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					          Minutes
  Ordinary Meeting of Council
  Wednesday, 28 January 2009


              Held at
Council Chambers, 25 Grossmans Road,
              Torquay
        Commencing at 7:00pm



                             Council:

                              Cr Libby Mears (Mayor)
                                      Cr Libby Coker
                                      Cr Rose Hodge
                                  Cr Brian McKiterick
                                  Cr Simon Northeast
                                     Cr Joe Remenyi
                                Cr Lindsay Schroeter
                                          Cr Jim Tutt
                                    Cr Dean Webster
Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION A PROCEDURAL MATTERS                                                                             Page 2
              MINUTES FOR THE ORDINARY MEETING OF SURF COAST SHIRE COUNCIL
                        TO BE HELD AT COUNCIL CHAMBERS, TORQUAY
                   ON WEDNESDAY 28 JANUARY 2009 COMMENCING AT 7:00 PM


PRESENT:                  Cr Libby Mears (Mayor)
                          Cr Libby Coker
                          Cr Rose Hodge
                          Cr Brian McKiterick
                          Cr Simon Northeast
                          Cr Joe Remenyi
                          Cr Lindsay Schroeter
                          Cr Jim Tutt

IN ATTENDANCE:            Chief Executive Office – Mark Davies
                          Director: Sustainable Communities – Dennis Barker
                          Director: Infrastructure – Sunil Bhalla
                          Director: Corporate Services – Stephen Wall
                          Communication Coordinator – Jon Breedveld
                          Council Support Officer – Lesley Morris

OPENING:
Council acknowledge the traditional owners of the land where we meet today and pay respect to their elders
and Council acknowledges the citizens of the Surf Coast Shire.

PRAYER:
Cr Tutt read the prayer

Almighty god, under whose providence we hold responsibility for this Surf Coast Shire, grant us wisdom to
understand its present needs, foresight to anticipate its future growth, and grace to serve our fellow citizens
with integrity and selflessness.

APOLOGIES:
An apology was received from Cr Webster.

CONFIRMATION OF MINUTES:

COUNCIL RESOLUTION:
MOVED Cr Hodge, seconded Cr Coker:
That Council note the minutes of the Ordinary meeting of Council held on 23 December 2008, as printed and
circulated, as a correct record of the meeting.
                                                                                           CARRIED 7:1

                                               Cr Schroeter asked that his vote against the motion be recorded.

LEAVE OF ABSENCE REQUESTS: Nil

CONFLICTS OF INTEREST: Nil

PRESENTATIONS: Nil




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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION A PROCEDURAL MATTERS                                                                            Page 3

PUBLIC QUESTION TIME:

5 questions were received from members of the public. Council Officers will respond in writing within three
working days.

Question 1 from Dr Christine Hirst




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Surf Coast Shire Council                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION A PROCEDURAL MATTERS                                                         Page 4

    Question 2 from Dr Christine Hirst




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Surf Coast Shire Council                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION A PROCEDURAL MATTERS                                                         Page 5

    Question 3 from Dr Christine Hirst




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Surf Coast Shire Council                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION A PROCEDURAL MATTERS                                                         Page 6

Question 4 from Dr Christine Hirst




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Surf Coast Shire Council                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION A PROCEDURAL MATTERS                                                         Page 7

Question 5 from David Bell




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Surf Coast Shire Council                                                                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION A PROCEDURAL MATTERS                                                                                                                                    Page 8
BUSINESS:

1.         CORPORATE SERVICES ...................................................................................................... 9
GOVERNANCE & REGULATORY SERVICES ................................................................................................... 9
1.1 Local Law No. 2 of 2008 (Meeting Procedure & Common Seal) .................................................. 9
COUNCIL RESOLUTION: ....................................................................................................................... 9
GOVERNANCE & REGULATORY SERVICES ................................................................................................. 33
1.2 Review of Council’s Section 86 Committees............................................................................... 33
COUNCIL RESOLUTION: ..................................................................................................................... 33
1.3 Council Membership of Regional Organisations ......................................................................... 49
COUNCIL RESOLUTION: ..................................................................................................................... 50
FINANCE .................................................................................................................................................. 57
1.4 Financial Report - December 2008 ............................................................................................. 57
COUNCIL RESOLUTION: ..................................................................................................................... 57
2.         SUSTAINABLE COMMUNITIES........................................................................................... 60
COMMUNITY DEVELOPMENT/OPEN SPACE PLANNING ................................................................................ 60
2.1 Anglesea Community Precinct Masterplan ................................................................................. 60
COUNCIL RESOLUTION: ..................................................................................................................... 60
3.         MINUTES .............................................................................................................................. 66
SECTION 86 COMMITTEES ........................................................................................................................ 66
3.1 Planning Committee .................................................................................................................... 66
COUNCIL RESOLUTION: ..................................................................................................................... 66
3.2 Halls and Reserves Committee Minutes ................................................................................... 104
COUNCIL RESOLUTION: ................................................................................................................... 104
ADVISORY COMMITTEES ......................................................................................................................... 108
3.3 Environment Advisory Committee (ENVAC) ............................................................................. 108
COUNCIL RESOLUTION: ................................................................................................................... 108
3.4 Advisory Committee on DisAbility Minutes................................................................................ 114
COUNCIL RESOLUTION: ................................................................................................................... 114
4.        CHIEF EXECUTIVE OFFICER ............................................................................................ 115
4.1 Seal Register ............................................................................................................................. 115
COUNCIL RESOLUTION: ................................................................................................................... 115
5.        URGENT BUSINESS/PETITIONS/COUNCILLOR INITIATIVES ........................................ 116
COUNCIL RESOLUTION: ................................................................................................................... 116
6.        IN-CAMERA ......................................................................................................................... 117




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Surf Coast Shire Council                                                                       28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 9

1.       Corporate Services
Governance & Regulatory Services

1.1      Local Law No. 2 of 2008 (Meeting Procedure & Common Seal)

Authors Title:      Sue McHenry                                    Director:    Stephen Wall
Department:         Governance & Regulatory Services               File Number: 31/12/059
Directorate:        Corporate Services
Appendix:           Local Law No. 2 of 2008 (Meeting Procedures & Common Seal)


Purpose
For Council to adopt the draft Local Law No. 2 of 2008 “Meeting Procedures & Common Seal”.

Summary
A review of Council’s Meeting Procedure Local Law has been conducted. Following this review Council
publicly exhibited the draft Local Law No. 2 of 2008 “Meeting Procedures & Common Seal” pursuant to
Section 119(2c) of the Local Government Act, 1989, and invited public submissions. None were received.

In preparing the draft Local Law, Council staff gathered examples of meeting procedure Local Laws from
other Council’s, received legal advice and conducted workshops with the Council of the day and Council’s
senior executive team. The Local Government Amendment (Councillor Conduct and Other Matters) Act 2008
is now in place and a review of the impact of this legislation on the Local Law has also been conducted.

Council can now continue with the legislative process of implementing a new Local Law by adopting the draft
Local Law, and placing a formal gazettal notice that the Local Law No. 2 of 2008 (Meeting Procedures and
Common Seal) has been made.

Officer Recommendation:
That Council:
    1.     Adopt Local Law No. 2 of 2008 (Meeting Procedure and Common Seal).
    2.     Advertise in the Government Gazette and local media that Local Law No. 2 of 2008 (Meeting
           Procedure and Common Seal) has been made.
    3.     Pursuant to section 119(4) of the Local Government Act, forward a copy of the Local Law to the
           Minister for Local Government.

COUNCIL RESOLUTION:
MOVED Cr Remenyi, seconded Cr Hodge:
That Council:
   1.      Adopt Local Law No. 2 of 2008 (Meeting Procedure and Common Seal).
   2.      Advertise in the Government Gazette and local media that Local Law No. 2 of 2008 (Meeting
           Procedure and Common Seal) has been made.
   3.      Pursuant to section 119(4) of the Local Government Act, forward a copy of the Local Law to the
           Minister for Local Government.
   4.      Alter Item 2. Purpose of Local Law by amending it to include the words “to facilitate good
           governance by” after the words “The purpose of this local law is to”.
   5.      Delete item 46.2.
                                                                                                CARRIED 8:0




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 10

Local Law No. 2 of 2008 (Meeting Procedure & Common Seal)

Report

Background
The outgoing Surf Coast Shire Council conducted a review of the current Local Law, and with the benefit of
at least four years experience as Councillors, provided guidance for the preparation of the draft Local Law
No. 2. Following this review Council publicly exhibited the draft Local Law pursuant to Section 119(2c) of the
Local Government Act, 1989, and invited public submissions. None were received.

In preparing a Local Law, Council staff gathered examples of meeting procedure Local Laws from other
Council’s, received legal advice and conducted workshops with the Council of the day and Council’s senior
executive team. The Local Government Amendment (Councillor Conduct and Other Matters) Act 2008 is now
in place and a review of the impact of this legislation on the Local Law has been conducted.

Council can now continue with the legislative process of implementing a new Local Law by placing a formal
gazettal advising that the Local Law No. 2 of 2008 (Meeting Procedures and Common Seal) has been made.

Financial Implications
There are no financial implications

Council Plan/Policy/Legal Implications
Section 91(1) of the Local Government Act 1989 requires Council to “make local laws governing the conduct
of meetings of the Council and special committees.”
Section 119 of the Act outlines the procedure for making a Local Law, including the need to call for
submissions under section 223 of the Act.

Risk Assessment
An appropriately constructed Meeting Procedure Local Law can ensure that Council’s meeting processes are
conducted in a fitting manner, with difficult situations able to be dealt with.

Social Considerations
The Meeting Procedure Local Law outlines appropriate meeting conduct.

Community Engagement
Section 119 of the Act outlines the procedure for making a Local Law, including the need to call for
submissions under section 223 of the Act.

Section 119(3) of the Act explains that “after a local law has been made the Council must give a notice in the
Government Gazette and a public notice specifying – the title of the local law, the purpose and general
purport of the local law; and that a copy of the local law may be inspected at the Council office.

Environmental Implications
Not Applicable.

Communication
The required public notices are published within local media and the Government Gazette.

Conclusion
For Council to adopt Local Law No. 2 of 2008 (Meeting Procedure & Common Seal).




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Surf Coast Shire Council                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                           Page 11

Appendix 1 – Proposed Local Law No. 2 of 2008 (Meeting Procedures & Common Seal)




                                                     DRAFT

                                          Local Law No. 2 of 2008



                                      Council Meeting Procedures
                                                   &
                                            Common Seal


                                                                             (Adopted by Council )




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Surf Coast Shire Council                                                                                                                      28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                                                                       Page 12


                                                          Local Law No.2 of 2008
                                       Council Meeting Procedures & Common Seal
PART 1 - PRELIMINARY PROVISIONS .....................................................................................................14
1    TITLE .................................................................................................................................................14
2    PURPOSE OF LOCAL LAW ....................................................................................................................14
3    POWER FOR MAKING THIS LOCAL LAW .................................................................................................14
4    REVOCATION ......................................................................................................................................14
5    SUNSET PROVISION ............................................................................................................................14
6    COMMENCEMENT................................................................................................................................14
7    DEFINITIONS .......................................................................................................................................15

PART 2 – THE MAYOR ...............................................................................................................................17
8    PROCEDURE FOR ELECTION OF MAYOR ...............................................................................................17
9    MAYOR TO TAKE CHAIR ......................................................................................................................17
PART 3 - COUNCIL MEETINGS .................................................................................................................18
10.  CHAIRPERSON DUTIES & RESPONSIBILITIES .........................................................................................18
11.  QUORUM ............................................................................................................................................18
12.  CALL OF THE COUNCIL ........................................................................................................................18
13   ATTENDANCE & NOTICE OF MEETINGS .................................................................................................19

PART 4 - BUSINESS: DESCRIPTION & PROCEDURE.............................................................................19
14   CONDUCT OF BUSINESS ......................................................................................................................19
15   DISCLOSURE OF CONFLICT OF INTEREST .............................................................................................19
16   CONFIRMATION OF MINUTES ...............................................................................................................19
17   PETITIONS AND JOINT LETTERS ...........................................................................................................20
18.  PUBLIC QUESTION TIME ......................................................................................................................20
19   NOTICE OF MOTION ............................................................................................................................21
20   RESCISSION OR ALTERATION...............................................................................................................21
21   FORMAL OR PROCEDURAL MOTIONS....................................................................................................22
22   URGENT BUSINESS .............................................................................................................................22
23   REPORTS FROM OFFICERS ..................................................................................................................22
24   REPORTS FROM COMMITTEES .............................................................................................................22
25   LEAVE OF ABSENCE ............................................................................................................................22
26   CONFIDENTIAL REPORTS ....................................................................................................................22

PART 5 - CONDUCT OF DEBATE AND RULES OF SPEAKING...............................................................23
27   CONDUCT OF MEETINGS .....................................................................................................................23
28   DEBATE .............................................................................................................................................23
29   PROCEDURES WITH RESPECT TO MOTIONS ..........................................................................................23
30   PROCEDURES WITH RESPECT TO AMENDMENTS ...................................................................................23
31   INTERRUPTIONS, INTERJECTIONS, QUESTIONS AND RELEVANCE ...........................................................24
32   PRIORITY OF ADDRESS .......................................................................................................................24
33   ADJOURNMENT ...................................................................................................................................24
34   RESUMPTION OF ADJOURNED DEBATE .................................................................................................24
35   TIME LIMITS ........................................................................................................................................24
36   POINTS OF ORDER ..............................................................................................................................25
37   CHAIRPERSON MAY SPEAK .................................................................................................................25
38   CLARIFICATION BY CHIEF EXECUTIVE OFFICER ....................................................................................25
39   ORDERING WITHDRAWAL OF REMARK..................................................................................................25
40   PUBLIC BEHAVIOUR ............................................................................................................................25
41   REMOVAL FROM CHAMBER OR MEETING ROOM....................................................................................25
42   CHAIRPERSON MAY ADJOURN DISORDERLY MEETING ...........................................................................25
43   REPEATING MOTION ...........................................................................................................................25
44   DISAGREEMENT WITH CHAIRPERSON’S RULING ....................................................................................26
45   VOTING ..............................................................................................................................................26
46   DIVISION ............................................................................................................................................26
47   RECORDING OF OPPOSITION TO MOTION .............................................................................................26
48   RECORDING OF PROCEEDINGS ............................................................................................................26
49    SUSPENSIONS ...................................................................................................................................26



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Surf Coast Shire Council                                                                                                                   28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                                                                    Page 13


PART 6 - COMMITTEES .............................................................................................................................27
50    APPLICATION GENERALLY ...................................................................................................................27
51    QUORUM ............................................................................................................................................27
52    ADDRESSING A SPECIAL COMMITTEE MEETING ....................................................................................27
53    APPLICATION SPECIFICALLY ................................................................................................................27
PART 2 – ADVISORY COMMITTEES ..................................................................................................................27
54    APPLICATION SPECIFICALLY ................................................................................................................27

PART 7 - SUSPENSION OF LOCAL LAW..................................................................................................27
55   SUSPENSION OF PROCEDURE .............................................................................................................27

PART 8 – COMMON SEAL .........................................................................................................................28
56   COMMON SEAL ...................................................................................................................................28

PART 9 – OFFENCES AND PENALTIES ...................................................................................................28
57    OFFENCES ........................................................................................................................................28
58   INFRINGEMENT PENALTIES ..................................................................................................................28

SCHEDULE A - PUBLIC QUESTION TIME FORM.....................................................................................29
SCHEDULE B - RESCISSION MOTIONS...................................................................................................30
SCHEDULE C - FORMAL MOTIONS PROCEDURE AND EFFECT ..........................................................31




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Surf Coast Shire Council                                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                   Page 14


                                       LOCAL LAW NO. 2 of 2008
                             COUNCIL MEETING PROCEDURES & COMMON SEAL

                                    PART 1 - PRELIMINARY PROVISIONS

1        Title

         This Local Law is known as Local Law No.2 of 2008 – Council Meeting Procedures & Common Seal
         and is referred to below as ‘this Local Law’.


