and
                    involvement in the management
                - avoid adverse development particularly where impacts are unknown
                - reduction of dependency on non-renewable resources
•   The Environment
                - recognition and protection of ecosystems and natural character of the
                    peninsula environment
                - recognising the different needs of various ecosystems e.g. coasts, bushland
                    etc.
                - recognise the partnerships (private, public) needed to ensure the effective
                    management of the environment
                - promotion and community development and awareness programs
                - Encouraging and supporting of local community involvement
•   The economy
                - recognising that landscapes are both built and natural, and the need to protect
                    both
                - ensuring access to facilities (commercial, sporting etc.) that cater for a range
                    of needs and abilities
                - developments need to recognise the natural environment and not threaten its
                    viability
                - communities preference for ‘unstructured’ recreation opportunities needs to
                    be recognised and catered for
                - features of the peninsula need to be protected to maintain a viable tourist
                    industry

BACKGROUND

This Strategy has been prepared for the entire Mornington Peninsula Shire area, with particular
emphasis given to meeting the needs of existing and anticipated populations, while ensuring
balanced recreational use within a significant natural environment. The strategy is designed to:

•      Provide a clear vision and direction regarding the purpose, provision, development
       priorities, management and use of the shared trail network; and
•      Provide direction regarding priority actions necessary to achieve the vision over the next 5
       - 10 years.

This strategy is comprised of:

•       A vision for shared trails within the Mornington Peninsula Shire;
•       Broad strategies that will form the basis of an action plan; and
•       An action plan, providing details of tasks under each strategy area and including priority
        timing, and responsibility for each action.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

BACKGROUND (CONT’D)

The broad strategies represent the primary intentions or objectives of the Council in relation to
the future provision of a shared trail network in Mornington Peninsula Shire.

The action plan provides a practical means by which Council (and other providers) can budget
for and implement tangible improvements towards the achievement of the broad strategies
relevant for planning and managing the shared trail network in Mornington Peninsula Shire.

THE SHARED TRAILS VISION

•       An integrated trail network that is well used and provides opportunities to enjoy a
        variety of recreation activities in a range of unique environments.

DEFINITION OF SHARED TRAILS

Shared trails can be described in simple terms as off road trails, tracks or paths that cater for a
variety of users. For this strategy, the focus is not on the provision of footpaths in residential
areas, but rather the significant trails that provide for access for a range of activities such as
walking, bike riding or horse riding as well as paths that provide critical linkages in rural
townships. In more urbanised areas, shared trails may have mainly pedestrians and walkers as
their users, while in rural areas, use of shared trails may be more balanced between walkers, bikes
and equestrian users.
 A number of the studies reviewed were strategies for Bicycles and Equestrian use within the
Shire and previous Shires prior to amalgamation. The actions and intents of the previous
strategies in regard to off – road, shared trails have been mapped in.

The Equestrian Strategy is an adopted Council document and this Shared Trails Strategy, is to be
applied in conjunction with it.

EXISTING SHARED TRAIL NETWORK

Existing shared trails identified through the desktop inventory process indicate a broad range of
standards and dominant users.

Within the existing network there are a number of significant trails, some of which are not shared
and are purely for walking. A number of the walking trails are located within National / State
Parks but are accessed from the Shire and Vic roads off road trail network.

DISCUSSION

The natural environment of the Mornington Peninsula is a significant attractor for those that
choose to live there as well as the large numbers of tourists and semi permanent residents that
recreate along the coast and in the hinterland. The Shire is home to a considerable number of
habitats and flora and fauna species of international, national and state significance. It is generally
accepted that less than 7% of the original vegetation cover exists today (Calder 1986) and what
remains is subjected to threats from further clearing and weed species invasion.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

DISCUSSION (CONT’D)

The use of shared trails is a significant recreational activity in the Shire, as it allows users to
experience the Shire’s natural attractions as well as move between townships, or recreate for
health and well - being. Walking along the bay and ocean beach Foreshore Reserves and National
Parks is a very popular activity with a combination of formal and informal trails, as well as
beaches, providing access.

The constructed and informal sections of the Bay Trail cater for a range of shared uses, primarily
recreational, although a completed route could potentially fulfil a commuter need between
townships for those not confident to ride on road. Significant on road commuter and recreational
“training” cycling occurs along the Nepean Highway.

Recreational equestrian activity involves activities such as trail and other extended rides. Within
Mornington Peninsula Shire there are limited opportunities for recreational equestrian activity
away from roadsides, through more nature landscape settings.

There is significant recreational equestrian activity along trails that run along road verges or along
roads with low traffic levels. Recreational equestrian activity is most likely to occur in areas
where people agist horses and where safe riding opportunities exist.

Apart from the household and club surveys, estimating cyclist demand is difficult due to a lack of
available data. An indication of latent demand currently not being provided for can be gauged by
the emergence of management issues in a number of metropolitan parks and reserves where
informal trails are subject to increased wear.

Additionally, observed increases in business activity relating to particular trails, such as the Bay
Trail and can relate directly back to increased trail use.

According to the Retail Traders Association, sales figures in 2001 for the types of bikes most
likely to be ridden on shared trails show an increase for hybrid type bikes and steady sales for
mountain bikes. Hybrid bike riders generally prefer to ride on trails that are well surfaced. This is
a demand that is being well met by the provision of rail trails and other major trails within the
Metropolitan area. There may be a requirement for additional provision of lower standard tracks
to cater for use by mountain bikes, however, mountain bike riders as a group have been difficult
to establish a level of demand.

