MELTON SHIRE COUNCIL THESE MINUTES CONTAIN REPORTS DEALT WITH AT A by pengxuebo

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

                        MELTON SHIRE COUNCIL
       MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL
     CHAMBER, CIVIC CENTRE, MELTON ON 28TH JUNE 2004 AT 7.00 PM

PRESENT

Cr Richard Gough                (Mayor)
Cr Chris Papas                  (Deputy Mayor)
Cr Marica Jankovic
Cr Charles Watson
Cr Syd Elliott
Cr Sophie Ramsey
Cr Garry Stock

Mr Kelvin Tori                  (General Manager)
Mr Luke Shannon                 (General Manager)
Mr Maurie Heaney                (Acting General Manager)
Mr Peter Bean                   (Administration Manager)
Ms Suzane Becker                (Planning Manager)


1.    OPENING PRAYER
      The Acting Chief Executive, Kelvin Tori read the opening prayer and
      reconciliation statement.

2.    APOLOGIES
      An apology was received from Mr Neville Smith, Chief Executive.

3.    PECUNIARY INTEREST
      No pecuniary interests were declared.

4.    CONFIRMATION OF MINUTES
      Cr Papas/Stock. That the minutes of the Ordinary Meeting, 24th May 2004 be
      confirmed as a true and correct record.
                                                                       CARRIED

5.    PETITIONS AND JOINT LETTERS
      No petitions were received.


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


     1. DRAFT MUNICIPAL PUBLIC HEALTH PLAN 2004 - 2007                                      6


           This report presents a summary of the process for developing the
           Draft Municipal Public Health Plan, the key findings of the project
           and recommends that Council endorse the Draft Plan for public
           exhibition.


     2. EXTENSION OF FUNDING FOR COUNCIL'S RECONNECT PROGRAM                                12


           The purpose of this report is to inform Council that the Youth
           Services Reconnect Program has been successful in receiving
           additional funding for a further three years.


     3. APPLICATION FOR PLANNING PERMIT PA2003/188.                                         14


           To consider an application for planning permit for a two (2) lot re-
           subdivision of land at 226-342 Blackhill Road, Toolern Vale.


     4. MELTON PLANNING SCHEME - AMENDMENT                                 C43    WESTERN
        FREEWAY/LEAKES ROAD INTERCHANGE, ROCKBANK                                           25


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


     5. COUNCIL CONTRIBUTION TO FENCING COSTS                                               29


           The purpose of this report is to make an amendment to Council’s
           Policy 4.13 “Council Contribution To Fencing Costs” and to provide
           guidelines where contribution is requested towards fencing costs by
           adjoining property owners to land which Council has responsibility.


     6. CONTRACT 03/037-ENGINEERING DESIGN SERVICES                                         34


           The purpose of this report is to consider the extension of the above
           contract to undertake the Design Services for Council’s Annual
           Capital Works Program for a further period of two years.
                                     Index of Staff Reports
Item No.                                                                                Page No.

     7. COMMUNITY ROAD SAFETY STRATEGY                                                             37


           The purpose of this report is for Council to receive and adopt the
           Melton Shire Council Community Road Safety Strategy for the
           period June 2004 to December 2007.


     8. AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL                                       40


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


     9. BEST VALUE REVIEW- FINANCE & RATES                                                         42


           To advise Council that the Best Value Review for the Finance and
           Rates unit is now completed in accordance with Council’s adopted
           Best Value Review timetable.


     10. BEATTYS ROAD AND TARLETONS ROAD – JOINT LETTERS                                           45


           The purpose of this report is to respond to the joint letters presented
           at the 24 May 2004 Ordinary Meeting of Council concerning a
           request to have Beatty’s Road between Melton Highway and
           Plumpton Road and Tarletons Road Rockbank sealed.


     11. ADOPTION       OF   BUDGET   FOR   2004/2005    AND   DECLARATION      OF   RATES   AND
         CHARGES                                                                                   48


           Having completed the public submission process of the draft budget
           for 2004/2005, Council now have to proceed with consideration of
           the adoption of the budget and to declare the rates and charges for
           2004/2005.


     12. STRATEGIC LONG TERM FINANCIAL PLAN 2004/05 - 2008/09                                      51


           To consider adoption of Council’s Strategic Long Term (5 Year)
           Financial Plan 2004/05 – 2008/09
                                    Index of Staff Reports
Item No.                                                                           Page No.

     13. APPLICATION FOR PLANNING PERMIT PA2004/062                                      53


           To consider an application for a Freeway Service Centre with
           associated car parking, landscaping and access to a road in a Road
           Zone (Category 1) at 1612-1746 Calder Highway, Diggers Rest.


     14. APPLICATION FOR PLANNING PERMIT NO PA2003/504                                   70


           To consider an application for planning permit for the subdivision of
           land at 570 Exford Road into 7 lots.


     15. APPLICATION FOR PLANNING PERMIT NO PA2003/121                                   81


           To consider an application for planning permit for a medical centre
           with associated car parking, landscaping and advertising signs at
           247-251 Station Road, Melton.


     16. EXFORD ROAD TRAFFIC MANAGEMENT WORKS                                            94


           The purpose of this report is to update Council on the further
           consultation undertaken, including the hearing of submissions, and to
           recommend proposed treatment for Exford Road


     17. 2004/05 COMMUNITY FUNDING PROGRAM                                               103


           To inform Council that a review of Council’s Community Funding
           Scheme has been completed with a recommendation presented for
           endorsement.


     18. YEAR 2004 REVALUATION - LEVELS OF VALUE AS AT 1 JANUARY, 2004                   111


           To inform the Council that the General revaluation for 2004 has now
           been received from the Council’s Valuer L G Valuations Pty Ltd for
           Council’s consideration.


     19. MUNICIPAL AUDIT COMMITTEE                                                       114


           This report advises Council of the minutes of the Municipal Audit
           Committee meeting held on 9th June 2004 and recommends actions
           emanating from the minutes.
                                   Index of Staff Reports
Item No.                                                                          Page No.

     20. NAME CHANGE - GOURLAY ROAD PRIMARY SCHOOL                                      116


           To seek Council’s approval to submit a recommendation to the
           Registrar of Geographic Place Names that the name of Gourlay Road
           Primary School be renamed Parkwood Green Primary School.


     21. BEST VALUE REVIEW - CEMETERY SERVICES                                          121


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


     22. PREMIER INNS COMPLIANCE WITH SECTION 173 AGREEMENT                             121


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


     23. PROVISION OF DEBT COLLECTION SERVICES- TENDER 04/032                           121


           This report is brought into existence for the purpose of submission
           for consideration at a closed meeting of Council in accordance with
           Section 89 (2) of the Local Government Act 1989.
ORDINARY MEETING                                                             28 JUNE 2004

 ITEM NO 1                                               FILE NO: 50/175/10
                                                         Lisa Wilkins / lw



           DRAFT MUNICIPAL PUBLIC HEALTH PLAN 2004 - 2007

PURPOSE OF REPORT:

This report presents a summary of the process for developing the Draft Municipal Public
Health Plan, the key findings of the project and recommends that Council endorse the
Draft Plan for public exhibition.



RECOMMENDATION:
That Council endorse the Draft Municipal Public Health Plan 2004 - 2007 for public
exhibition.

Motion:

Crs Papas/Elliott. That the recommendation be adopted and Council Officers research
available data in relation to the high incidence of asthma in Melton, to determine whether
any casual link to vegetation in the area has been established.

                                                                                 CARRIED



REPORT
1.   Background
     Section 29B of the Victorian Heath Act 1958, imposes a legal requirement on local
     government to develop such a strategic plan in the form of a Municipal Public Health
     Plan (MPHP). The MPHP must:

          Identify and assess the actual and potential public health dangers in the
           municipality

          Outline the programs and strategies which the council intends to pursue to
           prevent or minimise those dangers, to enable the people in the municipality to
           achieve maximum wellbeing

          Provide for the periodic evaluation of those programs and strategies, as well
           as annually reviewing the public health plan




                                                                                   Page 6
ORDINARY MEETING                                                         28 JUNE 2004

   The development of an MPHP is a process of gathering appropriate and relevant
   information, analysing information and then determining priorities, objectives and
   strategies to be pursued by all the stakeholders in the process. This information is
   used to build a profile of the community and major health issues affecting it, and
   helps to determine:

        The nature and characteristics of the community
        Community strengths, resources and capacities
        The determinants of health and wellbeing
        Whether current services and initiatives are responding appropriately to illness
         and are promoting health
        Where there is a gap in services
        Where new services are necessary to remove an existing health inequality
        Where existing services can be better targeted
        What environmental changes are necessary to improve health
        How community structures are affecting health and the need for community
         development
        Risk management strategies
        Planned actions within and between organizations, professions and sectors

   In March 2004, Martin Bonato and Associates were engaged to develop the draft
   Municipal Public Health Plan 2004-07. The process for developing the Draft Plan
   was explained at the April Council Briefing and is summarised here:

   The State Government has produced public health planning guidelines that focus
   upon the four environments of health i.e.

        Built Environment (roads, urban design, land-use planning)
        Economic (jobs, tourism, education)
        Social (community and life stage planning, children, families, youth, social
         issues)
        Natural (sustainability, waste management, open space)

   The development of this Draft Municipal Public Health Plan examined all four
   environments of health in the municipality. The process for developing the Draft Plan
   involved:

        Extensive literature review of health and wellbeing data
        Consultation with Council, service providers and organisations (focus groups
         and individual interviews)
        Analysis of information from recent community consultations
        Development of draft strategic directions and actions.




                                                                                 Page 7
ORDINARY MEETING                                                            28 JUNE 2004


2.   Community Planning Reference and Policy Reference
     The Community Plan 2003 – 2006 endorses the vision for the Shire as “ a vibrant,
     growing and healthy community offering lifestyle choices. “ The Community Plan
     explains that by healthy Council means, “ having, showing or producing good health.
     While many Council services such as our immunisation programs and inspection
     services directly contribute to better health, we are also embracing broader social
     health needs such as jobs, recreation, pastimes and social interaction.”

3.   Financial Considerations
     Implementation of the Municipal Public Health Plan 2004 – 2007 was taken into
     consideration during Council‟s 2004-05 Budget process. Financial considerations for
     funding later years of the Plan will be subject to Council‟s budgetary processes.

     A State Government Grant of $6,666.66 has been provided to assist the
     enhancement of integrated planning which is a key component within the Draft
     Municipal Public Health Plan.

     A fundamental component of the draft Plan is a commitment to augment Council‟s
     ability to work with other organisations to take advantage of funding opportunities. It
     is intended for Council to continue to proactively consult and work with other
     stakeholders to identify funding opportunities and effective mechanisms for dialogue
     and information.

4.   Consultation/Public Submissions
     The Shire of Melton has developed a range of strategic reports relating to different
     population groups, and to the four environments of health.          Information from
     previous consultations undertaken for the development of these strategies were
     utilised in the development of the Draft Municipal Public Health Plan. For example,
     consultations conducted for the Community Plan, the Economic Development
     Strategy and the Events Strategy revealed a wealth of information about public
     health issues relevant to the development of the Draft Plan.

     In May 2004, three focus groups were conducted specially for the Draft Plan. A total
     of 45 people from community agencies, education providers, government agencies,
     Councillors and Council staff attended the focus groups. The focus groups were
     organised to focus upon a particular dimensions of health i.e. social, built/natural and
     economic dimensions of health. In addition, interviews with community, government
     agencies and Council officers were also conducted. For more information refer
     Appendix 1.

     Following council‟s endorsement, it is intended for the Draft Plan to be placed on
     public display until 2nd August. Public comments will be considered and, where
     appropriate, incorporated into the final Municipal Public Health Plan. The Council
     report in August will include a summary of public submissions on the Draft Plan and
     an explanation of where changes, if any, have been made to the Draft Plan.




                                                                                     Page 8
ORDINARY MEETING                                                           28 JUNE 2004

     The final Plan Municipal Public Health Plan will be presented for endorsement at the
     Council meeting on 30th August.

5.   Issues
     Summary of Health Issues

     The Shire of Melton faces a number of significant health issues. The range of data
     used for the Draft Municipal Health Plan has brought up several recurring themes in
     terms of community health issues for the municipality, these are:

          Specific diseases and conditions, particularly smoking related conditions
           (including a high level of asthma prevalence amongst school entrant children.

          Access to medical services (level of GP, growth in emergency department
           presentations, low bulk-billing rates). For example, across all age groups the
           rate of hospital admissions for Shire residents was also significantly above the
           Victorian average.

          Maternal and Child Health: Melton has a wide range of conditions for which 0-
           4 year olds have above average hospital admission rates; a high level of
           growth in the number of first-time mothers; a high level of growth in birth
           notifications; a low level of babies who were fully breastfed; and low
           participation rates for the Maternal and Child Health service.

          Community safety issues including road safety and perceptions of safety. The
           Shire has a relatively low crime rate, coupled with a range of community
           concerns about increasing crime and decreasing safety.

          Males in the Shire of Melton had an above average burden of disease from
           chronic respiratory diseases (including emphysema/chronic bronchitis and
           asthma), diabetes, low birth weight and lymphoma. .

          Women seem to have a wider range of health issues than men. Females in
           the Shire of Melton had an above average burden of disease from chronic
           respiratory diseases (including emphysema/chronic bronchitis), diabetes, low
           birth weight, stroke, various forms of cancer (including stomach cancer, lung
           cancer and brain cancer), dementia, emphysema/chronic bronchitis, digestive
           disorders, congenital abnormalities and road traffic accidents.

          Other health issues, which are major contributors to the burden of disease
           (whether or not they make an above average contribution) include mental
           disorders, cardiovascular diseases, and neurological and sensory disorders.

     Demographic factors affecting Melton‟s health status and service needs include:

          Substantial forecast population growth, leading to increased demand for
           health and related services. This will have impacts across a broad range of
           areas, such as increased need for a thriving local economy, increased waste
           generation, increased infrastructure needs (e.g. transport), more usage of
           open space, and so forth.

                                                                                   Page 9
ORDINARY MEETING                                                          28 JUNE 2004

       Whilst Melton has a well below average proportion of older persons, the
        number of residents aged 65 years or more is forecast to increase by more
        than 330% over a fifteen-year period. This large increase in Melton‟s aged
        population is likely to lead to increased need for health services, community
        safety programs (e.g. falls prevention), increased early intervention and
        support based programs (e.g. delivered meals); and intensive services for
        those with a high level of needs. It will also have broader impacts on areas
        such as housing needs

       Melton has a low overall crime rate. However, a high level of Melton residents
        perceived that crime had increased over a five-year period, that crime was a
        problem to a great or moderate extent in their local area, and that their area
        was less safe than it was five years ago.

       Most of Melton‟s working population (80% as of the 2001 Census) have to
        travel outside the municipality to reach employment. The other main work
        destinations are Melbourne‟s Western Region (33%) and the City (19%).
        Thus Melton is effectively a transit municipality, and its ratio of jobs to housing
        falls well below the ratio thought to be desirable.

       Work patterns are changing, with an increase in the number of full-time
        workers working very long hours. Travel time is likely to have a particular
        impact on Melton workers, who spend much more time travelling outside their
        municipality to access work than the average employee. These workers will
        require services which are available outside standard business hours, or
        which are close to their workplace. Extremely long working hours and travel
        times may also contribute to work-related health problems, such as stress and
        fatigue, or to difficulties in balancing work with family life.

       Melton has a high level of residents earning less than $10,400 per annum,
        which is likely to impact this group‟s ability to meet the basic standards of
        living necessary to good health (e.g. food, utilities), and to pay for private
        health services.

       Transport has a major impact on health, through areas such as community
        safety and injury; fitness through bike use; environmental health impacts of
        motor vehicles versus public transport usage; and service access and
        transport affordability. Road safety is a key concern for residents.

       The main dwelling types in Melton are separate houses, which accounted for
        90% of all dwellings. Melton has a high level of dwellings, which are
        mortgaged, but its median monthly housing loan repayment is the same as the
        MSD average. It has a low level of public housing and a low level of
        homelessness.

       Water conservation is a significant issue within the Shire of Melton, due to low
        rainfall. The current drought conditions have made water issues a priority.
        The substantial growth forecast for Melton‟s population poses considerable
        challenges for sustainable water management.




                                                                                  Page 10
ORDINARY MEETING                                                          28 JUNE 2004

     Summary of strategic directions in Draft Municipal Health Plan

     The health profile of the Melton Shire presents a number of challenges as well as
     opportunities for the municipality. The strategic directions in the Draft Municipal
     Public Health Plan provide a framework for Council and other stakeholders to work
     together to improve the health and wellbeing of the municipality. The draft strategic
     directions are:

     1.    To improve service planning and coordination and increase service capacity
     2.    To improve service access and participation rates
     3.    To build value adding strategic alliances
     4.    To improve the design and construction of neighbourhoods and housing to
           improve health outcomes
     5.    To support our community members to blending family, work and community
           life.

     Many of the actions contained in the Draft Municipal Public Health Plan acknowledge
     work Council is already undertaking for the health and wellbeing of the municipality.
     Other actions in the Draft Municipal Public Health Plan are new actions aimed at
     enhancing Council's roles in provision of services, advocacy and partnership
     building. These new actions are of critical importance to the health and wellbeing of
     the municipality.

     Appendix 2 contains the draft Municipal Public Health Plan, which this report
     recommends be placed on public exhibition.

6.   Options
     Not Applicable

7.   Conclusion
     The development of the Draft Municipal Public Health Plan has enabled Council to
     collect and analyse a range of health and wellbeing data. The Draft Plan presents a
     framework for action and highlights how Council can work with other stakeholders to
     improve the health and wellbeing of the community.




                                                                                 Page 11
ORDINARY MEETING                                                         28 JUNE 2004


 ITEM NO 2                                              FILE NO: 70/60/235
                                                        T BALL / aj



     EXTENSION OF FUNDING FOR COUNCIL'S RECONNECT PROGRAM

PURPOSE OF REPORT:

The purpose of this report is to inform Council that the Youth Services Reconnect Program
has been successful in receiving additional funding for a further three years.



RECOMMENDATION:
That Council receive and note this report.

Crs Ramsey/Stock. That the recommendation be adopted.

                                                                               CARRIED



REPORT
1.   Background
     Melton Shire Council was successful in receiving Federal Funding under the
     Reconnect Program in June 2001. The Reconnect Program aims to support young
     people to remain connected with their family, education, training and employment
     through the provision of support to enhance the family unit where possible.

     As a result of the successful evaluation, the Department of Family and Community
     Services has extended funding for a further three years.

     The project receives $213,570.00 per annum recurrent from the Department of
     Family and Community Services and incorporates brokerage funds to provide
     specialist services where required.

2.   Community Planning Reference and Policy Reference
     Key Direction - Community Services, Capacity and Wellbeing

     6.     Community Planning and Service Delivery
            Service planning and delivery that is accessible and relevant to community
            needs.

     6.1    Community Consultation
            Year 1,2&3 - Undertake community consultation in the development, review
            and evaluation of Council services


                                                                                Page 12
ORDINARY MEETING                                                         28 JUNE 2004

     6.2   Council Operations
           Year 1, 2 & 3 - Develop and enhance Council systems, procedures and
           protocols to ensure responsiveness to customer requirements.

3.   Financial Considerations
     The Department of Family and Community Services Reconnect Program provides
     recurrent funding of $213,570.00 per annum for three years. This program operates
     at no net cost to Council, however, Council provides indirect support through
     supervision and office space.

4.   Consultation/Public Submissions
     Not applicable.

5.   Issues
     As a result of the extension to funding, the program is now able to provide enhanced
     services that will meet the increasing needs of the community. This enhanced model
     will provide three positions within the reconnect program, providing a mixture of
     individual casework and developmental programs with an increased presence of the
     service in the growth areas of the municipality.

6.   Options
     Not applicable.

7.   Conclusion
     Melton Shire Council‟s Youth Services Reconnect Program will continue to provide
     services that aim to maintain young people‟s connection with their family,
     employment, education and training and provide numerous opportunities to enhance
     the wellbeing of the overall Melton community.




                                                                                Page 13
ORDINARY MEETING                                                             28 JUNE 2004


 ITEM NO 3                                               FILE NO: 45/170
                                                         Steve Finlay / SF



             APPLICATION FOR PLANNING PERMIT PA2003/188.

PURPOSE OF REPORT:

To consider an application for planning permit for a two (2) lot re-subdivision of land at
226-342 Blackhill Road, Toolern Vale.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Refusal for Two (2) Lot Re-
subdivision of the land at Pt. CA 3A Sec.18 Parish of Yangardook and Lot 1 on TP7554E,
being numbers 226-342 Blackhill Road, Toolern Vale on the following grounds:

1.    The proposal is inconsistent with the State Agriculture Policy located at Clause
      17.05 of the Melton Planning Scheme, as it will result in the diminution of land that
      could be used for agricultural purposes.

2.    The proposal is inconsistent with the State Environment Policies of the Melton
      Planning Scheme, and in particular, those polices related to the Protection of
      Catchments, Waterways and Groundwater (Clause 15.01) and Conservation of
      Native Flora and Fauna (Clause 15.09).

3.    The proposal is inconsistent with Clause 22.08, Rural Land Use Policy of the
      Melton Planning Scheme.

4.    The proposal is inconsistent with Clause 35.04, Green Wedge Zone of the Melton
      Planning Scheme.

5.    The proposal is inconsistent with the environmental objectives of the Environmental
      Significance Overlay affecting the land.

Crs Stock/Watson. That the recommendation be adopted.

                                                                                 CARRIED




                                                                                  Page 14
ORDINARY MEETING                                                                28 JUNE 2004


REPORT
1.   Background
     Executive Summary

     The application is to re-subdivide two existing lots to create allotments having areas
     of 9.5ha and 79.7ha respectively. The 79.7ha allotment is to be accessed via
     Blackhill Road, whilst the 9.5ha allotment to be created in the north-western corner of
     the site is to be accessed via Burns Lane. Blackhill Road is a sealed road for a large
     portion, however in the vicinity of the subject land, it is an unsealed gravel road.
     Burns Lane is also unsealed. There is an existing dwelling on Lot 2, and the applicant
     has provided a building envelope in anticipation that a dwelling will be erected on Lot
     1, which is to be located across the Yangardook Creek.

     Public notice of the application was given, and two (2) objections were received. The
     objections relate to additional traffic on the unsealed portion of Blackhill Road leading
     to wear and tear, inconsistency with existing rural land use, loss of agricultural land
     and inconsistency with the Rural Land Use Policy provisions of the Melton Planning
     Scheme.

     Despite the proposal being a boundary re-alignment, therefore not actually resulting
     in an increase in the number of lots, the proposal has been found to be inconsistent
     with the relevant state and local planning policies. This is because the proposed
     subdivision will result in the creation of a rural living lot in an agricultural area, which
     has the potential to negatively impact on existing agricultural land use in the vicinity
     of the site. In addition, access to both lots is via unsealed roads, which is inconsistent
     with Councils‟ Rural Land Use Policy. Councils‟ Environmental Services Unit has
     concern regarding access over the Yangardook Creek to Lot 1 being via an unstable
     dam wall, which has a failed overflow, and is erosion prone. The proposed building
     envelope for Lot 1 is also in close proximity to the Creek and may result in an
     increase in wastewater runoff entering the creek.

     In summary, the proposed boundary re-alignment will not provide for a positive
     environmental outcome for the site. In fact, it will exacerbate current concerns.

      Application:            PA2003/188
      Applicant:              Robin Viney Pty. Ltd. on behalf of Dahan Family.
      Property/Location:      Pt. CA 3A Sec.18 Parish of Yangardook and Lot 1 on
                              TP7554E, being numbers 226-342 Blackhill Road, Toolern
                              Vale.
      Zoning:                 Green Wedge Zone
      Overlay/s:              Part Environmental Significance Overlay (Schedule 1)
                              Part Environmental Significance Overlay (Schedule 2)
                              Part Wildfire Management Overlay




                                                                                       Page 15
ORDINARY MEETING                                                             28 JUNE 2004

   The Land

   The subject land is described as Pt. CA 3A Sec.18 Parish of Yangardook and Lot 1
   on TP7554E, being numbers 226-342 Blackhill Road, Toolern Vale. The site is on the
   western side of Blackhill Road and contains a dwelling and shedding located in the
   central part of the site. These structures are well shielded by existing tree cover,
   which extends to the Yangardook Creek that traverses the property at the rear
   towards Burns Lane.

   The site is mostly gently undulating and falls from east to west, where it slopes
   sharply and it falls away towards the Yangardook Creek and Burns Lane. The central
   part of the property contains the highest portion of the land, where good views are
   enjoyed of the surrounding areas.