2        Purpose of Local Law

         The purpose of this Local Law is to facilitate good governance by:
         2.1    Regulating proceedings for the election of the Mayor;
         2.2    Regulating proceedings of Ordinary and Special meetings of Council;
         2.3    Regulating proceedings of Special Committees and other meetings conducted by or on
                behalf of Council where Council has resolved that the provisions of this Local Law are to
                apply;
         2.4    Promoting and encourage community participation in the system of Local Government by
                providing mechanisms within the meeting arrangements, for the Council to ascertain the
                community’s views and expectations;
         2.5    Regulating and control the use of Council’s Common Seal; and
         2.6    Repealing Local Law No. 22 – Meeting Procedure.

3        Power for Making this Local Law

         This Local Law:
         3.1     Is made under Section 91 and Part 5, in particular Section 111 (1) of the Local Government
                 Act 1989; and
         3.2     Was prepared following due consideration of the Charter of Human Rights and
                 Responsibilities Act 2006.

4        Revocation

         Local Law No. 22 – Meeting Procedure is revoked on the day Local Law No. 2 of 2008 comes into
         operation, save that any notice or consent given or any business matter or thing commenced, made
         or done under the repealed local law is not affected.

5        Sunset Provision

         This Local Law ceases to operate on the tenth anniversary of its commencement, unless earlier
         revoked.

6        Commencement

         This Local Law comes into operation on the _____ day of _______________, 2009.




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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 15

7      Definitions

Unless the contrary intention appears in this Local Law, the following words and phrases are defined to
mean:

‘Absolute Majority’ means a number of votes greater than one-half of the total number of ballot papers
(excluding ballot-papers which are rejected) and if necessary includes the vote by lot.

‘Act’ means the Local Government Act 1989 (‘the Act’). .

'Agenda' means the notice of a meeting setting out the business to be transacted at the meeting

‘Amendment’ means a proposed alteration to the wording of a motion without being contradictory.

‘Authorised Officer’ means a person appointed as such by Council under section 224 of the Act.

'Chairperson' means the Chairperson of the meeting and includes acting, temporary and a substitute
Chairperson.

'Chief Executive Officer means the Chief Executive Officer of Council, and includes a person acting as
Chief Executive Officer.

'Clause' means a clause of this Local Law.

‘Common Seal’ means the Common Seal of Council.

'Council' means the Surf Coast Shire Council

'Councillor' means a Councillor of Council who has taken the oath of office in accordance with Section 63 of
the Act

'Council meeting' is a meeting at which the Mayor is elected, an Ordinary meeting and a Special meeting of
Council.

‘Deliver’ means to hand over or mail to a recipient and includes transmission by facsimile, electronic mail or
published on Council’s internet site.

‘Formal Motion’ means a motion related to a formal procedure as per Schedule C.

‘Gallery’ means the area set aside in the Council chamber or meeting room for the public.

‘Leave of absence’ means being absent from four (4) consecutive ordinary meetings of Council.

'Mayor' means the Mayor of Council and any person acting as Mayor.

'Meeting' means an Ordinary or a Special meeting of Council or Special Committee meeting.

'Minute book' means the collective record of proceedings of Council.

'Municipal district' means the municipal district of Council.

'Notice of motion' means a notice in writing, including a Councillor initiative, setting out the text of a
motion/item which it is proposed to be moved at the next relevant meeting.

'Offence' means an act or default contrary to this Local Law.

'Ordinary Meeting' means a meeting of Council at which general business of Council may be transacted.

'Penalty unit' means penalty units as prescribed in the Sentencing Act 1992.




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Surf Coast Shire Council                                                                      28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                    Page 16

'Petition' means a formal written application, typed or printed without erasure, signed by one or more
persons whose name and physical address also appears and on which each page of the petition bears the
wording of the whole of the petition.

‘Quorum’ means the minimal number of councillors, at least a majority, who must be present for the valid
transaction of business.

‘Resident’ means a person who has a place of residence within the Municipal District.

‘Resolution’ means a formal determination by a meeting of Council or Special Committee.

'Special Committee' means a special committee established by Council under Section 86 of the Local
Government Act 1989.

'Special Meeting' means a meeting of Council convened in accordance with Section 84 of the Act and is a
meeting at which business specified in the notice calling the meeting is transacted.

‘Visitor' means any person (other than a Councillor, or member of Council staff) who is in attendance at a
Council meeting or a Special Committee

'Written' includes duplicated, lithographed, photocopied, photographed, printed and typed.




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 17


                                             PART 2 – THE MAYOR

(Pursuant to Section 71 – Election of Mayor – of the Act.)

8        Procedure for Election of Mayor

8.1      Any Councillor is eligible for election or re-election to the office of Mayor.
8.2      The agenda for the meeting to elect the Mayor may include:
         8.2.1 The taking of the oath of office by each Councillor, under Section 63 of the Act;
         8.2.2 The fixing of allowances for the Mayor and Councillors under Section 74 of the Act; and
         8.2.3 The appointment of Councillor representatives to various bodies.
8.3      The Chief Executive Officer will be the temporary Chairperson of the meeting at which the election of
         Mayor is to be conducted but will have no voting rights.
8.4      The meeting to elect the Mayor shall be held in accordance with the Act.
8.5      The Chief Executive Officer shall be responsible for the counting of votes.
8.6      The election of the Mayor shall be by a show of hands.
8.7      The Councillor who receives the majority of votes cast must be declared elected.
8.8      For the purpose of sub-clause 8.8 the following will apply:
         8.8.1      Nominations must be moved and seconded;
         8.8.2      Where only one nomination is received, that Councillor must be declared elected; or
         8.8.3      Where two nominations are received, the Councillor with an absolute majority of votes
                    cast must be declared elected; or
         8.8.4      Where there are more than two nominations received, the Councillor who receives an
                    absolute majority at the first round of votes cast must be declared elected, or if no
                    candidate receives an absolute majority of votes, the candidate with the least number of
                    votes must be eliminated as a candidate and a further ballot conducted between the
                    remaining candidates. If there are several candidates, this procedure must be repeated
                    until a candidate receives an absolute majority of votes and that candidate shall be
                    declared elected.
         8.8.5      If for the purpose of eliminating the candidate with the least number of votes, two or more
                    candidates have the same least number of votes, the candidate to be eliminated shall be
                    determined by simple majority vote. If there is an equality of votes with respect to the
                    candidate to be eliminated, the candidate to be eliminated shall then be determined by lot
                    conducted by the Chief Executive Officer in presence of the meeting.
         8.8.6      If the Council resolves to appoint an Acting or Deputy Mayor the provisions contained in
                    this Part for the election of the Mayor will apply to the election of the Acting or Deputy
                    Mayor.


9        Mayor to Take Chair

9.1      After the election of the Mayor is determined, the Mayor must take the Chair.
9.2      The Mayor must take the chair at all Council meetings at which he or she is present unless
         precluded from doing so because of a conflict of interest.
9.3      In the absence of the Mayor, the Deputy Mayor shall take the chair.
9.4      If a Deputy Mayor is not elected and the Mayor is absent, a Councillor shall be elected, in
         accordance with the Election process in clause 8.




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Surf Coast Shire Council                                                                              28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                            Page 18

                                        PART 3 - COUNCIL MEETINGS

                The purpose of this Part is to regulate proceedings at all meetings of the Council.

10.      Chairperson Duties & Responsibilities

The Chairperson’s duties and responsibilities are set out below.

10.1     Formally declare the meeting open, after ascertaining that a quorum is present and to welcome
         guest speakers, and other visitors;
10.2     Preside over and control the meeting, conduct it impartially and according to this local law and
         established protocols in order to ensure the smooth passage of the business;
10.3     Sign minutes of meetings as correct when they have been confirmed;
10.4     Present any reports for which he or she is responsible;
10.5     Ensure that debates are conducted in the correct manner;
10.6     Declare the results of all votes;
10.7     Give rulings on points of order and other questions of procedure;
10.8     Preserve order, and, if necessary, “name” offending members; and
10.9     Adjourn (when so resolved) or formally declare the meeting closed when all business has been
         concluded.

11.      Quorum

11.1     The quorum is a majority of the number of Councillors entitled to be present and to vote at the
         meeting.
11.2     If a quorum is not present within 30 minutes of the time appointed for the commencement of a
         Council meeting:
         11.2.1 The meeting shall deemed to have lapsed;
         11.2.2 The Mayor must convene another Council meeting and ensure that the agenda for such
                 meeting is identical to the agenda for the meeting which is deemed to have lapsed; and
         11.2.3 The Chief Executive Officer must give all Councillors notice of the meeting convened by the
                 Mayor.
11.3     If a quorum fails after a Council meeting has begun, the meeting lapses.
11.4     If the meeting lapses, the undisposed business must, unless it has already been disposed of at a
         Special meeting, be included in the agenda for the next Ordinary meeting.

12.      Call of the Council

(Pursuant to Section 85 of the Act)

12.1     If a call of the Council has been required, immediately after the opening of the meeting:
         12.1.1      The Chief Executive Officer must call the name of;
                     12.1.1.1        The Mayor; and
                      12.1.1.2       Each Councillor in alphabetical order
         12.1.2       Each person present must answer to his or her name;
         12.1.3       All excuses for absence must be considered;
         12.1.4       As to each excuse the question;
                      "Is the excuse of Cr # a reasonable excuse to the satisfaction of Council?" must be put to
                      the vote of the Councillors present at the meeting; and
         12.1.5       If the answer to the question described in paragraph 11.1.4 is resolved in the negative, the
                      Chief Executive Officer shall advise the Minister responsible for administering the Act
                      accordingly.




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 19

13       Attendance & Notice of meetings

(Pursuant to Section 84 of the Act)

13.1     The Chief Executive Officer must give notice to the public of any meeting of the Council by public
         notice at least seven days prior to the meeting and via Council’s website.
13.2     The dates, time and place for all Ordinary Council meetings shall be fixed by the Council from time to
         time.
13.3     The Chief Executive Officer must ensure that the agenda for any Ordinary or Special meeting of the
         Council is delivered to every Councillor’s usual place of residence at least 48 hours before the
         meeting, unless another place is nominated in writing by the Councillor.
13.4     Despite Clause 13.3, The Chief Executive Officer may deliver an agenda for a Special Meeting of
         Councillors in less than 48 hours if the Chief Executive Officer considers that in view of the urgency
         of the matter(s) this should occur.
13.5     Unless all Councillors are present and a majority of Councillors present resolve to deal with another
         matter as Urgent Business, no business can be transacted at an Ordinary meeting unless it appears
         on the agenda.
13.6     Despite sub-Clause 13.5, an item of business which has:
         13.6.1     Been referred to Council by a Special Committee which has met since the agenda was
                    prepared; or
         13.6.2     Arisen since the preparation of the agenda, and is the subject of a written supplementary
                    report by a member of Council staff may be considered by Council if it resolves to so
                    consider it.

                             PART 4 - BUSINESS: DESCRIPTION & PROCEDURE

14       Conduct of Business

14.1     The order of business will be determined by the Chief Executive Officer to facilitate and maintain
         open, efficient and effective process of government.
14.2     Once an agenda has been sent to Councillors the order of business for that meeting may only be
         altered by consent of the Council.
14.3     The Chief Executive Officer may include any matter on an agenda, which he or she thinks should be
         considered by the meeting.

15       Disclosure of Conflict of Interest

(Pursuant to Sections 77, 78 & 79 of the Act.)

15.1     In every case where a disclosure of conflict of interest is made at a meeting, the minutes shall
         record:
         15.1    That the disclosure was made;
         15.2    The matter in respect of which the disclosure was made; and
         15.3    Whether the Councillor left the room prior to discussion of the matter and remained outside
                 while the vote was taken.

16       Confirmation of Minutes

(Pursuant to Section 93 of the Act)

At every meeting of Council, the minutes of the preceding meeting(s) must be dealt with as set out below:
16.1    If the minutes have been delivered to each Councillor at least 48 hours before the meeting, a motion
        must be put for the confirmation of the Minutes.
16.2    If the minutes have not been delivered, the minutes must be read and a motion must be put for the
        confirmation of the minutes.
16.3    The minutes must be signed by the Chairperson of the meeting at which they have been confirmed.
16.4    The minutes shall record the business of the meeting and in particular:
        16.4.1 The date, place, time and nature of the meeting;
        16.4.2 The names of the Councillors present and those who have submitted apologies or been
                  granted leave of absence;
        16.4.3 The disclosure of interest made by a Councillor and the nature of such interest;


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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 20

         16.4.4  Arrivals and departures (including temporary) of Councillors during the course of the
                 meeting;
         16.4.5 Each motion and amendment moved and seconded;
         16.4.6 The vote cast by each Councillor upon a division;
         16.4.7 Questions upon notice;
         16.4.8 The failure of a quorum;
         16.4.9 When requested by a Councillor, a record of their opposition to any motion; and
         16.4.10 Closure of the meeting to members of the public and the reasons for such closure.

17       Petitions and Joint Letters

17.1     A petition or joint letter must be presented to the next available ordinary meeting of Council.
17.2     A petition or joint letter shall not be presented at a meeting of Council or received by Council unless:
         17.2.1 Each page of the petition or joint letter bears the whole of the wording of the petition.
         17.2.2 In addition to the signature(s) of the petitioners the name(s) and physical address(es) of all
                  persons who signed the petition are detailed in the petition; and
         17.2.3 The petition and any letter or document presented with or accompanying the petition, the
                  name(s) and physical address(es) of the person(s) and/or organisation(s) submitting the
                  petition, letter or document appear on such petition, letter or document.
17.3     The Council may, by resolution, resolve to receive a petition or joint letter which does not comply
         with one or all of sub clauses 17.2.1, 17.2.2, 17.2.3.
17.4     When a petition or joint letter presented to a meeting of the Council relates to an item of business on
         the agenda, the submission is to be considered by Council as part of its deliberations on such item.
17.5     Unless Council determines to consider it as an item of urgent business, no motion (other than a
         motion to receive the same) may be made on any petition or joint letter, until the next Ordinary
         Meeting of Council after that at which the petition or joint letter has been presented.
17.6     The Chairperson may disallow any petition or joint letter which is considered to:
         17.6.1 Relate to a matter beyond the power or duties of Council;
         17.6.2 Be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in language
                   or nature;
         17.6.3 Be confidential in nature or of legal significance;
         17.6.4 Be repetitive of a question already answered (whether at the same or any earlier meeting);
         17.6.5 Be aimed to embarrass a Councillor or member of Council staff;
         17.6.6 Relate to personnel matters;
         17.6.7 Relate to the personal hardship of any resident or ratepayer;
         17.6.8 Relate to proposed developments or legal advice;
         17.6.9 Relate to matters affecting the security of Council property; or
         17.6.10 Relate to any other matter which Council considers would prejudice the Council or any
                   person.
17.7     An officer report pertaining to any petition or joint letter may be required at the next Ordinary Meeting
         of Council (if the petition has not been dealt with in accordance with the provisions of clauses 17.4
         and 17.5)

18.      Public Question Time

18.1     There shall be a public question time not exceeding thirty minutes at every Ordinary Meeting of
         Council to enable members of the public to submit questions to Council. Public question time may
         be extended at the discretion of the Chair.
18.2     Questions submitted to Council must be in writing, state the name and address of the person
         submitting the question and generally be in a form approved or permitted by Council (generally in
         accordance with Schedule A).
18.3     No person may submit more than two (2) questions at any one (1) meeting.
18.4     The form incorporating the question(s) may be lodged prior to or at the meeting.
18.5     A question may be disallowed by the Chairperson if it is considered to:
         18.5.1       Relate to a matter beyond the power or duties of Council;
         18.5.2       Be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in
                      language or nature;
         18.5.3       Be confidential in nature or of legal significance;
         18.5.4       Be repetitive of a question already answered (whether at the same or any earlier
                      meeting);
         18.5.5       Be aimed to embarrass a Councillor or member of Council staff;
         18.5.6       Relate to personnel matters;

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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 21

         18.5.7        Relate to the personal hardship of any resident or ratepayer;
         18.5.8       Relate to proposed developments or legal advice;
         18.5.9        Relate to matters affecting the security of Council property; or
         18.5.10      Relate to any other matter which Council considers would prejudice the Council or any
                      person.
18.6     All questions and answers must be as brief as possible, and no discussion shall be allowed other
         than for the purposes of clarification.
18.7     The Chairperson may nominate a Councillor or member of Council staff to answer a question.
18.8     A Councillor or member of Council staff may:
         18.8.1 Require a question to be put on notice until the next Ordinary meeting of Council, at which
                 time the question must be answered; or
         18.8.2 Elect to submit a written answer to the person asking the question.
18.9     A Councillor or member of Council staff may advise Council that it is his or her opinion that the reply
         to a question should be given in a meeting closed to the public. The Councillor or member of
         Council staff must state briefly the reason why the reply should be given in a closed meeting and,
         unless Council resolves to the contrary, the reply to such question shall be so given.
18.10    Only the question, the name, and address of the person asking the question together with the name
         of the Councillor or Officer who responded to the question shall be recorded in the minutes.
18.11    Answers to questions shall be given immediately, if possible, or taken ‘on notice’ if an on the spot
         answer is not available. Where a question is taken ‘on notice’ a reply shall be mailed within 5 days.