SHIRE DEMAND FOR SHARED TRAILS

As an overview of the information reviewed and compiled during the study process, the following
summary observations can be made:

•       41% of respondents stated that they used trails on a weekly or greater basis;
•       31% of respondents said that they had ‘never’ or ‘rarely’ used trails over the last 12
        months;
•       frequency of use of trails was similar across all age groups;
•       80% of respondents stated that a safe off-road network of trails was ‘important’ or ‘very
        important’;
•       the most frequent users of trails were from the following demographic areas, using trails
        at least once a week over the last 12 months - Area 5 (Hastings), Area 7 (Mornington,
        Moorooduc, Tuerong), Area 11 (Portsea, Sorrento, Blairgowrie) and Area 12 (Red Hill,
        Red Hill Sth., Merricks Nth., Main Ridge, Arthur’s Seat); and
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

SHIRE DEMAND FOR SHARED TRAILS (CONT’D)

•       10 of the 33 schools that responded to the schools survey used trails equally across a
        number of curriculum areas including environmental studies, physical education, outdoor
        education etc.

After consideration of the information available from existing reports, community consultation,
discussions with Council Officers and the results of the user survey and field observations, the
following factors should be considered in forward planning for shared trail facilities within the
Mornington Peninsula Shire:

•       The increasing proportions of older people in the population;
•       Displacement of equestrian facilities and users by urbanisation of areas currently rural in
        nature;
•       Coordination of government agencies in regard to provision for, and use of, land for
        shared trails;
•       Identifying, preserving and incorporating future trails and linkages into development
        planning;
•       Adoption of a trail users code of conduct that aims to establish safe conditions through
        provision of appropriate trails, rider and walker education, safe connecting on road routes
        and well maintained trail facilities;
•       Clear designation of trails and permitted uses;
•       Promotion of trails and associated information e.g. code of conduct, uses, available
        amenities etc; and
•       The completion of trail networks.

Equestrian activity along road verges can be broadly broken into personal recreational and
commercial activity. Equestrian activities occur at Pony and Riding Clubs and private equestrian
centres, where specific facilities for sporting activities exist. Many ride their horse to the
facilities, utilising road verges.

BROAD STRATEGIES

1.      Improve the range of opportunities for shared trail use in Mornington Peninsula Shire.
2.      Develop an interconnected network of shared trails.
3.      Improve safety for shared trail users in Mornington Peninsula Shire through assessment
        and management of risk
4.      Plan, design, implement and manage shared trails to protect environmental values.
5.      Market and promote shared trails to the wider community.
6.      Consult community user groups in the design, implementation and use of shared trails.
7.      Establish partnerships with commercial trail ride operators to ensure sustainable trail use
        on Council Land.
8.      Ensure trail opportunities are incorporated in open space strategies and future residential
        developments.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)



PRINCIPLES TO GUIDE THE PLANNING AND MANAGEMENT OF OPEN SPACE

The following principles reflect the basis for Council’s practices in relation to the planning,
management, enhancement and protection of the Shire’s open space assets. They set the direction
and framework for future policies, strategic planning and the development of open space
generally, and are listed under the following headings:

•       Community Involvement and Information;
•       Participation and Partnerships;
•       Access, Equity and Provision;
•       Planning Priorities’; and
•       Management and Development.

These headings emerged from the consultation process with internal and external stakeholders
and general community that has been undertaken for this project, the open space strategy and the
strategic review of leisure facilities.

The extent of the Shire, combined with the limited budgets available for capital and recurrent
expenditure on trails and trail maintenance, has been the primary factor in shaping the strategy.
The feedback from the community consultation process strongly indicated a public preference for
fewer, higher quality and better - maintained trails.

The network is comprised of a hierarchy of shared trails. As subsets of the more formalised trails,
informal and local trails play a significant role in providing access at the local level as well as
access to more remote or infrequently used areas. These lower level trails have been addressed in
a strategic manner, rather than as detailed actions.

CONSULTATION

The consultants met with nominated Councillors, representatives of Council Departments
involved with bike, pedestrian, equestrian and environmental issues, and selected State
Government Agencies. In addition, community workshops were conducted with the broader
communities at Rosebud, Hastings and Mornington, with separate workshops for equestrian and
conservation users and groups at Rosebud to discuss user issues and visions for the municipality.

The draft strategy presented to Council on 16 December 2002 was placed on public exhibition for
comment until 28 February 2003.

Feedback was received from 15 people. The majority (12) requests came from people wanting the
rail trial link between Baxter and Somerville completed. The completion of this link is subject to
funding support from Parks Victoria as part of the Bay trail funding grants program and is
identified as a priority within the strategy for external funding.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

FINANCIAL

Action Plan

Actions have been given a level of priority and a target time frame for their completion. The level
of priority highlights the importance of each action to the achievement of the Shared Trails
Vision as follows:

The implementation program has been developed on the assumption of a capital works allocation
of around $3m over a 10 year period.

The first 5 years allocation is $1.3m and is identified for consideration within the recurrent
budget.

To implement the total strategy is estimated at around $19m.


RECOMMENDATION

        THAT THE SHARED PATHWAY/TRAIL STRATEGY BE ADOPTED.


COMMITTEE RECOMMENDATION

        THAT THE RECOMMENDATION BE ADOPTED.