   The applicant has advised that the front portion of the land has been extensively
   modified for agricultural purposes and contains largely improved pasture, however,
   there is little evidence that the land has been used for any crop raising or grazing
   pursuits recently. The rear portion of the land which slopes towards Yangardook
   Creek and Burns Lane is well vegetated with a mixture of Grey Box and Acacia
   Woodlands as well as native grasses, and there is evidence of erosion adjacent to
   the creek.

   Land surrounding the subject land is used for a mixture of rural and rural living
   pursuits. The Tremon Thoroughbred Stud is located immediately to the north of the
   subject land.

   The current access to the site is via an unsealed section of Blackhill Road, which is
   virtually unsealed from just south of Mount Aitken Road north to the municipal
   boundary with the Macedon Ranges Shire. Burns Lane, at the rear of the site is also
   an unsealed gravel road.

   Refer to Appendix 1 for a locality plan
   Refer to Appendix 2 for an existing subdivision layout plan.

   The Application

   The Lot application involves the re-subdivision of Pt. CA 3A Sec.18 Parish of
   Yangardook and 1 on TP7554E, being numbers 226-342 Blackhill Road, Toolern
   Vale.

   Part Crown Allotment 3A Sec. 18 Parish of Yangardook is currently 9.17ha in area
   and has frontage to Burns Lane. Lot 1 on TP7554 is currently 80.03ha and is
   accessed via Blackhill Road. It is proposed to conduct a boundary re-alignment of the
   two titles, such that the land will still only comprise two titles. The re-subdivision will
   create two allotments of 9.5ha and 79.7ha respectively.

   A building envelope of approximately 5400 square metres has been set aside on
   proposed Lot 1 to cater for likely future dwellings and sheds on the land. The building
   envelope will be setback a minimum distance of 108 metres from Burns Lane, 40
   metres from the northern boundary and only 50 metres from the Yangardook Creek.



                                                                                     Page 16
ORDINARY MEETING                                                              28 JUNE 2004

     The applicant has also advised that with the improvement of the eastern part of the
     property, there has been a good level of control of noxious weeds. There are areas of
     Gorse, Artichoke Thistle, Juncus and Acacia occurring along the creek, however a
     major landcare project to rid the property of weeds and rectify some of the erosion
     problems has been completed in conjunction Council and the Department of
     Sustainability and Environment.

     The applicant has also submitted an Environmental Management Plan for both
     parcels of land, which will aim to ensure that the environmental values of the land are
     not compromised.

     Refer to Appendix 3 for plans of the proposal

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

     Sustain Melton’s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities, and to protect and enhance
     sites of environmental, historical and cultural significance ane sensitivity.


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

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing two signs on the land for a period of 14 days. A total
     of two (2) objections were received in relation to the application. The issues raised in
     the objections can be summarised as follows:

             Increase in traffic along Blackhill Road will lead to additional wear and tear of
              the road, which is currently unsealed in the vicinity of the subject site;
             Loss of productive agricultural land;
             Inconsistency of the subdivision with the Melton Planning Scheme.

     Referral of the application

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

         Authority / Department        Response
         Southern Rural Water          No objections and no conditions
         Country Fire Authority        No objections, conditions required.
         Dep‟t of Sustainability and   No objections, but stringent conditions, including
         Environment                   need for a Section 173 Agreement to protect
                                       environmental values of the land.


                                                                                      Page 17
ORDINARY MEETING                                                           28 JUNE 2004

      Authority / Department       Response
      Environmental Services       Difficult to support the subdivision as lot accessed via
                                   Burns Lane is erosion prone and should not be
                                   subjected to regular traffic or grazing. Access to the
                                   building envelope is via a failed dam wall with a failed
                                   overflow. If supported, the proposal should be subject
                                   to a Section 173 Agreement regarding a prohibition
                                   on grazing, and the need for environmental
                                   improvements, such as stock fencing and re-
                                   vegetation.


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Green Wedge Zone and
     is covered in part by the Environmental Significance Overlay (Schedule 1- Remnant
     Woodlands, Open Forests and Grasslands and Schedule 2 – Wetlands, Waterways
     and Riparian Strips) and the Wildfire Management Overlay. Clause 57.02 of the
     Melton Planning Scheme sets in place transitional arrangements for permit
     applications that were lodged with Council prior to the land being rezoned from a
     Rural Zone to a Green Wedge Zone. The transitional arrangements do not apply to
     planning permit applications for subdivision.

     State Planning Policy Framework (SPPF)

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

           Protection of Catchments, Waterways and Groundwater (Clause 15.01);
           Protection from wildfire (Clause 15.07);
           Conservation of Native Flora and Fauna (Clause 15.09);
           Agriculture (Clause 17.05);
           Subdivision (Clause 19.01).

     The Protection of Catchments, Waterways and Groundwater policy located at Clause
     15.01 of the Melton Planning Scheme has its objective in trying to assist the
     protection and, where possible, restoration of catchments, waterways, water bodies,
     groundwater and the marine environment. Amongst the implementation initiatives for
     the policy are the requirement to retain natural drainage corridors with vegetated
     buffer zones of at least 30 metres wide along waterways to maintain the natural
     drainage function, stream habitat and wildlife corridors and landscape values, to
     minimise erosion of stream banks and verges and to reduce polluted surface runoff
     from adjacent land uses.

     The Yangardook Creek traverses the site at its‟ western boundary, and there is
     evidence of erosion adjacent to the Creek. Councils‟ Environmental Services
     Manager has advised that the proposed subdivision is problematic in that due to the
     land fronting Burns Lane being erosion prone land, it should not be subjected to
     regular grazing or traffic. In addition, the proposed building envelope on Lot 1 needs
     to be accessed via an unstable dam wall with a failed overflow.

                                                                                   Page 18
ORDINARY MEETING                                                            28 JUNE 2004

   Based upon the above comments, the proposed subdivision has the potential to
   negatively impact on the Yangardook Creek, and therefore be inconsistent with the
   State planning policy related to the Protection of Catchments, Waterways and
   Groundwater due to potential increases in erosion and surface runoff. In addition, the
   building envelope submitted with the application for proposed Lot 1 is only 50 metres
   from the Yangardook Creek, and it is questionable that this is a sufficient distance
   away from the Creek to ensure that the waterway is not environmentally
   compromised.

   To the applicants‟ credit, there has been environmental management works
   undertaken adjacent to the Creek, such as revegetation works to assist in the
   prevention of erosion and surface runoff. The applicant has argued that the
   subdivision is required to acquire sufficient funds to carry out further environmental
   management works on the land, however, given the proposed subdivision is a
   boundary re-alignment, no additional lots will be created.

   The Protection from Wildfire policy at Clause 15.07 of the Melton Planning Scheme
   has its‟ objective in assisting in the minimisation of risk to life, property, the natural
   environment and community infrastructure from wildfire. The proposed building
   envelope for Lot 1 is located outside of the Wildfire Management Overlay control
   area on the property, with the remainder of the wildfire prone land being within the
   Greybox Woodland area on the northern portion of the site, and the flat grazing land
   on the south-west of the land. The CFA has not objected to the proposal, and
   appropriate conditions can be placed on the permit such that the subdivision can be
   consistent with the Wildfire Policy.

   The Conservation of Native Flora and Fauna policy at Clause 15.09 of the Melton
   Planning Scheme has its‟ objectives in the protection and conservation of
   biodiversity, including native vegetation retention and provision of habitats for native
   plants and animals and control of pest plants and animals. The Department of
   Sustainability and Environment has not objected to the proposal, subject to stringent
   conditions requiring the owner to enter into an agreement under Section 173 of the
   Planning and Environment Act 1987 in relation to the protection of environmental
   values on the land.

   The Agriculture Policy at Clause 17.05 of the Melton Planning Scheme aims to
   protect the State‟s agricultural base from the unplanned loss of high quality
   productive agricultural land, and to protect high quality farmland. There is evidence of
   grazing and cropping in the vicinity of the subject land, and land immediately to the
   north is used for the Tremon Thoroughbred Stud.
   The applicant has advised that the subject land will comprise two lots (as it does
   now) consisting of the Homestead Lot (Lot 2) with its‟ major emphasis on the
   retention of existing agricultural uses, such as cattle grazing, and the Bushland Lot
   (Lot 1) which will comprise uses compatible with surrounding land use.

   It is likely that the Bushland Lot (Lot 1) will be sold and used for rural living / hobby
   farming purposes rather than any agricultural land use. Such a scenario has the
   potential to result in the diminution of agricultural land, and could result in
   incompatible land uses establishing in the locality, which is against the intent of the
   State agricultural policy.



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ORDINARY MEETING                                                          28 JUNE 2004

   The Subdivision Policy at Clause 19.01 of the Melton Planning Scheme controls the
   process by which subdivision applications are referred and considered. The
   proposed subdivision and process leading to the assessment of this application has
   been consistent with the Subdivision policy.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   The following objective is provided at Clause 21.03-2 in relation to Rural Land Use:

   To preserve the integrity of the Shire’s rural land for sustainable and efficient rural
   land use; and to maintain a non-urban buffer between Metropolitan Melbourne and
   the Melton township.

   The MSS then divides the Shire into land use units and provides key directions for
   each unit. The following relevant direction is provided:

   Clause 21.04-5 Mt Kororoit Hills and Plains
        Retain land in broad hectare parcels
        Discourage rural living development from locating in areas that would
         undermine the viability of agricultural activities.
        Encourage intensive agricultural activities to occur, except in areas close to
         urban edges or sensitive land uses or in areas of high visibility (such as
         around tourist routes and nodes).

   The proposal is inconsistent with the thrust of this aspect of the Municipal Strategic
   Statement as the boundary re-alignment has the potential to have an adverse impact
   on existing agricultural activities by introducing an incompatible rural living land use
   in an agricultural area.

   Local Planning Policies

   Clause 22.08 (Rural Land Use Policy) aims to preserve the integrity of the Shire‟s
   rural land for sustainable and efficient rural land uses; and to maintain a permanent
   non-urban buffer between metropolitan Melbourne and the Melton township.
   Objectives of the policy include:

        To maintain the rural areas predominantly in sustainable, agricultural use and
         to provide opportunities for alternative, more intensive rural areas;
        To encourage the consolidation of lots to ensure more effective land
         management practices and infrastructure provision;
        To provide opportunities for rural living in controlled, well planned,
         economically sustainable developments which minimise environmental impact
         in locations accessible to infrastructure and services;
        To promote economic development, tourism and rural enterprises which are
         compatible with, and ancillary to, rural activities;




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ORDINARY MEETING                                                           28 JUNE 2004

         To ensure all land use and development is in accordance with proper land
          management practices which will conserve the natural resources, amenity and
          environmental values of the rural areas, particularly with respect to air quality,
          noise and watercourse capacity;
         To maintain and enhance the landscape of rural areas by encouraging
          development that is in harmony with the rural landscape; and
         To encourage the retention of remnant areas of native vegetation and the
          planting and maintenance of windbreaks and tree lines;

   Aside from the objectives of the Rural Land Use Policy, it is Council policy to:

         Ensure that large tracts of agricultural land are clearly identified and set aside
          for productive agricultural activities;
         Ensure that the location of future rural living uses does not prejudice the
          operation and expansion of efficient agricultural pursuits;
         Discourage rural living development and small lot excisions from occurring in
          areas of productive agricultural land or adjacent to areas identified for future
          stone extraction;
         Ensure that urban infrastructure associated with rural subdivision and
          development is financed by the developer rather than being a cost on the
          general community;
         Ensure that all secondary lots created in the rural areas be connected to a
          reticulated water supply and the municipal sealed road network.

   It is considered that the proposed re-subdivision is inconsistent with the Rural Land
   Use Policy, since it is likely that Lot 1 will be used for Rural Living purposes rather
   than any productive agricultural pursuit.

   This occurrence has the potential to negatively impact upon existing agricultural
   pursuits in the locality, including the Tremon Thoroughbred Stud and other cropping
   and grazing activities in the locality, and it diminishes the amount of agricultural land
   in the locality. In addition, both lots will not be accessed via a sealed road, which the
   policy requires.

   Green Wedge Zone

   The purpose of the Green Wedge Zone includes:

         To recognise, protect and conserve green wedge land for its’ agricultural,
          environmental, historic, landscape, recreational and tourism opportunities, and
          mineral and stone resources;
         To encourage use and development that is consistent with sustainable land
          management practices;
         To encourage sustainable farming activities and provide opportunity for a
          variety of productive agricultural uses;
         To conserve and enhance the cultural significance and character of open rural
          and scenic non-urban landscapes;
         To protect and enhance the biodiversity of the area.




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ORDINARY MEETING                                                              28 JUNE 2004

   The proposal is inconsistent with the objectives of the Green Wedge Zone, as the re-
   subdivision will lead to the diminution of agricultural land, and will create a rural living
   allotment which has the potential to negatively impact on surrounding agricultural
   land uses. The proposed building envelope for Lot 1 is located in very close proximity
   to the Yangardook Creek, and therefore any proposed dwelling/building erected on
   the allotment could have a negative impact on the Creek and environs from an
   environmental and visual perspective.

   Environmental Significance Overlay

   The subject land is affected by an Environmental Significance Overlay (Schedules 1
   and 2). The purposes of the Environment Significance Overlay are:

         To identify areas where the development of land may be affected by
          environmental constraints; and
         To ensure that development is compatible with identified environmental
          values.

   The environmental significance of the land is centred around the Grey Box and
   Acacia Woodland in the north-western portion of the site, as well as the Yangardook
   Creek and riparian strip adjacent to the Creek. Although the proposed building
   envelope for Lot 1 is proposed outside of both overlay areas (only just) any
   development on Lot 1 will have a negative impact on these significant landscapes.

   Wildfire Management Overlay.

   The land is also affected by a Wildfire Management Overlay, generally in the area on
   which the Grey Box Woodland is situated in the north-western portion of the site. The
   purpose of the Wildfire Management Overlay is:

         To identify areas where the intensity of wildfire is significant and likely to pose
          a threat to life and property;
         To ensure that development which is likely to increase the number of people is
          the overlay area satisfies specified fire protection objectives and does not
          significantly increase the threat to life and surrounding property from wildfire;
          and
         To detail the minimum fire protection outcomes that will assist to protect life
          and property from the threat of wildfire.

   As part of the application process, the proposal was referred to the Country Fire
   Authority for comment, as is mandatory under the provisions of the Wildfire
   Management Overlay. The CFA has not objected to the issue of a permit, subject to
   conditions.

   Comment

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



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ORDINARY MEETING                                                              28 JUNE 2004

     Despite the proposal being a boundary re-alignment, therefore not actually resulting
     in an increase in the number of lots, the proposal has been found to be inconsistent
     with the relevant state and local planning policies due to its‟ potential negative impact
     on existing agricultural pursuits in the locality, its‟ lack of sealed road access and the
     negative impact that the proposal will have on the existing environmental
     characteristics of the site.

     Objections

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

           Increase in traffic will lead to additional wear and tear on Blackhill Road.

            It is unlikely that the re-subdivision will result in any significant increase in
            traffic volumes using Blackhill Road, or Burns Lane. There is the potential for
            only one additional dwelling to be erected on Lot 1 of the subdivision, and
            there is already an existing dwelling on Lot 2.

            Notwithstanding the above, both Blackhill Road (from just south of Mount
            Aitken Road north to the municipal border) and Burns Lane are unsealed
            roads, so with the likely advent of an additional dwelling to be accessed via
            Burns Lane, there will be a minor increase in wear and tear on the unsealed
            sections of Blackhill Road and Burns Lane.

           Loss of agricultural land.

            Despite the proposal being a re-subdivision, there will be a diminution of
            agricultural land on what is currently Lot 1 on TP7554E, which is more usable
            for agricultural pursuits due to its‟ topography and site characteristics. The
            proposed new Lot 1 of the subdivision will „eat‟ into the more usable land, and
            will be converted into a rural living „Bushland‟ lot.

           Inconsistency of the proposal with the Melton Planning Scheme.

            The consistency of the proposal against the relevant sections of the Melton
            Planning Scheme has been outlined above, and requires no further
            elaboration.

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

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



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ORDINARY MEETING                                                          28 JUNE 2004

   Despite the proposal being for a boundary re-alignment, which will result in no
   additional allotments being created in the locality, the end result of the subdivision
   would render it inconsistent with the relevant state and local planning policies related
   to agriculture, the environment, rural land use and green wedges.




                                                                                  Page 24
ORDINARY MEETING                                                              28 JUNE 2004


 ITEM NO 4                                               FILE NO: 80/80/80/40
                                                         Geoff Bellamy / gb



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

PURPOSE OF REPORT:

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



RECOMMENDATION:
1.    That Council resolve to exhibit Amendment C43 to the Melton Planning Scheme.

2.    That Council advise VicRoads and the Department of Infrastructure that Council is
      seeking to ensure that the existing bus service for the Rockbank community is
      enhanced rather than diminished as a result of the interchange construction.

3.    That Council advise VicRoads that Council is seeking to ensure that road access
      arrangements to the Western Freeway for Rockbank residents is not unreasonably
      diminished as a result of the interchange. Council is of the view reasonable access
      would be best retained through the extensive use of service roads adjacent to the
      Western Freeway, between Hopkins Road and Ferris Road.

Crs Ramsey/Papas. That the recommendation be adopted.

                                                                                  CARRIED



REPORT
1.   Background
     Executive Summary

     The current Municipal Strategic Statement (MSS) recognises the above site as the
     location of a future interchange, reflecting the findings of VicRoads reports, which
     identify the hazards of the existing intersection and the need for such a requirement.
     Following community consultation on options and the preparation of a plan for the
     option selected, Council has now been approached by VicRoads to prepare an
     amendment, which will secure the land required by applying a Public Acquisition
     Overlay.



                                                                                   Page 25
ORDINARY MEETING                                                           28 JUNE 2004

     The subject land is required to enable the construction of an essential interchange,
     identified the Government‟s 2001 Outer Western Suburbs Transport Strategy, and
     the Western Highway (M8/A8) Corridor Strategy, at the junction of the Western
     Freeway and Leakes Road, Rockbank.              The current arrangement allows slow-
     moving traffic to enter the Freeway directly at-grade from Leakes Road, from both
     north and south, creating a hazard for faster moving vehicles on the Freeway itself.
     VicRoads have adopted a policy whereby all such direct connections from minor
     roads to Freeways should be removed, and alternative arrangements made to allow
     entering and exiting traffic to do so with greater safety.

     Appendix 1 from the Amendment documentation shows the interchange design and
     land requirements. Though most of the land involved is currently zoned Green
     Wedge, Council received Ministerial approval on 27 April 2004 to proceed with this
     Amendment to apply a PAO1, which will ultimately involve changing the zoning to
     Road Zone Category 1 (RDZ1). The north-eastern sector, however, includes a
     portion of former Commonwealth defence land which is not zoned at present and
     requires the Minister‟s approval to apply a Green Wedge zoning over all the former
     defence site as part of Amendment C34.       Applying a PAO1 to this piece of land
     under Amendment C43 will not affect its subsequent zoning under Amendment C34.

     VicRoads will incur all costs associated with the amendment including; preparation of
     the necessary amendment documentation, pay all the prescribed amendment fees
     under the Planning and Environment Act 1987, reimburse Council for all officer time
     involved, and cover all the costs of a Panel Hearing should such a hearing become
     necessary.

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

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

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

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



                                                                                  Page 26
ORDINARY MEETING                                                            28 JUNE 2004


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

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

4.   Consultation/Public Submissions
     A considerable level of public consultation has already taken place in connection with
     this project. In 2002 VicRoads sought the community‟s views on the various options
     that were possible in addressing the need for the Western Freeway / Leakes Road
     interchange. VicRoads consulted both the local community and Council, mainly in
     March 2002, through face-to-face interviews, a public meeting and a call for written
     submissions. A preferred option was arrived at as a result of the responses gained,
     which was put to the community in December 2002 for further comment and
     refinement before its presentation to Council as the basis of the proposed
     amendment. Exhibiting the amendment over the period prescribed under Section
     19(4) of the Act will elicit any further views the community and other stakeholders
     may have.

5.   Issues
     In December 2002 VicRoads stated that there had been 68 casualty crashes over the
     previous five-year period on the Western Freeway between Hopkins Road and Ferris
     Road, including 7 crashes at the intersection with Leakes Road. Of these accidents,
     22 resulted in serious injury and 7 involved fatalities.          Local residents have
     expressed concern about safety issues on this stretch of road, and particularly at this
     intersection, which is uncontrolled save for a local speed limit of 90 k.p.h. VicRoads
     are seeking to remove all at-grade access to the Freeway by undertaking works that
     will offer alternative approaches and improved safety for all road users.

     Owners of commercial properties that will be directly affected by the construction of
     the interchange have been consulted on likely impacts. VicRoads advise that:

          the Mobil Service Station will be most affected by construction and it has been
           accepted by the owners, who will be appropriately compensated, that the
           business has only a short-term life and must be removed;
          Godings Machinery Supplies will lose direct access from the Freeway, though
           alternative access will be provided from Leakes Road and from the
           interchange itself. This is acceptable to the proprietor, who does not wish to
           relocate; and
          the General Store will not be directly affected by changed conditions arising
           from the interchange development, and the store owner feels his business is
           unlikely to suffer since his customers are largely those from the Rockbank
           community.




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ORDINARY MEETING                                                          28 JUNE 2004

     The plan at Appendix 2 provides an indication of the proposed road and access
     arrangements.

6.   Options
     Council can resolve to either:
          Exhibit the Amendment for the prescribed period; or
          Refuse the Amendment.

7.   Conclusion
     Since the proposal to reserve land for the construction of a much-needed
     interchange that accords with, or is supported by a wide range of Government and
     local policies, offers a greater measure of public safety on a busy freeway, and will
     greatly improve road access as a piece of new infrastructure in a Government-
     designated growth area, Amendment C43 should be approved for public exhibition as
     a continuation of the process initiated by VicRoads in 2002.




                                                                                 Page 28
ORDINARY MEETING                                                              28 JUNE 2004


 ITEM NO 5                                                  FILE NO: 30/110/1
                                                            John Miller



                 COUNCIL CONTRIBUTION TO FENCING COSTS
PURPOSE OF REPORT:

The purpose of this report is to make an amendment to Council‟s Policy 4.13 “Council
Contribution To Fencing Costs” and to provide guidelines where contribution is requested
towards fencing costs by adjoining property owners to land which Council has
responsibility.



RECOMMENDATION:
That Council adopt the proposed Amendment to policy 4.13 “Council Contribution To
Fencing Costs” as shown in Appendix 1.

Crs Elliott/Watson.

With the consent of Council the motion was withdrawn.

Motion:

Crs Ramsey/Papas. That Council adopt the proposed Amendment to policy 4.13 “Council
Contribution to Fencing Costs” as shown in Appendix 2.

                                                                                    CARRIED



REPORT
1.   Background
     Current Policy

     The current fencing policy was adopted on the 3rd February 1997 and is based on the
     Fences Act 1958. There are no formal guidelines under this policy but our practice
     has been based on the definition of “occupancy” to determine eligibility. The purpose
     of this review is to set specific procedures and guidelines to provide a clear and
     equitable policy that can be easily administered.

     Detailed Background

     In 1986 Mildura City Council sought a legal opinion regarding whether the Council
     should pay for the half cost fencing for reserves etc. The response was that while the
     land was in Council‟s name, Council holds the legal ownership of the reserve as a
     trustee and that it is the public and not the Council that is entitled to occupy the land.


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ORDINARY MEETING                                                          28 JUNE 2004

   This advice was forwarded for legal consideration during a Court case held in South
   Australia, which concluded as follows:

   “it would be a singular piece of irony if a council, apart from being burdened with the
   maintenance of the reserves for the public benefit were required to contribute to the
   cost of a dividing fence for a contiguous occupier who is already deriving
   considerable benefit from the reserve in any case. I cannot think that the legislator
   intended the provisions of the Act to be used on this basis…”

   They further advised that although they are unaware of any Victorian or High Court
   cases on the issue, it is likely that the issue raised in the case mentioned above
   would be adopted by a Victorian Court.

   The following is an extract from the inquiry into the Fencing Act 1968 reviewed in
   1999.

   Section 4.39
   “Municipal councils own and occupy land in different ways, some of which differ
   significantly from private ownership and occupation. There is little doubt that councils
   are owners of land housing municipal offices, municipal depots or council-run
   facilities or businesses such as indoor sports complexes or kindergartens and are
   acknowledged as occupiers and therefore as subject to the Act”.

   Section 4.41
   “The question, under the existing Fences Act, is whether statutory vesting of land
   makes a council entitled as owner to occupy…land… alienated from the Crown by
   grant lease or licence as provided I the present definition of „occupier‟ in section 3,
   bearing in mind also that the definition is inclusive only. In Noralunga v. Coventry,
   {86} the South Australian Supreme Court held that the Noralunga municipal council
   was not an „occupier‟ within the meaning of section 4 of the Fences Act 1924 (SA)
   because the Act was intended to apply only to persons having actual or potential
   physical use and enjoyment of the land, whereas the council was acting as custodian
   or trustee for the public. The Court held that: [87]

   A local governing body [cannot] be said to be an „occupier‟ of land merely because it
   becomes the registered proprietor in order to give effect to the provisions of a statute
   enacted to control town planning and to promote the proper and beneficial
   subdivision of land”.