19       Notice of Motion

19.1     Councillors must give notice of their intention to move a motion at the next meeting.
19.2     A notice of motion must be in writing signed by a Councillor, or sent via email or facsimile, and be
         lodged with the Chief Executive Officer by 5pm on the fourth working day prior to the date of the
         meeting to allow the Chief Executive Officer to give each Councillor at least 48 hours notice of such
         intention.
19.3     Any motion or amendment which in the opinion of the Chairperson:
         19.3.1 Is defamatory; or
         19.3.2 Is objectionable in language or nature; or
         19.3.3 Is outside the powers of the Council; or
         19.3.4 Is not relevant to the item of business on the Agenda and has not been admitted as urgent
                   business; or
         19.3.5 Purports to be an amendment but is not;
         must not be accepted by the Chairperson.
19.4     Except by leave of Council, notices of motion before any Council meeting must be considered in the
         order in which they were recorded in the notice of motion register.
19.5     If a Councillor who has given a notice of motion or initiative:
         19.5.1 Is absent from the Council meeting; or
         19.5.2 Fails to move the motion when called upon by the Chairperson;
         any other Councillor may himself/herself move the motion.
19.6     If a notice of motion or initiative is not moved and seconded at the Council meeting in which it was
         included on the agenda, it lapses.

20       Rescission or Alteration

20.1     A Councillor may propose a motion to amend or rescind a previous resolution of Council provided
         the Notice of Motion is signed by a total of three (3) Councillors and delivered to the Chief Executive
         Officer no later than 72 hours following the meeting of Council at which the motion proposed to be
         rescinded or altered was adopted.
20.2     Rescission motions are to be lodged on a form provided for this purpose as appearing in Schedule
         B.
20.3     No action will be taken to implement a resolution on which a notice to rescind or alter the resolution
         has been given pursuant to Clause 20.1.
20.4     A notice of motion to rescind or alter a previous resolution of Council shall be deemed to have been
         withdrawn if not moved at the next meeting at which such business may be transacted.
20.5     A Councillor may not propose a motion to rescind or alter a decision of the council which has been
         acted upon.
20.6     A resolution will be considered as having been acted upon once its details have been formally
         communicated to persons affected by or reliant on the resolution or where a statutory procedure has
         been carried out.

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Surf Coast Shire Council                                                                           28 January 2009
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SECTION B REPORTS                                                                                         Page 22


21       Formal or Procedural Motions

21.1     Formal or procedural motions, unless otherwise prohibited may be moved at any time, and shall be
         dealt with in accordance with Schedule C.

22       Urgent Business

22.1     Business must not be admitted as urgent business unless:
         22.1.1 It relates to or arises out of a matter which has arisen since distribution of the agenda; and
         22.1.2 It cannot safely or conveniently be deferred until the next Ordinary meeting, or
         22.1.3 The Council resolves to admit an item considered to be urgent business.

23       Reports from Officers

23.1     Any report(s) by Officers to a Council meeting must contain a recommendation and be in the
         appropriate report style format.
23.2     When Officer reports are before a Council meeting:
         23.2.1 The Chairperson must ask whether any Councillor has a question pertaining to the report;
                 and
         23.2.3 After all Councillors have asked their questions of the report, the Chairperson must then ask
                a Councillor to move an appropriate motion. If the motion is seconded the motion is dealt
                with in the normal manner.

24       Reports from Committees

24.1     Any report(s) by a Special Committee or an Advisory Committee to a Council meeting must contain a
         recommendation and must be listed on the next scheduled Council meeting agenda.
24.2     When the report(s) of a Committee is before a Council meeting:
         24.2.1 The Chairperson must ask whether any Councillor wishes to speak to any report and record
                the item number of any such report; and
         24.2.2 After all Councillors have indicated the reports which they wish to speak to, the chairperson
                may ask for a motion to adopt all reports to which no requests to speak have been
                expressed and proceed to deal with that motion.

25       Leave of Absence

(Pursuant to Section 69(1)(g) of the Act.)

25.1     Any Councillor seeking leave of absence from Council duties must do so in writing addressed to the
         Chief Executive Officer. Applications for leave shall be listed for consideration at the next ordinary
         meeting of Council.
25.2     It will not be necessary for a notice of meeting, agenda or minutes to be delivered to any Councillor
         who has been granted leave of absence, unless the Councillor has requested the Chief Executive
         Officer in writing to continue to give notice of any meeting to be held during the period of his or her
         absence.

26       Confidential Reports

(Pursuant to Section 89 of the Act.)

26.1     The Chief Executive Officer must ensure that a report is classified as confidential if the Chief
         Executive Officer considers it has been prepared for consideration in respect of a matter which is
         expected to be the subject of a resolution under section 89(2) of the Act to close the Council meeting
         to the public while that report is discussed.
26.2     The Chairperson must call for a motion to move in-camera, this motion must be carried prior to
         commencing any business pertaining to confidential reports, and the time of this motion must be
         recorded in the minutes of the meeting.
26.3     The motion must contain the reasons why the meeting is being closed to the public by referencing
         that it is pursuant to section 89(2)(insert the appropriate clause) of the Local Government Act to
         resolve on matters pertaining to the following items and all confidential reports to be considered must
         be listed as part of this motion.

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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 23

26.4     The Chairperson must advise those present in the public area that an item is required to be heard
         in-camera and request that they vacate the chamber.
26.5     The Chairperson must call for a motion to move out of camera and re-open the meeting to the public
         and this motion must be carried and the time of this motion being put must be recorded in the
         minutes of the meeting.
26.6     Should an item or recommendation be moved out of camera:
         26.6.1 The Chairperson must call for a motion to move all or part of the item or items out of camera
                 and into open council; and
         26.6.2 That report or part thereof must then be included in the minutes of the ordinary meeting
                 showing the Council decision that was made in-camera.
26.7     All items that are considered confidential pursuant to Section 89 of the Act remain confidential until
         Council has passed a resolution that the information is not confidential.

                         PART 5 - CONDUCT OF DEBATE AND RULES OF SPEAKING

27       Conduct of Meetings

27.1     A motion or an amendment must:
         27.1.1 Relate to the powers or functions of Council;
         27.1.2 Be in writing, if requested by the Chairperson;
         27.1.3 Except in the case of urgent business, be relevant to an item of
                 Business on the agenda; and
         27.1.4 Be moved and seconded, otherwise it lapses.
27.2     A motion, amendment or question must not be defamatory or objectionable in language or nature.
27.3     The Chairperson may refuse to accept any motion, amendment or question which contravenes sub-
         clause 27.1 and 27.2 or:
         27.3.1 Is not relevant to the item of business on the Agenda and has not been admitted as urgent
                 business; or;
         27.3.2 Purports to be an amendment but is not.
27.4     A motion or amendment cannot be withdrawn without the consent of the meeting.

28       Debate

28.1  Councillors must stand to address the Chairperson, to move or second a motion or amendment, or to
      take part in a debate unless otherwise determined by the Chairperson.
28.2  The Councillor acknowledged by the Chairperson is to speak and must not be interrupted unless:
      28.2.1 He or she is called to order; or
      28.2.2 His or her speaking time has expired; or
      28.2.3 A point of order is raised; or
      28.2.4 A formal motion is moved.
28.3 Councillors must designate each other by their official titles during debate and throughout the meeting.

29       Procedures with Respect to Motions

29.1     A Councillor who is proposing a motion must first state briefly the nature of the motion and then
         move it, without speaking to it.
29.2     The Chairperson shall ask immediately after a motion is moved and seconded and after the mover
         has spoken to the motion (or deferred speaking) whether it is opposed and if no opposition is
         indicated he or she may then put it to the vote, without debate.
29.3     The mover of a motion has the right of reply with respect to the debate on his or her motion
         immediately before the vote is taken, but that right of reply is lost if an amendment to the motion is
         carried.
29.4     Apart from the mover's right of reply referred to in sub-clause 29.3 a Councillor may only speak once
         on the motion.
29.5     The mover of a motion must not introduce a fresh matter when exercising any right of reply.

30       Procedures with Respect to Amendments

30.1     No notice need be given of any amendment.
30.2     A Councillor proposing an amendment must first state briefly the nature of the amendment and then
         move it, without speaking to it.


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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 24

30.3     The Chairperson shall ask immediately after an amendment is moved and seconded and after the
         mover of the amendment has spoken to the amendment (or deferred speaking), whether it is
         opposed and if no opposition is indicated, he or she may then put it to the vote, without debate.
30.4     Amendments must be dealt with one at a time.
30.5     An amendment must be relevant to the motion upon which it is moved.
30.6     The mover or seconder of a motion cannot move an amendment to it.
30.7     The mover of an amendment has no right of reply.
30.8     A second or subsequent amendment cannot be moved until the immediately preceding amendment
         is disposed of.
30.9     If the amendment effectively negates the substance of the motion before the Chair, it is ruled to be a
         foreshadowed motion and shall only be considered in the event that the motion before the Chair is
         lost.
30.10    If an amendment is adopted it becomes the substantive motion and, as such, shall be put to the vote
         by the Chairperson, or be subject to amendment.
30.11    A Councillor cannot move more than two (2) amendments in succession.
30.12    With the leave of the Chairperson another amendment or a new motion can be foreshadowed by any
         Councillor stating in brief terms the nature of it.
30.13    A Councillor can only speak once on the amendment.

31       Interruptions, Interjections, Questions and Relevance

31.1     A Councillor must not be interrupted except by the Chairperson or upon a point of order or personal
         explanation.
31.2     If a Councillor is interrupted by the Chairperson or upon a point of order or personal explanation, he
         or she must remain silent until the Chairperson has ceased speaking, the point of order has been
         determined or the personal explanation has been given (as appropriate).
31.3     A Councillor must not digress from the subject matter of the motion or business under discussion.

32       Priority of Address

32.1     In the case of competition for the right to speak, the Chairperson must decide the order in which the
         Councillors concerned will be heard.

33       Adjournment

33.1     The Council, may by resolution adjourn a Meeting to a later time on the day for which the meeting
         was called or for a period not exceeding seven (7) days.
33.2     When a motion to adjourn a Meeting is before the Council, the Chairperson must not allow
         discussion on the motion to adjourn. If the Council fails to pass the motion to adjourn, the
         Chairperson must resume the meeting at the item of business under consideration.
33.3     The Chief Executive Officer must deliver written notice of an adjourned meeting to all Councillors,
         except when the meeting is adjourned to a later time on the same day, in which case any form of
         notice may be given to all Councillors.

34       Resumption of Adjourned Debate

34.1     If a debate is adjourned by motion, the Councillor moving the adjournment has the right to be the first
         speaker upon the resumption of debate unless he or she has already spoken to the motion or
         amendment.

35       Time Limits

35.1     A Councillor must not speak longer than the time set out below, unless granted an extension by the
         chair:
         35.1.1 The mover of a motion or an amendment:                   5 minutes;
         35.1.2 Any other Councillor:                                    3 minutes; and
         35.1.3 The mover of a motion exercising a right of reply:       2 minutes.




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 25

36       Points of Order

36.1     A point of order is an objection that the motion, amendment or statement made is:
         36.1.1 Contrary to this Local Law;
         36.1.2 Defamatory;
         36.1.3 Irrelevant;
         36.1.4 Improper; or
         36.1.5 Outside Council’s legal powers
         and may be made despite the fact that the Councillor or Chairperson is speaking at the time.
36.2     A point of order must be taken by stating:
         36.2.1 The matter complained of; and
         36.2.2 The reason constituting the point of order;
36.3     The Chairperson may raise a point of order without it having been made by a Councillor.
36.4     When called to order, a Councillor must remain silent until the point of order is decided unless he or
         she is requested by the Chairperson to provide an explanation.
36.5     The Chairperson may adjourn the meeting to consider a point of order but must otherwise rule upon
         it as soon as it is taken.
36.6     The Chairperson must, when ruling on a point of order, give reasons for the ruling.
36.7     The Chairperson’s ruling shall be final.

37       Chairperson May Speak

37.1     The Chairperson may address a meeting upon any matter under discussion, following presentations
         by all councillors, and is not deemed to have left the Chair on such occasions. The Chairperson may
         vacate the Chair for the duration of any item under discussion whereupon a temporary Chairperson
         elected by the meeting shall take the Chair until such item has been disposed of.

38       Clarification by Chief Executive Officer

38.1     The Chief Executive Officer may address any item to clarify a statement made by a Councillor during
         the course of debate on consent from the Chairperson.

39       Ordering Withdrawal of Remark

39.1     The Chairperson may require a Councillor to withdraw any remark which is defamatory, indecent,
         abusive, offensive, disorderly or objectionable in language, substance or nature.
39.2     A Councillor required to withdraw a remark must do so immediately without qualification or
         explanation.

40       Public Behaviour

40.1     Any member of the public addressing Council must extend courtesy and respect to the Council and
         the processes under which it operates and must take direction from the Chairperson whenever
         called on to do so.

41       Removal from Chamber or Meeting Room

41.1     The Chairperson, may ask any Authorised Officer or member of the Police Force to remove from the
         Chamber or Meeting Room any person who acts in breach of this Local Law.

42       Chairperson may Adjourn Disorderly Meeting

42.1     If the Chairperson is of the opinion that disorder at the Council table or in the gallery makes it
         desirable to adjourn the meeting, he or she may adjourn the meeting to a later time on the same day
         or to some later day as he or she thinks proper.

43       Repeating Motion

43.1     Before any matter is put to the vote, a Councillor may require that the question, motion or
         amendment be read again.



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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 26

43.2     The Chairperson without being so requested may direct the Chief Executive Officer (or other person
         authorised by the Chief Executive Officer to attend the meeting and take the minutes of such
         meeting) to read the question, motion or amendment to the meeting before the vote is taken.

44       Disagreement with Chairperson’s Ruling

44.1     A Councillor can, without notice, move to dissent from the ruling of the Chairperson on a point of
         order. If that happens, the Chairperson must suspend the business before the meeting until a
         decision is made on the motion of dissent.