COUNCIL DECISION

        MOVED:    CR. GOODREM
        SECONDED: CR. GIBB

        THAT THE COMMITTEE RECOMMENDATION BE ADOPTED.
                                                                                       CARRIED
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

REPORT TO                    Forward Planning Committee                          ITEM NO. 2.2
MEETING DATE                 Monday, 2 June, 2003
SUBJECT                      Draft Footpath Strategy
PREPARED BY                  Paul Healy, Infrastructure Planning Engineer and
                             Craig Cinquegrana, Manager – Infrastructure Strategy
AUTHORISED BY                Director - Sustainable Infrastructure
FILE NO.                     0710/040


SUMMARY

The purpose of this report is to present Council with a Draft Footpath Strategy and seek Council
endorsement of the Strategy.

Sykes, Humpreys Consulting and EDAW have been commissioned by Mornington Peninsula
Shire Council to assist with the development of a Draft Footpath Strategy for the municipality.
The Strategy will guide Council in providing access to community facilities and services and also
a recreation opportunity in encouraging people to walk.

Sykes, Humpreys Consulting and EDAW have been invited to present the Draft Footpath
Strategy and a copy of the Strategy will be distributed after the presentation. The comments will
be tabulated before the next Council meeting.

A copy of the Strategy will be circulated to Councillors under separate cover.

BACKGROUND

There are a number of processes and phases involved with the development of the Strategy:

1.      Identification of Priority Management Issues.
2.      Development of the Footpath Strategy Policy Framework.
3.      Development of the Draft Footpath Strategy for public exhibition.
4.      Finalisation of the Footpath Strategy.

Council at its Forward Planning Meeting of 7 October 2002 adopted the Footpath Strategy
Framework. The next stage being the development of the Draft Footpath Strategy for
consultation has now been completed and is presented to Council for adoption. The Draft
Footpath Strategy will then be placed on public exhibition.

The Strategy will provide the guidance for integrating footpaths and shared pathways/trails as
part of Council’s existing management and planning activities. The Strategy is intended to
provide the basis for an ongoing process to provide an integrated network of footpaths with the
opportunity for safe access for community facilities. The unique nature of the Peninsula has
required the development of a Strategy that considers the entire municipality, but has particular
reference to the impacts in urban areas.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

BACKGROUND (CONT’D)

Sykes, Humpreys Consulting and EDAW have been commissioned to assist with the
development of a footpaths strategy for the municipality. The key task is to finalise the Policy
Framework and develop Footpath Action Plans for the Priority A Townships Group which
includes Mt Eliza, Rosebud, Sorrento/Blairgowrie/Rye, Mornington, Mt Martha and Somerville.
The townships have been chosen following the compilation of inputs from the public consultation
process, community workshops and the number of service requests received by Council for
footpath developments.

DISCUSSION

Council is under increasing pressure to provide new footpaths in many areas of the municipality
with competing community demands for new footpaths currently exceeding Council’s available
resources.

Key issues relating to the provision of footpaths in the municipality include:

•       Maintaining a balance between built infrastructure and the natural environment and
        amenity;
•       Addressing challenges/issues faced by many of the isolated communities;
•       Ensuring specific population groups, e.g. the aged, have safe and well designed
        pedestrian access to community facilities; and
•       Maintaining and developing strategic links with trails networks.

CONSULTATION

Councillors and Council Officers from Recreation, Traffic, Infrastructure Planners, Customer
Service and Social Planners along with Key groups such as Schools and Chambers of Commerce
have been involved in the preparation of the Draft Strategy.

Following the adoption of the Draft Strategy the document will be placed on public exhibition
and several residents have already indicated their interest in the document.

FINANCIAL

An allocation has been included in the Capital Works Program for the implementation of the
Footpath Strategy. Currently the indicative amounts for the next five years are $200K (03/04),
$200K (04/05), $300K (05/06), $300K (06/07), $400K (07/08).

CONCLUSION

Council is under increasing pressure to provide new footpaths in many areas of the municipality
with competing community demands for new footpaths currently exceeding Council’s available
resources.

The draft strategy will provide council with a plan for implementation.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)




RECOMMENDATION

     1.   THAT COUNCIL ENDORSE THE DRAFT FOOTPATH STRATEGY.

     2.   THAT THE DRAFT FOOTPATH STRATEGY BE PLACED ON PUBLIC
          EXHIBITION.


COMMITTEE RECOMMENDATION

     THAT THE RECOMMENDATION BE ADOPTED.



COUNCIL DECISION

     MOVED:    CR. GOODREM
     SECONDED: CR. GIBB

     THAT THE COMMITTEE RECOMMENDATION BE ADOPTED.
                                                         CARRIED
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

REPORT TO                   Forward Planning Committee                        ITEM NO. 2.3
MEETING DATE                Monday, 2 June, 2003
SUBJECT                     Open Space Strategy
PREPARED BY                 Dennis Prendergast, Team Leader – Recreation Facilities
                            and Development
AUTHORISED BY               Manager - Recreation and Culture
FILE NO.                    0670/205/050



PURPOSE

The purpose of this report is to present the Open Space Strategy for adoption. Consultants
Sykes, Humphreys & EDAW Open Space/Recreation planners were appointed to undertake this
strategy.

SUMMARY

The purpose of the Open Space strategy was to develop a strategic framework, in consultation
with the community to:

•       Identify existing and potential open space in the municipality;
•       Classify open space types using agreed criteria;
•       Provide guidelines for the use and development of open space and associated facilities;
•       Provide analysis of needs, issues, gaps and duplication of provision;
•       Provide a user friendly mapping tool/system that integrates previous open space overlay
        maps, and audits, to support written and visual presentation; and
•       Develop an Implementation Plan that includes timelines, identifies responsible agents,
        and cost implications.