   “This reasoning may be applicable to the interpretation of the Victorian Fences Act.
   Such reasoning is consistent with the view expressed by Lord Halsbury L.C. in
   Lambeth Overseers v. London County Council [88] that the fact [a] park is vested in
   the County Council does not make them the occupiers‟. It is probable therefore that a
   municipal council is not presently liable under the Fences Act for costs of fencing
   boundaries of parks and reserves, on the basis that it is not an occupier. Nor are they
   occupiers of roadways, because roads are required under statute for public use of
   traffic and other purposes as of right”.




                                                                                  Page 30
ORDINARY MEETING                                                            28 JUNE 2004

     Section 4.46
     “In considering these different views, the Committee has had regard to the fact that
     property owners adjoining parks are the most immediate beneficiaries of the parkland
     amenity in terms of use or potential use, which generally results in increased property
     values. Accordingly, the committee considers that a requirement that owners of
     properties adjacent to public open space meet the full cost of fencing their boundary
     with such land is reasonable in all the circumstances, particularly when it is
     appropriate to average the cost of a fence over its lifetime. This situation is
     considered preferable to spreading the costs through the local community by making
     municipal councils liable to contribute. The Committee notes that the cost of
     maintaining the parkland in good order and providing leisure facilities is met from the
     municipal purse”.

     The inquiry also made a recommendation that:

     “The proposed Dividing Fences and Boundaries Act should make municipal council‟s
     liable under the Act to the same extent as a private person, where land owned by
     them is used for the purposes of the municipality or a Council-owned or managed
     business, except where the land is used as a public reserve, public park, public road,
     railway or tramway or a drainage reserve, or for such other like public purposes”.

     Council has relied on this definition of “Occupancy” in respect of Council owned land.

2.   Corporate Planning Reference and Policy Reference
     1.5 Community Infrastructure

     Council pledges to maintain all Council property, infrastructure and assets to the
     highest possible applicable standards of serviceability and public safety within the
     constraints of available resources and in accordance with Council‟s capital works
     program.

3.   Financial Considerations
     Council allocates sufficient budget on an annual basis for the provision of Council
     contribution to fencing costs under the terms of this policy. The sum of $25,000 has
     been recommended for the 2003/2004 financial year.

     It is estimated that the cost of extending this policy to include all land that is not
     “occupied”, parks, roadways, tree reserves and drainage reserves, would be in
     excess of $300,000 per annum and would increase the possibility of retrospective
     claims. Additional workload would also be incurred in implementing such a policy.

     As an example in 1991 there was a proposal to contribute to half cost fencing for a
     drainage reserve in the Brookfield Estate. The total council contribution would have
     been $86,295.00 (based on 5,230 metres at $33.00 multiplied by 0.5).




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ORDINARY MEETING                                                              28 JUNE 2004

     There are approximately 110,000 metres of fence within the Shire that Council would
     have to contribute to, if the Council relaxed its occupancy criteria. Based on the
     average price of $55.00 per metre Council‟s contribution would be approximately
     $3,025,000.00. If this was averaged over 10 years (average fence life) the annual
     budget would need to be increased to approximately $302,500.00 per annum.

4.   Consultation/Public Submissions
     Nil

5.   Issues
     In instances where Council is requested to contribute towards the cost of fencing
     under the terms of this policy, the following criteria sets the standards for eligibility:

     Eligibility:

     In instances where Council is requested to contribute towards the cost of fencing
     under the terms of this policy, the following criteria sets the standards for eligibility:
     i.     Council land must be occupied, and be in daily use, by a Council owned or
            managed business; and
     ii.    Council land must have fixed assets such as playground equipment, benches,
            tables, barbeques or other amenities located on it; and
     iii.   Council Assets must be located on the same side (if the reserve is divided by
            a natural barrier i.e. creek) and directly adjacent to the requesting property.

     In terms of walkways, only those walkways directly leading into Council land that
     meets the above “occupancy” criteria can be considered for eligibility.

     All other Drainage Reserves, Road Reserves, Tree Reserves, Walkways and Rights
     of Way that do not meet Council‟s “occupancy” criteria will not be considered for
     eligibility.

     Construction:

     i.     All posts must be either concrete or redgum and rails must be hardwood (not
            treated pine). Metal or Colorbond fencing may be used but council will only
            contribute half cost of standard timber fencing (5‟4”), any additional cost for
            extra height or materials to be borne by the property owner;
     ii.    If demolition and removal of existing fence has been quoted, the fencing
            contractor must then perform all work.

     Hardship:

     In cases where the adjoining property owner is subject to financial hardship and is
     unable to contribute to their portion of the cost for fencing, it is recommended that
     referral be made to Council‟s Financial Hardship Policy.




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ORDINARY MEETING                                                        28 JUNE 2004

     Comparison to other Councils

                                                       Road/Drainage      Expenditure
         Council     Occupied Land Vacant Land
                                                         Reserve              P/A
      Melton                Yes             No              No           $25,000.00
      Wyndham               Yes             Yes             Yes          $100,000.00 +
      Hume                  Yes             No              No           Not Provided
      Brimbank              Yes             No              No           Not Provided
      Casey                 Yes             Yes             Yes          $150,000.00 +



6.   Options
     Council can either adopt the proposed update to the existing fencing policy, or
     provide additional budget and resources to relax the eligibility criteria.

7.   Conclusion
     The proposed amendment will provide a clear and equitable policy that can be easily
     administered.




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ORDINARY MEETING                                                             28 JUNE 2004


 ITEM NO 6                                               FILE NO: 10/45/03/037
                                                         Grant Thorne / jb



            CONTRACT 03/037-ENGINEERING DESIGN SERVICES

PURPOSE OF REPORT:

The purpose of this report is to consider the extension of the above contract to undertake
the Design Services for Council‟s Annual Capital Works Program for a further period of
two years.



RECOMMENDATION:
1.    That Council extend the existing contract with the following consultants, which form
      the panel of Engineering Design Consultants to undertake designs for Council‟s
      Annual Capital Works Program for a further period of two years.

            Civil Design Management
            Connell Wagner Pty Ltd
            INCADD Pty Ltd
            John Randles and Associates Pty Ltd
            Keith Altman and Associates
            URS Australia Pty Ltd
            Vic Roads Design

Crs Stock/Ramsey. That the recommendation be adopted.

                                                                                 CARRIED



REPORT
1.   Background
     Council at its 28 July 2003 Ordinary Meeting of Council, recommended the
     appointment of an Engineering Design Panel to undertake the design of Council‟s
     Annual Capital Works Program. The initial contract was for a period of 1 year with an
     option at Council‟s discretion of a further extension of two years. The panel of
     consultants is required to undertake work in various civil engineering and specialised
     fields including but not limited to the following disciplines:-
            Road design-urban and rural inclusive of pavement design
            Structure design



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ORDINARY MEETING                                                             28 JUNE 2004

           Drainage design-urban and rural, major and minor
           Traffic engineering services
           Geotechnical investigation and design
           Licensed surveyor work.

2.   Corporate Planning Reference and Policy Reference
     Key direction-roads and facilities.

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

3.   Financial Considerations
     Council as part of the 2004/2005 Draft Budget has allocated an amount of $360,000
     to undertake the design of the annual Capital Works Program. Individual quotes are
     sought from the panel for each package of projects in order to achieve the best cost
     for Council. The contract has been set up to allow flexibility for Council to divide the
     work among the consultants in order to ensure the timely delivery of the design works
     to allow the completion of the physical works within the financial year.

4.   Consultation/Public Submissions
     Nil

5.   Issues
     The performance of the panel of consultants during the first year of the contract has
     been very good. Given the number of consultants on the panel, that has allowed
     Council great flexibility to ensure that a large number of projects can be delivery
     within the annual planning process. The mechanisms within the contract which mean
     that quotes are sought for each design package ensures that Council is getting best
     value each time the designs are let.

     Therefore it is felt that given the performance of the design consultants on the panel
     is very good and that value for money is being tested each time a design package is
     let, that an extension of the contract for a further two years as allowed by the original
     contract will allow council to rapidly commence the design of the 2004/2005 annual
     capital works program.

6.   Options
     There are two options available to Council.

     Option One: Re-advertise the Engineering Design Services Contract and appoint a
     panel of consultants to undertake the design work.




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ORDINARY MEETING                                                             28 JUNE 2004

     Option Two: Extend the existing Contract with the Engineering Design Consultants
     for a period of two years, as allowed on the original contract.

     Option two is the preferred option, as the current contract allows Council flexibility in
     the services provided from both a mix of small and large consultancies offering a
     range of services but also ensures that Council is getting value for money each time
     a package of designs is quoted by the design panel. Also the further extension of the
     existing contract will enable designs to be commenced on the 2004/2005 design
     projects as soon as possible.

7.   Conclusion
     Council originally awarded a one-year contract on 28 July 2003, which appointed a
     panel of 7 consultants to the Engineering Design Services contract. This contracted
     included an option at Council‟s discretion of a further extension of two years. Given
     the performance of the contract over the initial one year and the mechanisms within
     the contract which ensure that Council is receiving value for money each time a
     package of designs is let, it is recommended that the existing contract me extended
     for a further two years.




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ORDINARY MEETING                                                               28 JUNE 2004


 ITEM NO 7                                                 FILE NO: 30/230/240
                                                           Grant Thorne / jb



                     COMMUNITY ROAD SAFETY STRATEGY

PURPOSE OF REPORT:

The purpose of this report is for Council to receive and adopt the Melton Shire Council
Community Road Safety Strategy for the period June 2004 to December 2007.



RECOMMENDATION:
That Council adopt the Community Road Safety Strategy as detailed in Appendix 1.

Crs Jankovic/Papas. That the recommendation be adopted.

                                                                                   CARRIED



REPORT
1.   Background
     Council prepared the original Community Road Safety Strategy in 1999/2000 with the
     final plan being released in February 2000. This Strategy was for a period of 3 years
     and has since expired.

     Council has since been revising the existing strategy to update it in line with the State
     Arrive Alive Road Safety Strategy. A new Community Road Safety Strategy for the
     period June 2004 to December 2007 has been produced with the assistance of RW
     Stamp and Associates Pty Ltd.

     The development of the new Community Road Safety Strategy has been undertaken
     by reviewing the statistics on road safety within the Shire of Melton, direct
     consultation with Vic Roads Road Safety Officers and reference to the original plan.

2.   Corporate Planning Reference and Policy Reference
     Council‟s Community Plan 2004/2008 identifies at Section 5.5 that the Community
     Road Safety Strategy be prepared and adopted in year one of the Community Plan.
     The adoption of the plan assists in achieving the overall objective of a „safe
     community‟.




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ORDINARY MEETING                                                           28 JUNE 2004


3.   Financial Considerations
     At this time there are no further financial considerations in adopting the above
     strategy as there are existing dollars allocated towards the implementation of
     physical infrastructure works as part of road safety. This strategy outlines further
     educational and promotional activities to those which are currently undertaken so it
     will involve resource time from both Engineering Services and Council‟s
     Communication Department.

4.   Consultation/Public Submissions
     In preparing the revised Community Road Safety Strategy consultation was
     undertaken with the major stakeholders and the general community. The major
     stakeholders include Victoria Police, Education Community, Bicycle Victoria, Vic
     Roads as well as the strategy being on public exhibition for the month of May for
     general public comment. Submissions were received from Bicycle Victoria and Vic
     Roads in relation to the draft Strategy with those comments being incorporated into
     the final draft.

5.   Issues
     Road safety within any community is a key issue. With there being 200-250 casualty
     accidents per year occurring within the Shire of Melton over the last 5 years.

     The cost of these casualty accidents to the community both financially and
     emotionally is high.      The adoption of this Strategy puts in place an
     educational/promotional program which ties in at the local level with the state run
     road safety campaigns.

     The strategy also links in with those sections of the community, which are vulnerable,
     and puts in place a number of actions to improve road safety within that section of
     the community for example, supporting activities by schools through the
     implementation of the Safe Routes to Schools program.

6.   Options
     There are two options available to Council regarding the Community Road Safety
     Strategy.

     Option One: Council not adopt the Strategy. This option is not a recommended
     option, as it does not take any steps to improving safety within the community and
     addressing the issues around casualty accidents within the Shire.

     Option Two: Council adopt the Strategy as detailed in Appendix 1. The adoption of
     the Strategy continues Council‟s work in improving road safety within the community,
     which has a wider affect of not only reducing the physical accidents but also reducing
     the community cost of these accidents by improved awareness.




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ORDINARY MEETING                                                          28 JUNE 2004


7.   Conclusion
     The adoption of the Community Road Safety Strategy 2004 to 2007 brings Council‟s
     Community Road Safety Strategy in line with the state Arrive Alive Strategy. This
     updated strategy puts in place an action plan with the assistance of a number of lead
     and support agencies, a program to highlight road safety issues within the Shire of
     Melton and put in place actions to reduce the number of casualty accidents within the
     Shire.




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ORDINARY MEETING                                                              28 JUNE 2004


 ITEM NO 8                                                FILE NO: 10/160/50
                                                          Peter Bean / bmck



     AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL

PURPOSE OF REPORT:

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



RECOMMENDATION:
That the Council Seal be affixed to the documentation as detailed in the Schedule for
Authorising of Affixing of the Common Seal of Melton Shire Council dated 28th June 2004
and appended to this report. (Appendix 1)

Crs Stock/Elliott. That the recommendation be adopted.

                                                                                  CARRIED



REPORT
1.   Background
     Section 5 of the Local Government Act 1989 prescribes that a Council consists of its
     Councillors, who are the representatives, elected in accordance with this Act, of
     persons who are residents in the Council‟s municipal district or ratepayers of the
     Council.

     A Council -

     (a)     is a body corporate with perpetual succession; and
     (b)     must have a common seal; and
     (c)     may sue or be sued in its corporate name; and
     (d)     is capable of acquiring, holding, dealing with or disposing of property for the
             purpose of performing its functions and exercising its powers; and
     (e)     is capable of doing and suffering all acts and things which bodies corporate
             may by law do and suffer and which are necessary or expedient for
             performing its functions and exercising its powers.




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ORDINARY MEETING                                                             28 JUNE 2004

     The common seal of a Council must -

     (a)     bear the name of the Council (which name may refer to the inhabitants of the
             municipal district) and any other word, letter, sign or device the Council
             determines should be included; and
     (b)     be kept at the Council office; and
     (c)     be used in accordance with the local laws of the Council.

     All courts, judges and persons acting judicially must take judicial notice of the imprint
     of the seal of a Council on any document and must presume that the document was
     properly sealed until the contrary is proved.

     Council‟s Meeting Procedure Local Law – Division 2 prescribes the use of Council‟s
     Common Seal.

2.   Corporate Planning Reference and Policy Reference
     Not applicable.

3.   Financial Considerations
     Not applicable.

4.   Consultation/Public Submissions
     Not applicable.

5.   Issues
     Not applicable.

6.   Options
     Use of the Council Seal is required where Council as a body corporate is required to
     acquit a document or agreement amongst others for the purpose of performing its
     functions and exercising its powers.

7.   Conclusion
     This report presented to each Ordinary Meeting of Council will ensure efficient and
     timely dealing with legal and corporate documentation.




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ORDINARY MEETING                                                             28 JUNE 2004


 ITEM NO 9                                                FILE NO: 10/55/04/048
                                                          Shan Thurairajah



                   BEST VALUE REVIEW- FINANCE & RATES

PURPOSE OF REPORT:

To advise Council that the Best Value Review for the Finance and Rates unit is now
completed in accordance with Council‟s adopted Best Value Review timetable.



RECOMMENDATION:
That Council adopt the recommendations as outlined in the Executive Summary as listed
below.
1.    Since Finance and Rates functions are core function of the council, this service to
      be provided through in-house team.

2.    Quality and Cost standards as detailed in the report be adopted.

3.    The current staff structure (as detailed in the Appendix) to be maintained.

4.    The graduate co-op traineeship program included in the staff structure to be
      continued. This program provides opportunity to trainees to work and gain exposure
      to local government.

5.    The new service profile of the Finance and Rates unit to be noted.

6.    That the following service components continue to be outsourced:
      a)    Banking services
      b)    Valuation services
      c)    Debt collection services

7.    That on expiry of the current contract, Fleet Management Service be brought in-
      house.

8.    Further review of this service to be carried out in accordance with Council‟s future
      best value timetable.

9.    Thank the staff of Finance and Rates and other staff members who have responded
      to the survey and for their input in this review.




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ORDINARY MEETING                                                           28 JUNE 2004

10.       That the trainers of the financial systems are adequately developed in training
          techniques.

Crs Stock/Papas. That the recommendation be adopted.

                                                                                 CARRIED



REPORT:
1.    Background
      The In-House Finance team was successful in 1997 when this service was tested
      under the Compulsory Competitive Tendering (CCT) Regulations. The term of the
      contract was for initial three years and further extension for two more years on
      satisfactory performance. The CCT regulations were replaced by Best Value
      legislation in 1999.

      The principles of Best Value include:
              All services must meed the service standards
             All services must be responsive to the needs of the community.
             Each service must be accessible to those members of the community for
              whom it is intended
             Must achieve continuous improvement in the provision of services to the
              community
             Must develop a program of regular consultation with the community in relation
              to services.
             The council must report regularly to the community on achievements related to
              these principles.

      The Best Value Review of Finance & Rates was conducted with the above principles
      in mind. The review is now completed and included in Appendix 1.

      In order to meet the Best value timetable for presentation to council, the review
      process started on 10 December 2003 involving all staff in Finance & Rates attending
      an introductory meeting to the process with Mr. Kelvin Tori, General Manager
      Corporate Services. The review team was formed comprising the following officers:
                    Catherine Nichols
                    David Dawson
                    Karen Hamilton (since left)
                    Leanne Yearsley
                    Justin Menzel
                    Susan Ciantar
                    Shan Thurairajah


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ORDINARY MEETING                                                           28 JUNE 2004


     The team met on a regular basis throughout the process and interaction between the
     review team and all staff ensured the review was completed in an inclusive,
     communicative manner.

2.   Community Planning Reference and Policy Reference
     Council is committed to continuous Improvement in its service delivery both internally
     and externally.

3.   Financial Considerations
     This best value process has been conducted without any assistance from external
     service providers. It was undertaken entirely by Staff from Finance and Rates unit
     within the approved Finance budget for 2003/2004.

     Any improvement in the practices recommended will be considered in future budgets.
     The draft budget for 2004/2005 includes an amount to investigate and invest in
     resources that will enhance the reporting capabilities of the section to meet the need
     identified in the review.

4.   Consultation/Public Submissions
     All current staff in the Finance and Rates Unit were consulted in the process through
     a series of team meetings.
     Two Customer Satisfaction surveys, one among Internal Staff and the other External
     Customers, were conducted. The details of the surveys and a summary of responses
     are included in Appendix 1.

5.   Issues
     The responses to the survey have raised a number of issues. Introducing and/ or
     changing existing work practices can address some of the issues. Other issues will
     be addressed in the future and are included in the future service profile detailed in
     the review document.

6.   Options
     Council has the option to outsource the Finance and Rates section in full or part but
     the recommended approach from the review is to retain the service in-house.

7.   Conclusion
     The Finance and Rates function is a core function of Council and it is recommended
     that this service be provided using internal resources in preference to an external
     provider.




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ORDINARY MEETING                                                               28 JUNE 2004


 ITEM NO 10                                                FILE NO: 2730; 2245
                                                           Grant Thorne / jb



        BEATTYS ROAD AND TARLETONS ROAD – JOINT LETTERS

PURPOSE OF REPORT:

The purpose of this report is to respond to the joint letters presented at the 24 May 2004
Ordinary Meeting of Council concerning a request to have Beatty‟s Road between Melton
Highway and Plumpton Road and Tarletons Road Rockbank sealed.



RECOMMENDATION:
1.    27 joint letters with some containing multiple signatories from residents principally in
      Beattys Road and Tarletons Road concerning the request to seal these roads be
      received and noted.

2.    That Council note that the joint letters have been considered by the Section 223
      Committee as a submission to Council‟s budget as addressed in Item No. 11 of this
      notice paper.

3.    That Council write to the residents who submitted the joint letters advising of
      Council‟s decision.

Crs Watson/Stock. That the recommendation be adopted.

                                                                                   CARRIED



REPORT
1.   Background
     At the 24 May 2004 Ordinary Meeting of Council, 27 joint letters with some containing
     multiple signatories, was tabled (Appendix 1). The signatories to the joint letters are
     concerned about the condition of both Beattys Road and Tarletons Road. The joint
     letters state that the condition of the roads has deteriorated over time making them
     extremely dusty in dry weather, which they claim, leads to various health problems
     for the residents and the choking of plantations on their properties. The joint letters
     also state that the roads are unsafe to drive on due to corrugations and potholes,
     which is also causing damage to their vehicles. The joint letters also state that in wet
     conditions these roads become muddy which causes additional problems. To
     address the above problems, the signatories are requesting the sealing of Beattys
     Road and Tarletons Road.




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ORDINARY MEETING                                                            28 JUNE 2004


2.   Corporate Planning Reference and Policy Reference
     Key Direction – Roads and Facilities

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

3.   Financial Considerations
     Council‟s current ten-year capital works program does not include any upgrade for
     these roads to a sealed road condition.

     The estimated cost to upgrade these roads to a rural sealed road standard for
     Beattys Road with the section from Melton Highway to Plumpton Road being 3.78
     kilometres is $1.134 million dollars and the upgrading of the unsealed sections of
     Tarletons Road which total 2.12 kilometres to a rural sealed road condition is
     $636,000.

4.   Consultation/Public Submissions
     27 joint letters with some containing multiple signatories was tabled at the May
     Ordinary Meeting of Council.

5.   Issues
     Beatty‟s Road is currently maintained on an 8 week grading cycle with the road being
     last re-sheeted on 26 September 2003. With the improved maintenance techniques
     being undertaken by the new road services contractor the rate of the deterioration
     between grades is good, and a change in frequency of grading is not warranted.

     In regards to Tarletons Road this road is currently graded on an 8 week grading cycle
     and was last re-sheeted on 29 September 2003. With the improved road services
     contract it has been highlighted that there is very low levels of deterioration between
     maintenance grades and that additional grading of the material may impact on its
     overall condition i.e. creating further loose material and dust, and that a reduced
     grading cycle may be warranted on this road. However at this time the grading cycle
     is not being changed and this will continue to be monitored by Council‟s Civil
     Contracts Department.

     Council currently has 174 kilometres of unsealed roads, with a number of roads
     being highly trafficked and deteriorating at greater rates than Beattys Road and
     Tarletons Road. Due to budget considerations all upgrade works on unsealed roads
     need to be prioritised to ensure that the money is being spent in the most appropriate
     areas.

     Due to the timing of this submission it will be considered as part of the considerations
     on the 2004/2005 budget.




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ORDINARY MEETING                                                           28 JUNE 2004


6.   Options
     The issues raised as part of the joint letters tabled at the May Ordinary Meeting of
     Council, can be addressed via a number of options. The number of options available
     to Council are:-

     Option One: Council maintain current status. This option maintains the current
     maintenance regime, which is considered adequate given the current traffic
     conditions.

     Option Two: Council consider the sealing of these roads as part of a public
     submission on the 2004/2005 Council Budget.

     Option Three: Council allocate an amount of $1.77 million dollars for the construction
     to a rural sealed road standard of Beattys Road between Melton Highway and
     Plumpton Road and Tarletons Road.

     Option two is the recommended option, as it provides the opportunity to consider the
     works on these roads in line with the other priorities allocated as part of the
     2004/2005 Council Budget.

7.   Conclusion
     Council received 27 joint letters signed by multiple signatories at the 24 May 2004
     Ordinary Council Meeting. The joint letters stated that the residents were concerned
     regarding the conditions of these roads and requested that the roads be sealed. It is
     recommended that Option two above provides Council with the opportunity to
     consider the construction and sealing of these roads in line with the other priorities
     included in the 2004/2005 Council Budget.




                                                                                  Page 47
ORDINARY MEETING                                                                  28 JUNE 2004


 ITEM NO 11                                               FILE NO: 40/80/10/24
                                                          Shan Thurairajah / st




 ADOPTION OF BUDGET FOR 2004/2005 AND DECLARATION OF RATES
                       AND CHARGES

PURPOSE OF REPORT:

Having completed the public submission process of the draft budget for 2004/2005,
Council now have to proceed with consideration of the adoption of the budget and to
declare the rates and charges for 2004/2005.