44.2     If a motion of dissent is passed, the Chairperson must proceed with the suspended business, as
         though the ruling dissented from had not been given. If, as a result of the ruling, any motion or
         business has been discharged as out of order, the Chairperson must restore the motion or business
         to the agenda and proceed with it in due course.
44.3     Only the mover of a motion of dissent and the Chairperson can speak to the motion before it is put.
         The mover of the motion does not have a right of reply.
44.4     The Chairperson is not required to vacate the chair.

45       Voting

(Pursuant to Section 90 of the Act.)

45.1     Except that a Councilor may demand a division, Councillors must remain seated in silence while a
         vote is being taken.
45.2     Unless this Local Law provides otherwise or Council otherwise determines, voting must be by a
         show of hands.
45.3     The Chairperson may direct that the vote be recounted as often as may be necessary for him or her
         to satisfy himself or herself of the result.
45.4     In the event of a tied vote, the Chairperson has a second vote.
         .
46       Division

46.1     Immediately after any motion, amendment or question is put to a meeting and before the next item of
         business has commenced, a Councillor may call for a division.
46.2     When a division is called for, the Chairperson must:
         46.2.1   First ask each Councillor wishing to vote in the affirmative to raise a hand and, upon such
                  request being made, each Councillor wishing to vote in the affirmative must stand. The
                  Chairperson must then state, and the Chief Executive Officer (or any person authorised by
                  the Chief Executive Officer to attend the meeting and take the minutes of such meeting)
                  must record the names of those Councillors voting in the affirmative;
         46.2.2   Then ask each Councillor wishing to vote in the negative to raise a hand and, upon such
                  request being made, each Councillor wishing to vote in the negative must stand. The
                  Chairperson must then state, and the Chief Executive Officer (or any person authorised by
                  the Chief Executive Officer to attend the meeting and take the minutes of such meeting)
                  must record, the names of those Councillors voting in the negative.
46.3     The Chairperson must declare the result of the vote or division as soon as it is taken.

47       Recording of Opposition to Motion

47.1     Any Councillor may ask that his or her opposition to a motion adopted by the meeting be recorded.
         It must then be recorded in the minutes of the Council meeting.

48       Recording of Proceedings

48.1     No video or audio recording of proceedings of Council meetings shall be permitted without specific
         approval by resolution of the meeting.

49       Suspensions

(Pursuant to Section 66 of the Act)



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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 27

49.1     Council may by resolution suspend from a meeting, and for the balance of the meeting, any
         Councillor whose actions have disrupted the business of Council, and have impeded its orderly
         conduct, provided the Councillor in question has received an initial warning from the Chairperson
         that his/her conduct is, in the Chairperson’s opinion, impeding the orderly conduct of the meeting.

                                            PART 6 - COMMITTEES

                 The purpose of this Division is to regulate proceedings at Committee meetings.
                                      (Pursuant to Section 86 of the Act.)

                                          Part 1 – Special Committees

50       Application Generally

50.1     Except as provided in this Part, if Council establishes a Special Committee, all of the provisions of
         this Local Law shall apply with any necessary modifications.
50.2     For the purposes of Clause 51.1, a reference to:
         51.2.1 A Council Meeting is to be read as a reference to a meeting of the Special Committee; and
         51.2.3 The Mayor is to be read as a reference to the Chairperson of the Special Committee.
50.3     The following provisions of this local law do not apply to Special Committees:
         51.3.1 All of Part 2
         51.3.2 Part 3, Clause 12
         51.3.3 Part 4, Clauses 17 and 18
50.4     Public participation in a meeting of a Special Committee shall be permitted in accordance with
         guidelines and policies adopted by Council from time to time.

51       Quorum

51.1     The quorum of a meeting of a Special Committee is the number fixed by Council, being at least a
         majority, or if no number has been fixed, a majority of the number of members of the Committee.

52       Addressing a Special Committee Meeting

52.1     It is not necessary for a Member to rise when addressing a Special Committee meeting.

53       Application Specifically

53.1     Despite Clause 51.1 if Council establishes a Special Committee, Council may resolve that provisions
         contained within this Local Law do not apply.

                                         Part 2 – Advisory Committees

54       Application Specifically

55.1     If Council establishes an Advisory Committee, Council may resolve that various provisions of this
         Local Law apply to that Advisory Committee with any necessary modifications.


                                   PART 7 - SUSPENSION OF LOCAL LAW

55       Suspension of Procedure

55.1     Any provisions of this Local Law applicable to a Council Meeting, Special Council Meeting and a
         Special Committee meeting may be suspended upon the affirmative vote of the majority of members
         present.




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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 28

                                           PART 8 – COMMON SEAL

The purpose of this Part is to regulate the use of the Common Seal and to prohibit the use of the Common
       Seal or any device resembling the Common Seal, as required by Section 5 (3)(b) of the Act.

56       Common Seal

56.1     The Council must authorise by resolution the use of the Common Seal.
56.2     The Chief Executive Officer must sign every document to which the Common Seal is affixed. The
         common seal may only be used to “sign, seal, issue, revoke or cancel any notice, document, order
         or agreement pursuant to a decision of Council.
56.3     It is an offence for a person to use the Common Seal or any device or representation resembling the
         Common Seal without authority given by resolution of the Council.
56.4     The Chief Executive Officer must keep the Common Seal in safe custody.


                                    PART 9 – OFFENCES AND PENALTIES

57       Offences

It is an offence:

57.1     For a Councillor to not withdraw an expression which is considered by the Chairperson to be
         defamatory, indecent, abusive, offensive, disorderly or objectionable, and to not satisfactorily
         apologise when called upon twice by the Chairperson to do so.
         Infringement Notice Penalty:      2 units
         Penalty: 5 penalty units
57.2     For any person, not being a Councillor, who is guilty of any improper or disorderly conduct to not
         leave the meeting when requested by the Chairperson to do so.
         Infringement Notice Penalty:      2 units
         Penalty: 5 penalty units
57.3     For any person to fail to obey a direction of the Chairperson relating to the conduct of the meeting
         and the maintenance of order.
         Infringement Notice Penalty:      2 units
         Penalty: 5 Penalty Units
57.4     For a Councillor to refuse to leave the chamber on suspension.
         Infringement Notice Penalty:      2 units
         Penalty: 5 Penalty Units
57.5     For any person to use the common seal of Council or any device resembling the common seal
         without the authority of Council.
         Infringement Notice Penalty:      10 units
         Penalty: 20 penalty units

58       Infringement Penalties

58.1     If an offence is committed against this Local Law, the Chairperson shall request the Chief Executive
         Officer to issue to the offender an infringement notice in a form approved by Council for the amount
         of two penalty units as an alternative to a prosecution for the offence.
58.2     A person to whom an infringement notice has been issued must pay to Council the amount specified
         in the notice within 28 days.




F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 29

SCHEDULE A - PUBLIC QUESTION TIME FORM


Meeting Date: ____________________________

Questions lodged prior to the meeting must be received by the Council Support Officer by 10am of the day
of the meeting, (deliver or fax to Council Support Officer, Surf Coast Shire, P.O. Box 350, Torquay, 3228,
facsimile 5261 6625, lmorris@surfcoast.vic.gov.au).

Question time is specifically available for questions. It is not an opportunity to make statements or to present
a case on a particular issue. You are asked to respect this and promptly direct your question to the Mayor.
The number of questions that any person may ask shall be limited to two.


NAME: _______________________________________________________________________________

ADDRESS: ____________________________________________________________________________

 _____________________________________________________________________________________
Address to be disclosed YES or NO

QUESTION 1:
 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

QUESTION 2:
 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

GUIDELINES FOR THE CONDUCT OF PUBLIC QUESTION AND ANSWER TIME AT ORDINARY
MEETINGS OF COUNCIL

A question will only be considered at the meeting if the Mayor or other Chairperson has determined that the
question:
1. Does not relate to a matter of the type described in Section 89(2) of the Act;
2. Does not relate to a matter in respect of which Council has no power to act;
3. Is not defamatory, indecent, abusive or objectionable in language or substance;
4. Is not repetitive of a question already answered (whether at the same or an earlier meeting); or
5. Is not asked to embarrass a Councillor or council officer.

If the Mayor or Chairperson has determined that the question shall not be considered at the meeting:
1. He or she must advise the meeting accordingly; and
2. The question shall be available to Councillors upon request.

Answers to questions shall be given immediately, if possible, or taken ‘on notice’ if an on the spot answer is
not available. Where a question is taken ‘on notice’ a reply shall be mailed within 5 days.
The Mayor shall then answer questions or refer the matter to the Chief Executive, Director or a Councillor.

Privacy Information: Please note that as required by Council’s Local Law your name and address will be
read out in a public meeting and form part of the Minutes of the Council Meeting. If you wish only your name
and not your address to be called, please indicate this above.


F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 30

                                    SCHEDULE B - RESCISSION MOTIONS

The following guidelines apply for the lodgment of a notice of intention to move that a resolution passed by
Council be rescinded or amended:

1        Notices of rescission must be in the correct format, viz:

         It is the intention of Councillor_______________________to move at the Ordinary/Special Meeting
         of Council to be held on / /200 :

         That the motion of Council passed on       /   /200   , viz:

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________


be rescinded or amended and subject to that motion being carried in its place, Cr____________proposes to
move:

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________

 _____________________________________________________________________________________


_______________________            ___________________________               _________________________
Councillor                            Councillor                               Councillor

This notice was received by me at______am/pm on __________________


CHIEF EXECUTIVE OFFICER




F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
    Surf Coast Shire Council                                                                             28 January 2009
    Minutes – Ordinary Meeting
    SECTION B REPORTS                                                                                              Page 31

    SCHEDULE C - FORMAL MOTIONS PROCEDURE AND EFFECT

 FORMAL             FORM          WHO CAN         IS A           MATTERS IN         EFFECT IF        EFFECT IF          WHEN
 MOTION                           MOVE OR      SECONDER          RESPECT OF         CARRIED            LOST            MOTION
                                  SECOND       REQUIRED         WHICH MOTION                                         PROHIBITED
                                                                MAY BE MOVED
Adjournment     That this        Any          Yes              Any matter except   Motion and        Debate         (a) During the
of debate to    matter be        Councillor                    where prohibited    amendments        continues      election of the
later           adjourned                                                          postponed to      unaffected     Chairperson
hour/date       until…….                                                           the stated                       (b) When
                                                                                   time/date.                       another
                                                                                                                    Councillor is
                                                                                                                    speaking
Adjournment     That this        Any          Yes              Any matter except   Motion and        Debate         (a) During the
of debate       matter be        Councillor                    where prohibited    amendments        continues      election of the
indefinitely    adjourned                                                          postponed         unaffected.    Chairperson
                until further                                                      but may be
                notice                                                             resumed:                         (b) when
                                                                                                                    another
                                                                                   (a) At the                       Councillor is
                                                                                   same                             speaking
                                                                                   meeting upon
                                                                                   motion to                        (c) when the
                                                                                   resume                           matter is one
                                                                                                                    in respect of
                                                                                   (b) At any                       which a call of
                                                                                   later meeting                    Council has
                                                                                   if on the                        been made
                                                                                   Agenda.
Adjournment     That this        Any          Yes              Any matter except   As per            Debate         As for
of Meeting to   meeting be       Councillor                    where prohibited    adjournment       continues      adjournment of
later           adjourned                                                          of debate         unaffected     debate
hour/date       until..
Adjournment     That this        Any          Yes              Any matter except   Meeting           Debate         (a) During the
of meeting      meeting be       Councillor                    where prohibited    adjourns until    continues      election of the
indefinitely    adjourned                                                          further notice.   unaffected     Chairperson
                until further
                notice                                                                                              (b) when
                                                                                                                    another
                                                                                                                    Councillor is
                                                                                                                    speaking

                                                                                                                    (c) During a
                                                                                                                    meeting which
                                                                                                                    is a call of the
                                                                                                                    Council.




    F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
    Surf Coast Shire Council                                                                               28 January 2009
    Minutes – Ordinary Meeting
    SECTION B REPORTS                                                                                               Page 32

                                                       SCHEDULE C (Cont)


 FORMAL             FORM          WHO CAN           IS A        MATTERS IN          WHEN              EFFECT IF         EFFECT IF
 MOTION                           MOVE OR        SECONDER       RESPECT OF         MOTION             CARRIED             LOST
                                  SECOND         REQUIRED     WHICH MOTION       PROHIBITED
                                                              MAY BE MOVED
The closure     That the         A Councillor    Yes          Any matter         During             Motion or           Debate
                question be      who has not                  except where       nominations for    amendment in        continues
                now put          moved,                       prohibited         Chairperson (A     respect of          unaffected
                                 seconded or                                     closure motion     which the
                                 spoken to                                       shall not be       closure carried
                                 the motion or                                   accepted by        is put to the
                                 any                                             the                vote
                                 amendment                                       Chairperson        immediately,
                                 of it                                           unless the         without further
                                                                                 Chairperson        debate
                                                                                 considers there
                                                                                 has been
                                                                                 sufficient
                                                                                 debate for and
                                                                                 against the
                                                                                 original motion
                                                                                 or amendment)
Proceeding      That the         A Councillor    Yes          Any matter         (a) During the     (a) If carried in   Debate
to the next     meeting          who has not                  except where       election of the    respect to a        resumed at
item of         proceed to       moved,                       prohibited         Chairperson        formal motion,      point of
business        the next item    seconded or                                                        its effect is to    interruption
                of business      spoken to                                       (b) During a       remove that
                                 the motion or                                   meeting which      motion from
                                 any                                             is a call of the   consideration
                                 amendment                                       Council
                                 of it                                                              (b) If carried
                                                                                                    in respect to
                                                                                                    an
                                                                                                    amendment,
                                                                                                    its effect is to
                                                                                                    dispose of the
                                                                                                    amendment
                                                                                                    and debate
                                                                                                    resumes upon
                                                                                                    the motion.




    F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 33


Governance & Regulatory Services

1.2      Review of Council’s Section 86 Committees

Authors Title: Sue McHenry                                 Director: Stephen Wall
Department: Governance & Regulatory Services               File Number:    39/02/003 (2), 41/02/009 (1)
                                                                           09/02/001
Directorate: Corporate Services                            Folio Number:
Appendix:
1. Instrument of Delegation – Surf Coast Tourism Board
2. Instrument of Delegation – Tender Management Committee
3. Instrument of Delegation – Hearing of Submission Committee


Purpose
For Council to appoint a delegate to the Surf Coast Tourism Board, to abolish the Tender Management
Committee and to form a Hearing of Submissions Committee.

Summary
Pursuant to Section 86 of the Local Government Act 1989, Council may establish special committees to
assist in its decision making processes. Annually Council considers its representatives on each committee,
assigning Councillors the responsibility of representing Council at Committee meetings and acting as a
communication conduit from the committee back to Council. Council also regularly considers the structure
and relevance of its Section 86 committees.

As part of the process of review of its Section 86 committees Council has held informal discussions
regarding the Surf Coast Tourism Board, the Tender Management Committee and the Hearing of
Submissions Committee.

Officer Recommendation:
That Council:
    1.     Appoint Cr. Libby Coker, pursuant to section 5.1(c) of the Surf Coast Tourism Board Instrument
           of Delegation, as Council’s delegate.
    2.     Abolished the Tender Management Committee and revoke its delegated authority.
    3.     Establish a Hearing of Submissions Committee and adopt the instrument of delegation.

COUNCIL RESOLUTION:
MOVED Cr Hodge, seconded Cr Northeast:
That Council:
   1.      Appoint Cr. Libby Coker, pursuant to section 5.1(c) of the Surf Coast Tourism Board Instrument
           of Delegation, as Council’s delegate.
   2.      Abolish the Tender Management Committee and revoke its delegated authority.
   3.      Establish a Hearing of Submissions Committee and adopt the instrument of delegation.