The strategy has found that in general the community is satisfied with the provision of open space
in the Shire, however our communities have an expectation that the existing open space be better
maintained and developed further for safe and enjoyable leisure experiences.

The implementation of the strategy is going to require strong and well managed partnerships
between Council teams, state government agencies, residents, ‘friends’ groups, clubs and
committees of management, and peak sport and recreation associations.

DISCUSSION

This strategy was prepared because of a need to identify planning and development issues and
priorities for a region that has a diverse number of competing open space demands. It is
recognised that an appreciation of issues that are confronting the organisation and the community
had to be fully understood by all stakeholders, so that a co-operative and integrated approach to
ongoing management could be achieved.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

DISCUSSION (CONT’D)

The vast number of open space assets, the complexity of associated issues, and the number of
agencies and individuals that have a role to play, makes the planning management of open space
in the region an intricate process. There are varied perceptions about priority issues and actions,
brought about in part by the range of motivations that bring people to live and recreate on the
Peninsula, and the various interests and requirements associated with managing a unique and
sensitive environment.

This project has identified a diverse range of environmental, social, recreation, visitor and
resident needs, and provides a framework for addressing these needs.

The following were identified as key issues that needed to be considered as part of this study:

•       Equity/Accessibility;
•       Natural heritage protection;
•       Cultural heritage protection;
•       Bushland protection;
•       The role of foreshore and coastal areas as part of the open space network;
•       Relationship of Council owned open space to open space owned and managed by other
        bodies;
•       Opportunities to enhance accessibility to open space areas through a shared pathway
        network;
•       Open space and development contributions; and
•       Issues specific to specific age groups, local communities, changing social patterns.

The following policy statements reflect the basis for the Shire’s practices in relation to the
planning, management, enhancement and protection of open space assets. They set the direction
and framework for future policies, strategic planning and the development of open space, and
have been developed from consultation with stakeholders and with reference to the Shire’s
Community Plan and commitment to sustainability.

The future challenges for Council and its community in relation to open space include:

•       Ensuring a sustainable natural environment while accommodating increased visitation
        and population growth;
•       Encouraging and managing community and agency partnerships in the development and
        maintenance of open space areas;
•       Providing open space opportunities and infrastructure for local communities, the
        Peninsula as a region and visitors to the Shire;
•       Ensuring that various departments both within and external to the Shire work in an
        integrated and coordinated way to manage and develop open space; and
•       Ensuring fair and adequate access to open space areas and key destinations throughout
        the Shire.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

POLICY POSITION

The effective planning, management and development of Council auspiced services and programs
requires an integrated and co-operative approach across the organisation. This is particularly
relevant to the provision of open space amenities and services because of the number of
departments within the organisation that play a key role in the planning, management and
development of the very diverse range of open space areas.

Policy Context

Community Plan

To Service and Strengthen Local Communities

Council is committed to strengthening its communities and will promote and provide quality
services, facilities, programs, and opportunities that foster community health and well being.

Council will provide equitable access to facilities and services tailored to meet our communities’
needs and expectations.

Health and Well Being for all Ages

To plan and implement strategies that facilitate optimal health and well being

Enhancing Recreation, Learning and Leisure Opportunities

To facilitate an improved level of access to recreation, leisure and learning opportunities to
provide better health and well being outcomes.

Health and Well Being Plan

The five key health and well being values complement the direction of the Open Space strategy.

SUSTAINABILITY ASSESSMENT

The strategy articulates the principles and practices supported by Council and the community to
ensure that the municipality remains environmentally, socially and economically sustainable into
the future.

•   Implications/relevance for the Open Space Strategy
•   Recreation facilities and Open Space (Community)
                - improved access and quality of facilities for future generations
                - maximising of participation and community access to facilities and
                    involvement in the management
                - avoid adverse development particularly where impacts are unknown
                - reduction of dependency on non-renewable resources
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

SUSTAINABILITY ASSESSMENT (CONT’D)

•   The Environment
               - recognition and protection of ecosystems and natural character of the
                 peninsula environment
               - recognising the different needs of various ecosystems e.g. coasts, bushland
                 etc.
               - recognise the partnerships (private, public) needed to ensure the effective
                 management of the environment
               - promotion and community development and awareness programs
               - Encouraging and supporting of local community involvement

•   The economy
              - recognising that landscapes are both built and natural, and the need to protect
                both
              - ensuring access to facilities (commercial, sporting etc.) that cater for a range
                of needs and abilities
              - developments need to recognise the natural environment and not threaten its
                viability
              - communities preference for ‘unstructured’ recreation opportunities needs to
                be recognised and catered for
              - features of the peninsula need to be protected to maintain a viable tourist
                industry

PRINCIPLES TO GUIDE THE PLANNING AND MANAGEMENT OF OPEN SPACE

The following principles reflect the basis for Council’s practices in relation to the planning,
management, enhancement and protection of the Shire’s open space assets. They set the direction
and framework for future policies, strategic planning and the development of open space
generally, and are listed under the following headings:

•       Community Involvement and Information;
•       Participation and Partnerships;
•       Access, Equity and Provision;
•       Planning Priorities; and
•       Management and Development.

These headings emerged from the consultation process with internal and external stakeholders
and general community that has been undertaken for this project, the open space strategy and the
strategic review of leisure facilities.

The extent of the Shire, combined with the limited budgets available for capital and recurrent
expenditure on trails and trail maintenance, has been the primary factor in shaping the strategy.
The feedback from the community consultation process strongly indicated a public preference for
fewer, higher quality and better - maintained trails.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)



PRINCIPLES TO GUIDE THE PLANNING AND MANAGEMENT OF OPEN SPACE
(CONT’D)

The network is comprised of a hierarchy of shared trails. As subsets of the more formalised trails,
informal and local trails play a significant role in providing access at the local level as well as
access to more remote or infrequently used areas. These lower level trails have been addressed in
a strategic manner, rather than as detailed actions.