RECOMMENDATION:
1.    That Council having considered the report of the Section 223 Submissions
      Committee‟s consideration, of the submissions received to the proposed municipal
      budget for 2004/2005, resolve to proceed with the statutory process to adopt the
      municipal budget for 2004/2005.

2.    That Council advise all those who have made submissions of the outcome of
      Council‟s consideration as detailed in Appendix 1.

3.    That the budget displayed for the public and marked “A” be adopted by the Council
      as the Melton Shire Council‟s 2004/2005 Budget.

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

5.    That an amount of $ 34,072,000 (or such other amount as is lawfully raised as a
      consequence of this resolution) be declared as the amount which Council intends to
      raise by general rates, the municipal charge and the annual service charge, which
      amount is calculated as follows:
                                                       $’000
            General Rates                             $28,490
            Municipal Charge                          $ 2,437
            Annual Service Charge                     $ 3,145

6.    That a general rate be declared in respect of the 2004/2005 financial year and that
      the general rate be raised by the application of differential rates (described in
      Appendix 2.)

7.    That each differential rate will be determined by multiplying the Capital Improved
      Value of each rateable land by the relevant percentages indicated in Appendix 2.




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ORDINARY MEETING                                                           28 JUNE 2004

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

9.     That a municipal charge of $85.00 for each rateable land (or part) be declared in
       respect of the 2004/2005 financial year for the purpose of covering some of the
       administrative costs of the Council.

10.    That an annual service charge (or pro-rata part) of the amounts as detailed in
       Appendix 3, for each residential land be declared for the collection and disposal of
       refuse in respect of the period 01/07/2004 to 30/06/2005.

11.    That Council grants rebates to each owner of rateable land identified by the
       Assessment Number specified in Appendix 4 to this report, the respective rebate
       set out opposite to the Assessment number in that Appendix, and the rebate be
       granted to promote the aims described in the Melton Shire Council‟s “Environmental
       Enhancement Policy 2004”, adopted by Council on 2 February 2004, and per the
       terms for granting the rebate as described in Appendix 5.

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

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

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

15.    That any rates and charges which have not been paid by the date specified for their
       payment, pay interest in accordance with section 172(1) of the Local Government
       Act 1989, at 12.00% per annum which is the declared rate under section 2 of the
       Penalty Interest Rates Act 1989.

Crs Elliott/Watson. That the recommendation be adopted.

                                                                                CARRIED

Cr Papas called for a division.
       For:                                                  Against:
       Crs Elliott, Stock, Watson, Jankovic, Gough           Crs Ramsey, Papas
                                                                             CARRIED 5/2



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



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ORDINARY MEETING                                                          28 JUNE 2004

     At the Ordinary Meeting of the Council on 24 May 2004, the draft budget was
     presented to Council. The draft budget has been on public display at the Civic
     Centre, Melton Public Library and on the Council‟s website from 31 May 2004 to 22
     June 2004. Public submissions have been invited through The Age, Local papers
     and Council‟s website.

     This year the draft budget was presented to the community at public meetings on 31
     May 2004 and 2 June 2004, which were very poorly attended.

     Council is required to consider any submission received, pursuant to section 223 of
     the Local Government Act 1989, and the process has occurred through the Section
     223 Submissions Committee, which met on 23 June 2004. A report of this meeting
     and recommendations are attached in Appendix 1.

     The last step of the process is for Council to adopt the budget and declare the rates
     and charges for 2004/2005

2.   Corporate Planning Reference and Policy Reference
     The Council‟s corporate plan is committed to open and transparent operation of
     Council affairs.

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

4.   Consultation/Public Submissions
     As mentioned in the background of this report, Council had advertised the proposed
     budget extensively and sought submissions.

5.   Issues
     Not applicable

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

7.   Conclusion
     That Council proceed with adoption of the 2004/2005 Budget in the terms detailed in
     the recommendation.




                                                                                 Page 50
ORDINARY MEETING                                                         28 JUNE 2004


 ITEM NO 12                                             FILE NO: 40/80/10/24
                                                        K Tori / KT



      STRATEGIC LONG TERM FINANCIAL PLAN 2004/05 - 2008/09

PURPOSE OF REPORT:

To consider adoption of Council‟s Strategic Long Term (5 Year) Financial Plan 2004/05 –
2008/09



RECOMMENDATION:
That Council:

1.    Adopt the Strategic Long Term (5 Year) Financial Plan 2004/05 – 2008/09, as
      contained in Appendix 1, and

2.    Incorporate the Forecast Financial Statements from the Strategy into Council‟s
      Community Plan 2004-2008.

Crs Ramsey/Papas. That the recommendation be adopted.

                                                                               CARRIED



REPORT
1.   Background
     At the May meeting of Council the Draft Long Term (5 Year) Financial Strategy was
     presented, and approval given to invite submissions from the public. The Strategy
     was subsequently advertised, and at the close of the submission period no
     submissions had been received.

     As advised to Council at the briefing on the Strategy given by Finance staff on 21
     June 2004, as a result of more up to date information becoming available in relation
     to capital works proposed for Town Centre, Caroline Springs, the Capital Works
     program at page 14 of the Strategy document (Appendix 1) has been modified.
     Consequently the recommended table of borrowings at page 28 has also been
     varied.

     The forecast Financial Statements, commencing at page 35 of the Strategy, have
     also been updated to incorporate the above amendments.




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ORDINARY MEETING                                                            28 JUNE 2004


2.   Community Planning Reference and Policy Reference
     Council is committed to providing sound financial management of the municipality,
     and the Strategic Long Term (5 Year) Financial Plan is an essential component in
     delivering on the commitment.

3.   Financial Considerations
     Councillors will note that in the Forecast Statement of Financial Performance (Page
     35 of Strategy) the “cash available” is positive throughout the five year term of the
     Strategy.

     It should also be noted that a significant cash build up is predicted at the end of
     2008/09. While the level of certainty diminishes with the extent of the time over which
     the forecast is made, this cash build up is necessary given the projected major
     capital works to commence in 2009/10.

4.   Consultation/Public Submissions
     As stated previously the Draft Strategy has been advertised and exhibited over the
     past month, inviting submissions in accordance with Section 223 of the Local
     Government Act 1989.

     No submissions have been received.

5.   Issues
     Major items that underpin the Strategic Long Term Financial Plan include the Rating
     Strategy, Debt Strategy, projected growth levels and Capital Works program. A
     variation in any one or more of these components will lead to commensurate
     changes being required in the overall strategic document.

     The Strategy is a major piece of strategic planning for Council, and demonstrates
     that Council is financially sustainable in the medium term.

6.   Options
     Council may vary any of the components that come together to form the Strategic
     Long Term (5 Year) Financial Plan, however as noted above any change will require
     a commensurate adjustment to maintain the fiscal balance within the Strategy.

7.   Conclusion
     It is essential that Council have in place a Strategic Long Term Financial Plan that
     clearly demonstrates the strategies necessary to ensure the sustainability of the
     Council in the medium term. The document as presented in this report achieves this
     objective, and is recommended to Council for adoption.




                                                                                   Page 52
ORDINARY MEETING                                                             28 JUNE 2004


 ITEM NO 13                                              FILE NO: 85/30
                                                         Steve Finlay / SF



             APPLICATION FOR PLANNING PERMIT PA2004/062
PURPOSE OF REPORT:

To consider an application for a Freeway Service Centre with associated car parking,
landscaping and access to a road in a Road Zone (Category 1) at 1612-1746 Calder
Highway, Diggers Rest.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Decision to Grant a Permit for
use and development of the land for the purpose of a Freeway Service Centre with
associated car parking and landscaping, and access to a road in a Road Zone (Category
1) at Lot 2 on LP36296, numbers 1612-1746 Calder Highway, Diggers Rest subject to the
following conditions:

1.    Before the use and development commences, three (3) copies of plans must be
      submitted to an approved by the Responsible Authority. The plans must be drawn
      to scale with dimensions, and when approved the plans will be endorsed to form
      part of the permit. The plans must be substantially in accordance with the plan
      submitted with the application, but modified to show to the satisfaction of the
      Responsible Authority:

      a)     Building materials, colours and finishes and hard pavement materials,
             colours and finishes;

      b)     Loading and unloading facilities;

      c)     A detailed site layout of the Freeway Service Centre to designate the areas
             on the site that the mix of essential services and facilities will be located.
             This includes a detailed internal layout of the building;

      d)     Adequate signage directing traffic through the site and onto the adjoining
             Freeway.

      e)     A landscaping plan addressing the requirements of the Department of
             Sustainability and Environment and the Melbourne Airport.

2.    Unless specifically required otherwise by any other condition of this permit and
      except with the prior written consent of the Responsible Authority to any variation,
      the development must be constructed in accordance with the endorsed plans.

3.    Once the use and development has started, it must be continued and completed to
      the satisfaction of the Responsible Authority.


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ORDINARY MEETING                                                            28 JUNE 2004

4.   Neither the use nor the development as shown on the endorsed plans (including the
     services and facilities depicted and the areas of the land or buildings which they
     occupy) may be altered without the prior written consent of the Responsible
     Authority.

5.   All wastewater from the land must be collected, treated and disposed of to the
     satisfaction of the Responsible Authority.

6.   Prior to the commencement of the development, a Stormwater Management Plan
     must be submitted to and approved by the Responsible Authority. Once approved,
     the Stormwater Management Plan will be endorsed and will form part of this permit.
     The Stormwater Management Plan shall detail works designed to maintain and
     collect and treat runoff from the site prior to discharge in order to minimise impact to
     the off-site environment and must include:

     a)     a drainage system to collect and treat runoff from areas where petroleum
            products are stored, dispensed or otherwise handled. These areas shall
            include the bowser dispensing forecourt areas, refilling points and product
            storage areas;

     b)     treatment of drainage from petroleum product with devices suitable for
            removing visible product, scum, grease and fats and other floatable materials
            and litter;

     c)     the isolation of the petroleum hydrocarbon drainage system referred to
            above from all other drainage and be capable of containing spills or other
            releases of contaminant liquids until works can be undertaken to remove the
            released liquids;

     d)     drainage from remaining areas of the site that incorporate devices to remove
            coarse materials (litter), sediment, grease and fats and other floatable
            materials, and road grime prior to discharge;

     e)     investigate and introduce where practicable, systems to maximise on-site
            retention and re-use of stormwater to the satisfaction of the Responsible
            Authority.

     f)     The provision that all buildings must be above the 1:100 year flood level;

     g)     Disposal of stormwater from all roofs and paved areas is restricted so that no
            undue effect is created in the downstream portion of any waterway;

     h)     The area set aside for the parking of vehicles together with aisles, road and
            drives shall be properly formed and shall be drained and constructed to an
            all-weather standard; and

     i)     Drainage from vehicle parking areas is hydraulically separated from
            waterways, so that there is no direct transport of contaminants into
            waterways.

7.   Prior to the commencement of the use, the permit holder must obtain a works
     approval from the Environment Protection Authority if required.


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ORDINARY MEETING                                                           28 JUNE 2004

8.    Prior to the use of the land commencing, all landscaping works as shown on the
      approved plans must be completed to the satisfaction of the Responsible Authority.
      All landscaping must then be maintained to the satisfaction of the Responsible
      Authority.

9.    The permit holder must use its‟ best endeavours to prevent the discharge of dust
      and sediment during the construction and post construction activities on the land. In
      addition, construction activities must be in accordance with the following:

      a)    Environmental Guidelines for Major Construction Sites (EPA publication
            No.480, December 1995); and

      b)    Construction Techniques for Sediment Pollution Control (EPA publication
            No.275, May 1991); or

      c)    Any successive documents.

10.   Underground Petroleum storage tanks must be designed, installed, managed and
      maintained in accordance with EPA Guidelines for Environmental Management
      No.888 “Guidelines on the Design, Installation and Management Requirements for
      Underground Petroleum Storage Systems.”

11.   Before the commencement of the use, the areas set aside for parking of vehicles,
      driveway areas and access lanes as shown on the endorsed plans must be:

      a)    constructed of a sealed pavement of bitumen, concrete or other approved
            pavement material;

      b)    properly formed to such levels that they can be used in accordance with the
            endorsed plans;

      c)    surfaced with an all-weather seal coat;

      d)    drained;

      e)    line marked to indicate each space and all access lanes; and

      f)    clearly marked to show the direction of traffic along access lanes, driveways
            and points of entry/egress.

12.   Car spaces, access lanes and driveway areas must be kept available for these
      purposes at all times and must be maintained to the satisfaction of the Responsible
      Authority.

13.   All disused or redundant vehicle crossings must be removed and the area/s
      reinstated to the satisfaction of the Responsible Authority.

14.   Access to and egress from the land shall only be at the points nominated on the
      endorsed plans. Access to the site, including all vehicular crossovers, must be
      provided, constructed and maintained to the satisfaction of the Responsible
      Authority.




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ORDINARY MEETING                                                            28 JUNE 2004

15.   Concrete kerbing of a minimum height of 150mm or some other approved barrier
      must be provided between landscaped areas and areas provided for parking or
      passage of vehicles to the satisfaction of the Responsible Authority.

16.   All access roads and footpaths within the development shall form part of the
      development and shall remain as private roads not taken over by the Shire of
      Melton for care and maintenance.

17.   Lighting provided with the development must be provided with suitable baffles to
      ensure that glare does not adversely affect the amenity of the surrounding area to
      the satisfaction of the Responsible Authority.

18.   Provision must be made on the land for the storage and collection of garbage and
      other solid waste. This area must be graded and drained and screened from public
      view to the satisfaction of the Responsible Authority. Waste collected must be
      removed from the land at regular intervals.

19.   Litter bins for use by the public must be provided on the land and must be sited,
      regularly emptied and maintained to the satisfaction of the Responsible Authority.

20.   The amenity of the area must not be detrimentally affected by the use or
      development through the transport of materials, goods or commodities to or from
      the land, the appearance of any building, works or materials, the emission of noise,
      artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste
      water, waste products, grit or oil, the presence of vermin or in any other way.

21.   The loading and unloading of goods from vehicles must only be carried out on the
      land within designated loading bays and must not disrupt the circulation and parking
      of vehicles on the land.

22.   The following conditions of VicRoads must be met:

      a)     Prior to the commencement of the use and/or development, the developer
             must enter into an Access Agreement with VicRoads, as the proposed
             development requires direct access to the pavement of the Calder Freeway.

      b)     Development construction and road works must not commence until the
             Access Agreement is signed by all parties.

      c)     All access works from Calder Freeway are to be designed and constructed to
             the satisfaction of VicRoads prior to the operation of any part of the
             development and at no cost to VicRoads or the Responsible Authority.

      d).    Road works must not commence until construction drawings are approved
             by VicRoads.

      e).    All advertising and direction signage visible to traffic from the Calder
             Freeway must be to the satisfaction of VicRoads.

      f).    Construction access to the development must not be provided from the
             Calder Freeway unless access arrangements from the Calder Freeway have
             been designed and constructed to the satisfaction of VicRoads.


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ORDINARY MEETING                                                               28 JUNE 2004

      g)       Any future development proposals on the site must be referred to VicRoads.

      h).      All mitigating works are to be completed at no cost to VicRoads and to the
               satisfaction of the Responsible Authority.

      i)       Worksite traffic management practices for all work undertaken within the
               Calder Freeway road reserve adjacent to the subject property shall be in
               accordance with VicRoads „Worksite Traffic Management (Roadworks
               Signing) Code of Practice’ which includes “Australian Standard AS1742.3-
               2002 Manual of Uniform Traffic Control Devices – Part 3: Traffic Control
               devices for Works on Roads.”

      j)       A Traffic Management Plan is required to be submitted to and approved by
               the Highway Authority prior to any works on site.

23.         The following conditions of Melbourne Airport must be met:

      a)       Development in the environs of the Melbourne Airport is subject to the
               Airports (Protection of Airspace) Regulations and conditions 32a) –32 e)
               inclusive must be dealt with in accordance with these regulations:

               i)     Any structure or building activity (eg: construction cranes) on the
                      subject land, either permanent or temporary, must not penetrate
                      prescribed airspace surfaces without approval of the regulating
                      authority. The maximum permitted height is RL207 metres AHD.

               ii)    Safe airport operations require the minimisation of the risk of glare
                      experienced by pilots. Accordingly, all roofed areas of the proposed
                      building must be coloured in non-reflective muted tones or
                      constructed of suitable materials that absorb light rather than creating
                      unnecessary glare.

               iii)   Any activity on the subject land must not result in air turbulence where
                      the turbulence is capable of affecting the normal flight of an aircraft in
                      the prescribed airspace.

               iv)    Any activity on the subject land must not result in the emissions of
                      smoke, dust or other particulate matter or, the emission of steam or
                      other gas, where these emissions are capable of affecting the ability
                      of aircraft to operate in the prescribed airspace in accordance with
                      Visual Flight Rules.

               v)     Any proposed site lighting, including street lighting, car parking
                      lighting and advertising or business sign lighting must be installed
                      such that it does not project light spillage above the horizontal plane
                      or beyond the subject site to protect the integrity of the Melbourne
                      Airport airfield lighting system.

      b)       Buildings must be designed and constructed so as to comply with any noise
               attenuation measures required by Section 3 of AS2021.




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ORDINARY MEETING                                                          28 JUNE 2004

      c)    For the purpose of minimising bird attractions to the site, any proposed
            landscaping scheme shall exclude any potential bird attracting species which
            impact on safe aircraft operation to the satisfaction of the Responsible
            Authority. Accordingly, plant selection should be guided by the „Melbourne
            Airport Urban Landscape Plantings Guide‟.

      d)    Any activity on the subject land must not emit anything that may interfere
            with current or proposed electronic air navigation or communications
            systems.

24.   The following conditions of Department of Sustainability and Environment must be
      met:

      a)    Only indigenous species should be planted between the development and
            the railway line. Refer to list (Table 2) provided in the Biosis Report (May
            2004) for the site and submitted with the permit application for suitable
            species.

      b)    No exotic or non-indigenous species should be planted anywhere on the
            subject site that could become invasive. (It is preferred that only indigenous
            species are used in the landscaping).

      c)    The existing dam should not be excavated and only indigenous species
            planted around the margin.

      d)    Initially weeds should be controlled around the wetland to allow the remnant
            species to persist and potentially expand. Additional planting may not be
            required. Juncus gregiflora should not be planted as this does not occur on
            the Volcanic Plain.

      e)    To enhance the fauna habitat values of the margins of the dam, excess
            basalt boulders from elsewhere on the site should be placed (not buried)
            around its‟ margins to provide potential habitat.

      f)    No existing trees or shrubs shall be removed without the express permission
            of the Responsible Authority.

      g)    The dam area and ephemeral drainage line should have ongoing weed
            management to ensure the persistence of the indigenous species. (This
            should be undertaken by a suitably qualified person as part of maintenance
            for the service centre landscaping).

      h)   No environmental weeds as identified by the Department of Primary
           Industries shall be allowed to invade the site, and the site shall be managed
           and maintained to exclude weeds, to the satisfaction of the Responsible
           Authority.

      i)    The water course areas and the dam (as marked on the Landscape Concept
            Plan) should be temporarily fenced during construction to ensure their
            protection. No materials should be dumped within these areas.




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ORDINARY MEETING                                                               28 JUNE 2004

      j)      To prevent damage to remaining native vegetation, no machinery or
              associated equipment, must be permitted on the native vegetation, or any
              adjoining Crown Land outside the prescribed works as identified on the
              endorsed plans.

      k)      If reticulated sewerage is not available, all sewage and sullage wastes shall
              be treated in approved septic tank systems in such a manner as to ensure
              no effluent is discharged beyond the property boundary, and such septic
              systems shall be to the satisfaction of the Responsible Authority.

25.   The following condition of Southern Rural Water must be met:

      a)      If any works will impact on a waterway or groundwater or will include the use
              of water from these resources, it will be necessary for the applicant to apply
              to Southern Rural Water for a license in accordance with Section 51 or 67 of
              the Water Act 1989.

26.   The following conditions of VicTrack Access must be met:

      a)      No drainage or effluent shall enter the VicTrack property without prior
              approval.

      b)      No excavation, filling or construction shall take place on the common
              boundary with VicTrack without its‟ prior approval and then on conditions set
              by it.

      c)      Entry onto VicTrack land shall be at the discretion of VicTrack and shall be
              subject to any conditions imposed by it.

27.   The proposed works and any development must comply with the relevant
      requirements of the Dangerous Goods Act and its‟ subordinate legislation,
      particularly the Dangerous Goods (Storage and Handling) Regulations 1989.

28.   Prior to the commissioning of any liquefied petroleum gas (LP Gas) tank, the
      applicant shall submit full information detailing compliance with AS/NZS 1596:1997
      Storage and Handling of LP Gas to the Victorian WorkCover Authority.

29.   This permit will expire if one of the following circumstances applies:

          The development is not commenced within two years of the date of this permit;

          The development is not completed within four years of the date of this permit.

      The responsible authority may extend the periods referred to if a request is made in
      writing before the permit expires or within three months afterwards.

Crs Watson/Jankovic. That the recommendation be adopted.

                                                                                   CARRIED




                                                                                    Page 59
ORDINARY MEETING                                                             28 JUNE 2004


REPORT
1.   Background
     Executive Summary

     The application is to use and develop the land at 1612-1746 Calder Highway,
     Diggers Rest for the purpose of a Freeway Service Centre with associated car
     parking and landscaping, and to create access to a road in a Road Zone (Category
     1). Public notice of the application has been given, and as a result of the public notice
     process, there has been three (3) objections received. The objections relate to
     inconsistencies with relevant planning policies, a poorly planned proposal, loss of
     rural land, inappropriate location, detrimental to functions of the Calder Freeway,
     increase in noise and provision of services and infrastructure through adjoining
     allotments.

     It is understood that the City of Brimbank also has an application to use and develop
     land just south of Holden Road and adjacent to the Calder Park Thunderdome for the
     purpose of a Freeway Service Centre. The application has not yet been determined
     by the Brimbank City Council.

     Having considered the proposal, the objections received and the provisions of the
     Melton Planning Scheme, support for the proposal is warranted, and a Notice of
     Decision to Grant a Permit should be issued, with appropriate conditions.

      Application:             PA2004/062
      Applicant:               Techo Nominees Pty. Ltd
                               C/- Network Planning Consultants
      Property/Location:       Lot 2 on LP 36296, numbers 1612-1746 Calder Highway,
                               Diggers Rest.
      Zoning:                  Green Wedge Zone
      Overlay/s:               Airport Environs Overlay (Schedule 2)

     The Land

     The subject land is described as Lot 2 on LP36296, being numbers 1612-1746
     Calder Highway, Diggers Rest. The site is triangular in shape and is on the western
     side of the Calder Highway, on a straight section which runs parallel to the
     Melbourne-Bendigo Railway between Holden Road and the Bulla-Diggers Rest
     interchange.

     The site is approximately 19.9 hectares in area, and has a frontage to the Calder
     Freeway of approximately 1100 metres, and a depth ranging from between 90-290
     metres. The applicant has advised that the land has been used for grazing and
     cropping for many years, under share-farming arrangements with a nearby farmer,
     and the site is currently vacant. The site is gently undulating and has a dam situated
     on it adjacent to the site of the Freeway Service Centre building.




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ORDINARY MEETING                                                           28 JUNE 2004

   The Freeway Service Centre site is located on a local depression approximately 350
   metres from the south-eastern corner of the site, which has a small clump of trees in
   front of it, and a dam at the rear. A drainage line is to be incorporated into the
   development and flows in an easterly direction, and discharges via a culvert under
   the road into a wide swale drain in the central median.

   The surrounding area is generally devoid of significant vegetation and features
   undulating grasslands. Surrounding land uses comprise of rural and rural living
   pursuits. The Calder Park Thunderdome is approximately 1.8 kilometres south of the
   site, and a recently developed BP Freeway Service Centre is located approximately
   1.2 kilometres from the site on the opposite side of the Freeway.

   Refer to Appendix 1 for a locality plan

   The Application

   The application involves the use and development of the land for the purpose of a
   Freeway Service Centre with associated car parking and landscaping. Access and
   egress from the site will be via the Calder Freeway.

   The Freeway Service Centre is to be developed in accordance with industry
   standards, and has regards for the Freeway Service Centre Guidelines (May 1997),
   which were developed for the Department of Infrastructure to guide the assessment
   of such applications. The Freeway Service Centre is to include all prescribed facilities
   that are deemed necessary in the interests of driver safety, being:
         Designated car and truck parking areas;
         Undercover fuel sales area;
         Food and beverage facilities, including sit down eating areas;
         Convenience Shop;
         Toilets;
         Public telephone;
         Local and Regional tourist information;
         Outdoor eating area;
         Children‟s‟ play area.