                                                                                                CARRIED 8:0




F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 34

Review of Council’s Section 86 Committees

Report

Background
Council may establish special committees pursuant to Section 86 of the Local Government Act 1989 to
assist in its decision making processes. Annually Council considers its representatives on each committee,
assigning Councillors the responsibility of representing Council at Committee meetings and acting as a
communication conduit from the committee back to Council.

Special committees formed under section 86 of the Local Government Act 1989 have delegated
responsibilities. The relevant section of the Act is included in the “legal implications” section below, and
explains the composition of a Section 86 Committee, as well as outlining what functions cannot be delegated
to the committee.

As part of the process of review of its Section 86 committees Council held informal discussions regarding the
Surf Coast Tourism Board, the Tender Management Committee and the Hearing of Submissions Committee.
The instruments of delegation for Surf Coast Tourism Board, Tender Management Committee, and a draft
Hearing of Submissions Committee Instrument of Delegation are included as attachments to this report.

Discussion
The following information includes a brief summary of the purpose and role of the Surf Coast Tourism Board,
Tender Management Committee and proposed Hearing of Submissions Committee.

Surf Coast Tourism Board
Background
The Surf Coast Tourism (SCT) Board was established by the Surf Coast Shire Council in recognition of the
importance of tourism in the region.

The SCT Board’s role is to ensure that the tourism industry and product developments in the Shire are
coordinated and reflect the requirements of the local industry.

As the Local Tourism Association, SCT represents tourism members and focuses on visitor servicing and
tourism industry development within the Surf Coast Shire. It is one of four Local Tourism Associations
working to develop tourism in the Geelong Otway region in association with the Regional Tourism
Association, Geelong Otway Tourism. As at June 2008 SCT had 404 members, a record level for the
association.

The Board is also delegated responsibility to expend funds allocated by Council which have been raised by
the implementation of a commercial/industrial differential rate. The differential rate raises approximately an
additional $1 million from commercial/industrial properties by the implementation of a rate in the dollar that is
190% of the General Rate in the dollar (the factor that is used to calculate the value of rates levied on
residential properties). The proceeds from the differential rate are allocated to both Tourism and Economic
development functions of Council, with the SCT Board overseeing approximately $800,000 of the funds
generated.

Number of delegates
The Board is comprised of one Surf Coast Shire Councillor, five representatives from each of the Local
Tourism and Trader associations, as well as seven elected skills-based members with both an interest in and
connection to the tourism industry.

Benefits of the Committee Operating
Surf Coast Tourism exists in order to:
    • Better collaboration between towns in the Surf Coast region on tourism projects
    • Industry specific advice and support for projects
    • Representation from each of the towns for 400 local tourism businesses
    • Advisory committee to Council on tourism related matters – Council can use the SCT Board and
        connections for further research/communication
    • Structure consistent with other ‘tourism’ regions
    • Increase demand: understanding visitor needs and yield and implementing programs that stimulate
        demand for identified markets and expectations
    • Improve Supply: develop more/better products/services/experiences to deliver on demand

F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                      28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                    Page 35

Review of Council’s Section 86 Committees

    •    Build & Maintain Partnerships: effective relationships with stakeholders relevant to tourism
    •    Provide Good Governance: Ensure the effective allocation of resources to tourism programs in a
         strategic, accountable and sustainable manner

Outcome if not continued
   • Decreased level of communication / collaboration between towns in the Surf Coast region on tourism
      projects
   • Loss of voice/influence at the Geelong Otway Tourism Board table
   • Aspects of the Surf Coast Shire Council Plan not achieved
   • More demand on Council for ‘tourism related’ decisions

Officer Recommendation:
That the Surf Coast Tourism Board be retained and a Council delegate appointed.


Tender Management Committee
Background
The Tender Management Committee was established in August 1996 to expedite the tendering process for
acceptance of tenders outside of the delegated authority of the Chief Executive Officer.

Number of Delegates
Mayor and three Councillors appointed annually.

Outcome if not continued
The delegation currently in place authorises the Chief Executive Officer to enter into contracts up to
$400,000 which represents the majority of tendering activity at Council. Any contracts above this amount
would be reported directly to Council for consideration.

Officer Recommendation:
That the Tender Management Committee be abolished and revoke the delegated authority.




F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 36

Review of Council’s Section 86 Committees

Hearing of Submissions Committee

Purpose:
It is proposed that Council establish a special committee appointed, pursuant to Section 86 of the Local
Government Act 1989, to hear and report to Council on submissions received by Council in accordance with
section 223 of the Local Government Act 1989 or other publicly exhibited matters.

Number of delegates
Membership:                               All Councillors
Quorum:                                   5 Councillors
Meetings:                                  As required

Delegated Authority:
To hear any person who has requested to be heard in support of a written submissions which the person has
made pursuant to:
a) Section 223 of the Local Government Act 1989 can be made in relation to the following matters:
•   Making of Local Laws (Section 119)
•   Council Plan (Section 125)
•   Council Budget (Section 129)
•   System of Valuing Land (Section 157)
•   Special Rate or Charge (submissions and objections Section 163A and B)
•   Sale of Land (Section 189)
•   Lease of Land (Section 190)
•   Change of Use of Land (Section 192)
•   Regional Library Agreements (Section 197)
•   Proposed Works to Concentrate or Divert Drainage (Section 199)
•   Requiring Drainage Works on Private Land (Section 200)
•   Fix and Alter the Level of Roads (Section 207A, Schedule 10)
•   Deviate a Road through Private Land (Section 207A, Schedule 10)
•   Discontinue Roads (Section 207A, Schedule 10)
•   Fix Road Alignment (Section 207A, Schedule 10)
•   Narrow or Widen a Road (Section 207A, Schedule 10)
•   Permanent Barriers on Roads (Section 207A, Schedule 11)
•   Barriers for Traffic Diversion Experiments (Section 207A, Schedule 11)
•   Restricting use of road by vehicles of certain size (Section 207A, Schedule 11)
•   Declaration of Public Highway (Section 207A)
•   Declaration of a Road to be Open to Public Traffic (Section 207A, Section 204)

b ) Planning & Environment Act
Various land use planning processes can also generate submissions from the community. Main examples
include:
•    Projects that develop land use policy positions. Submissions are invited to help Council form a position,
     but there is no legislation requiring this to occur.
•    Legislative planning scheme amendment processes to implement policy into the Scheme or change the
     Scheme. The Planning & Environment Act 1987 requires formal public exhibition in this case.
•    Planning permit applications for use and development on land within the Shire. The Planning &
     Environment Act 1987 requires formal public exhibition in this case.

c ) Other Matters
Council may also call for public submissions when compiling and considering a Master Plan, new Council
Policy or a project that may have significant impact on the general public. Again, while Council may choose
to hear submitters directly, there is no legal requirement to do so in these instances.

Benefits of the committee operating
Avoids the need to call special meetings of Council to hear submissions prior to Council meetings where a
decision may be made relating to a submission process.




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Surf Coast Shire Council                                                                            28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 37

Review of Council’s Section 86 Committees

Reporting:
The Committee will report as required to a subsequent meeting of the Council. A separate report on each
specific matter heard by the Committee will also be submitted for formal determination by the Council.
A report on the meetings and activities of the Hearing of Submissions Committee is to be prepared for
inclusion in Council’s Annual Report.

Officer Recommendation:
Establish a new Committee to consider submissions received by Council and endorse the delegated
authority.

Financial Implications
There are no financial implications.

Council Plan/Policy/Legal Implications
Section 86 of the Local Government Act 1989 explains:
(1) In addition to any advisory committees that a Council may establish, a Council may establish one or
    more special committees of the following –
        (a) Councillors;
        (b) Council staff;
        (c) Other persons;
        (d) Any combination of persons referred to in paragraphs (a), (b) and (c).
(2) A Council may appoint members to a special committee and may at any time remove a member from a
    special committee.
(3) Except as provided in sub-section (4), a Council may by instrument of delegation delegate any of its
    functions, duties or powers under this or any other Act to a special committee.
(4) A Council cannot delegate to a committee the following powers –
        (a) This power of delegation;
        (b) To declare a rate or charge;
        (c) To borrow money;
        (d) To enter into contracts for an amount exceeding an amount previously determined by the
             Council;
        (e) To incur any expenditure exceeding an amount previously determined by the Council;
        (f) Any prescribed power.
(5) A Council may require a special Committee to report to the Council at intervals determined by the
    Council.

Risk Assessment
Council is aware of the need to manage risk and within the context of facilities risk incorporates a number of
issues including safety, sustainability of facility and activities including declining volunteer base, governance,
public liability and other insurances, facility quality, legal agreements, transference of responsibility and
financial management. There is a risk to Council of poor public perception if committees are not given clear
direction in regard to their purpose, and if the committee does not add value to the Council decision making
processes. Section 86 committees are required to comply with conditions outlined in the Local Government
Act, 1989.

Social Considerations
Council committees provide another way for the community to become involved in Council decision making
processes and to gain a better understanding of Local Government. Councillors are provided with the
opportunity to interact with members of the community who are members of Council committees.

Community Engagement
Independent or community based member vacancies on Council committees are advertised in local media,
and community members are invited to apply. Minutes of Council committee meetings are publicly available
when presented within a Council agenda.

Environmental Implications
Not Applicable.

Communication
Council advises each committee of the representation for the ensuing 12 months (where applicable).


F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                   Page 38

Conclusion
That Council:
   1.      Appoint Cr. Libby Coker, pursuant to section 5.1(c) of the Surf Coast Tourism Board Instrument
           of Delegation, as Council’s delegate.
   2.      Abolished the Tender Management Committee and revoke its delegated authority.
   3.      Establish a Hearing of Submissions Committee and adopt the instrument of delegation.




F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 39

Appendix 1:

                                        INSTRUMENT OF DELEGATION

                                       SURF COAST TOURISM BOARD

                                           Updated: December 2005
1.       GENERAL:
         In exercise of the power conferred by Section 86(3) of the Local Government Act 1989 (“The Act”),
         the Council of the Surf Coast Shire Council delegates to the Special Committee (known as the Surf
         Coast Tourism Board) established by resolution of the Council, the powers, duties and functions set
         out in this Instrument of Delegation and declares that:

         a) this Instrument of Delegation is authorised by a resolution of Council, passed on 20 December
            2005; and
         b) the delegation
            i) comes into force immediately the common seal of Council is affixed to this Instrument of
                 Delegation;
            ii) remains in force until Council resolves to vary or revoke it;
            iii) is subject to any conditions and limitations set out herein; and
            iv) is to be exercised in accordance with any guidelines or policies, which Council from time to
                 time adopts.

2.       DEFINITIONS:
         a) “The Board” shall mean the Surf Coast Tourism Board appointed pursuant to the provisions of
            Section 86 of the Local Government Act 1989.
         b) “The Council” shall mean the Council of the Municipality of the Surf Coast Shire.
         c) The “Memorandum of Understanding” refers to the appended MOU document, which sets out
            the relationship between Surf Coast Shire and Surf Coast Tourism Board including the various
            roles and responsibilities and the operational framework of the Board. The MOU may from time
            to time be amended with the agreement of the parties, without impacting upon this Deed of
            Delegation.
         d) The “Tourism Strategic Plan” refers to a Tourism Strategy to be jointly developed between the
            Board and Council that establishes the key strategic initiatives to be undertaken in support of
            Tourism over the next four years, including performance measurement criteria.

3.       OBJECTIVES OF THE BOARD:
         The objectives of the Board shall be to:
         a) To implement the four year Tourism Strategic Plan and submit a review annually for Council
            consideration
         b) To foster and promote sustainable tourism within Surf Coast Shire
         c) To actively engage the broader community with the tourism function
         d) To facilitate industry assistance programs that improve the quality of tourism product and
            customer service on a continuing basis.
         e) To inform tourism operators within Surf Coast Shire on the activities of the Board and to provide
            opportunities for operator input to tourism policy on a regular basis.
         f) To liaise with Local Tourist Associations and promote active 2-way communication between the
            Board and these bodies. This will include the distribution of Surf Coast Tourism Board Minutes to
            each LTA and the attendance of the Board Chairperson and Tourism Co-ordinator at a minimum
            of one LTA meeting for each association in each year.
         g) To undertake periodic research into the tourism experience within the Shire
         h) To work in partnership with Geelong Otway Tourism, Tourism Victoria, Tourism Alliance Victoria
            and other peak tourism bodies to facilitate a co-ordinated approach to tourism promotion and
            marketing
         i) To oversee the delivery of tourism projects as identified in annual budgets.
         j) Report annually on performance against agreed performance indicators between the Board and
            Council.
         k) Report annually to the Geelong Otway Tourism Board




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 40

4.       POWERS / FUNCTIONS / DUTIES OF THE BOARD:
         The Board shall have, by delegation of Council, the following powers and functions (subject to
         section 86(4):


         Financial
          (a) to expend funds allocated by Council, in an approved budget in accordance with the Tourism
              Strategic Plan and within the objectives via which the funds have been raised. The
              objectives of the differential rate and special charge schemes are described in Schedule 1.
          (b) to report to Council on the Board’s performance against budget on a monthly basis.


           Advisory
          (c) to advise Council on all tourism issues; and
          (d) to make recommendations and provide advice to Council, as requested by Council, in
              respect to issues affecting the tourism industry including without limitation:
              A. tourism infrastructure within the Shire,
              B. development of Council policies which may have an impact on the tourism industry ,
                  and
              C. the relationship between the Shire and Geelong Otway Tourism.

5.       MEMBERSHIP

         5.1       Board Composition
         The Board shall comprise of the following members;
         a) One member, from each of the five Local Tourist Associations nominated in Schedule
            One.
         b) Seven skills based members in accordance with the criteria established in Section 5.6
         c) One Councillor
         5.2       Appointment Process for Board Members
         a) Local Tourist Association Representatives are to be nominated by the respective LTA’s on
            an annual basis, renewed in August of each year. As required by section 86 (2) of the
            Local Government Act, these nominations are required to be submitted to Council for
            formal appointment.
         b) Skills-based members are to be appointed by Council, following a publicly advertised
            expression of interest process and the conduction of interviews of those that apply. The
            interview panel will be appointed by Council and, where possible, should involve the
            participation of an existing Board member. The term of the skills-based members is
            outlined in Section 5.7.
         c) The Councillor representative will be appointed at the annual statutory meeting of Council

         5.3       Appointment of Chairperson
       The Board will appoint the chairperson on an annual basis. The role of the chairperson will be to
       carry out the duties and functions as established in the Position Description in Schedule 2.
       5.4        Vacancies
         The office of a Board member becomes vacant if:
         a) the Board member by notice in writing given to the Board chairperson or the Council Chief
             Executive Officer, resigns from membership of the Board
         b) a nominee of the Local Association ceases to be a member of that Local Association;
         c) a Board member is absent from three consecutive Board Meetings without an apology
             and the Board passes a motion to declare the office of that Board member vacant; or
         d) a Board member, during the time of office is an undischarged bankrupt or his/her property
             is subject to control under the laws relating to bankruptcy;
         e) he or she is of unsound mind




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Surf Coast Shire Council                                                                            28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 41


         f)     he or she is convicted of an offence which is punishable upon first conviction for a term of
                imprisonment of 2 years or more under the law of Victoria or the law of any other State or
                Territory of the Commonwealth of Australia or the law of the Commonwealth of Australia.

         5.5        Casual Vacancies
         Casual vacancies will be filled by following the same process as outlined in Section 5.2
       Any person who fills a casual vacancy shall, after appointment by Council, hold office until the time
       due for replacement of the Board member that person is replacing.