It is important that when evaluating for future open space provision no single factor should be the
basis for determining a direction. A statistical method alone is often ineffective as a planning tool
since community profiles, and therefore community needs change over time. Planning for future
open space provision must consider local needs, trends and existing provision along with general
industry trends to develop a model of provision that will best fit specific communities.

This open space strategy provides a clear picture of the current provision of open space and sets a
framework for positive action and policy to guide the future provision of a sustainable open space
network for the Mornington Peninsula.

INTERNAL CONSULTATION

An internal E-Team was formed to ensure all relevant departments were represented and
contributed to the process.

COMMUNITY CONSULTATION

Opportunities for community input to the project was provided in 3 stages through:

Stage 1

•   Householders - telephone surveys (300)
•   Survey of Sporting Clubs
•   Survey of Conservation Groups
•   Survey of Schools
•   Interviews
•   Internet surveys
•   Community forums (3)
•   Special focus forums (2)
•   Submissions
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)



COMMUNITY CONSULTATION (CONT’D)

Stage 2

Interviews with:
• Councillors
• Council staff – workshop & individual interviews
• Special interest groups/ individuals
• Peak sporting organisations
• Local sporting associations
• Continuing to maintain and upgrade sporting reserves in response to community needs and
    sporting trends
• Pursuing partnerships with groups, residents, public agencies, commercial providers and
    committees to ensure maximum resources are allocated to ensuring sustainability of open
    space for the future.

Stage 3

The draft strategy was placed on public exhibition for comment from 16 December 2002 until 28
February 2003.

Feedback received was minimal, just two verbal comments received complementing the Shire on
a comprehensive document.

FINANCIAL IMPLICATIONS

The Open Space Strategy has 123 recommendations, most of which are to be resourced from
existing operational resources.

A 5 year implementation strategy (appendix 1) that identifies actions outside of existing resources
is attached and is estimated at $555,000 for the 5 year program. This amount has been identified
for consideration within the Shire’s recurrent budget.

The action plan and recommendations are identified in volume 1 of the Open Space Strategy.


RECOMMENDATION

          THAT THE OPEN SPACE STRATEGY BE ADOPTED.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)




COMMITTEE RECOMMENDATION

       THAT THE RECOMMENDATION BE ADOPTED.




Attendance

Cr. Goodrem left the meeting at 5.50 pm.




COUNCIL DECISION

       MOVED:    CR. GOODREM
       SECONDED: CR. GIBB

       THAT THE COMMITTEE RECOMMENDATION BE ADOPTED.
                                                         CARRIED
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

REPORT TO                    Forward Planning Committee                          ITEM NO. 2.4
MEETING DATE                 Monday, 2 June, 2003
SUBJECT                      Mapping and Condition Assessment of
                             Specific Remnant Native Vegetation
                             for the Mornington Peninsula Shire (Stage One)
PREPARED BY                  Garrique Pergl, Natural Systems Planner
AUTHORISED BY                Manager - Strategic Planning
FILE NO.                     0185/1094/03



SUMMARY

This report overviews the Mapping and Condition Assessment of Specific Remnant Native Vegetation
for the Mornington Peninsula (stage one) as prepared by the Arthur Rylah Institute for Environmental
Research (Department of Sustainability and Environment). The study has produced a written report
and digitised maps for specific geographic areas and Ecological Vegetation Classes on private and
public land excepting a large component of crown land managed by the State and Commonwealth. The
mapped information and associated report will inform a broad range of sustainable land use planning.

BACKGROUND

Since European settlement over 80% of the significant native vegetation types originally present across
the Mornington Peninsula Shire is now considered to be extinct, endangered, vulnerable or depleted.
The region of which the shire forms a part is one of the most naturally diverse and yet intensively
modified regions of Australia. Today our community is aware that to reverse the long term decline of
native vegetation it is necessary to better understand the location and condition of the remnants of
complex native vegetation. Mapping of vegetation within the shire area was recently undertaken by
DSE as part of the statewide mapping of Ecological Vegetation Classes at a scale that does not allow
for the vegetation resource to be shown in relation to property boundaries. The present project seeks to
combine progressive technological developments with field research to provide digitised mapped data
to a scale that allows complex native vegetation to be located within a property boundary along with
an associated condition assessment.

DISCUSSION

The present study focussed on four specific geographic areas and one ecological vegetation class as
follows:

•       Yaringa district including as far south as BHP Western Port;
•       Mt Eliza district as far south as Caraar Creek;
•       Arthurs Seat district;
•       Tootgarook Swamp area; and
•       Remnant complex Coast Moonah Woodland floristic community (largely located on the
        Nepean Peninsula portion of the Shire).

The above areas were assessed with regard to their habitat and landscape condition utilising seven
indicators including site condition of vegetation, fauna habitat quality and three indicators of landscape
context designed to reflect future influences on the site vegetation.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

DISCUSSION (CONT’D)

Study Limitations

The study involved a review of aerial photography and a follow up site visit to those areas where
vegetative canopy was observed to occur. Subsequent site inspection revealed that extensive areas of
existing canopy were either devoid of understorey (and usually dominated by weeds) or so lacking in
either character species or life forms as to be unable to be classified as native vegetation for the
purposes of the present study. A very large number of areas potentially supporting Coast Moonah
Woodland, upon site inspection, where found to be dominated by Coast Tea-tree and largely devoid of
ground layer vegetation. However remnant native vegetation in this category is acknowledged to
possess amenity and landscape values and to support biodiversity generally and the report recommends
that further work be conducted to properly assess these values.