   The site layout has the following characteristics:
         The main multi-purpose building, which is to be setback approximately 37
          metres from the Freeway Reserve, and will include a convenience shop and
          fuel sales area of approximately 120 square metres, a quick service restaurant
          with drive through facility at the rear, and appropriate toilet and restrooms;
         A landscaped outdoor eating area with playground facilities on the northern
          side of the building, with direct access from both the restaurant and adjacent
          car park;




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ORDINARY MEETING                                                              28 JUNE 2004

           A separation of traffic streams so that large truck movements are diverted to
            the rear of the site, with dedicated parking facilities shielded from approaching
            traffic by the Freeway Service Centre building complex and landscaping;
           Petrol filling areas for cars and small commercial vehicles;
           Elevations for the proposed building and canopies is to be in accordance with
            standard current practice, and the building is to be featured by a curved roof;
           Extensive landscaping throughout the site, using predominantly native trees,
            bushes and ground covers. Dense planting is to be provided to the north of the
            building and parking areas, as well as to the rear of the site in order to provide
            for a visual buffer between adjacent rural living areas, and the Melbourne-
            Bendigo railway line.

     Refer to Appendix 2 for plans of the proposal

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

     Sustain Melton’s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities and to have an economy
     with expanding job opportunities.


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

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing a sign on the land for a period of 14 days. A notice
     was also placed in the Telegraph newspaper. A total of three (3) objections were
     received in relation to the application. The issues raised in the objections can be
     summarised as follows:
           Increased noise;
           Provision of utility services to the site;
           Proposal is inconsistent with relevant policies;
           Loss of rural land;
           Poorly planned proposal;
           Inappropriate location for the facility;
           Proposal is detrimental to the functions of the Calder Freeway.

     A response to the objections will be provided later in the report.




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ORDINARY MEETING                                                              28 JUNE 2004

     Referral of the application

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

         Authority / Department          Response
         VicRoads                        No objections. Conditions to go on permit.
         Western Water                   No response.
         Southern Rural Water            No objections. Conditions on permit.
         EPA                             No objections. Conditions on permit.
         VicTrack                        No objections. Conditions on permit.
         Melbourne Airport               No objections. Conditions on permit.
         DSE                             No objections. Conditions on permit.
         Engineering Services            No objections. Conditions on permit.


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is zoned Green Wedge Zone and
     is covered by the Airport Environs Overlay control (Schedule 2). The proposal is a
     permitted use.

     State Planning Policy Framework (SPPF)

     There are a number of relevant policies in the State Section of the Melton Planning
     Scheme that are applicable to this application. These are:
            Protection of Catchments, Waterways and Groundwater (Clause 15.01);
            Conservation of Native Flora and Fauna (Clause 15.09);
            Agriculture (Clause 17.05);
            Declared Highways, Railways and Tramways (Clause 18.01);
            Airfields (Clause 18.04).

     The Protection of Catchments, Waterways and Groundwater policy located at Clause
     15.01 of the Melton Planning Scheme has its objective in trying to assist the
     protection and, where possible, restoration of catchments, waterways, water bodies,
     groundwater and the marine environment. Amongst the implementation initiatives for
     the policy are the requirement to retain natural drainage corridors with vegetated
     buffer zones of at least 30 metres wide along waterways to maintain the natural
     drainage function, stream habitat and wildlife corridors and landscape values, to
     minimise erosion of stream banks and verges and to reduce polluted surface runoff
     from adjacent land uses.




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ORDINARY MEETING                                                            28 JUNE 2004

   There is an existing dam on the property, which is to be located behind the Freeway
   Service Centre building, and a drainage line which traverses the site, leading into the
   dam. The drainage line runs just to the north of the proposed building site. The
   proposal includes re-directing drainage into the existing dam on site, which in turn is
   to be re-constructed as a retarding basin, and will form a feature of the site. Areas
   adjacent to the drainage line and retarding basin are to be planted with native plants.
   Neither the Department of Sustainability nor Councils‟ Engineering Department has
   objected to the proposal, and appropriate conditions can be placed on the approval
   to ensure that drainage of the site is satisfactory and will not compromise the
   objectives of the policy related to the protection of catchments, waterways and
   groundwater.

   The Conservation of Native Flora and Fauna policy at Clause 15.09 of the Melton
   Planning Scheme has its‟ objectives in the protection and conservation of
   biodiversity, including native vegetation retention and provision of habitats for native
   plants and animals and control of pest plants and animals. The applicant has
   undertaken a Flora and Fauna assessment of the site and although both native and
   exotic flora and fauna species have been found on the land, the site has been found
   to have a low level of conservation significance. The Flora and Fauna assessment
   has been submitted to the Department of Sustainability and Environment, and they
   have not objected to the proposal, subject to conditions in relation to the protection of
   environmental values on the land. In addition, the applicant intends to undertake
   planting of native trees, shrubs and grasses on the land to further gain consistency
   with this policy.

   The Agriculture Policy at Clause 17.05 of the Melton Planning Scheme aims to
   protect the State‟s agricultural base from the unplanned loss of high quality
   productive agricultural land, and to protect high quality farmland. There is evidence of
   grazing and cropping in the vicinity of the subject land, and the applicant has advised
   that the subject land has been used for grazing and cropping with a lease agreement
   with a farmer in the locality. Based upon this advice, there will be a diminution of rural
   land in the locality. The site is quite unique in that it is wedged between the Freeway
   and Railway Line and despite the loss of rural land, a Freeway Service Centre is an
   acceptable response to the constraints of the site.

   The Declared Highways, Railways and Tramways policy at Clause 18.01 of the
   Melton Planning Scheme aims to integrate land use and transport planning around
   declared highways and railways. As part of the policy, new use and development
   near transport routes should be planned to avoid detriment to, and where possible,
   enhance the service, safety and amenity for the transport route.

   The Freeway Service Centre is consistent with this policy as it will provide a
   destinations for Freeway users to stop and have a rest break, which will ultimately
   contribute to safety on the Calder Highway and adjoining roads. VicRoads and
   Councils‟ Engineering Services Department have not objected to the access and
   egress arrangement, indicating that such vehicular movements would be safe and
   reasonable for the development, and will not result in any adverse safety impacts on
   the functioning of the Calder Freeway.




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ORDINARY MEETING                                                          28 JUNE 2004

   Amongst the objectives of the Airfields Policy at Clause 18.04 of the Melton Planning
   Scheme is to restrict incompatible land use and development in the vicinity of
   airfields. The land is affected by an Airport Environs Overlay (Schedule 2) given its‟
   proximity to the Melbourne Airport and the east/west runway. The application was
   referred to Melbourne Airport, who have not objected to the proposal, subject to
   conditions, which can be placed on any approvals given. In any event, it is not
   expected that the Freeway Service Centre will compromise the functions of
   Melbourne Airport and therefore is consistent with the Airfields Policy.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.03-1of the Municipal Strategic Statement outlines the overarching vision
   for the Shire:

   The Council believes that the Shire should develop as two residential communities
   supported by small villages (with constrained boundaries) all of which are surrounded
   and supported by non-urban land, which fulfils a variety of agricultural,
   environmental, visual, and tourist functions, which Council is invigorating through
   innovative practices and environmental incentives.

   In supporting this overarching objective, a number of land use objectives are
   provided. The following objective is provided at Clause 21.03-2 in relation to Rural
   Land Use:

   To preserve the integrity of the Shire’s rural land for sustainable and efficient rural
   land use; and to maintain a non-urban buffer between Metropolitan Melbourne and
   the Melton township.

   The MSS then divides the Shire into land use units and provides key directions for
   each unit. The following relevant direction is provided:

   Clause 21.04-5 Mt Kororoit Hills and Plains
        Retain land in broad hectare parcels
        Discourage rural living development from locating in areas that would
         undermine the viability of agricultural activities.
        Discourage small lot excisions from occurring, unless new lots are provided
         with reticulated water and are connected to a sealed road that forms part of
         the municipal sealed road network.
        Encourage intensive agricultural activities to occur, except in areas close to
         urban edges or sensitive land uses or in areas of high visibility (such as
         around tourist routes and nodes).
        Discourage land use and development that would be adversely affected by or
         prejudicial to the continued operations of Melbourne Airport.




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ORDINARY MEETING                                                           28 JUNE 2004

   Although the Freeway Service Centre will result in the loss of rural land, the proposal
   will serve a safety as well as tourist function, which the MSS encourages. The
   Freeway Service Centre will provide tourist information for the municipality and the
   region, and will not adversely affect the functions of the Melbourne Airport. Although
   a Freeway Service Centre could be deemed an urban use, it is not uncommon for
   Freeway Service Centres to be located on rural land, and there are other examples
   of this on the Princes Freeway, Western Highway and Hume Highway.

   Local Planning Policies

   Clause 22.08 (Rural Land Use Policy) aims to preserve the integrity of the Shire‟s
   rural land for sustainable and efficient rural land uses; and to maintain a permanent
   non-urban buffer between metropolitan Melbourne and the Melton township.
   Objectives of the policy include:
         To maintain the rural areas predominantly in sustainable, agricultural use and
          to provide opportunities for alternative, more intensive rural areas;
         To encourage the consolidation of lots to ensure more effective land
          management practices and infrastructure provision;
         To provide opportunities for rural living in controlled, well planned,
          economically sustainable developments which minimise environmental impact
          in locations accessible to infrastructure and services;
         To promote economic development, tourism and rural enterprises which are
          compatible with, and ancillary to, rural activities;
         To ensure all land use and development is in accordance with proper land
          management practices which will conserve the natural resources, amenity and
          environmental values of the rural areas, particularly with respect to air quality,
          noise and watercourse capacity;
         To maintain and enhance the landscape of rural areas by encouraging
          development that is in harmony with the rural landscape; and
         To encourage the retention of remnant areas of native vegetation and the
          planting and maintenance of windbreaks and tree lines;

   Aside from the objectives of the Rural Land Use Policy, it is Council policy to:
         Ensure that large tracts of agricultural land are clearly identified and set aside
          for productive agricultural activities;
         Ensure that the location of future rural living uses does not prejudice the
          operation and expansion of efficient agricultural pursuits;
         Discourage rural living development and small lot excisions from occurring in
          areas of productive agricultural land or adjacent to areas identified for future
          stone extraction;
         Ensure that urban infrastructure associated with rural subdivision and
          development is financed by the developer rather than being a cost on the
          general community;
         Ensure that all secondary lots created in the rural areas be connected to a
          reticulated water supply and the municipal sealed road network.


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ORDINARY MEETING                                                             28 JUNE 2004

   Whilst the Freeway Service Centre will result in the loss of rural land, the site is
   unique in that it is wedged between the Calder Freeway and the Melbourne-Bendigo
   Railway, and therefore its‟ agricultural potential is limited. A Freeway Service Centre
   on the land is an appropriate response for the land and will provide benefits to the
   wider community and lead to increased safety for road users. The applicant has also
   advised that water and sewerage services will be made available to the site, via
   extending existing services from Diggers Rest. Proposed plantings on the site with
   native trees, shrubs and grasses will also limit the impacts of the proposal on the
   rural landscape.

   Clause 52.30 – Particular Provision Freeway Service Centres.

   Clause 52.30 of the Melton Planning Scheme is a particular provision that must be
   satisfied when assessing a Freeway Service Centre proposal. The purposes of this
   provision are:
         To ensure that Freeway Service Centres are appropriately designed and
          located;
         To ensure that access to a Freeway Service Centre from a freeway is
          designed to the requirements of the Roads Corporation;
         To ensure that Freeway Service Centres with access to a rural freeway
          provide only essential services and facilities which encourage drivers to stop
          and take an effective break at appropriate intervals in the interests of driver
          safety;
         To ensure that any new Freeway Service Centre meets an identifiable need to
          provide essential services and facilities along the freeway where those
          services are not readily available;
         To ensure that the use of land for a Freeway Service Centre does not
          adversely affect the amenity of surrounding land uses.

   It is considered that the proposal satisfies the objectives of this particular provision of
   the Melton Planning Scheme. In addition, the proposal has been referred to both
   VicRoads and Councils‟ Engineering Services area, and neither of these authorities
   has objected to the application. The proposal has also been assessed against the
   requirements of the Freeway Service Centre guidelines, and the proposal is generally
   consistent with the requirements of the Guidelines.

   The Freeway Service Centre Guidelines do suggest that new Freeway Service
   Centres should be located in tandem with other such developments on opposite
   sides of a Freeway. To this end, although not explicitly opposite the existing Freeway
   Service Centre on the Melbourne inbound side of the Freeway within the City of
   Brimbank, there is only a separation of approximately 1.2 kilometres, which is
   deemed reasonable.

   The Freeway Service Centre Guidelines also require a 50 kilometre separation
   between existing or approved Freeway Service Centres on the same side of a
   Freeway. VicRoads has advised that an approval exists for a Freeway Service
   Centre in Gisborne South, some 22 kilometres from the subject site, and that the City
   of Brimbank are also currently assessing a Freeway Service Centre application
   approximately 1.2 kilometres to the south of the subject site.

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ORDINARY MEETING                                                         28 JUNE 2004

   The application within the City of Brimbank is yet to be approved, whilst advice from
   the Macedon Ranges Shire indicates that the Freeway Service Centre in Gisborne
   South was approved on 14 January 1999 and the permit expired on 14 January
   2003. The Freeway Service Centre in Gisborne South has not been built, and the
   permit has not been extended, therefore a new application will need to be made if
   one is to be built on the previously approved site.

   Comment

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

   Although the proposal will result in the diminution of rural land, the site is poorly
   situated to be of any substantive rural land use given that it is wedged between the
   Calder Freeway and the Melbourne-Bendigo railway line. The site has low
   conservation significance, however, the developer has advised that native trees,
   shrubs and grasses will be planted on the site, and an existing dam and drainage line
   on the site will be incorporated into the development.

   The Freeway Service Centre proposal is generally consistent with the Freeway
   Service Centre guidelines developed for the Department of Infrastructure in 1997,
   and the proposal will assist in providing a safer road network for road users.

   Objections

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

        Increase in noise

         One of the objectors is concerned that noise from trucks braking to enter the
         site, and engines starting up when trucks are leaving the site will be
         detrimental to amenity. The objector resides on the opposite side of the
         Freeway and the separation between the site and objectors property is of a
         sufficient distance to ensure that noise impact are minimal. In addition, the
         developer will provide additional landscaping on the site, and appropriate
         conditions relating to compliance with relevant EPA noise standards can be
         placed on any approval.

        Connection to Utility Services.

         A submitter to the north of the site is concerned that the developer will need to
         create an easement through, or acquire some of his land to provide for
         connection to utility services when extending them from Diggers Rest.

         The application advises that this is not to be the case, and that sewerage and
         water supply can be connected to the existing mains in Diggers Rest by a
         private main connected via the Road Reserve rather than private land. There
         is already electricity and telecommunications supply available to the property.


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ORDINARY MEETING                                                               28 JUNE 2004

     The other objection is from a consultant acting on behalf of the applicant for the
     permit for the Freeway Service Centre within the City of Brimbank, and the grounds
     of objection and response is generally as follows:

           Insufficient information with application.

            The application was accompanied by a site layout plan, elevation plans, traffic
            report, drainage report and town-planning report, and at a later stage, a Flora
            and Fauna study. The level of information submitted with the application is
            deemed to be sufficient in order to provide for a proper assessment of the
            application.

           Proposal does not accord with Freeway Service Centre Guidelines.

            An assessment of the proposal against the requirements of the Freeway
            Service Centre guidelines has been undertaken, and the proposal is
            considered to be generally consistent with these guidelines.

           Proposal is contrary to provisions of relevant zone and policy objectives of the
            Melton Planning Scheme.

            An assessment of the proposal against the relevant provisions of the Melton
            Planning Scheme has been undertaken and outlined above, and needs no
            further elaboration.

           Proposal will lead to traffic conflicts.

            Both VicRoads, and Councils‟ Engineering Services Department have
            assessed the application, and the proposal has been deemed to be
            satisfactory from a traffic management perspective.

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

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

     Although the proposal will result in the loss of rural land, the locational characteristics
     of the site, and the fact that it is wedged between the Calder Freeway and
     Melbourne-Bendigo railway line render its‟ rural/agricultural life limited. The site is of
     low environmental significance, and a Freeway Service Centre and the associated
     works proposed represent an appropriate response to the constraints of the land that
     will provide benefits to the Shire of Melton and the wider community.



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ORDINARY MEETING                                                                28 JUNE 2004


 ITEM NO 14                                                 FILE NO: 2395/2140
                                                            Jason Maslen / jm



            APPLICATION FOR PLANNING PERMIT NO PA2003/504

PURPOSE OF REPORT:

To consider an application for planning permit for the subdivision of land at 570 Exford
Road into 7 lots.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Refusal for the subdivision of land
into 7 lots at Crown Allotment 19B, Parish of Mooradoranook, 570 Exford Road, Parwan,
on the following grounds:

1.    The proposal is inconsistent with the State Planning Policy Framework with regard
      to Clause 17.05 (Agriculture), as it will lead to the diminution of rural land from rural
      production.

2.    The proposal is contrary to the objectives and policies at Clause 21.04-08 of the
      Municipal Strategic Statement, which relate to the Exford Farming Area, which
      seeks to preserve the area as a regional agricultural asset and discourage urban
      development, which would undermine the productivity and viability of agriculture in
      the area, and be remote from infrastructure and services.

3.    The proposal is contrary to the objectives and policies at Clause 22.08 (Rural Land
      Use Policy), as the proposal will undermine the agricultural viability of the area and
      does not satisfactorily demonstrate how the proposal will enhance the agricultural
      potential of the land.

4.    The proposal is contrary to proper and orderly planning.

Cr Stock.    That the recommendation be adopted.

The motion lapsed for want of a seconder.

Motion:

Crs Papas/Watson.
That Council issue a Notice of Decision to Grant a Permit for a Seven lot subdivision of
land at Crown Allotment 19B, Parish of Mooradoranook, 570 Exford Road, Parwan,
subject to the following conditions:




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ORDINARY MEETING                                                         28 JUNE 2004

1.   Before the Plan of Subdivision can be certified, the following must be submitted to
     and approved by the responsible authority:

     a)    Three (3) copies of amended plans generally in accordance with the plans
           submitted with the application but modified to show:

           (i)     Building envelopes for each allotment;

           (ii)    The shared driveway which provides access to the rear of the lots
                   shown as common property rather than an easement as shown;

           (iii)   The shared driveway connection to Nerowie Road located so as to
                   minimise the removal of significant native vegetation.

     b)    Three (3) copies of engineering plans detailing the provision of a sealed right
           and left hand turning lanes in Nerowie Road at the entrance of the shared
           driveway.

     c)    An Environmental Management Plan for the site detailing measures to control
           weeds, protect and improve native vegetation, prevent soil erosion and
           productive agricultural capacity of the land.

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

2.   The subdivision as shown on the endorsed plan must not be altered or modified
     without the written consent of the Responsible Authority.

3.   The following must be undertaken to the requirements and satisfaction of the
     responsible authority prior to the issue of a Statement of Compliance under the
     Subdivision Act 1988:

     a)    Access to the site (including the full length of the proposed shared driveway
           to a gravel standard), the vehicle crossover to the shared driveway and any
           ancillary road and road drainage works must be constructed in accordance
           with the requirements of the Responsible Authority.

     b)    Each secondary lot must be connected to a reticulated water supply at the
           cost of the owner/applicant and to the requirements of the relevant water
           authority.

     c)    The owner of the land must enter into an agreement pursuant to Section 173
           of the Planning and Environment Act 1987, such that:

           (i)     The land may not be further subdivided under the N=A/20 subdivision
                   formula of the Melton Planning Scheme.

           (ii)    Construction of a trotting track adjacent to the small lots to be
                   accessible and maintained by those small lots.

           (iii)   Any dwelling constructed on any lot must be connected to a
                   wastewater treatment and disposal facility in accordance with a land
                   capability assessment undertaken by a suitably qualified person.



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ORDINARY MEETING                                                            28 JUNE 2004

           (iv)    Ongoing implementation of the endorsed Environmental Management
                   Plan.

           The agreement must be registered on Title pursuant to Section 181 of the
           Planning and Environment Act 1987, and that all costs associated with the
           preparation, execution and lodgement of the Agreement on Title be borne by
           the owner of the land.

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

5.   All existing and proposed easements and sites for existing or required utility
     services and roads on the land must be set aside in the plan of subdivision
     submitted for certification in favour of the relevant authority for which the easement
     or site is to be created.

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

7.   The following must be undertaken to the requirements and satisfaction of Powercor:

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

     b)    The applicant shall:

           (i)     Provide an electricity supply to all lots in the subdivision in accordance
                   with Powercor‟s requirements and standards (A payment to cover the
                   cost of such work will be required). In the event that a supply is not
                   provided the applicant shall provide a written undertaking to Powercor
                   Australia Ltd that prospective purchasers will be so informed.

           (ii)    Re-arrange; to the satisfaction of Powercor Australia Ltd, any existing
                   private electric lines that cross boundaries of the proposed lots to
                   supply existing installations. Such lines shall be constructed with
                   underground cables

           (iii)   Set aside on the plan of subdivision for the use of Powercor Australia
                   Ltd reserves satisfactory to Powercor Australia Ltd where any electric
                   substation (other than a pole-mounted type) is required to service the
                   subdivision.

           (iv)    Provide easements satisfactory to Powercor Australia Ltd, where
                   easements have not been otherwise provided, for all existing
                   Powercor Australia Ltd electric lines on the land and for any new
                   powerlines required to service the lots and adjoining land, save for
                   lines located, or to be located, on public roads set out on the plan.
                   These easements shall be for the purpose of “Power Line” in favour of
                   Powercor Australia Ltd.


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ORDINARY MEETING                                                             28 JUNE 2004

             (v)      Obtain for the use of Powercor Australia Ltd any other easement
                      external to the subdivision required to service the lots.

             (vi)     Adjust the position of any existing easements(s) for powerlines to
                      accord with the position of the line(s) as determined by survey.

             (vii)    Obtain the approval of Powercor Australia Ltd to lot boundaries within
                      any area affected by an easement for a powerline and for the
                      construction of any works in such an area.

             (viii)   Provide to Powercor Australia Ltd, a copy of the version of the plan of
                      subdivision submitted for certification, which shows any amendments,
                      which have been required

8.    This permit will expire if the subdivision hereby permitted is not commenced within
      two (2) years of the date of this permit and not completed within five (5) years from
      the date of issue. An extension of time may be sought in writing up to 3 months
      after the expiry of the permit.

NOTE:        At the time a building is constructed, water supply, vegetation management
             and access must be provided to CFA‟s satisfaction.

                                                                                  CARRIED



REPORT
1.   Background
     Executive Summary

     The application is for the subdivision of a 154.4 hectare parcel of rural land into
     seven lots under the primary/secondary lot provision (N=A/20). The subdivision
     proposes six secondary (rural living) lots along the Nerowie Road frontage of the land
     of 5.01 hectares in area and a remaining primary lot of 124.26 hectares in area. The
     application was advertised and one letter of interest was submitted from a nearby
     landowner, mainly concerned with the standard of proposed dwellings on the lots.

     The application was referred to various authorities and internal departments and no
     objections were made, except that land capability reports are required regarding
     effluent treatment. It is considered that the proposal should not be supported by
     Council given the objectives of state and local policy to avoid further fragmentation of
     rural land. This particularly relevant given that the site is located in the Exford
     Farming area, which has significantly larger rural landholdings than the remainder of
     the Shire.

     Application:              PA2003/504
     Applicant:                W Earle & S Leonidas C/- G Hamm
     Property/Location:        570 Exford Road, Parwan
     Zoning:                   Green Wedge (formally Rural Zone)
     Overlay/s:                Part Environmental Significance Schedule 1



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ORDINARY MEETING                                                          28 JUNE 2004

   The Land

   The application relates to a 154.4 hectare triangular shaped parcel of land abutting
   Exford Road to the north-east and Nerowie Road to the south-east. The land is
   generally flat and is known to contain some native vegetation and in turn native
   fauna. The land is known as Willaston Farm and is a standardised harness racing
   facility horse stud, training and agistment farm. The land contains an existing
   dwelling and trotting track.

   Refer to Appendix 1 for a locality plan

   The Application

   The application seeks to subdivide the land into seven lots under the
   primary/secondary lot provision (N=A/20) of the former Rural Zone. The subdivision
   proposes six secondary (rural living) lots along the Nerowie Road frontage of the land
   of 5.01 hectares in area and a remaining primary lot of 124.26 hectares in area.
   Access to the lots will be via a shared driveway contained within a proposed
   carriageway easement from Nerowie Road to the rear of the proposed lots secondary
   lots.

   Information submitted in support of the application details that the subdivision will
   allow for persons involved in horse related activities to purchase affordable rural
   properties to pursue equine interests. The owners have indicated that they are
   currently investigating the provision of an additional 1000 metre harness training
   track adjoining the proposed secondary lots. The applicant argues that the proposal
   will provide for increased rural activity in the area through additional equine activity
   on the proposed secondary lots.