         5.6        Criteria for Skills-based members
         Council will seek the best applicants that possess a range of skills for the position of skill-
         based members.
         Criteria that will be considered in relation to these positions are as follows:
         •      Financial knowledge
         •      Marketing knowledge and background
         •      Strategic experience in tourism
         •      Demonstrated track record in tourism operations
         •      Broad knowledge of the tourism industry
         •      Knowledge and awareness of tourism issues relating to coastal management
         •      Knowledge and awareness of tourism issues relating to rural hinterland
         •      Knowledge and awareness of tourism issues through the eyes of the general community
         •      Experience in the areas of accommodation management, conference centres,
                food/hospitality, retail, event management/promotion, arts and culture

         5.7        Term of Skills based members
         The term of skills based members shall be for a fixed term of three years. In order to ensure that
         knowledge is retained and turnover of Board members is managed in an orderly fashion, the first
         appointment of skill-based members under clauses 5.6 will be for staggered terms. (two
         appointments for two years, three appointments for three years)
MEETINGS

         6.1        Annual Board Meeting
         The Board shall hold an Annual Board Meeting as soon as practical after 30 June each year
         not being later than 31 August of that year. The ordinary business of the Annual Board Meeting
         shall be:
         a) to confirm the minutes of the last preceding Annual Board Meeting and of the last Board
            meeting held since that meeting;
         b) to receive from the Chairperson and Tourism Co-ordinator reports upon the transactions
            of the Board during the preceding financial year;
         c) to receive and consider the annual financial statements and reports submitted to the
            Board;
         6 .2       Other Board Meetings
       The Board shall hold at least six other meetings between each Annual Board Meeting on such
       dates as the Board determines.

         6.3        Special Meetings
         A Special Meeting of the Board may be called:
         a) by resolution of the Board;
         b) at the request of the Chairperson; or
         c) by the written request of not less than 3 members of the Board




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Surf Coast Shire Council                                                                       28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                     Page 42



       Notice of any Special Meeting shall contain a statement of the purpose of the meeting. The Special
       Meeting shall be convened by the Chairperson on such date and at such time as fixed by the
       Chairperson being not more than 21 days after the request or resolution is made. In the case of a
       request by Board members, the members may convene the Special Meeting if a meeting has not
       been held within the required time.

         6.4    Notices
         The Tourism Co-ordinator shall:
         a) give notice of all Board Meetings to all Board members in the manner directed by the
             Board

         6.5       Quorum
         The quorum of any Board Meeting, including Special Meetings, shall be a majority of voting
         members of the Board.



         6.6       Voting Rights
       All members, including the Chairperson, present at a Board Meeting, shall have one vote on each
       matter before the Chair. In the event that voting, on any matter other than the appointment of the
       Chairperson or temporary Chairperson, is equal, the Chairperson shall have the casting vote and
       this will be recorded in the Minutes.

         6.7       Chair
       The Chairperson shall preside at all meetings. In the absence of the Chairperson or if the
       Chairperson is unwilling to chair any meeting, the members present shall appoint a chairperson for
       that meeting pro tem.

         6.8       Minutes
         The Tourism Co-ordinator shall:
         a) be responsible to ensure that minutes are kept of the proceedings at all Board Meetings,
            including Special Meetings, and that after confirmation all minutes are signed by the
            chairperson of the meeting at which they are confirmed;
         b) circulate copies of all minutes of Board Meetings to the Local Associations and Council
            within 28 days of each meeting (whether on not such minutes have been confirmed);
         c) hold the minute book; and
         d) make available the minute book to any Local Association or Council or the public upon
            request.
FINANCE AND REPORTS

         7.1       Financial Year
         The Board shall keep accounts, prepare budgets and financial statements for the same
         financial year as Council, namely, July 1st to June 30th.

         7.2       Budget
       Prior to April 30 of each year the Board shall prepare and submit to Council in a form approved by
       Council a business plan and budget for the subsequent financial year.

         7.3       Financial Statements and Reporting
         The Board shall submit to Council in a form approved by Council following the Annual Board
         Meeting:
         a) financial statements of the income and expenditure of all funds allocated and managed by
            the Board and any other funds raised by the Board for the previous financial year including
            comparisons to budget; and


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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 43

             b) a written Chairperson’s report in respect to the activities of the Board and implementation
                of the Tourism Strategic Plan
             c) Performance against set goals and objectives
          In addition to the above the Board will submit monthly statements of income and expenditure
          compared to the budgeted amount to Council in conjunction with minutes of meetings.
             Monthly financial reports must clearly highlight any forecast changes to Original Budgets
             established, including the re-allocation of any funding for a different purpose.
             Any request by the Board for additional funding beyond the Original Budget amount (including
             where the forecast outcome, in total, for the financial year-end is in excess of the original
             amount) must be formally approved by Council resolution.
8.           INDEMNITY:
             The Council will indemnify members of the Board against any action, liability, claim or demand on
             account of any matter or thing done by them on behalf of the Special Board when they are acting in
             accordance with this Instrument of Delegation by that member of the Board in the honest and
             reasonable belief or under a mistake of law that the member was properly exercising any function or
             power of the Special Board.
9.           POWERS EXCLUDED:
             The Board is not by this Instrument of Delegation empowered to do any of the following things
             without the written approval of the Council.
           a) Enter into contracts, exceeding a value of $50,000 (for works/services within an approved budget
              item)
           b) Enter into contracts, exceeding $5,000 (for works/services not within an approved budget line
              item)
10.          TERMS OF APPOINTMENT:
             This delegation shall expire on 30 June 2008, unless otherwise extended or revoked in writing by the
             Council.
11.          DISSOLUTION:
           a)     The Board may, at any meeting, agree to disband and hand over its responsibilities to the
                  Council.

THE COMMON SEAL of the                               )
SURF COAST SHIRE COUNCIL was )
hereto affixed in the presence of:
…..................................................................Chief Executive Officer




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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 44

                                                SCHEDULE ONE



Objectives of Differential Rate
        •      To enhance the economic viability of the Tourism/Commercial sector through targeted programs
               and projects
        •      To extend regional initiatives towards the establishment of ventures and themes that
               complement Councils strategic objectives;
        •      To identify, develop and market the strengths and attractions of each town and village;
        •      To determine the feasibility of establishing tourism education facilities;
        •      To identify the opportunities for rural tourism;
        •      To participate as an active partner in regional tourism initiatives;
        •      To encourage employment opportunities;
        •      To promote economic development;
        •      To ensure that signage, streetscaping and promotional activity is complementary to the
               achievement of commercial and tourism objectives;
        •      To ensure that the differential rate in the dollar declared for defined Tourism/Commercial land
               properties is fair and equitable having regard to the cost and provision of Council services, and
               the level of benefits derived from expenditures made by Council on behalf of the Tourism
               sector.
Objectives of Separate Charge Schemes
       (a) To undertake a sustainable and long-term marketing program that:
                 Is underpinned by a targeted and strategic marketing program
                 Includes a high level of market research
                 Obtains value for the advertising dollar
                 Is competitive within the market place
       (b) To increase tourist visitation levels to the Shire by:
                 Increasing the awareness of the tourism product range across the Shire
                 Broadening existing markets
                 Having and promoting a safe and secure environment in the Surf Coast Shire
                 Marketing the local culture, produce and services
                 Improving the image of the area
       (c) To increase the financial yield from tourist visitation by:
                 Increasing the awareness of the tourism product range across the Shire
                 Encouraging a longer stay
                 Encouraging and facilitating the cross-selling of tourism product
                 The effective marketing of local culture, produce and services




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Surf Coast Shire Council                                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                   Page 45

                                                  SCHEDULE 2

                               CHAIRPERSON ROLE AND RESPONSIBILITIES
                                     SURF COAST TOURISM BOARD

The Chairperson’s role is pivotal to the success of the Surf Coast Tourism Board and in turn to sustainable
tourism management and development in the Surf Coast Tourism Region.

It is expected that the Chairperson will:
have read and have a thorough understanding of the requirements and responsibilities outlined in
Board’s Deed of Delegation, Memorandum of Understanding between the Board and Surf Coast
Council, and understand the role that each party has within the tourism industry;
remain abreast of all Surf Coast Tourism Board initiatives and act as the Surf Coast Tourism Board
representative, spokesperson and central point of contact for stakeholders;
have an understanding that out of meeting commitments will be required;
chair all meetings of the Surf Coast Tourism Board in an impartial manner that provides direction
and leadership, encourages balanced input from Committee members, and endeavours to ensure
that discussions and decisions of the Committee give effect to the aims and objectives of the 4 Year
Strategic Plan
maintain reasonable standards of conduct and performance of the Surf Coast Tourism Board,
ensuring a quorum is present, that the meetings follow the order of business on the agenda and that
there is sufficient time to discuss all agenda items.
accept responsibility for the Board’s efficient and effective operation
communicate with stakeholders regarding the activities of the Surf Coast Tourism Board, and
oversee the implementation of the Strategic Plan within the region by the Board in respect of both
the written requirements and also the spirit and intent of the Strategic Plan, as evidenced by the
Plan’s aims and objectives.
endeavour to ensure that the Surf Coast Tourism Board conducts its business in a professional and
ethical manner,
In addition to formal responsibilities the Chairperson is required to:
remain contactable by telephone, facsimile, email or post on a daily basis for decision making
purposes, media presentations, interviews or consultation
attend meetings with Surf Coast Shire when requested;
attend briefings and meetings with industry associates, regional and local tourism associations and
local government representatives on request.




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Surf Coast Shire Council                                                                              28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                            Page 46

Appendix 2:


                                                              Instrument of Delegation
                                                                       from
                                                                      Council
                                                                         to
                                                           Tender Management Committee

Authorising Provision
This delegation is made under section 86 of the Local Government Act 1989 (as amended)(“the Act”) the
Surf Coast Shire Council (“Council”) delegates to the Special Committee (known as the Tender Management
Committee).

Delegate
This delegation is to the Tender Management Committee that will consist of the Mayor and three councillors
appointed at the annual meeting of Council.

2.          Powers Delegated

the power to enter into contracts for the purchase of goods or services or for the carrying out of
    works –
     (a)   the amount of which for the first year of the contract must not exceed the amount
           allocated for the contract in the then current Council budget, or
     (b)   where there is a statutory obligation to enter into the contract, or
     (c)   where a special rate or special charge exists to meet the purpose and amount of the
           contract, or
     (d)   where funding has been provided in Council’s strategic resource plan such as
           contracts for refuse collection, valuations and road sealing; and


3.       Conditions
This Instrument of Delegation is authorized by a resolution of Council passed 7 November 2006
The delegation:
           • Comes into force immediately the common seal of the Council is affixed;
           • Remains in force until Council resolves to vary or revoke it and replaces any previous
              delegation made by Council;
           • Is subject to any conditions and limitations set out above; and
           • Must be exercised in accordance with any guidelines or policies which Council from time to
              time adopts.

DATED 7 November 2006


The COMMON SEAL of SURF COAST )
SHIRE COUNCIL was hereunto affixed )
in accordance with instrument of delegation                                 )
dated 4 July 2006 in the presence of:)



.........................................................................   Chief Executive Officer




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Surf Coast Shire Council                                                                    28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                  Page 47

Appendix 3:

                                          Instrument of Delegation
                                                   from
                                                  Council
                                                     to
                                     Hearing of Submissions Committee

Authorising Provision
This delegation is made under section 86 of the Local Government Act 1989 (as amended)(“the Act”) the
Surf Coast Shire Council (“Council”) delegates to the Special Committee (known as the Hearing of
Submissions Committee).

Membership:
The Hearing of Submissions Committee will comprise all Councillors. The Mayor of the day will be the
Committee Chairperson.

Meeting Frequency:
The Hearing of Submissions Committee will meet as required.

Powers Delegated
To hear any person who has requested to be heard in support of a written submissions which the person has
made pursuant to:
a) Section 223 of the Local Government Act 1989 can be made in relation to the following matters:
•   Making of Local Laws (Section 119)
•   Council Plan (Section 125)
•   Council Budget (Section 129)
•   System of Valuing Land (Section 157)
•   Special Rate or Charge (submissions and objections Section 163A and B)
•   Sale of Land (Section 189)
•   Lease of Land (Section 190)
•   Change of Use of Land (Section 192)
•   Regional Library Agreements (Section 197)
•   Proposed Works to Concentrate or Divert Drainage (Section 199)
•   Requiring Drainage Works on Private Land (Section 200)
•   Fix and Alter the Level of Roads (Section 207A, Schedule 10)
•   Deviate a Road through Private Land (Section 207A, Schedule 10)
•   Discontinue Roads (Section 207A, Schedule 10)
•   Fix Road Alignment (Section 207A, Schedule 10)
•   Narrow or Widen a Road (Section 207A, Schedule 10)
•   Permanent Barriers on Roads (Section 207A, Schedule 11)
•   Barriers for Traffic Diversion Experiments (Section 207A, Schedule 11)
•   Restricting use of road by vehicles of certain size (Section 207A, Schedule 11)
•   Declaration of Public Highway (Section 207A)
•   Declaration of a Road to be Open to Public Traffic (Section 207A, Section 204)

b ) Planning & Environment Act
Submissions received in relation to land use planning processes, including but no limited to:
•   Projects that develop land use policy positions.
•   Legislative planning scheme amendment processes to implement policy into the Scheme or change the
    Scheme.
•   Planning permit applications for use and development on land within the Shire.

c ) Other Matters
Any other submissions received as a result of any other Council process.




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Surf Coast Shire Council                                                                              28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                            Page 48

Conditions
This Instrument of Delegation is authorised by a resolution of Council passed (date to be inserted)

The delegation:
         • Comes into force immediately the common seal of the Council is affixed;
         • Remains in force until Council resolves to vary or revoke it and replaces any previous
              delegation made by Council;
         • Is subject to any conditions and limitations set out above; and
         • Must be exercised in accordance with any guidelines or policies which Council from time to
              time adopts.

DATED (date to be inserted)


The COMMON SEAL of SURF COAST )
SHIRE COUNCIL was hereunto affixed )
in accordance with instrument of delegation                                 )
dated 4 July 2006 in the presence of:)



.........................................................................   Chief Executive Officer




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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 49



1.3      Council Membership of Regional Organisations

Authors Title: Sue McHenry                                 Director: Stephen Wall
Department: Governance and Regulatory Services
Directorate: Corporate Services                            File Numbers: 01/08/119, 01/08/150, 27/12/005,
                                                           01/08/127, 37/14/018, 39/02/001, 01/02/003,
                                                           37/02/013, 07/02/039, 01/08/112 (7)
Appendix:           Nil                                    Folio Number:


Purpose
The purpose of this report is for Council to appoint delegates to a number of regional organisations which are
significant to the Surf Coast Shire.

Summary
Council is a member of a number of regional organisations. On an annual basis delegates are appointed to
represent Council at the meetings of these organisations, and to be responsible for reporting back to Council
in regard to their activities.

Delegates are appointed in accordance with the charters of the various organisations. It is appropriate for
Council to reaffirm its ongoing commitment to the regional organisations and to regularly review its appointed
delegates to ensure that the benefits of the affiliation with the organisation are maximised.

Officer Recommendation:
That Council:
1.      Continue its membership of the following regional committees
2.      Appoint delegates to act as a representative of Council on these regional committees as listed in the
        table below.