The project required that the consultant seek permission from the registered owner to enter and inspect
the land. A significant number of landholders throughout the entire study area but particularly on land
occupied by Coast Moonah Woodland and in the Arthurs Seat area did not provide consent for
contract botanists to enter the land concerned.

Stage two of Mapping of Specific Remnant Vegetation

Funds have been allocated for stage two of the mapping and condition assessment project which will
cover a substantial portion of remaining unmapped complex native vegetation in the Shire for
completion in 2003/04.

Key Study Results and Recommendations:

1.      That over 92% of Coast Moonah Woodland vegetation has been removed since European
        settlement and that the Tyrone Reserve is home to one of the highest quality remnants of
        Coast Moonah Woodland remaining in existence.

2.      The top ten ranked sites in terms of overall of highest significance have been collated in table
        form for each vegetation type and these areas include public reserves, road reserves and
        private land.

3.      That opportunities be sought to review planning approaches regarding the following:
        • The coverage of and appropriateness of existing planning control and overlays.
        • Planning and management processes for higher biodiversity value sites.

4.      Many private landholders having significant remnant native vegetation on their land are both
        aware of the vegetation value and the need to actively protect these remnants however they
        are commonly constrained by the following :
        • Difficulty in accessing information and advice on appropriate management approaches
            and techniques.
        • Limited financial or time resources.
        • Physical limitations imposed by age and other factors.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

DISCUSSION (CONT’D)

Stage two of Mapping of Specific Remnant Vegetation (Cont’d)

4. (Cont’d)
       The consultant commends Council for its package of existing financial incentives for
       protection of biodiversity on private land and further recommends:
       • Consideration of increased capacity within Council to provide specialist assistance or
           advice to landholders with difficult or demanding on-ground management tasks for
           protection of significant remnant vegetation

5.      That many rural road reserves signposted as significant via Council’s Roadside Management
        Plan are becoming increasingly degraded and that a review of the existing Roadside
        Management Plan be undertaken at the earliest opportunity to assist in the reversal of
        degrading processes.

6.      That all Shire controlled Bushland Reserves and Bushland Reserves are subject to
        considerable degrading influences from adjacent land use and consequently the report
        recommends that to better assist the long-term survival of important biodiversity values that
        more resources be committed to greater engagement with those controlling land abutting these
        Council reserves.

7.      Importance of Weed Mapping

        The report acknowledges Council’s commitment to weed control including weed mapping but
        recommends an extension of weed mapping to the entire shire.

8.      Interagency Cooperation
        Greater consideration is recommended for development of improved cooperation regarding:-
        •    Agreed management strategies and standards particularly along shared boundaries.
        •    More coordinated interagency budgetary planning and data sharing.

Intended Study Outcomes

The outcomes of this study will assist Council with regard to the following:

•       The assessment of planning permit applications and rezoning requests;
•       Determination of gaps in the existing coverage of planning scheme overlays;
•       The development of policies, local laws and strategies to protect biological values across land
        tenure;
•       Better informing management of land under Council control;
•       The targeting of financial incentives towards protection and enhancement of biodiversity
        values on private land;
•       The provision of an information base to further assist landholders to better understand and
        develop suitable measures for the protection and enhancement of biodiversity on their land;
•       Opportunities for improved integrated catchment planning and management;
•       Integration of the study results into Council’s GIS system enabling selective community
        access to collated data;
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

DISCUSSION (CONT’D)

Intended Study Outcomes (Cont’d)

•     The targeting of opportunities for more inter-agency integrated planning for protection of
      significant remnants of vegetation; and
•     The nature and priority for further studies required to complete the mapping of remaining
      complex vegetation of the Peninsula and other vegetation valued by the community for its
      inherent habitat, landscape and amenity values


RECOMMENDATION

      1.      THAT COUNCIL ACCEPT THE CONSULTANT REPORT.

      2.      THE REPORT RECOMMENDATIONS AND MAPPED VEGETATION DATA BE
              REFERRED TO THE VEGETATION AND WEED MANAGEMENT PLAN (IN
              PREPARATION).

      3.      THAT A SUBSEQUENT REPORT BE MADE TO COUNCIL ON THE PROGRESS
              TOWARDS COMPLETION OF STAGE TWO OF THE MAPPING AND
              CONDITION ASSESSMENT PROJECT.


COMMITTEE RECOMMENDATION

      THAT THE RECOMMENDATION BE ADOPTED WITH CLAUSE 4 ADDED TO READ
      AS FOLLOWS:

      4.      THAT THE MEMBERS OF THE STEERING COMMITTEE BE THANKED FOR
              THEIR ONGOING INPUT.


COUNCIL DECISION

      MOVED:    CR. GOODREM
      SECONDED: CR. GIBB

      THAT THE COMMITTEE RECOMMENDATION BE ADOPTED.
                                                                                          CARRIED
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

REPORT TO                   Forward Planning Committee                        ITEM NO. 2.5
MEETING DATE                Monday, 2 June, 2003
SUBJECT                     Advisory Committee for Mount Martha Park
PREPARED BY                 Alex Atkins, Manager - Conservation and Environment
AUTHORISED BY               Manager – Strategic Planning
FILE NO.                    0530/020/380


SUMMARY

Following the recent bushfire in Mount Martha Park Council was approached to consider the
establishment of a Community Advisory Committee for the park. Public notices were published
seeking expressions of interest from members of the public in joining the advisory committee. Seven
(7) individuals have submitted and it is recommended that three (3) be appointed to the committee and
that the others be invited to participate as observers at committee meetings. The other members of the
committee will be two (2) representatives of the CFA and three (3) Shire officers with responsibilities
related to the park. It is recommended that the advisory committee be formally established and that a
meeting of the committee be convened as soon as possible.