   Refer to Appendix 2 for plans of the proposal

   Related Applications

   Council has also received an application for the subdivision of a 160 hectare parcel
   of land in Exford Road, Parwan which is on the opposite side of Exford Road
   immediately north of the north-west corner of the land. This application seeks a
   similar subdivision of the land into 8 lots. This current application follows a previous
   application on the land, which was refused by Council and VCAT. In its decision
   VCAT recognised that the proposal met the statistical requirements of the subdivision
   provisions of the zone, but failed to meet the important policy objectives of the
   planning scheme. The following comments from VCAT‟s decision are of interest:

   “The Tribunal believes that this subdivision would be a fragmentation of rural land not
   near any other rural residential developments or a small town…

   …Emphasis was placed on amendment L56 that was put in place as a “win-win”
   outcome for the responsible authority and landowners in terms of subdivision as
   stated by Mr Szymanski, however from the evidence tendered, there is no win for the
   responsible authority and the Tribunal sees it as a dangerous precedent in
   fragmentation and increased values that should no be permitted.



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ORDINARY MEETING                                                             28 JUNE 2004

     …Vague options for land use were mentioned by Mr Longo in his evidence, however
     the evidence of the responsible authority officer and tendered photographs painted a
     different picture as to the viability of the land that would be exacerbated by reducing
     the primary lot in the subdivision. It is not viable now, reducing its size and retaining
     the swamp area will not improve the position.

     The land is within the “Exford Farming Area” and should not be subdivided as
     proposed.”


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

     Sustain Melton’s unique mix of urban and rural lifestyles and manage development
     that meets the needs of current and future communities, and to protect and enhance
     sites of environmental, historical and cultural significance ane sensitivity.


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

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing on the land for a period of 14 days. One letter of
     interest was received from an adjoining owner advising that although they had no
     objection with the proposed subdivision of the land, they had concerns regarding the
     quality of dwellings constructed on the proposed lots. This particularly concerned
     their desire to avoid relocated dwellings, need for non-reflective materials and for
     suitable fencing and water provision. A further letter was submitted confirming that
     they did no have an objection to the proposed subdivision but wished Council to
     consider their comments in its decision.

     Referral of the application

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

      Authority           / Response
      Department
      Engineering           No objection subject to conditions.
      Department
      Environmental         The application does not address native vegetation,
      Services Department   which is known to exist on the site and does not detail
                            the impact on or ongoing management and
                            improvement of this native vegetation. As it stands the
                            application does not provide an environmental benefit.
                            However measures could be undertaken which would
                            produce an environmental benefit, such as minimising


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ORDINARY MEETING                                                          28 JUNE 2004

         Authority           / Response
         Department
                                vegetation removal and providing permanent protection
                                to more significant vegetation, which would produce an
                                environmental benefit to the subdivision.
         CFA                    No objection.
         Powercor               No objection subject to conditions.
         Western Water          No objection subject to a condition requiring water
                                provision to the proposal.


5.   Issues
     Melton Planning Scheme

     According to the Melton Planning Scheme the land is currently zoned Green Wedge,
     with the land formerly zoned Rural. Exford Road, which abuts the site, is covered by
     the Environmental Significance Overlay Schedule 1.

     Clause 56 of the Melton Planning Scheme, which relates to Metropolitan Green
     Wedge land provides transition controls, which provide that in the case of an
     application made before the introduction of the Green Wedge Zone, the former
     controls must apply for the consideration of the application. In this case the
     application was made before the introduction of the Green Wedge Zone, therefore
     the application must be considered against the provisions of the Rural Zone, which
     applied to the land prior to the introduction of the Green Wedge Zone. This report
     considers the application on this basis.

     State Planning Policy Framework (SPPF)

     Clause 17.05 (Agriculture) of the SPPF is relevant to the application. The objective
     of the Clause is to:

     To ensure that the State’s agricultural base is protected from the unplanned loss of
     high quality productive agricultural land due to permanent changes of land use and to
     enable protection of productive farmland which is of high quality and strategic
     significance in the local or regional context.

     The Clause further directs that in considering a proposal to subdivide or develop
     agricultural land, the following factors must be considered:

            The desirability and impacts of removing the land from primary production,
             given its agricultural quality and productivity.
            The impacts of the proposed subdivision or development on the continuation
             of primary production on adjacent land, with particular regard to land values
             and to the viability of infrastructure for such production.
            The compatibility between the proposed or likely development and the existing
             uses of the surrounding land.
            Assessment of the land capability.



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   It is considered that the proposal would compromise this objective.

   Clause 15.09 (Conservation of Flora and Fauna) is also relevant to the application.
   The objective of this Clause is to:

   To assist in the protection and conservation of biodiversity, including native
   vegetation retention and provision of habitats for native plants and animals and
   control of pest plants and animals.

   The Clause states that Councils should have regard Victoria‟s Native Vegetation
   Management – A Framework for Action (DNRE, 2002) and should seek to achieve a
   net gain outcome as defined by the Framework.

   This has not been specifically addressed by the application in any detail.

   Melbourne 2030

   Melbourne 2030 is an adopted State Planning Policy and must be considered when
   planning decisions are made. Melbourne 2030 provides various strategies and
   implementation plans to achieve these strategies.

   A key strategy of Melbourne 2030 seeks the protection of the non-urban areas
   around metropolitan Melbourne from urban development. These areas are known as
   green wedges and are dealt with in detail in Implementation Plan 5. The plan states:

   The green wedges fulfill a range of specific roles that include:
         providing opportunities for agricultural uses, such as market gardening,
          viticulture and broad hectare farming
         preserving rural and scenic landscapes
         preserving conservation areas close to where people live
         preserving renewable and non-renewable resources and natural areas (such
          as water catchments)
         providing and safeguarding sites for infrastructure that supports urban areas
          (such as airports and sewage plants)
         allowing industries such as sand and stone extraction to operate close to
          major markets
         enabling the development of networks of open space
         providing opportunities for tourism and recreation.”

   The proposal is contrary to these objectives of Melbourne 2030.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.03-1 outlines the overarching vision for the Shire:




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   The Council believes that the Shire should develop as two residential communities
   supported by small villages (with constrained boundaries) all of which are surrounded
   and supported by non-urban land, which fulfills a variety of agricultural,
   environmental, visual, and tourist functions, which Council is invigorating through
   innovative practices and environmental incentives.

   In supporting this overarching objective, a number of land use objectives are
   provided. The following objective is provided at Clause 21.03-2 in relation to Rural
   Land Use:

   To protect the integrity of the Shire’s rural land for sustainable and efficient rural land
   use; and to maintain a non-urban buffer between Metropolitan Melbourne and the
   Melton township.

   The MSS then divides the Shire into land use units and provides key directions for
   each unit. The subject land is located within the Exford Farming Area (see
   Appendix 3), for which the following policy statements apply:

   Objective
   To preserve the Exford Farming Area as a regional agricultural asset for the
   foreseeable future by discouraging urban uses and other development which
   undermine the productivity and viability of agriculture in this area.

   Opportunities and Constraints
        The area is remote from urban areas, services and facilities.
        High landscape quality and large areas of native vegetation exist.
        Particularly high landscape qualities exist along the banks of the Exford
         Reservoir and the Werribee River.
        The area provides an alternate route to Werribee, Bacchus Marsh and
         Geelong although the road infrastructure between these centres and Melton is
         poor.
        The area is still a very productive rural area, with a number of full-time farmers
         still operating.

   Strategies

         Maintain existing large lot sizes for productive agricultural purposes.
         Assess all future use and development in this area according to whether it
          results in an increase in agricultural efficiency.
         Maintain the settlement pattern around Exford in its present form, and
          discourage applications, which threaten its present integrity and amenity.
         Discourage urban uses and developments from occurring.
         Discourage rural residential development from occurring, particularly around
          the banks of the Werribee River and the Exford Reservoir.
         Protect areas of significant vegetation (such as the Exford Woodlands, the
          banks of the Werribee River and the Exford Reservoir) through overlay
          controls.




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   Planning Scheme Implementation

         Future subdivision of land may be permitted, provided the lot or land parcel is
          40 hectares or more in area. The subdivision must result in the creation of one
          large primary lot, and one or more smaller, secondary lots. Lot entitlements
          are calculated by dividing the total area of the lot or land parcel by 20 (and
          then rounding down to the nearest whole number). Secondary lots are to be
          between 1-5 hectares in area. All applications for subdivision must
          demonstrate how the agricultural potential of the land parcel will be enhanced.
         All secondary lots must be connected to reticulated water, underground power
          and a sealed road that forms part of the municipal sealed road network.
         Urban-type uses will generally be discouraged in accordance with the Rural
          Land Use policy contained at Clause 22.08.

   The proposal is contrary to these objectives of the MSS.

   Local Planning Policies

   Clause 22.08 Rural Land Use Policy

   Policy objectives of the Clause include:
         To maintain the rural areas predominantly in sustainable, agricultural use and
          to provide opportunities for alternative, more intensive rural uses.
         To provide opportunities for rural living in controlled, well planned,
          economically sustainable developments, which minimise environmental impact
          in locations accessible to infrastructure and services.
   The Clause states that it is policy to:
         Ensure that the location of future rural living uses does not prejudice the
          operation and expansion of efficient agricultural pursuits.
         Discourage rural living development and small lot excisions from occurring in
          areas of productive agricultural land or adjacent to areas identified for future
          stone extraction (as shown on the Physical Framework Plan).

   The proposal is contrary to these local planning policies.

   Clause 57 Metropolitan Green Wedge Land

   This Clause applies to all green wedge land around metropolitan Melbourne. The
   purpose of the Clause is to:

         To protect metropolitan green wedge land from uses and development that
          would diminish its agricultural, environmental, conservation, landscape natural
          resource or recreation values.
         To protect productive agricultural land from incompatible uses and
          development.




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     Comment

     Any application for planning permit must be considered against the varying policy
     objectives of the planning scheme including State and Local Policy. In this instance
     the application has been made in accordance with the subdivision provisions of the
     zone, however it is considered that the proposal does not meet the overarching
     objectives of the planning scheme. These policies seek to protect agricultural land
     from unplanned loss from production particularly in more viable areas, locate rural
     living in close proximity of infrastructure and services, and protect and conserve
     native vegetation.

     The Exford Farming area is unique in the Shire as it is in significantly larger
     landholdings that the other areas of the Shire and contains limited rural living uses,
     and even a limited number of farm dwellings. The policy provisions of the Melton
     Planning Scheme recognise this and provides stronger policy statements for the
     Exford Farming Area than for other regions of the Shire.

     This proposal will result in a significant change to the nature of the area through
     fragmentation of the land, impacts on surrounding rural activities through increased
     conflict between rural activities and introduced rural living uses, and increased land
     values which places greater pressure on the viability of surrounding farms. The
     VCAT decision detailed earlier in this report recognised these impacts and did not
     support the proposed subdivision in the Exford Farming Area.

6.   Options
     Council (as responsible authority) can either:

     1.    Refuse the application as recommended, which is consistent with the
           Municipal Strategic Statement.
     2.    Approve the application with conditions requiring a native vegetation
           assessment and environmental enhancement works to be undertaken.

7.   Conclusion
     As detailed in this report, the proposal is not supported by the objectives of the
     Melton Planning Scheme, which relate to the protection of agricultural land from
     unplanned loss and the protection of native vegetation, particularly in the Exford
     Farming Area, which contains larger landholdings in the Shire. It is therefore
     considered that Council should not support the proposal.




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ORDINARY MEETING                                                            28 JUNE 2004


 ITEM NO 15                                               FILE NO: 2145/1756
                                                          Steve Finlay/sf



           APPLICATION FOR PLANNING PERMIT NO PA2003/121

PURPOSE OF REPORT:

To consider an application for planning permit for a medical centre with associated car
parking, landscaping and advertising signs at 247-251 Station Road, Melton.



RECOMMENDATION:
That Council (as responsible authority) issue a Notice of Decision to Grant a Permit for the
use and development of the land for the purpose of a Medical Centre with associated car
parking, landscaping and advertising signs at PC356871T, being numbers 247-251 Station
Road, Melton subject to the following conditions:

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

            Details of the proposed pole sign, including wording, dimensions and colour
             scheme to be located within the landscaped setback on the eastern side of
             the site.

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

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

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

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

5.    All landscaped gardens and planting shown on the endorsed plan must be
      maintained to the satisfaction of the Responsible Authority and must not be used for
      any other purpose.




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

7.    Provision must be made for the drainage of the site to the satisfaction of the
      Responsible Authority.

8.    Prior to the commencement of the use the area set aside for the parking of
      vehicles, together with associated access lanes as delineated on the endorsed plan
      must:

      a)     Be made available for such use,

      b)     Not be used for any other purposes;

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

      d)     Be clearly delineated on the ground;

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

      f)     Be maintained continuously in a usable condition

      to the satisfaction of the responsible Authority.

9.    Concrete kerbs, or such other form of barrier as the Responsible Authority may
      approve, of sufficient height to prevent the passage of vehicles, must be provided
      between landscape areas and areas provided for the parking or passage of
      vehicles.

10.   Apart from the case of an emergency, the medical centre must be confined in
      operation to the hours of 7am – 11pm, except with the written consent of the
      Responsible Authority.

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

12.   A directional sign of not more than 0.3 metres square in area must be provided
      within 3 metres of the street frontage in such a manner as to clearly indicate the
      area set aside for the parking of vehicles.

13.   A means of protection must be installed to prevent vehicles damaging fences of
      adjoining properties, to the satisfaction of the Responsible Authority.

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

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




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

17.   All civil design works external to each stage of building approval must be submitted
      to, and approved by, the Responsible Authority prior to a building permit issue. The
      approval must be stamped and signed separate to the building approval.

18.   The proposed Chemist must remain ancillary to the use of the land for a medical
      centre at all times.

19.   In the event that on-site parking becomes insufficient and causes a nuisance,
      additional car parking must be provided on site or on nearby land to the satisfaction
      of the Responsible Authority, within three months of a request in writing from the
      Responsible Authority.

20.   The advertising sign(s) hereby permitted must be so illuminated or provided with
      suitable baffles to ensure that no direct light is emitted outside the site, to the
      satisfaction of the Responsible Authority.

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

22.   The signs hereby approved must only be illuminated whilst the Medical Centre
      hereby permitted is open for business.

23.   No flashing, intermittent or changing colour lights must be displayed with the
      advertising signs hereby approved.

24.   The operation of this use must at all times be in accordance with the State
      Environment Protection Policy (Control of Noise from Commerce, Industry and
      Trade) No. N-1.

25.   Any existing infrastructure and/or works affected by new building works must be
      reinstated at no cost and to the satisfaction of the Responsible Authority.

26.   This permit will expire if the use and development is not commenced within 2 years
      of the date of issue and completed within 4 years from the date of issue. An
      extension of time may be sought in writing up to three months after the expiry of the
      permit.

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

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




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ORDINARY MEETING                                                             28 JUNE 2004


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



REPORT
1.   Background
     Executive Summary

     The application is to use and develop the land at 247-251 Station Road, Melton for
     the purpose of a multi-disciplinary medical centre with associated car parking,
     landscaping and advertising signs. The site is the former „Greenworld Nursery‟ site
     and has a vacant building and established car parking and landscaping already
     present. The medical centre will provide for general practitioners, dentists,
     physiotherapists, pathology, a chemist and other allied medical practitioners.

     Public notice of the application was given, and one (1) objection has been received.
     The objection relates to the use being inappropriate in a Residential zone, the
     Chemist component being prohibited in a Residential Zone, insufficient car parking,
     inappropriate access, off-site impacts to sensitive uses and lack of detail regarding
     signage.

     The proposal is permitted in a Residential Zone, a chemist is an ancillary use and
     sufficient parking has been provided on the site. Having considered the proposal, the
     objection received and the provisions of the Melton Planning Scheme, Councils‟
     support for the proposal is warranted on the basis that the proposal is consistent with
     relevant State and Local Planning Policy, and provides for an appropriate use at the
     periphery of the High Street Shopping strip.

      Application:             PA2004/121
      Applicant:               Matthew Hudson
      Property/Location:       PC356871T, being numbers 247-251 Station Road, Melton
      Zoning:                  Residential One Zone
      Overlay/s:               No overlay controls apply to the land.

     The Land

     The subject land is described as being PC356871T, numbers 247-251 Station Road,
     Melton. The site is generally rectangular is shape and has an area of approximately
     1.293 hectares, with a frontage of approximately 114.91 metres to Station Road and
     a depth of approximately 115.93 metres. There is an existing vacant building on the
     subject land, as well as substantial car parking and landscaping, owing to a previous
     use of the land for a Garden Centre. The site is on the western side of Station Road,
     and is just south of High Street. Land to the south is used for the Melton Police
     Station, whilst the land to the east of the site, and on the opposite side of High Street
     leads into the commercial centre of Melton. Further to the south and west of the site,
     land is used predominantly for residential purposes.




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   Refer to Appendix 1 for a locality plan

   The Application

   The proposal entails making alterations to the existing building on the land, and using
   the site for the purpose of a multi-disciplinary medical centre, with associated car
   parking and landscaping. The applicant has provided a summary of the proposal, and
   offers the following by way of explanation:

   External Works.

        Alterations to the main entry including removal of a window unit adjacent to
         the existing entry door and replacement with new automatic sliding doors, and
         installation of a lightweight flexible awning roof over the existing semi –circular
         portico;
        Existing windows to the north and east faces to be fitted with fixed awning
         structures consisting of off-white coated Vitripanels at 45 degree angles over a
         light alloy tube frame fixed to the face of the building. The hoods will lower the
         window head from 4.1 metres to 2.8 metres;
        Windows along the south face will have gloss black Hardies Vitripanels fixed
         over the exterior of the window frames to lower the head to 2.8 metres. This
         will allow for the construction of 2.7 metre ceilings within the consulting rooms;
        Installation of two new exit doors along the north face to facilitate correct
         egress distances towards the east and west ends;
        External signage to be added to the face of the building, and the erection of a
         new pylon sign to replace the existing, but moved slightly to the north for
         better visibility;
        The existing car parking and landscaping will remain generally unaltered,
         although at the rear of the site, a new portion of fencing with a security gate
         will be erected between the building and the existing fence to separate off 12
         cars for Doctors parking. To achieve 12 cars, the existing pavement is to be
         further line marked to raise the number of cars parked on-site from 99 to 108.
         This separation of the car park is also to provide additional security for staff
         cars, particularly at night.
        The covered way along the eastern face of the building is to be removed by
         the owner.

   Internal Works.

        The existing building on the site is a large single-storey commercial building of
         1980 square metres with a mezzanine of approximately 150 square metres.
         Approximately 1550 square metres of the available 1830 square metres will be
         fitted out as a medical centre, with the unused area being left unaltered and
         used for staff facilities and storage.

   Advertising Signs.

        A sign measuring 4.8m x 1.2m high with the words „Melton Medical and Dental
         Centre‟. This is to be located on the eastern face of the building at the
         southern end so that it is visible from McKenzie Street. The sign would be an
         illuminated box.

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ORDINARY MEETING                                                          28 JUNE 2004

        A large sign on the northern face of the building on the eastern end spanning
         over two window bays and facing into the car park. Size will be approximately
         11.4m x 1.2m. This sign will be made of individual back light letters fixed to the
         face of the building.
        A new pole sign in place of the existing, which is now obscured by the growing
         street trees. This new sign will be relocated further into the property about 3m
         to the north-west of the present pole sign to give greater visibility from the
         Station / High Street intersection. The sign will be an illuminated box visible
         from both sides and would measure approximately 5m x 2.4m.

   The Use.

   It is proposed to use the existing building on the site for the purpose of a medical
   centre, which will have the following characteristics:

        A general practice clinic having provision for 17 doctors‟ consulting rooms,
         reception and administration facilities. The general practice will contain a four-
         bed treatment room for the purposes of minor procedures and testing
         available to all doctors within the practice to use. In addition, a pathology
         collection room will be provided for the collection of blood samples;
        Generous waiting areas throughout the building to provide comfort, space and
         privacy to waiting patients, with approximately 90 seats provided in the waiting
         room for patients;
        Radiology clinic having provision for CT scan, two X-ray rooms, Ultrasound
         testing and OPG testing. Within the Radiology Clinic are reception,
         administration, reporting room and radiology staff facilities;
        Chemist area of 95 square metres with dispensary and sales to support the
         medical centre;
        Physiotherapy clinic having a four-bed capacity, associated support rooms
         and separate reception area;
        Dental clinic having three surgery rooms, sterile facilities, consulting bay and
         reception;
        Specialist practice will comprise 5 consulting rooms for different specialist
         disciplines together with specialist treatment room and administration office;
        A small pathology testing area in which basic pathology testing procedures will
         be carried out.
        Existing male, female and disabled toilets on the eastern side of the building
         will be retained for occasional staff use, and new male, female and disabled
         toilets will be provided within the clinic for patient use.
        The general practice portion of the medical centre will operate on extended
         hours generally from 7am – 11pm, with most other departments being shut
         down at 8pm. The medical centre will not handle casualty or after hours
         emergency cases. Access to the clinic will be secured during after hours with
         a televised call system at the entry doors being used to link back to reception.

   Refer to Appendix 2 for plans of the proposal




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

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

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

4.   Consultation/Public Submissions
     Public notification of the application

     The application was notified by sending notices to the owners and occupiers of
     surrounding land and by placing a sign on the land for a period of 14 days.
     A public notice was also placed in the Telegraph newspaper. A total of one (1)
     objection was received in relation to the application from a Physiotherapist who
     operates a practice approximately 2 kilometres south of the subject site. The issues
     raised in the objection can be summarised as follows:

            Proposal is not appropriate in a Residential Zone and is more suited to a
             Business Zone;
            A Chemist is prohibited in a Residential Zone;
            Insufficient on-site car parking;
            Access to the site is inadequate;
            Is the use a hospital or medical clinic;
            Off-site impacts on adjoining sensitive uses require consideration;
            Insufficient details regarding signage.

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

     Council also received one letter of support for the proposal from a landowner to the
     south of the site, who looks forwards to the completion of the project “…for the
     betterment of the Station Road precinct and the Melton Shire Community…”

     Referral of the application

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

         Authority / Department    Response
         VicRoads                  No objections and no conditions.
         Engineering Services      No objections. Conditions to be placed on permit.




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ORDINARY MEETING                                                               28 JUNE 2004


5.   Issues
     Melton Planning Scheme

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

     State Planning Policy Framework (SPPF)

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

           Planning for Urban Settlement (Clause 14.01);
           Noise abatement (Clause 15.05);
           Activity Centres (Clause 17.01);
           Business (Clause 17.02);
           Health Facilities (Clause 18.06)

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

     The proposal is consistent with this State Policy as the proposal makes good use of
     an existing building used previously for commercial purposes, is adjacent to the
     commercial area of Melton, and represents a more appropriate land use than the
     previous retail plant nursery, having regard for the sensitive residential areas that
     abut the site to the south-west and west.

     The Noise Abatement Policy at Clause 15.05 of the Melton Planning Scheme aims to
     assist the control of noise effects on sensitive land uses. It is not expected that the
     proposed use will create any detrimental noise affects on surrounding sensitive land
     uses, and appropriate conditions requiring compliance with relevant EPA Noise
     policies can be placed on the permit. In addition, the applicant has advised that no
     noise from ambulances is expected as the facility will not handle emergency cases,
     and there should be no circumstances where an ambulance would need to use a
     siren within close proximity to the clinic. Noise from patients and doctors, cars, and
     the building should not exceed normal ambient noise levels. The proposal is
     consistent with the State Noise Abatement Policy.




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ORDINARY MEETING                                                            28 JUNE 2004

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

   The Health Facilities Policy at Clause 18.06 of the Melton Planning Scheme aims to
   assist the integration of health facilities with local and regional communities. The
   proposal is consistent with this policy since the Medical Centre:

         Will cater for a growing demand for such facilities in Melton;
         Will cater for a range of uses within the Medical Centre;
         Is highly accessible by both public and private transport; and
         Has adequate car parking on-site for staff and visitors.

   Local Planning Policy Framework (LPPF)

   Municipal Strategic Statement

   Clause 21.04-1 of the Melton Planning Scheme forms part of Councils‟ Municipal
   Strategic Statement and sets Councils‟ vision for the future strategic direction of the
   Melton Township. It is Councils‟ objective to continue to develop Melton as the pre-
   eminent civic, employment, education and retail centre. In particular, the High Street
   shopping strip is to act as a sub-regional centre, which will be preserved as Melton‟s
   centre for business, civic and professional services. Although the subject site is not
   located on High Street, it is located within easy walking distance of the High Street
   Shopping strip, and the use of the land for a Medical Centre will help to fulfil Councils‟
   aims of maintaining the High Street Shopping strip as the main activity area in the
   region.