                        Organisation                               2009 Delegates
         Municipal Association of Victoria                   Cr. Joe Remenyi
                                                             Mayor (sub. delegate)
         Victorian Local Governance Association              Cr. Brian McKiterick
         Geelong Regional Library Board                      Cr. Joe Remenyi
         Geelong Heritage Centre                             Cr. Joe Remenyi
         Barwon Region Waste Management                      Cr. Jim Tutt
         Geelong Otway Tourism                               Cr. Libby Coker
         G21 Region Strategic Alliance                       Mayor
         Australian Local Government Association             Mayor
         Geelong Ring Road Project                           Cr. Jim Tutt
         Surf Coast Shire/Great Ocean Road Coast             Crs. Libby Mears, Simon
         Committee Working group                             Northeast and Rose Hodge

3.       Write to each organisation advising of Council’s appointed delegate.




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Surf Coast Shire Council                                                                       28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                     Page 50

COUNCIL RESOLUTION:
MOVED Cr Tutt, seconded Cr McKiterick:
That Council:
1.     Continue its membership of the following regional committees
2.     Appoint delegates to act as a representative of Council on these regional committees as listed in the
       table below.

                        Organisation                               2009 Delegates
         Municipal Association of Victoria                   Cr. Joe Remenyi
                                                             Mayor (sub. delegate)
         Victorian Local Governance Association              Cr. Brian McKiterick
         Geelong Regional Library Board                      Cr. Joe Remenyi
         Geelong Heritage Centre                             Cr. Joe Remenyi
         Barwon Region Waste Management                      Cr. Jim Tutt
         Geelong Otway Tourism                               Cr. Libby Coker
         G21 Region Strategic Alliance                       Mayor
         Australian Local Government Association             Mayor
         Geelong Ring Road Project                           Cr. Jim Tutt
         Surf Coast Shire/Great Ocean Road Coast             Crs. Libby Mears, Simon
         Committee Working group                             Northeast and Rose Hodge

3.       Write to each organisation advising of Council’s appointed delegate.
                                                                                              CARRIED 8:0




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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 51

Council Membership of Regional Organisations

Report

Background
Annually Council considers its membership with various regional organisations, and also assigns Councillors
the responsibility of representing Council at meetings of the organisation and acting as a communication
conduit from the organisation back to Council.

The table below provides a listing of the regional organisations to be considered in this report, with a brief
summary of the purpose of each committee to follow.

                    Organisation
Municipal Association of Victoria
Victorian Local Governance Association
Geelong Regional Library Board
Geelong Heritage Centre
Barwon Region Waste Management
Geelong Otway Tourism
G21 Region Strategic Alliance
Australian Local Government Association
Geelong Ring Road Project
Surf Coast Shire/Great Ocean Road Coast Committee
Working group

Municipal Association of Victoria (MAV)
The MAV was formed in 1879 and the Municipal Association Act 1907 anointed the MAV the official voice of
local government in Victoria.

The purpose of the MAV is defined under the Municipal Association of Victoria Act 1907 and states:

The Municipal Association of Victoria was established to promote the efficient carrying out of municipal
government throughout the State of Victoria and to watch over and protect the interests, rights and privileges
of municipal corporations. (Municipal Association Act, 1907)

The MAV performs six key functions:
   1. Advocacy: representation of the needs and interests of the sector with other levels of government
      and with other key stakeholders
   2. Capacity Building: working actively with councils to support them to improve how they operate in
      communities, particularly where there is significant change or new requirements
   3. Networking: coordination, hosting and/or sponsorship of opportunities for the sector (or parts of the
      sector with common interests) to come together to share knowledge and experiences and plan
      responses
   4. Policy development: setting of standards for the sector and developing the policies and the sector-
      wide regulations and codes needed in order to deliver service enhancement; financial and economic
      health; and social capital.
   5. Professional Development: human resources support and training and education programs t develop
      the understandings and skills of both councillors and staff
   6. Awareness raising: research and analysis leading to information dissemination and awareness
      raising promotions and campaigns.




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 52

Council Membership of Regional Organisations

Victorian Local Governance Association (VLGA)
The VLGA is a unique peak body for councillors, community leaders and local governments working to build
and strengthen their capacity to work together for progressive social change.

The VLGA Board manages the business and affairs of the Association and sets and oversees policy on
behalf of and in accordance with the wishes of the membership. It has the power to perform all such acts and
things as appear to the Board to be essential for the proper management of the business and affairs of the
Association.

The Board is elected for a two-year term at its February Meeting. All VLGA individual members, member
community groups and Councillors from member Councils are eligible to vote.

The Board consists of the President, three Vice-Presidents, a Treasurer, the Executive Officer (ex-officio)
and six ordinary members, two of which are elected Councillors from member local governments. The
President, Treasurer and two of the Vice Presidents are Councillors from member local governments.

The President, Vice Presidents, Treasurer, Public Officer with the Executive Officer comprise the Officer
Bearers of the Association that between Board Meetings may act as an Executive, with the same powers as
the Board.

45 Local Councils are Members of VLGA.

Geelong Regional Library
The Geelong Regional Library Corporation (GRLC) was formed under the provisions of Section 196 of the
Local Government Act, 1989 on 4 March 1997 to provide library services within the municipal districts:
Borough of Queenscliffe, City of Greater Geelong, Golden Plains Shire and Surf Coast Shire. GRLC
provides services through a co-ordinated on-line network of 13 Branch Libraries and 3 Mobile Libraries. Of
these, there is 1 static library and 1 mobile library that operate within the Surf Coast Shire.

The Geelong Regional Library Corporation is governed by the Regional Library Board whose responsibilities
and authorities are similar to those applying to councils and include policy, strategic and corporate planning
and service evaluation. Board meetings are held regularly and are advertised and open to public attendance.
Representation on the Board is determined by the Regional Library Agreement established by the member
councils.

Geelong Heritage Centre
In 2003 the Geelong Historical Records Centre changed its name to the Geelong Heritage Centre.

The Geelong Historical Records Centre was established in 1979 through a partnership between Geelong
based local government and the Geelong Historical Society. Volunteers assist the Centre staff with
cataloguing and indexing. The Centre is an approved place of deposit for local government records in the
Barwon Region and works closely with the Victorian Public Record Office in identifying and preserving these
public records. The Centre handles thousands of enquiries each year, providing assistance with school
projects, family histories and general historical research.




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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 53

Council Membership of Regional Organisations

The collection is based on local archives, public, private, commercial and individual. It includes a great deal
of material that is donated by members of the public, both from within Geelong and further afield.
The Geelong Heritage Centre stores archival records of the municipalities of Geelong, Geelong West,
Newtown, Bannockburn, Leigh, Corio, Bellarine, South Barwon, Barrabool, Winchelsea, Colac City, Colac
Shire and Otway.

Barwon Regional Waste Management Group
The Barwon Regional Waste Management Group has a vision to be the State leader in regional waste
management planning and implementation. It has a mission that by 2010 the Barwon Region will have zero
waste to landfill without materials first being processed.

This will be achieved through
• Adopting world’s best practice and sustainable management of the earth’s finite resources.
• Developing partnerships to actively reduce waste and care for the environment.
• Establishing itself as the lead authority within the Region for waste management planning.
• The promotion of sustainable waste management practices resulting in an improved environment for
    future generations.

Member Councils
• Borough of Queenscliffe
• City of Greater Geelong
• Colac Otway Shire
• Surf Coast Shire

Geelong Otway Tourism
Geelong Otway Tourism Inc (GOT) was formed in May 1993, following the amalgamation of six
municipalities to create the City of Greater Geelong and is the region’s peak tourism industry body. The
newly created City entered into a partnership with the tourism industry, represented by three local tourism
associations, Geelong By the Bay Tourism Association Inc, Bellarine Peninsula Tourism Association Inc and
Torquay Tourism Inc.

The City of Greater Geelong provides resources to staff and accommodates the regional body. The industry,
through membership and direct industry contribution funds the marketing program. This unique tourism
partnership has been most effective and the expanded region now includes Surf Coast Shire, Colac Otway
Shire, Golden Plains Shire, Borough of Queenscliffe and the relevant local and municipal tourism bodies that
fall within these municipal boundaries.

Consistent with the original partnership philosophy, today the Geelong Otway Tourism Board consists of 11
delegates plus a chairman representing industry and municipal tourism interests.

It is affiliated with the following Local Tourism Association's (LTA):
• Tourism Geelong
• Bellarine Tourism
• Otways Tourism
• Surf Coast Tourism

Combined these associations have over 1000 members representing all aspects of the tourism industry
throughout the region.


G21 – Geelong Region Alliance
G21 is the alliance of a variety of independent organisations with a shared vision for the Geelong region. The
Alliance includes the Borough of Queenscliffe , City of Greater Geelong , Colac Otway Shire , Golden Plains
Shire , Surf Coast Shire and more than 150 community and business organisations committed to securing a
bright and sustainable future for the region.




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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 54

Council Membership of Regional Organisations

G21 is a unique, award winning model of regional community capacity building that provides:
• A forum to discuss 'big picture' regional issues across interest groups and municipalities.
• Delivery of projects that benefit the region and cross municipal borders.
• A platform for the region to speak with one voice to all levels of government.

Formed in 2002, the heart of G21 is a series of Pillar Groups representing priority interest areas of the
Region including: Arts, Culture & Heritage, Community Safety & Security, Economic Development,
Environment, Health & Wellbeing, Lifelong Learning, Research, Sport & Recreation, Telecommunications
and Transportation. The Pillar Groups range in size from 12 to 25 people and include representatives from
diverse business, community and government organisations from all parts of the Region.

The first major achievement of G21 was the development of the Geelong Region Strategic Plan in 2003.
Developed through extensive consultation with the G21 Pillars, the Strategic Plan identified twenty-four key
projects that needed to happen to enable the Geelong Region to take full advantage of the opportunities
presented in the 21st Century. Since its launch in November 2003, twenty-one of the Projects are now
underway or complete and are presented in the G21 Region Report 2005 .

Australian Local Government Association (ALGA)
The Australian Local Government Association is the national voice of local government, representing more
than 609 councils across the country. In structure, ALGA is a federation of state and territory local
government associations. Since 2001, membership has included the Government of the Australian Capital
Territory (uniquely in Australia, the ACT Government combines both state and local government functions).

ALGA Members
•     ACT Government
•     Australian Capital Territory
•     Local Government and Shires Associations of New South Wales
•     Local Government Association of Northern Territory
•     Local Government Association of Queensland
•     Local Government Association of South Australia
•     Local Government Association of Tasmania
•     Municipal Association of Victoria
•     Western Australian Local Government Association

Key activities include representation of local government on national bodies and ministerial councils,
providing submissions to government and parliamentary inquiries, raising the profile and concerns of local
government at the national level and providing forums for local government to guide the development of
national local government policies.

ALGA's strategic priorities are:
•      Strengthening local government finances
•      Sustaining local roads, transport and other infrastructure
•      Improving natural and built environmental outcomes
•      Enhancing regional equity and regional development
•      Building capacity and sustainability in local communities
•      Connecting member associations and the Local Government sector
•      Engaging effectively in National Government processes

As one of Australia's three spheres of government, local government is represented by ALGA on the Council
of Australian Governments (COAG). This peak government body brings together the Prime Minister, state
premiers, territory chief ministers and the ALGA President to develop responses to issues of concern to all
three spheres of government.




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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 55

Council Membership of Regional Organisations

The Association's policies are determined by the ALGA Board, consisting of two representatives from each of
the member associations and two from the ACT Government.

Geelong Ring Road Project
The State government committed $180m for this project and the Geelong Region Councils, State
Government and Geelong business leaders sought matching funds from the Commonwealth Government.
The estimated total cost for the four (4) lane ring road from Broderick, Road Corio to Surf Coast Highway,
Grovedale is $360-$400m.

In 2001, Vic Roads formed a specialist Project Team and with DSE instigated a Technical Reference Group.
The then Director: Services represented Council on this Group. Vic Roads established Community
Reference Groups for each section of the project and advertised for community positions.

In 2003, Vic Roads requested a Council representative on Section 3 (Hamilton Highway, Fyansford to Surf
Coast Highway, Grovedale) Community Reference Group. The reference groups are independently chaired
and include:
• Up to five participants from local residential communities in proximity to the investigation area
• UP to two participants from the local business community in proximity to the investigation area
• Participants from local special interest groups and industries
• Participants from regional municipalities relevant to each section
• Participants from key stakeholder groups
• VicRoads Geelong Bypass Project Manager and key project, regional and planning officers.


Surf Coast Shire/Great Ocean Road Coast Committee Joint Working Party
The five former foreshore committees in the Surf Coast Shire (SCS) were recently amalgamated into one
committee – the Great Ocean Road Coast Committee (GORCC). Since the new committee has responsibility
for managing the bulk of coastal crown land in the shire it provided opportunity for the creation of a Joint Surf
Coast Shire and Great Ocean Road Coast Committee Working Party (Joint Working Party).

The Joint Working Party comprises:
   • Three councillors – appointed by Council in June of each year and to hold office for a one-year period or
        until Council appoints another Councillor in their place.
   • Three members of the Great Ocean Road Coast Committee appointed by GORCC.
   • The representative of Council on the GORCC.

The Joint Working Party meets at least 4 times each year and is an advisory body that forwards any
recommendations to the Council and GORCC following each meeting.

The Chair is chosen from the Council representatives and the GORCC representatives on an alternating
annual basis

The objectives of the Joint Working Party are to identify and enhance opportunities that have social,
environmental, economic and cultural benefits compatible with the Surf Coast Shire Council Plan Strategies
for Coastal Management and the Foreshore and the GORCC business plan and strategies.

Financial Implications
Membership to some of the regional organisations requires an annual fee or contribution which is considered
and allocated as part of Council’s annual subscriptions budget.

Council Plan/Policy/Legal Implications
Council participation with regionally based committees is an important consultation method and provides
information that can be of benefit to Council’s decision making processes.

Risk Assessment
Not applicable.




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 56

Council Membership of Regional Organisations

Social Considerations
Not Applicable.

Community Engagement
Involvement with regional committees provides Council with the opportunity to consider issues that may
impact a larger area and to hear the views of a wider community.

Environmental Implications
Not applicable.

Communication
Involvement with regional committees provides an opportunity for Council to participate in regional, interstate
and national organisations, and to form communication networks with a broad variety of people.

Conclusion
For Council to continue its membership of the listed regional Committees and Organisations and endorse the
appointment of Councillors to act as delegates to these Committees and Organisations.




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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 57

Finance

1.4      Financial Report - December 2008

Authors Title: Lynne Stevenson                             Director: Stephen Wall
Department: Finance
Directorate: Corporate Services                            File Number: 41/02/006
Appendix: December Finance Report                          Folio Number:


Purpose
The monthly Finance Report provides a summary of the operating, capital works and financial position
performance of the Surf Coast Shire Council to the end of the previous of month.

Summary
The financial report for the six months ending 31 December 2008 is provided for Council’s consideration.

An executive summary, financial analysis, capital works and special projects performance summary, financial
position analysis and consolidated financial statements are included. Detailed capital works and special
project status reports have also been included for the quarter December 2008 quarter.

The report is provided for Council’s information and Council officers will be present at the meeting to provide
any additional information that may be required.

Officer Recommendation:
That Council:
           1. Receive and note the financial variances and explanations for the six months ended 31st
              December 2008.
           2. Adopt the Revised Forecasts for the year ended 30th June 2009.
           3. Note the amendment made to Page 3 of the report.


COUNCIL RESOLUTION:
MOVED Cr Schroeter, seconded Cr Remenyi:
That Council:
           1. Receive and note the financial variances and explanations for the six months ended 31st
              December 2008.
           2. Adopt the Revised Forecasts for the year ended 30th June 2009.
           3. Note the amendment made to Page 3 of the report.
                                                                                        CARRIED 8:0




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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 58

Financial Report - December 2008

Report

Background
The attached report is the financial report for the 6 months ended 31 December 2008, summarising revenue
and expenditure performance, capital works and special project performance and an analysis of the financial
position.