BACKGROUND

The Shire has over a number of years developed the practice of establishing advisory committees to
assist with issues of importance or as a key component of its policy development process. Advisory
committees provide the opportunity for the Council to obtain the assistance and advice of individuals
with specialist knowledge and or long experience dealing with particular issues or sites of special
interest.

The Mount Martha Park is an area which has experienced two significant bushfire events in the last 6
years. The Park also has significant conservation and landscape values important to the maintenance
of the biodiversity of the peninsula. These facts alone suggest that the management approach taken in
the park might benefit from the establishment of an Advisory Committee comprising representatives
from nearby residents, the CFA and the Shire’s own staff involved in bushland management and fire
prevention.

In addition the Council has received representations from local residents that a committee be formed to
consider the current and future management of the park particularly in relation to fire management.

PROCESS

Following receipt of the representations mentioned above expressions of interest have been sought for
membership of an advisory group for the park. Seven (7) individuals have nominated and a decision is
now required on the formal make up of the proposed advisory committee.

POLICY CONTEXT

There is no specific policy regarding the formation of an Advisory Committee as proposed. However
as stated above the practice has occurred over a number of years and is consistent with Councils
community plan commitments in the area of governance and community consultation.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

DISCUSSION
Following the recent bushfires in the park a protest meeting was held to highlight perceived
deficiencies in the park management. The resolution passed at the meeting and subsequently presented
to the Mayor and Chief Executive Officer called for the establishment of a committee involving
residents to input into the future management of the park. As indicated above the establishment of
such an advisory committee has been demonstrated in the past to assist resolve difficult policy and
land management issues that confront the Shire and the community from time to time. It is considered
that the establishment of an advisory committee in the case of Mount Martha Park is appropriate and
desirable given the fact that the park has experienced two significant bushfire events in the last six
years and it contains significant conservation and landscape values. Ensuring that the management
strategies and practices undertaken in the park will deliver a sustainable outcome long term is a
complex problem

The establishment of an advisory committee for the Mount Martha Park will provide the Shire with the
extra benefit of local knowledge and experience, including the personal experience of significant
bushfire events, in reviewing and designing the future management options for the park. This will
provide a more direct opportunity for the Shire and Shire Officers to gain an appreciation of the
expectations of adjoining residents and users of the park. In combination with the shire’s existing
expertise in bushland and fire management it is expected that the input and assistance from the
Advisory Committee will enable the park to reach best practice in facets of park management.

The establishment of an Advisory Committee as proposed is also expected to assist improved
communication between residents, park users, emergency services and all staff engaged in the
management of the park including Shire contractors.

The proposed structure of the Advisory Committee is that it comprise 8 members and that it be
convened by a senior manager from the Shire. Membership would comprise 3 community
representatives, 2 representatives of the CFA, the Shire’s Fire Prevention Officer, the Shire’s bushland
manager for the park and the Shire’s Manager Conservation and Environment.

It is suggested also that the Ward Councillor be invited to attend all meetings of the Committee as an
observer.

It is intended that the committee will not require voting to determine outcomes and that at all times
matters should be resolved or dealt with through consensus. A formal terms of reference for the
committee will be required and it is proposed that a draft terms of reference would be prepared for
discussion and agreement at the first meeting of the committee.

The following seven individuals responded to the public advertisement calling for expressions of
interest in joining the proposed advisory committee:

•       David Tredinnick
•       Frank Nelson
•       Ron J Hines
•       Ken Dyer
•       Lynette Wilks
•       Sophie Small
•       Ian Warren
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)

DISCUSSION (CONT’D)

Having considered the content of the expressions of interest submitted it is recommended that the
following three persons be appointed to the Advisory committee:

•       Frank Nelson
•       Ron J Hines
•       Sophie Small

In addition it is recommended that the individuals not appointed be invited to attend future meetings as
observers and that they receive notice of meetings and minutes. In the event of a vacancy occurring
amongst the community representatives on the committee it is further recommended that the vacancy
be filled from amongst these individuals.

If Council agrees to the formation of this committee it is recommended that the CFA be invited to
nominate two representatives one from the local brigade and one from the regional office. It is
considered important that the CFA representation include a regional perspective for the value that can
be gained in terms of consistency with the Shire’s overall fire management strategy and the cross
fertilisation that can occur between this shire and the experience in other areas with similar situations
to Mount Martha.

The Shire representation on the committee is again recommended to have a broad representation
across all issues and values represented in the parks including maintenance, biodiversity management,
capital budgeting and community education.

CONCLUSION

The proposed Advisory Committee for the Mount Martha Park represents an opportunity to increase
the range and scope of advice available to the Shire related to the future management of the park. The
committee structure proposed is consistent with similar advisory committees established elsewhere in
the Shire and the interest and expertise amongst the recommended community members will
contribute significantly to further progressing the management strategies and practices undertaken in
the park towards long term sustainability.