   Local Planning Policies

   The Residential Land Use Policy at Clause 22.01 of the Melton Planning Scheme
   has specific policies for the Melton Township, which includes:

         Non-residential uses such as consulting rooms will only be favourably
          considered in residential areas in busy location such as High Street, Coburns
          Road, Station Road and Unitt Street, Melton

   The proposal clearly meets the above policy, as it is a non-residential use in a
   Residential Zone and is located on Station Road. The site is also in close proximity to
   the High Street Shopping strip, further ensuring consistency with the above policy.




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ORDINARY MEETING                                                             28 JUNE 2004

   The Employment Policy at Clause 22.05 of the Melton Planning Scheme aims to
   create an environment conducive to economic growth and wealth generation, and
   aims to provide a range of employment opportunities for a variety of skill levels and
   qualifications. The proposal is consistent with this policy, as it will create employment
   opportunities for up to 21 specialist practitioners (including Doctors, Radiologists,
   Dentists, Physiotherapists etc…) as well as administrative staff, receptionists and
   cleaners.

   Overall, it is considered that the proposal is consistent with the relevant State and
   Local Planning Policies.

   Residential One Zone

   The site is within a Residential 1 Zone under the jurisdiction of the Melton Planning
   Scheme, and is not affected by any overlay controls. Pursuant to Clause 32.01-1 of
   the Melton Planning Scheme, a permit is required to use the land for the purpose of a
   Medical Centre. A permit is also required pursuant to Clause 32.01-6 of the Scheme
   to construct a building or carry out works associated with a Medical Centre.

   It is considered that the proposal is consistent with the objectives of the Residential 1
   Zone given the proposed use, and its‟ locality at the periphery of the High Street
   Shopping strip. A chemist is a permitted use in the Residential 1 Zone if the use is
   ancillary to a related use, such as a medical centre.

   Comment

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

   The use of the land, and the minor re-development of the existing building on the site
   is considered appropriate. A medical centre is an acceptable non-residential use in a
   Residential Zone, and the previous commercial use of the land has led to the
   erection of the existing building on the site, as well as the substantial car parking
   provision. The use is not expected to be detrimental to the amenity of the locality,
   and in particular the more sensitive residential land uses adjacent to the site. The site
   is well located in terms of its‟ proximity to the High Street Shopping strip, and will
   likely provide spin-off benefits for the Shopping strip, and will result in greater medical
   facilities for the wider community, which are currently lacking.

   Objections

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




                                                                                     Page 90
ORDINARY MEETING                                                           28 JUNE 2004

         The site is zoned Residential and is not suitable for such a use, and a more
          appropriate area for the use is within a Business Zone.

          As stated previously, a medical centre is an acceptable non-residential use in
          a Residential Zone, and the objectives of the Residential One Zone include
          allowing a range of non-residential uses in appropriate locations. The
          Municipal Strategic Statement encourages non-residential uses, such as
          consulting rooms to be located along major roads, such as Station Road, so
          the proposal has strong support from the provisions of the Melton Planning
          Scheme. In addition, the site is well located in terms of its‟ proximity to the
          High Street Shopping strip, and will likely provide spin-off benefits for the
          Shopping strip, and will result in greater medical facilities for the wider
          community, which are currently lacking.

         The use of Chemist is prohibited in a Residential One Zone.

          Given that the site is within a Residential One Zone, a stand alone Chemist
          would be a prohibited use as it is deemed to be a „Shop‟. However, in this
          scenario, and given that the Chemist is to occupy only 95 square metres of a
          1830 square metre building, which is to be used as a medical centre, the
          Chemist component of the use could be deemed to be ancillary to the primary
          use of the land, which is as a medical centre. The use of the Chemist will need
          to remain ancillary to the use of the land for a medical centre at all times, and
          this can be placed on the permit as a condition.

         Insufficient Car parking and access to the site.

          This is probably the major issue that could lead to potential detriment to
          adjoining land. However, it is considered that there is sufficient on-site car
          parking spaces and access to cater for the proposal. In addition, the site is
          accessible by public transport. Car parking on the site is provided for a total of
          108 cars, including 4 disabled persons‟ car spaces. The applicant has
          provided the following as justification for the proposal based upon car parking
          numbers vs practitioners, and the analysis seems reasonable:

   “Clause 52.06-5 of the Melton Planning Scheme gives a requirement of 5 car spaces
   per practitioner. Generally these parking codes are formulated around significantly
   smaller clinics than this one and the ratio of parking to practitioners becomes difficult
   to calculate. In determining the number of practitioners occupying the building at any
   one time, the following assessment is made:

         Number of General Practitioner rooms is 17. Number expected to be used at
          any one time is 12;
         Number of Specialists rooms is 5. Number expected to be used at any one
          time is 3;
         Radiology is operated by one radiologist and is therefore equal to one
          practitioner;
         Similar for Dental and Physiotherapy;
         Pathology lab is operated by one technician and is not visited by the public.




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ORDINARY MEETING                                                             28 JUNE 2004

   Total number of Practitioner rooms used in the calculation is therefore 18. Parking
   requirement based upon this is 90. Given there is 108 vehicles provided there is a
   surplus of parking…”

   Councils‟ Engineering Department and VicRoads have not raised the number of on-
   site car parking spaces, or access as an issue, and has not advised that the proposal
   is deficient in this regard. Given the number of on-site car parking spaces and
   existing access, the availability of public transport and characteristics of the use, it is
   not expected that there will be any problems with car parking or access on the site.

         Is the proposal a Hospital or Medical Centre?

         The applicant has applied to use the land as a Medical Centre, and although
         there is a range of different practitioners proposed, the proposal is defined in
         the Melton Planning Scheme as a „Medical Centre‟, as health services will be
         provided to outpatients only. The proposal is not a „Hospital‟ since there is no
         proposed „in-patient‟ services.

         Off-site impacts to sensitive land uses.

         The buildings, and most car parking and landscaping areas already exist on
         the site. Only minor alterations are proposed to the building and car parking
         areas. It is not expected that the proposal will result in detrimental off-site
         impacts for adjoining residential areas, and this is reinforced by there being no
         objections received from any of the adjoining residential properties. Permit
         conditions can protect the amenity of sensitive land uses and will include limits
         on hours of operation, baffled lighting and noise in accordance with EPA
         standards.

         Insufficient detail for signage.

         The applicant has provided details of all signs and these are shown on the
         plans as being acceptable and of a scale in keeping with the size of the
         building. There has been no detail of the proposed Pole Sign to replace the
         existing pole sign beyond the size and location. A detailed plan of wording and
         colour scheme of this sign can be requested as a condition of permit.

         Advertising sign controls within a Residential One Zone are classified as being
         within a High Amenity Area, which aims to ensure that signs are orderly, of
         good design and do not detract from the appearance of the building on which
         the sign is displayed or the surrounding area. Business Identification signs,
         internally illuminated signs and pole signs are all subject to planning
         permission, and are not prohibited. Having considered the type of signs
         proposed, wording, scale of the building and the surrounding area, it is
         considered that the signs are of an appropriate design and scale for the
         proposal, however, suitable baffles will need to be provided to ensure that no
         light is emitted beyond the boundaries of the subject land, so as to distract
         nearby motorists or residents.




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ORDINARY MEETING                                                            28 JUNE 2004


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

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

     The site represents an ideal location for a medical centre use, given that it is at the
     periphery of the High Street Shopping strip, has sufficient car parking and good
     access to public transport. Importantly, there is strong support for the proposal via
     State and Local Planning policies and Councils‟ Municipal Strategic Statement.




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ORDINARY MEETING                                                           28 JUNE 2004


 ITEM NO 16                                              FILE NO: 2395
                                                         Grant Thorne/jb



              EXFORD ROAD TRAFFIC MANAGEMENT WORKS
PURPOSE OF REPORT:

The purpose of this report is to update Council on the further consultation undertaken,
including the hearing of submissions, and to recommend proposed treatment for Exford
Road



RECOMMENDATION:
1.    That Council acknowledge the 13 submissions received consisting of 11 letters and
      2 petitions following the further consultation undertaken in accordance with Section
      223 of the Local Government Act 1989.

2.    That Council adopt Option A as detailed in the Council report as the recommended
      option.

3.    That Council write to the 11 people who made submissions and the covering author
      of the 2 petitions advising of Council‟s resolution.

Motion:

Crs Papas/Ramsey.

1.    That Council acknowledge the 13 submissions received consisting of 11 letters and
      2 petitions following the further consultation undertaken in accordance with Section
      223 of the Local Government Act 1989.

2.    That Council adopt Option E as detailed in the Council report as the recommended
      option.

3.    That Council write to the 11 people who made submissions and the covering author
      of the 2 petitions advising of Council‟s resolution.

                                                                               CARRIED


REPORT
1.   Background
     Council‟s 2002/2003 Capital Works Budget included a new initiative to the value of
     $45,000 to undertake changes to the traffic management measures in Exford Road
     adjacent to Melton South shops.



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ORDINARY MEETING                                                          28 JUNE 2004

   The removal of the existing central median, which was the intention of the proposed
   capital works item, has generated a large amount of discussion among the shop
   traders and residents of the area. These concerns have principally related to
   increased access from the shop trader‟s perspective and from the residents
   prospective the reduction of their safety due to the removal of the island.

   Following is a brief history of the traffic management of this area.

         In 1995 Sinclair Knight Merz undertook the Melton South Traffic Study, which
          addressed a larger geographic area and included a recommendation to install
          a median island to improve the road safety within this area.
         Council installed the median island in 1999/2000 financial year.
         Councils 2002/2003 Capital Works Program included funding to remove the
          island within the intention of creating better right turn access into the car
          parking bays adjacent to the shops.
         Council sent out Version 1 concept plans for initial consultation on 28 January
          2003. This drawing was principally sent to residents and traders on Exford
          Road between the railway line and Brennan Street.
         Council received a petition on 18 February 2003 from the wider community
          and this petition was presented to the 31 March 2003 Ordinary Council
          meeting, which endorsed further consultation by undertaken regarding the
          proposed works.
         An onsite meeting with the traders was held in February 2003 to discuss the
          concept plan.
         Council undertook further consultation on 21 March 2003 and sent Version 2
          of the plan out to a wider area which included residents and shop traders on
          Exford Road between the railway line and Brennan Street and all the residents
          of Toolern Street. Letters have been received from both the shop traders and
          residents concerning the Version 2 plan presented. These concerns have
          varied from the reduced safety caused by the removal of the island or part of
          the island, to the dangers of people doing illegal manoeuvres, which are
          currently prohibited by the island, to the removal of the island not providing
          access to all car parking bays.
         Council engaged Connell Wagner Pty Ltd to undertake a review of the
          previous SKM Report and to prepare further options to address the issues.
         A joint meeting between representatives of the residents of Toolern Street and
          the shop traders was held on 12 February 2004 to review the options identifies
          in the report.
         A public notice was placed in the 20 April 2004 editions of the Melton Leader
          and the Melton Express Telegraph calling for submissions on the proposed
          works.
         Letters were also sent out directly to residents in Exford Road between the
          railway line and Brennan Street and also to residents in Toolern Street,
          advising them directly of the proposed works and the opportunity to make a
          submission to Council.




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ORDINARY MEETING                                                            28 JUNE 2004


2.   Corporate Planning Reference and Policy Reference
     Key Direction – Roads and Facilities

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

3.   Financial Considerations
     Provision has been made in the draft 2004/2005 Council Budget under the local area
     traffic management program for an amount of $250,000 to address this issue.

4.   Consultation/Public Submissions
     As detailed in the background section of this report, extensive consultation has been
     undertaken over a significant period of time regarding these proposed works.

     Following the 29 March 2004 Ordinary Council Meeting, which resolved to undertake
     further consultation a public notice, was placed on 20 April 2004 in both the Melton
     Leader and the Melton Express Telegraph. In addition to the public notice a total of
     51 letters were directly sent to residents in Exford Road between the railway line and
     Brennan Street and also the residents in Toolern Street directly advising them of the
     works and the opportunity to make a submission. A total of 13 submissions were
     received following this further consultation. The 13 submissions consisted of 11
     letters and 2 petitions. 10 of the letters and one of the petitions state that they are
     opposed to option 5. There is one letter of support in regards to Option 5 and the
     second petition cannot be clearly identified whether those signatories to the petition
     are opposed to or support the preferred option.

     Submissions received are attached as Appendix 1

     On 15 June 2004 those groups who made a submission in response to the public
     notice were given the opportunity to present their submission to a Special Committee
     of Council. Of the 13 submissions received, 8 expressed interest in presenting their
     submission to the Committee.

     Of the 8 residents who expressed interest in presenting their submission to Council,
     6 of the 8 made a presentation to Council. In summary, of the 6 residents who
     presented a submission to Council, 5 were opposed to Option 5 and 1 in support.

     Those residents opposed to Option 5 were opposed to it for many reasons which
     included:-

          The existing treatment in Exford Road has improved the safety of the area and
           operates well, and does not need to be changed.
          Vehicles exiting Toolern Street without the protection of the concrete median
           will no longer be able to prop half way across the road with the protection of
           the median.



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ORDINARY MEETING                                                          28 JUNE 2004

        No right hand turn out of Cheryl Street will impact on those residents in Cheryl
         Street, Porter Street, Leggatt Street.
        Parking in front of the shops can be freed up by the traders not parking in
         those spots for customers.
        The proposed roundabout at the corner of Exford Road and Staughton Street
         will remove on street parking in front of those properties on the east side of
         Exford Road.
        The introduction of the roundabout at Staughton and Exford Road will make
         access to the existing driveways for 2 properties on the east side of Exford
         Road more difficult.
        Concern that the introduction of roundabout at Exford Road and Staughton
         Street may cause accidents with vehicles potentially ending up through the
         front fences of those properties adjacent to the properties adjacent to the
         roundabout.
        The existing bicycle lane along Exford Road will be removed as part of the
         proposed works.
        A reduced speed limit with the existing central median will assist in the traffic
         flow in the area.
        Concern that south bound traffic will bank up at the Staughton Street
         roundabout and result in traffic banking up over the railway lines, with potential
         conflict with the boom gates.
        With further residential development proposed in Melton South, the
         introduction of the roundabouts will impede the traffic flow through this section
         of Exford Road.
        With the introduction of the roundabouts at Staughton Street and Brennan
         Street and the proposals in Melbourne 2030 to increase property density
         around activity centres the roundabouts will reduce potential development due
         to property access difficulties.
        The current central median has reduced the number of accidents except for
         some minor collisions, which happen in all areas.

   The submission in support of the proposed Option 5 listed the benefits as

        A general benefit to Melton South and lifting the visual appearance of the area
        Improve traffic flows due to the introduction of roundabouts,
        The traders objective of increased access to parking is achieved by Option 5.
        The Option includes the removal of the parking on the east side of Exford
         Road and that it is only a matter of time regardless of these works before the
         parking on the east side of Exford Road needs to be removed as it causes
         congestion.
        Roundabout will facilitate better traffic flow at the intersection of Staughton
         Street.
        The introduction of 2 roundabouts will slow traffic and will separate through
         traffic from shopping traffic.




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ORDINARY MEETING                                                            28 JUNE 2004


5.   Issues
     The issues surrounding the proposed traffic management works in Exford Road are
     many and complex. There are a variety of views on the proposed works which range
     from concern for the overall impact of the works on the wider area down to individual
     concerns related to particular properties and businesses.

     The original intention of the works was to increase accessibility for parking for
     southbound traffic in Exford Road to enhance the businesses. In trying to achieve
     this objective a large number of issues and concerns have arisen, as detailed in this
     report and previous Council reports on this issue. The original report undertaken for
     Council by SKM recommended the installation of the existing concrete median, the
     pedestrian crossing which currently exist on site. To address the issue raised
     regarding increasing accessibility to the car parking on the west side of Exford Road,
     Council undertook a further study through Connell Wagner Pty Ltd which developed
     the 6 options which have previously been presented to Council. Of those 6 Options,
     Option 5 was identified as the preferred Option as per the recommendation in the
     Connell Wagner report.

     The recommendation in the Connell Wagner report identified as Option 5 the
     favoured option, but recommended further consultation be undertaken with those
     directly affected by the works and the wider community of Melton South.

     Following further consultation with those directly affected by the works and the wider
     community, there is still no strong consensus on the works required to satisfy the
     objective of increasing accessibility to parking, without their being negative impacts
     on other existing properties particularly in Exford Road. Therefore there is a balance
     between increasing accessibility to parking, for the businesses balanced against
     reducing parking and potentially making it more difficult to access properties, in
     particular on Exford Road in the vicinity of Staughton Street.

     Given the importance of Exford Road as the major north-south road within the Melton
     South area, which feeds not only Melton South but also areas further south of Melton
     including the future Eynesbury Development, and also regional access to Geelong
     etc, any works proposed in Exford Road must be balanced against all objectives.

     Part of the original objective of increasing the accessibility to the car parking on the
     west side of Exford Road, was to enhance the businesses adjacent to Exford Road.
     Another means of enhancing those businesses is to undertake streetscape
     improvements in the area to improve the attractiveness of visiting the area. In
     considering this as an Option, it leaves the status quo in relation to the traffic
     management works.

6.   Options
     There are a number of options available to Council.




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ORDINARY MEETING                                                           28 JUNE 2004

   Option A

   Involves leaving the existing concrete median in place, and undertaking some
   landscape/streetscape works in the vicinity to enhance the appearance of the area.
   Investigating the possibility of constructing a left and right stand-up lane in Staughton
   Street to enhance the traffic flow out of Staughton Street into Exford Road. The
   provision of a future roundabout at the intersection of Station Road and Brooklyn
   Road, which Council has applied for under the Federal Blackspot Program, and
   reducing the speed limit through the area after consultation with Vic Roads to 50kph.
   Encouraging the existing Traders Association to work with Council‟s Economic
   Development department to develop the area.

   Positives

         Improves the visual amenity of the area,
         Ease congestion in Staughton Street (depending on the feasibility of
          constructing a left and right stand-up lane)
         The future provision of a roundabout at the corner of Station Road and
          Brooklyn Road will provide gaps in the traffic in Exford Road, which will enable
          greater movement out of Staughton Street and Toolern Street.
         Maintains parking on the east side of Exford Road.
         Reduces the speed limit and improves safety.
         Maintains traffic capacity on Exford Road to deal with the future growth in
          traffic movements due to developments in the area.
         An active Traders Association will provide support for all businesses.

   Negative

         Maintains the status quo in relation to south bound traffic accessing the
          parking on the west side of Exford Road.

   The estimated cost of Option A excluding the roundabout at the intersection of
   Station Road and Brooklyn Road is $150,000.

   Option B

   Adopt Option 5 as outlined in the Connell Wagner Pty Ltd report. This option
   involves the construction of roundabouts at Staughton Streets and Brennan Street
   and a protected service road adjacent to the shops to enhance accessibility to the car
   parking.

   Positives

         The increased accessibility to the parking on the west side of Exford Road.
         The roundabout at the corner of Staughton Street and Exford Road will assist
          traffic to exit Staughton Street.
         Increases the number of car parks available on the west side of Exford Road.
         Reduces the speed limit in Exford Road and improves safety.




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ORDINARY MEETING                                                         28 JUNE 2004

   Negatives

        Removes the bicycle lane on the east side of Exford Road and removes
         parking on the east side of Exford Road,
        Potentially increases the difficulty to access the properties in Exford Road in
         the vicinity of the 2 roundabouts.

   The estimated cost of Option B is $250,000

   Option C

   Do nothing. This option involves leaving the existing conditions and undertaking no
   works.

   Positives

        Maintains the parking on the east side of Exford Road
        Maintains the bicycles lane in Exford Road.

   Negatives

        Does not address access to the parking on the west side of Exford Road.
        Does not enhance the business area in any way and does not address the
         congestion in Staughton Street.

   The cost of Option C is $0

   Option D

   Undertake further consultation. This option involves establishing a working party,
   consisting of relevant stakeholders including residents, traders, transport operators,
   and Council to consider further options for the development of this area.

   Positives

        May potentially find another solution to those already proposed.

   Negatives

        Potentially extends the anxiety in the area, as existing work has been going for
         2-3 years with no consensus on the outcome and therefore further
         consideration of options may also lead to the same result.

   The estimated cost of Option D is unknown.




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ORDINARY MEETING                                                           28 JUNE 2004

     Option E

     Construct portions of Option 5 as identified in the Connell Wagner Pty Ltd report with
     works as identified below:

          Construct the roundabout at Exford Road/Brennan Street, remove the existing
           concrete median and create the service road on the western side of Exford
           Road, relocate the pedestrian crossing to allow for the construction of the
           service road, modify the intersection of Staughton Street and Exford Road to
           provide two stand-up lanes, construct the roundabout at Brooklyn Road and
           Station Road and remove the parking on the eastern side of Exford Road.

     Positives

          Provides increased access to the parking on the western side of Exford Road
           adjacent to the shops.
          By altering the intersection treatment at Staughton Street and Exford Road
           maintains the property access in the vicinity of the intersections.
          Enhances the presentation of the area with the landscaping.
          Reduces the speed limit in Exford Road and improves safety.

     Negatives

          Increased cost of treatment over the budgeted amount.
          Removes the bicycle lane on the east side of Exford Road and removes
           parking on the eastern side of Exford Road.

     The estimated cost of Option E is $437,000

     Conclusion

     Option A is considered the preferred Option, as it maintains the existing safety
     measures provided by the concrete median, improves the visually amenity of the
     area by undertaking streetscape works, improves traffic flows from Staughton Street
     by potentially providing separate left and right stand-up lanes in Staughton Street.
     Considers the roundabout proposed at the corner of Station Road and Brooklyn
     Road as providing some benefit to the area by altering the traffic flow pattens, by
     providing greater gaps in the Exford Road traffic, and reduces the overall speed
     through the area, subject to Vic Roads approval to 50kph.

7.   Conclusion
     The consideration of the issues in relation to the proposed traffic management works
     in Exford Road have been an on-going issue for 2-3 years. Of all the options
     presented to Council there has been no overall consensus within the community of
     which is the preferred option. The concerns expressed regarding the options have
     related to impact on the wider community down to the impact on individual properties
     and businesses.




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ORDINARY MEETING                                                        28 JUNE 2004

   Overall it is felt that there is no recommended option, which will address the issues
   from both the residents and traders perspective. Through the process undertaken by
   Council, in receiving submissions under Section 223 of the Local Government Act
   1989 Council heard first hand the experiences of the residents and the impact that
   the proposed works would have on them. Therefore it is considered Option A
   identified above is the recommended option that Council adopt, as it provides a
   balance of maintaining existing safety and access but also provides improved visual
   amenity for the area. Also the reestablishment of a Traders Association has and the
   potential to attract new businesses to the area and create a more active shopping
   strip.




                                                                              Page 102
ORDINARY MEETING                                                           28 JUNE 2004


 ITEM NO 17                                              FILE NO: 40/90/190
                                                         Susan Pearce



                    2004/05 COMMUNITY FUNDING PROGRAM

PURPOSE OF REPORT:

To inform Council that a review of Council‟s Community Funding Scheme has been
completed with a recommendation presented for endorsement.



RECOMMENDATION:
That Council:

1.    Receive and note the 2003/04 Community Funding Scheme Operational Review as
      exhibited in Appendix 1;

2.    Endorse the 2004/05 Community Funding Program Guidelines as exhibited in
      Appendix 2;

3.    Nominate Councillors to participate on the following selection panels:
               Community Building Program
               Community Hall Subsidy Scheme
               Adopt A Park/Reserve Scheme
               Establishment Support Scheme

4.    Advertise that applications are open for submissions under the 2004/05 Community
      Funding Scheme.

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

Cr Jankovic left the Chamber at 9.19 pm and did not return.


REPORT
1.   Background
     The intent of the Melton Shire Council Community Funding Program is to provide
     financial support to community groups and organisations for the development of
     conservation, leisure, recreation, arts, special event and community development
     programs and / or projects. Funded projects will assist in the advancement of
     individuals, groups and the broader community.



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ORDINARY MEETING                                                         28 JUNE 2004

   The aims of the program include:
   1     To encourage and value the contribution of local residents in enhancing their
         local communities, including the preservation and improvement of the local
         environment.
   2     To celebrate and develop the skills and interests of residents within the Shire
         of Melton.
   3     To foster partnerships between the Melton Shire Council and local
         organisations that strengthens the local community.
   4     To support initiatives that encourages healthy living and social connections.
   5     To promote the activities and features of the Shire of Melton which emphasise
         our regional advantages for residents, businesses and visitors.
   6     To unite the community by creating a positive, dynamic, caring and safe
         community.
   7     To improve sustainable living and build a learning community.
   8     To facilitate and support new local initiatives for community festivals and
         events with a view to developing a partnership approach that encourages
         education and self-sufficiency.
   9     To reflect and promote the cultural richness and diversity of the Shire,
         including heritage qualities.

   The 2003/2004 Community Funding Scheme was deemed extremely successful. In
   total, 91 applications were received for various community projects, with only 19
   being deemed ineligible and 6 unfunded due to insufficient funds available. In total
   Council received funding requests for $227,994.53 (GST exclusive) for projects
   valued at $501,509.77.

   All applicants had completed a standard application form, and were required to meet
   a set list of developed criteria. Applications were then processed and graded by the
   various selection panels assigned to assess each grant program. Following
   consideration, assuring each application was judged equitably according to its merits
   and benefit to the community, a final ranking was given to each project. Outcomes of
   this selection process can be found within the Operational Review as exhibited at
   Appendix 1.

   Following the finalisation of the 2003/04 Community Funding Scheme, an evaluation
   was undertaken to review the performance of the Scheme and make appropriate
   changes in support for the 2004/05 program. The formal review, as found at
   Appendix 1, involved the collation of feedback form the community, Council officers,
   the Melton Leisure & Arts Committee and other selection / adjudication panels.




                                                                               Page 104
ORDINARY MEETING                                                        28 JUNE 2004

   Some key points stemming from the evaluation process included:
        Overlapping information and more examples of questions on the application
         forms;
        Each application form needs to be tailored to the specific program with grant
         weighting and selection criteria also available on the application forms;
        Community Information session‟s to continue;
        Council staff, particularly the Community Funding Officer, be accessible
         outside office normal hour‟s access for community consultation and assistance
         with application writing, particularly leading up to closing deadlines;
        Due to the high volume of new groups establishing in the Community,
         requests for easier access to funds with minimal paperwork for new groups to
         establish;
        Due to the low environmental applications received open up the guidelines to
         include a new scheme and increase participation to a wider community;
        Give funds direct to groups and or organisations;
        Make funding rounds in two sections to allow for new groups and new projects
         that missed the first round.

   Community representatives appreciated the information sessions and the availability
   of Council staff and were impressed by the level of support and information provided
   on the Program by officers of Council.

   As a result of this evaluation process, a revised guideline document has been
   prepared, guiding applicants in their choice of programs to apply for and providing a
   clear understanding of the process involved. Find this revised guideline at
   Appendix 2.

   The structure of the 2004/2005 Community Funding Program is proposed to alter
   from the 2003/04 Scheme. It will provide 3 individual programs and 3 individual
   Schemes for community assistance, as indicated below:

   a)    Community Building Program
   b)    Community Minor Capital Works Program
   c)    Arts, Culture & Events Partnership Program
   d)    Community Hall Subsidy Scheme
   e)    Adopt A Park Scheme
   f)    Establishment Support Scheme

   The Community Building Program - Formally known as the “Community
   Development Program”, aims to encourage and assist community-based
   organisations to undertake projects, which will benefit residents through an improved
   range of leisure, cultural, community development, environmental, health and welfare
   services.


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ORDINARY MEETING                                                          28 JUNE 2004

   Community Minor Capital Works Program - Is designed to contribute to the
   provision of high-quality and accessible multi purpose community facilities and
   recreation reserves.

   Arts, Culture & Events (ACE) Partnership Program – Formerly the “Event
   Partnership Program”, has been remodelled to accommodate both events and arts
   activities. With the strong synergy of cultural activities within events, it was viewed
   as being more closely aligned and supported under the one banner. The program is
   intended to support organisations and recognises the importance of arts, cultural and
   event activity to the life of our community by way of direct sponsorship, in kind
   support and marketing assistance.

   Due to the fact that ACE applicants have the ability to generate income and receive
   financial and marketing benefits from delivering these programs, the funding program
   now requires matching funds (community groups need to match funds either via in-
   kind or financial contribution and commercial groups and schools need to match the
   grant with a cash contribution).

   The Community Hall Subsidy Scheme - Provides financial assistance toward the
   cost of an organised event or program by local community groups, which benefit the
   group and the broader community, held at the Melton Community Hall.

   Adopt a Park Scheme – Is a proposed new program to enable greater
   empowerment by community groups into local open space and other environmental
   areas. Specifically, the scheme offers the opportunity for community groups and
   associations to be allocated up to $5,000, to develop and improve the amenity and
   condition of local parks, reserves and other significant areas of the local environment.

   Establishment Support Scheme – Being a high growth municipality and prohibitive
   issues that hinder community groups from establishing, this scheme is proposed to
   support the establishment of new community groups, clubs and / or associations
   within the municipality. It is intended to assist new groups with their initial
   establishment costs, particularly incorporation and insurance, and other items such
   as stationery and some equipment.

   The “Programs” will be split into 2 funding rounds, whilst the “Schemes” remain open
   and adjudicated on a monthly basis.

   Following Council endorsement, to assist in explaining the Community Funding
   Program, it is proposed to present community information sessions. The Information
   Sessions are scheduled for:

   Round One - Community Funding Scheme Information Session
   Date: Tuesday 13th July 2003
   Time: 7.30pm to 9.30pm
   Venue: Melton Community Hall, High Street, Melton

   Round Two - Community Funding Scheme Information Session
   Date: Tuesday 16th November 2003
   Time: 7.30pm to 9.30pm
   Venue: Melton Community Hall, High Street, Melton


                                                                                 Page 106
ORDINARY MEETING                                                           28 JUNE 2004


2.   Community Planning Reference and Policy Reference
     Shire of Melton 2003-2006 Community Plan:

     Key Direction - Leisure
                 An active community, with leisure choices and opportunities.

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

     Key Direction: Economic Development – create a growing vibrant economy
                 Image and Marketing – a reputation as a vibrant and prosperous Shire.
                 Tourism – an attractive and interesting visitor destination as a vibrant
                  component of Victoria‟s tourism.

     Key Direction: Environment and Sustainability – create a sustainable community that
     protects and enhances its environment.
                 Open Space – a range of open space choices and opportunities that
                  are accessible to the community.

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

     Key Direction – Council Facilities
                 Attractive and safe community facilities that enable maximum usage.

3.   Financial Considerations
     Council has provided an allocation of $230,000 in its 2004/2005 budget, towards the
     Community Funding Program.

     In 2003/2004, some program areas were under subscribed and some were over
     subscribed. In response, the make up of the new program has been adjusted
     reflective of this demand.

                                ROUND ONE FUNDING              ROUND TWO FUNDING
          CATEGORY             Open 1st July 2004 closes      Open 1st November 2004
                                 1st September 2004           closes 27th January 2005
     Community Building              (Total $40,000,                (Total $20,000,
     Program                        max $3,000 each)               max $3,000 each)
     Community Minor                 (Total $50,000,                (Total $20,000,
     Capital Works Program          max $3,000 each)               max $3,000 each)
     Arts, Culture & Events          (Total $35,000,                (Total $15,000,
     Partnership Program            max $4,000 each)               max $4,000 each)
     Community Hall                         (Total $10,000, max $1,000 each)
     Subsidy Scheme


                                                                                 Page 107
ORDINARY MEETING                                                           28 JUNE 2004

                                ROUND ONE FUNDING              ROUND TWO FUNDING
          CATEGORY             Open 1st July 2004 closes      Open 1st November 2004
                                 1st September 2004           closes 27th January 2005
     Adopt-A-Park Scheme                     (Total $30,000, max $5,000 each)
     Establishment Support
                                             (Total $10,000, max $1,000 each)
     Scheme


4.   Consultation/Public Submissions
     The proposed changes to the 2004/05 Community funding Program, are in response
     to community feedback, both verbal and in writing from community groups, the
     Melton Leisure & Arts Committee, Councillors and Council staff during the 2003/2004
     assessment and evaluation process.

     The 2004/05 Community Funding Scheme was developed after an operational
     review of the previous program to ensure that Council was receiving an optimal
     return on its funding. There has been a concerted effort to streamline methods with
     the aim of adopting a common process that is simpler and easier to access for
     applicants.

     Internally, it is proposed this year to have only 3 Program categories which will have
     major assessment panels and 3 Scheme categories which will have simpler
     applications forms, enabling assessment to be made individually by selection panel
     members and collated by the Funding Officer, as opposed to monthly panels
     meetings.

     In addition, officers have developed a consistent timetable that incorporated
     mechanisms for continuous feedback and quality improvement to the Program and
     its administration.

     Selection panels have been developed to accommodate relevant representatives
     from Council and community to assess each of the programs and schemes. The
     format of these panels can be viewed in the below table.

                  Program                                    Selection Panel
                                         Manager Family Youth, Social Development &
                                         Housing
                                         Social Development Officer
      Community Building Program         Aged and Disability Officer
                                         Tourism & Leisure Services Officer
                                         Children‟s Services Officer
                                         Councillor
                                         Melton Leisure & Arts Committee (note committee
      Minor Capital Works Program
                                         includes 3 officers of council and councillor)
                                         Melton Leisure & Arts Committee (note committee
                                         includes 3 officers of council and councillor)
      ACE Program
                                         Special Events Officer
                                         Tourism Development Officer




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ORDINARY MEETING                                                             28 JUNE 2004

                   Program                             Selection Panel
                                    Community Facilities Booking Officer
      Community Hall Subsidy Scheme Administration Services Officer
                                    Councillor
                                    Parks Operations Coordinator
                                    Recreation Development Officer
      Adopt A Park Scheme
                                    Environmental Services Officer
                                    Councillor
                                    Leisure & Culture Team Leader
                                    Social Development Officer
      Establishment Support Scheme
                                    Leisure Services Officer
                                    Councillor

     All applications are examined and tested by the Community Funding Officer prior to
     adjudication by these selection panels. Other officers of Council will also be involved
     with this initial process to ensure all planning, environmental or building controls have
     been addressed in the nature of the project and / or the application form.

     The Melton Leisure and Arts Committee has been identified as the most appropriate
     source to gain feedback, advice and / or consultation prior to endorsement of any
     application.

5.   Issues
     Given the nature of projects and some timelines within the Community Funding
     Program, it is proposed to adjust the Council reporting mechanism. Given some
     applicants abilities to secure budgets and meet project timeframes within the
     prescribed time allocations, it is proposed to provide greater authority in the decisions
     made by the selection panels.

     Given tighter criteria established and transparency in the application processes, the
     ability for officers to act on the recommendations of the selection panels will greatly
     assist community organisations achieving their project goals. Officers would
     continue to report to Council annually or bi annually as to the issues and outcomes of
     the Program.

     Council has appointed a part time Community Funding Officer during the 2003/04
     financial year, who processes all applications, handles general enquiries and ensures
     efficiencies of operation amongst the various programs. The appointment of this
     position has greatly assisted in the efficiency and promotion of the Funding Program.

     However, there is need for ownership or greater involvement of the program to be
     extended across other areas Council. Should further Council officers encourage
     applications throughout the community and embrace the value of the Community
     Funding Program, this will only enhance the quality of applications, ensuring the
     Program is effectively meeting all community needs.

6.   Options
     Not Applicable



                                                                                   Page 109
ORDINARY MEETING                                                          28 JUNE 2004


7.   Conclusion
     The Community Funding Scheme provides a significant vehicle for Council to
     celebrate the skills and interests of residents within the Shire of Melton and foster
     partnerships between Council and local organisations that enhance and strengthen
     our community.




                                                                                Page 110
ORDINARY MEETING                                                             28 JUNE 2004


    ITEM NO 18                                            FILE NO: 40/200/30/6
                                                          Shan Thurairajah



YEAR 2004 REVALUATION - LEVELS OF VALUE AS AT 1 JANUARY, 2004

PURPOSE OF REPORT:

To inform the Council that the General revaluation for 2004 has now been received from
the Council‟s Valuer L G Valuations Pty Ltd for Council‟s consideration.



RECOMMENDATION:
That Council adopt the General Revaluation for 2004 as returned by Council‟s Valuer, L G
Valuations Pty Ltd, specifically being:

      Site Value:                     $3,522,819,000

      Capital Improved Value:         $7,055,603,800

      Net Annual Value:               $ 368,689,360

Crs Elliott/Stock. That the recommendation be adopted.

                                                                                 CARRIED



REPORT
1.    Background
      Section 13 DC (5) of the Valuation of Land Act 1960 requires that a valuation of
      rateable land should be made every two years. The last revaluation was returned in
      2002 and included in rates calculation for 2002/2003 and 2003/2004 years.

      The valuer returned three separate valuations for all rateable land for 2004. The
      Valuer General of Victoria has confirmed the level of valuations returned by Council‟s
      Valuer.

      The three valuations returned are as follows.

      Site Value (SV) – is defined as the market value of the land only

      Capital Improved Value (CIV) – is defined as the total market value of the land plus
      buildings and other improvements




                                                                                  Page 111
ORDINARY MEETING                                                            28 JUNE 2004

     Net Annual Value (NAV) – is defined as the current value of a property‟s net annual
     return i.e. gross annual rental less all outgoings such as Land Tax, building insurance
     and maintenance costs etc, (but excluding Council rates). By law, NAV must be at
     least 5 per cent of the CIV.

     All valuations are required to be assessed at a particular date, which in this instance
     was determined by the Minister to be 1 January 2004. The valuations, which are
     now being returned to Council for adoption, will become operative from
     1 July 2004.

     The Valuation returned reflects the overall increase in property market. All sub
     market groups have increased in valuation compared to January 2002 valuations.

     The attached Appendix 1 provides details of movement for Median property value
     for each sub market group within the Shire.

     The Certificate of Valuation and Return for 2004 General Revaluation provided by
     Council‟s Valuer is attached. (Appendix 2) This certificate reflects that the rateable
     valuation of the Shire have increased over 92% since the last general revaluation two
     years ago.

2.   Community Planning Reference and Policy Reference
     Council‟s Community Plan 2003-2006 commits to meeting the requirements set by
     The Valuer General‟s Office.

     In our Corporate Plan we pledge to provide our ratepayers with an economically
     viable future.

3.   Financial Considerations
     The increase in rateable valuation strengthen the Council‟s rate base and provide
     opportunity to raise Council‟s rate revenue in the future years.
     The cost involved in obtaining the new valuation is included in 2003/2004 budget.

4.   Consultation/Public Submissions
     Ratepayers have a right under section 16(1) of the Valuation of Land Act 1960 to
     object to the valuation of their properties. This objection can be made within two
     months of receiving their rate notice and information on the objection process is
     included on the rate notice.

5.   Issues
     The variance in the level of increase in valuation across market sub groups and
     locations will result in some ratepayers paying substantially increased rates. However
     as the valuation closely reflects the market value of the properties, the significant
     increases these properties experience is a result of market forces not Council policy.




                                                                                  Page 112
ORDINARY MEETING                                                      28 JUNE 2004


6.   Options
     There is no option available as the Valuation returned is approved by the Valuer
     General.

7.   Conclusion
     That Council adopts the recommendation of this report.




                                                                           Page 113
ORDINARY MEETING                                                             28 JUNE 2004


 ITEM NO 19                                                 FILE NO: 40/20/50
                                                            C Hock/ chee



                            MUNICIPAL AUDIT COMMITTEE

PURPOSE OF REPORT:

This report advises Council of the minutes of the Municipal Audit Committee meeting held
on 9th June 2004 and recommends actions emanating from the minutes.



RECOMMENDATION:
That:

1.       The unconfirmed minutes of the Municipal Audit Committee of 9th June 2004 be
         noted; and

2.       Council endorse the recommended actions as detailed in the minutes of the
         Municipal Audit Committee Meeting held on 9th June 2004.

Cr Papas left the Chamber at 9.25 pm

Crs Elliott/Watson. That the recommendation be adopted.
                                                                                  CARRIED

Cr Papas returned to the Chamber at 9.26 pm



REPORT
1.      Background
        It is a requirement within the Terms of Reference of the Municipal Audit Committee to
        meet and report its decisions and recommendations to the Council for consideration.

        Copy of the minutes of the meeting held on 9th June 2004 is attached as Appendix 1

2.      Corporate Planning Reference and Policy Reference
        Council‟s Community Plan 2003 – 2006 commits to effectively managing Corporate
        Risk, partly through undertaking an Internal Audit Program.




                                                                                   Page 114
ORDINARY MEETING                                                          28 JUNE 2004


3.   Financial Considerations
     A provision has been provided in this year‟s budget for the remuneration on a fee per
     meeting basis for independent members of the Committee, with an optional
     additional amount paid to the Chairperson.

     The cost of running the Internal Audit Unit is listed in the Internal Audit Program
     within the Council Annual Budget.

4.   Consultation/Public Submissions
     The Municipal Audit Committee consists of Councillor Elliott, Councillor Jankovic and
     three independent external audit members Mr. Ken Higginbotham as Chairperson,
     Mr Adam Roberts and Mr David Soderblom.

5.   Issues
     Issues discussed and recommendations made by the Committee are noted in the
     minutes for action by both individuals and Council.

6.   Options
     The Audit Committee is an advisory committee of Council, and Council therefore has
     the discretion to accept, reject or amend its recommendations.

7.   Conclusion
     The decisions and recommendations reported in the minutes are now tabled to the
     Council for consideration.




                                                                                Page 115
ORDINARY MEETING                                                        28 JUNE 2004


 ITEM NO 20                                            FILE NO: 3695/402
                                                       P.Bright / pb



           NAME CHANGE - GOURLAY ROAD PRIMARY SCHOOL

PURPOSE OF REPORT:

To seek Council‟s approval to submit a recommendation to the Registrar of Geographic
Place Names that the name of Gourlay Road Primary School be renamed Parkwood
Green Primary School.



RECOMMENDATION:
1.    That Council forward a recommendation to the Registrar of Geographic Place
      Names that Gourlay Road Primary School be renamed Parkwood Green Primary
      School.

2.    That the statutory notifications as required by the Geographic Place Names Act be
      undertaken.

Crs Stock/Watson. That the recommendation be adopted.

                                                                              CARRIED



REPORT
1.   Background
     Although schools in Victoria are under the management of the Education Department
     of Education and Training (“the Department”), the Geographic Place Names Act (“the
     Act”) provides for Council to carry out the public consultation phase of the naming
     process and provide a recommendation to the Registrar of Geographic Place Names
     (“the Registrar”).

     On 13 February 2004, Council received a letter from the Department (Appendix 1)
     requesting that Council complete the statutory process for the name change of
     Gourlay Road Primary School to Parkwood Green Primary School. The school is
     located in the Parkwood Green Estate and is adjacent to the Council community and
     sporting facility located on the Council reserve Catherine Drive, Hillside.




                                                                              Page 116
ORDINARY MEETING                                                              28 JUNE 2004


2.   Community Planning Reference and Policy Reference
     Two of the five key principles of the 2003-2006 Community Plan are consultation and
     governance. Council‟s participation in this naming process reflects these two
     principles.

3.   Financial Considerations
     There are no financial considerations for council other than relative staff and other
     costs in complying with the procedures as prescribed by the Act.

4.   Consultation/Public Submissions
     Attached as Appendix 2 is the submission from Mr Eric Sealey, the Executive Officer
     of the Interim School Council, to the Department outlining the public consultation
     undertaken before the name change request was submitted to that organisation.

     This submission has been reviewed by the relevant council staff and it is deemed
     that the consultation undertaken by Interim School Council has been comprehensive
     and meets the requirements of the Act.

     The public consultation Council required to be undertaken is as follows:
           Give public notice of the proposal: Council placed a public notice in the Star
            newspaper, which is generally circulated on in the community surrounding the
            school location, 12 May 2004 advising that any interested parties who wish to
            make comment on the proposal would need to do so in writing and within 14
            days of the publication of the notice. There were no submissions received.
           Advise relevant government departments, emergency services and utility
            agencies of the proposed change and seek their comment on the proposal.
            There were no objections received although there were four responses from
            the addressees advising that there were no objections to the proposal.

5.   Issues
     The name “Gourlay” is of historic significance and refers to a family of early settlers in
     the immediate area. The road name has been in existence for over 80 years and
     recognises the contribution of those pioneers of the district.

     The school has no direct access to Gourlay Road and as advised previously in this
     report, is located adjacent to the Parkwood Green Reserve on which there are a
     number of community facilities. It would be more appropriate for the school to have
     the name “Parkwood Green Primary School” for community familiarity and
     association between the Council facilities and the School.

6.   Options
     Council has the option of either approving or not approving the recommendation
     contained in this report.




                                                                                    Page 117
ORDINARY MEETING                                                         28 JUNE 2004

     Should the recommendations be adopted, Council would be required to advise the
     Registrar in writing. The Registrar‟s Office would then review the documentation to
     ensure that the correct procedure has been followed and then publish a notice in the
     Government Gazette to the effect that the official school name is now “Parkwood
     Green Primary School”. Once the Gazette notice has been published, Council is
     required to notify relevant government departments, emergency services and utility
     agencies.

     If Council decided not to adopt the recommendations, then it would be required to
     write to the Registrar, the Department and School advising of the reasons why the
     name should not be adopted.

     There are no demonstrable reasons why the name should not be adopted.

7.   Conclusion
     As the naming process has been completed in accordance with the Act, it is
     appropriate that Council forward a recommendation to the Registrar that the name
     “Parkwood Green Primary School” be registered as an official school name.




                                                                               Page 118
ORDINARY MEETING                                                            28 JUNE 2004


Procedural Motion:

Crs Elliott/Stock. That Officers‟ Reports items 21 to 23 inclusive be deferred for
consideration after agenda item 13 “Urgent Business”.
                                                                        CARRIED


7.    REPORTS OF COMMITTEES
      Nil.


8.    NOTICES OF MOTION
      Crs Papas/Ramsey.                                                File No: 10/160/60

                                       LOCAL LAW NO 1

      That the Chief Executive report to Council on the process for developing a Local
      Law to address the issue of “riotous and anti-social behaviour”, such report to
      include details of the consultation process with Melton Police and the Police
      Community Consultative Committee (PCCC).

                                                                                 CARRIED

      Officer’s Comments

      Officers note that the Notice of Motion as submitted only requests a report on the
      process for developing a Local Law, not for Council to proceed to develop a local
      law.

      Section 111 of the Local Government Act empowers Council to make a local law,
      however such local law “must not be inconsistent with any Act or Regulation”. The
      meaning of “inconsistent” in this sense has been held to relate to “covering the
      field”, i.e. if any Act already “covers the field” a local law would be invalid to the
      extent that it purports to cover the same “field”.

      In respect of “riotous and anti-social behaviour”, it could be argued that Section 17
      of the Summary Offences Act 1966 “Obscene, threatening, insulting, abusive, etc
      words and behaviour” already “covers the field”.




                                                                                  Page 119
ORDINARY MEETING                                                            28 JUNE 2004

9.    REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO
      OTHER BODIES
      Verbal reports were received from Councillors Ramsey, Stock, Elliott, Papas and
      Gough and written reports, where received, are appended to these minutes.

      Cr Papas presented to the Mayor a framed certificate to acknowledge that Council
      has satisfactorily completed the requirements of the Waste Wise Community
      Program.


10.   COUNCILLORS’ QUESTIONS WITHOUT NOTICE

            Cr Watson asked a question on road maintenance.
            Cr Papas asked for an update on the Melton Weir Strategy.


11.   PUBLIC QUESTION TIME

            John Goodman         -   2004/2005 Budget
                                  -   Arrangement of Agenda Items

            Ian Hollander        -   Broiler Farm, Troups Road
                                  -   Minister Mary Delahunty meeting with Council
                                      regarding Broiler Farms


12.   MOTIONS WITHOUT NOTICE
      Nil.


13.   URGENT BUSINESS

      Nil.




Procedural Motion:

Crs Elliott/Stock. That pursuant to Section 89(2) of the Local Government Act the meeting
be closed to the public to consider Officer Reports Nos 21 to 23 inclusive, as they relate to
contractual, legal and personnel matters.
                                                                                  CARRIED



Crs Ramsey and Watson left the meeting at 9.55 pm



                                                                                   Page 120
         FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTIONJUNE 2004
ORDINARY MEETING                                         28


 ITEM NO 21                                               FILE NO: 115/880
                                                          Kelvin Tori/John Chafer



                 BEST VALUE REVIEW - CEMETERY SERVICES

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




 ITEM NO 22                                               FILE NO: 350/952
                                                          Chris Guthrie/KL



      PREMIER INNS COMPLIANCE WITH SECTION 173 AGREEMENT

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




 ITEM NO 23                                               FILE NO: 10/45/04/032
                                                          Shan Thurairajah / st



      PROVISION OF DEBT COLLECTION SERVICES- TENDER 04/032

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




                                                                                    Page 121
ORDINARY MEETING                                                                    28TH JUNE 2004

Procedural Motion:

Crs Elliott/Papas. That the meeting be opened to the public.

                                                                                         CARRIED




14.      CLOSE OF BUSINESS
         The meeting closed at 10.00 pm.




Confirmed.
Date this 26 day of July 2004.




..................................................................... CHAIRPERSON




                                                                                          Page 122
ting closed at 10.00 pm.




Confirmed.
Date this 26 day of July 2004.




..............................................................................CHAIRPERSON




                                                                                                  Page 122

								
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