RECOMMENDATION

        1.      THAT COUNCIL AGREE TO THE ESTABLISHMENT OF AN ADVISORY
                COMMITTEE FOR THE MOUNT MARTHA PARK COMPRISING A TOTAL OF
                8 MEMBERS BEING 3 COMMUNITY MEMBERS, 2 REPRESENTATIVES OF
                THE CFA, THE SHIRE’S FIRE PREVENTION OFFICER, THE SHIRE’S
                BUSHLAND MANAGER FOR THE PARK AND THE SHIRE’S MANAGER
                CONSERVATION AND ENVIRONMENT AS CONVENOR.

        2.      THAT THE CFA BE INVITED TO NOMINATE TWO REPRESENTATIVES
                BEING ONE FROM THE LOCAL BRIGADE AND ONE FROM CFA REGIONAL
                OFFICE.
MINUTES OF THE FORWARD PLANNING COMMITTEE MEETING HELD – 02/06/03
(CONT’D)



RECOMMENDATION (CONT’D)

     3.   THAT THE FOLLOWING THREE INDIVIDUALS BE APPOINTED TO THE
          COMMITTEE:

          •    FRANK NELSON
          •    RON J HINES
          •    SOPHIE SMALL

     4.   THAT THE FOLLOWING INDIVIDUALS WHO EXPRESSED INTEREST IN
          JOINING THE COMMITTEE BUT WERE NOT APPOINTED BE INVITED TO
          ATTEND MEETINGS AS OBSERVERS.

          •    DAVID TREDINNICK
          •    KEN DYER
          •    IAN WARREN
          •    LYNETTE WILKS

     5.   THAT IN THE EVENT OF A VACANCY SHOULD ARISE AMONGST THE
          COMMUNITY MEMBERS THAT A REPLACEMENT MEMBER BE
          APPOINTED FROM THE OBSERVER GROUP OF INDIVIDUALS NAMED IN
          POINT 4.


COMMITTEE RECOMMENDATION

     THAT THE RECOMMENDATION BE ADOPTED.


COUNCIL DECISION

     MOVED:    CR. GOODREM
     SECONDED: CR. GIBB

     THAT THE COMMITTEE RECOMMENDATION BE ADOPTED.
                                                            CARRIED
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)



SECTION 3 – CONFIDENTIAL ITEMS

        Nil.



SECTION 4 – URGENT BUSINESS

        Nil.




As there was no further business, the meeting closed at 6.18 pm.




CONFIRMED THIS                    4th              DAY OF                        August 2003


                                                   …………………………………………………….
                                                          CHAIRMAN




AUTHORITY TO STAMP INITIALS ON MINUTES

I, Cr. David Renouf, Chairman – Forward Planning Committee hereby authorise the use of a stamp of
my initials to initial each page of these Minutes of the Forward Planning Committee Meeting held on
Monday, 2 June, 2003, confirmed on 4 August 2003 in accordance with the requirements of Clause
22(6) – Part 3 Meeting Procedure of the Mornington Peninsula Shire Council Local Law No. 2 –
Council.


………………………………………………………………….
(Cr. David Renouf, Chairman – Forward Planning Committee)

Dated this                                         day of                                   2003
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)



SECTION 4 - NOTICES OF MOTION

       Nil.


SECTION 5 – COUNCILLORS AND DELEGATES REPORTS

5.1    Association of Bayside Municipalities (ABM) Meeting (Cr. Bell)

       Cr. Bell reported in the issues covered at the meeting including those of Mr Doug Miller,
       Department of Sustainability and Environment.

       The President’s report has been placed in the Councillor Communicator.

5.2    Opening of BHP Steel Lysaght Plant at Lyndhurst (Cr. Stahl)

       Cr. Stahl, on behalf of the Mayor, attended the opening of this Plant and reported on the size
       and operations of this new facility.

5.3    Beach Works at Rosebud (Cr. Gibb)

       Cr. Gibb advised that funds have been allocated for beach works at Rosebud.

5.4    Fit to Drive launch (Cr. R. Smith)

       Cr. Reade Smith, on behalf of the Mayor, recently attended the launch of the Fit to Drive
       campaign.

5.5    Opening of St. James by the Bay – Mount Martha (Cr. Shaw)

       Cr. Shaw, along with a number of Councillors, attended the opening of the new St. James by
       the Bay facility.

5.6    Launch of Pinot Wine Week (Cr. Jarman)

       Cr. Jarman, along with the Mayor and Cr. Shaw, attended the launch of Pinot Wine Week.

5.7    Departure of Gyoto Monks (Cr. Shaw)

       Cr. Shaw, along with the Mayor, attended the departure ceremony for the Gyoto Monks.


SECTION 6 - URGENT BUSINESS

       Nil.


SECTION 7 – CONFIDENTIAL ITEMS

       Nil.




Mornington Peninsula Shire Council                                                                48
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD – 16/06/03 (CONT’D)




As there was no further business, the meeting closed at 6.52 pm.




CONFIRMED THIS                    21st             DAY OF                              July 2003


                                                   …………………………………………………….
                                                           CHAIRMAN




AUTHORITY TO STAMP INITIALS ON MINUTES

I, Cr. David Renouf, Chairman – Ordinary Meeting hereby authorise the use of a stamp of my initials
to initial each page of these Minutes of the Ordinary Meeting held on Monday, 16 June, 2003,
confirmed on 21 July 2003 in accordance with the requirements of Clause 22(6) – Part 3 Meeting
Procedure of the Mornington Peninsula Shire Council Local Law No. 2 – Council.


………………………………………………………………….
(Cr. David Renouf, Chairman – Ordinary Meeting)

Dated this                                         day of                                   2003




Mornington Peninsula Shire Council                                                              49

				
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