At the end of each quarter the financial report presents additional detailed information on the status of each
capital works project and special project, including a commentary provided by the relevant officer responsible
for managing each project (Report Appendix B). A report on the tendered Contracts (Report Appendix C)
issued during 2008/09, including any contract variations, is also added for the quarter for the purposes of
transparency and to meet internal audit requirements.

The report also contains details of the Revised Forecast (Report Appendix D).

Discussion
The analysis within the report includes a list of the significant year-to-date variations that are ahead or
behind the current Revised Forecast outcome. In addition a Revised Forecast has been provided in the
report for the second quarter to allow future performance to be measured against this quarterly budget
target. Key changes to the Revised Forecast address anticipated permanent movements in operating
income and expenditure, capital expenditure and balance sheet variances. These are outlined in the
summary below.
The Revised Forecast for December 2008 includes a decrease in the net surplus for the year of $9,000 to
$10.83 million. New special projects identified and captured in the Revised Forecast includes the Future
Farming Initiative $26,000 that is 100% funded by a grant from the Department of Primary Industries. This
funding will enable a response to gorse and rabbit control in Moriac. External funding for the Transport
Connections Program has also been increased by $26,000, expanding the budget to $103,000. It is
anticipated that these additional funds will be held over and spent in 2008/09. The forecast for supervision
and plan checking fee revenue for new subdivisions has been increased by $70,000 due to receipt of
unexpected fees for Stage 1 of the West Coast Business Park development. Allocation of these funds is
recommended to complete a traffic and transport management study ($50,000) and a stormwater
management study ($20,000) required for the Spring Creek Urban Growth Framework Plan.
All capital expenditure variances have been offset by revisions to capital funding. Two new Department of
Transport bus stop projects have been funded in 2008/09, enabling improvements to college student safety
and amenities at the Grossmans Road, Torquay bus interchange and the provision of 27 additional bus
stops totalling $127,000. The Department of Health and Ageing also approved $29,000 funding for The
Quay Reserve Lighting project. An unsuccessful funding application was made for the Bellbrae – Anglesea
Rd Crossing at Spring Creek $65,000 and the Winchelsea – Trebeck & Beal Crt Pathway construction
project ($245,000) is not proceeding due to the special charge scheme not proceeding. It is proposed that
Council’s contribution of $30,000 to this project be redirected to the Torquay/Darian Rd/The Esplanade
intersection.
Cash and Investments is expected to be $10.87 million as at 30 June 2009. This Council’s Revised Cash
Balance Forecast reflects both movements in Working Capital and Council’s current financial strategy of
retaining cash held in reserves for specific future purposes. Cash Reserves of $7.65 million are anticipated
to be held over at 30 June 2009 in relation to future funding requirements, including the Community Civic
Precinct, open space and development of new subdivisions, waste management rehabilitation and future
infrastructure and tourism infrastructure.
The detailed Financial Report for December 2008 is attached.
Financial Implications
Budget variations recommended require an additional Council Contribution of $9,000 above the previous
forecast. Importantly, the Revised Forecast will achieve the 2008/09 Adopted Budget Cash Forecast with
$6,000 remaining uncommitted at 31 December 2008.




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Surf Coast Shire Council                                                                      28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 59

Financial Report - December 2008

Council Plan/Policy/Legal Implications
This report provides a consistent reporting format to the Standard Statements in the Annual Report as
required under Section 131 of the Local Government Act 1989.

Risk Assessment
Not applicable.

Social Considerations
Not applicable.

Community Engagement
Not applicable.

Environmental Implications
Not applicable.

Communication
Not applicable.

Conclusion
The Financial Report for six months ended 31 December 2008 is recommended to Council, including
adoption of the Revised Forecasts for the year ended 30 June 2009.




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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 60

2.       Sustainable Communities
Community Development/Open Space Planning

2.1      Anglesea Community Precinct Masterplan

Authors Title: Open Space Coordinator                                    Director: Dennis Barker
Department: Community Development/Open Space Planning
Directorate: Sustainable Communities                                     File Number:    05/02/016
Appendix:        1. Copy of Submissions                                  Folio Number:
                 2. Updated Masterplan



Purpose
To present the feedback from the community to the Anglesea Community Precinct Masterplan.

Summary
Council has considered the Draft Anglesea Community Precinct Masterplan following extensive consultation
with the Project Reference Group (includes representatives from all major facilities) at a Councillor’s Briefing
on 16 September 2008 and subsequently considered by Council at its meeting on 28 October 2008

Council endorsed the draft masterplan for the Project Reference Group and community feedback on the
masterplan and on which is the most appropriate layout of the two options provided for Area J (next to
ANGAIR building).

Officer Recommendation:
That Council:-
    1. Consider the submissions and note Council Officer’s responses.
    2. Endorse the Anglesea Community Precinct Masterplan Option 2.
    3. Refer the adopted masterplan implementation to the Capital Works Program.


COUNCIL RESOLUTION:
MOVED Cr Tutt, seconded Cr Coker:
That Council:-
   1. Consider the submissions and note Council Officer’s responses.
   2. Endorse the Anglesea Community Precinct Masterplan Option 2 and include provision for a Men’s
       Shed facility in the precinct.
   3. Refer the adopted masterplan implementation to the Capital Works Program.
                                                                                        CARRIED 8:0




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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 61

Anglesea Community Precinct Masterplan

Report

Background
Surf Coast Shire Council commissioned Coomes Consulting Group in November 2007 to undertake the
study and development of a masterplan for the McMillan Street, Community Precinct in Anglesea. The aim
of the project was to build on the unique local character that is Anglesea and the existing community
precinct. It was proposed that community consultation and local involvement through representative
members of the Project Reference Group and consultation with the broader community would assist in the
creation of a “community driven” masterplan, developed in collaboration with Council, by the community.
The masterplan was developed with a view that implementation would be undertaken within a period of 5
years.

The aim of the masterplan document is as follows:

    •    To provide recommendations that will facilitate provision for future facilities, and improvement of
         existing community infrastructure
    •    To set priorities for future planning, development and expenditure across the site
    •    Improve legibility, connectivity, functionality and safety of both vehicular and pedestrian traffic
         through the site, and for all users
    •    To consolidate on existing established relationships between user groups of the site, and to
         strengthen the existing shared usage and opportunities for co location across the site
    •    To provide options for resolution of key issues around access to the buildings, facilities, storage, and
         spatial constraints across the site
    •    To maintain the sites existing leafy character, representational of Anglesea, by strengthening
         existing vegetation assets, and the promotion of indigenous, drought tolerant, local plant material
         through use and interpretation
    •    To increase and facilitate a more effective relationship between indoor and outdoor spaces

Consultation Process/Communication/Community Engagement
The initial processes undertaken included background research of the site and its facilities as well as various
forms of community consultation. The consultation methods were aimed at ensuring the whole Anglesea
Community was given an opportunity to participate in the project. The process by which this was achieved
was using the following range of community consultation techniques:

    •    Development of a Project Reference Group (PRG) of people from key user groups and stakeholders
         in and around the site
    •    Regular PRG meetings – requiring all members to attend as well as any relevant Council Officers
    •    Key Stakeholder interviews
    •    Individual interviews with Councillors
    •    Listening posts at different locations throughout Anglesea
    •    Workshop with Council and staff
    •    Website and project material

The outcomes of the consultation process provided key information on which recommendations for the
masterplan were based, which also set the design brief for the masterplan process. These are best
summarised as follows:

    •    Overall sustainability of the site long term in terms of accessibility to facilities and usage
    •    Population trends, anticipated growth and the potential impacts these will have on existing and future
         service needs
    •    Directions of service planning of stakeholders




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Surf Coast Shire Council                                                                              28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                            Page 62

Anglesea Community Precinct Masterplan

It also outlined many common themes under which recommendations could be made. These are identified
succinctly by the following:

    •    Functionality and Layout
    •    Building Usage
    •    Possible new facilities
    •    Access, traffic management and parking
    •    Open space and landscaping

Key issues raised that had commonality through the consultation were around the precinct not being user
friendly, traffic management, parking and pedestrian and vehicular access issues. Enhanced open space
which also demonstrated sustainable landscape design was also desirable.

Masterplanning Process
A detailed site analysis was undertaken, including a study of the opportunities and constraints for the site
alongside a visual and photographic analysis, which was fed into the design process.

Key recommendations outlined in the consultation phase assisted in driving the design process. Each
finding was analysed during the masterplan process and design development was undertaken around two
different options for presentation and discussion with the PRG. Both options were developed using best
practice urban design and landscape principals. One option focused on the concept of enhancement of the
site whilst the other centred around renewal.

Both options were presented to the PRG at a workshop on the 17th March 2008. The aim of the workshop
was to enable active participation from the group around the options, so that one final option could be
developed. Feedback in the form of sketches words and ideas were sought from the group, which could
then be used to feed the design review process.

This feedback was then used by the consultant, alongside the original design principles, background
analysis and research, to develop a single option masterplan which was then sent back to the PRG for
review. A further workshop with the consultant and the PRG was held to discuss some points of clarification
on the 4th August 2008.

A site walk through was also undertaken which provided a valuable opportunity for the group to see and
understand the proposals on the plan in real space and better visualise the ideas being put forward. The
masterplan has since been revised further based on the feedback and discussions from this session which
has informed the document and design being presented to Council at this briefing.

Key elements of the final masterplan options were highlighted in a Coomes powerpoint presentation at the
Councillor’s Briefing on 16 September 2008. These two options relate to the masterplan layout for Area J
(next to Angair building)

At its meeting on 28 October 2008 Council endorsed this masterplan for consultation and feedback for a
period of six weeks. The full draft masterplan was able to be downloaded from the council website or viewed
at the Anglesea Community House/Surf Coast Shire office. Advertisements were also placed in local
papers. Five (5) submissions were received. Full copies of submissions have been attached (appendix 1).
These have been summarised below:

Submitter details        Feedback                                      Officer comment
1. Anglesea and          • Preference to masterplan version 1          • Since the submission of the 13
   District Men’s        • Inclusion of a men’s shed building              November 2008 other more suitable
   Shed                  • Location of mens shed: to replace               locations for the proposed Anglesea
                            car parking bays on the north side of          Men’s Shed have been identified.
                            the precinct (the east side of the             Should this other site fail Council will
                            current position of the historical             negotiate with the Anglesea and
                            society building). The initial loss of         District Men’ Shed on a location
                            parking bays would be compensated              somewhere between 1 – 14 on the
                            for by new parking bays next to the            masterplan document.
                            men’s shed building.

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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                           Page 63

Submitter details        Feedback                                      Officer comment
2. ANGAIR                • Preference to masterplan version 2          • One way access – following the
                         • Access to Health Centre, ANGAIR,                Councillor briefing it was noted on the
                            Senior Citizens’ entre etc is made one         24/09/08 that we would maintain entry
                            way                                            and exit to the main entrance. It was
                         • Improvement of rear access to the               felt that entry only would have
                            Senior Citizens Centre                         adverse implications for the angle
                         • Parking under the current eucalypts             parking in front of Barwon Health and
                            outside ANGAIR – concerns of car               in front of the Community Hall and is
                            parking being extended into the                recommended that a traffic engineer
                            existing garden area (area J) due to           review the proposed layout before we
                            compacting roots and sap falling on            implement an entry only
                            cars etc. Suggest directly opposite            recommendation. Therefore, it was
                            Senior Citizens garden (area k) be             shown as two way on the proposed
                            considered for car parking instead.            plan.
                         • Central Pedestrian Spine ‘terrific          • Improvement to rear access at
                            idea’. Suggest safe, shared access             Senior Citizens – it was determined
                            for cyclists to Precinct area as part of       at the walk around PRG that the area
                            the spine i.e. narrow bike track along         behind the senior citizens should be
                            the pedestrian spine taking into               left as is, and just tidied up.
                            consideration/ensuring pedestrian              Additional storage had been
                            safety.                                        proposed there but was deemed
                         • Central water tanks to be considered            unnecessary and a poor location.
                         • Community vegetable garden could            • Parking to the south of the existing
                            be located in area marked “for future          building – this is only shown on
                            development.”                                  Option 2, where an increased
                         • Suitable night lighting for all                 pedestrian plaza is proposed and
                            current/future buildings                       allows for no net loss in the near
                         • Village square (area e) as                      vicinity of car parking spaces. It is
                            performance area for the town with             recognised that further investigation
                            tiered seating in amphitheatre style.          would need to occur with regards to
                         • Pleased that both versions of                   existing tree roots etc but this options
                            masterplan has protected the                   provides for a strong pedestrian zone
                            Community Indigenous Garden.                   between the ANGAIR building and
                                                                           the Barwon Health building. Parking
                                                                           to the rear of the Senior Citizens is
                                                                           not feasible given the space and
                                                                           levels existing on site.
                                                                       • Central Pedestrian spine – safe
                                                                           shared access for cyclists to the
                                                                           precinct area – it is the intention that
                                                                           possibilities be maximised where
                                                                           possible and reference should be
                                                                           made to the existing Anglesea River
                                                                           Bank masterplan and the Pathways
                                                                           Strategy as guiding document for
                                                                           surrounding path access points to the
                                                                           precinct.
                                                                       • Central Water tanks – P. 71 of the
                                                                           masterplan report indicates that
                                                                           further work needs to be done on
                                                                           storm water harvesting options for the
                                                                           site
                                                                       • Community Vegetable Garden –
                                                                           although not part of the masterplan
                                                                           specifically at this point in time, a
                                                                           suitable site for this can be
                                                                           considered in future development of
                                                                           the areas designated for open space
                                                                           and landscaping


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Surf Coast Shire Council                                                                                28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                              Page 64

Submitter details        Feedback                                         Officer comment

                                                                          •   Lighting – would be considered
                                                                              during more detailed development
                                                                              access layouts and car parking
                                                                              arrangements.
                                                                          •   Village Square – this is area E
                                                                              indicated on the masterplan. The
                                                                              level change between the northern
                                                                              most section and the area beside the
                                                                              community hall is proposed to be
                                                                              taken up to maximise use for both
                                                                              access and informal type seating, and
                                                                              again this level of detail would be
                                                                              undertaken during the next phase of
                                                                              development of the plan.
3. Maggie                •   Objection to masterplan regarding            •   There are no changes proposed to
   Tighe/Jeanne              delivered meals parking.                         the access on the western side of the
   Naughton,             •   The proposed two lane driveway on                Senior Citizens Centre. The existing
   Meals on                  the western side of Anglesea Senior              extent of access including lay by for
   Wheels                    Citizens Centre will eliminate two car           drop offs is to be retained and the
   Coordinators              parks currently providing access to              masterplan document is to be
                             the kitchen for volunteers and                   updated to reflect this in both the
                             caterers.                                        document text and plan for better
                                                                              clarity. It is also recommended that
                                                                              signage be installed which will
                                                                              indicate the area is a ‘designated
                                                                              area for delivered meals’.
4. K&M                   •   Objection to masterplan due to               •   Property Access via the laneway
   Butterworth               proposed traffic flow                            on the eastern most boundary of
   (owners 21            •   Direction of traffic leaving the hall will       the site – It is not the intention of the
   Diggers                   affect the only vehicular access to              masterplan to prohibit access to the
   Parade,                   their garage                                     properties along the existing laneway
   Anglesea)                                                                  and the masterplan (plan view) is to
                                                                              be updated to reflect continued two
                                                                              way access as is the current status as
                                                                              the current one way arrow only is
                                                                              misleading. However, one way
                                                                              access within the community precinct
                                                                              and to those using the car park in
                                                                              front of the community hall and
                                                                              children’s hub is to remain. It is
                                                                              further proposed that exit only signs
                                                                              are to be placed on the eastern most
                                                                              end of this thoroughfare and possibly
                                                                              a right hand turn only out to direct
                                                                              traffic exiting the car park. It is also
                                                                              recommended that further signage be
                                                                              placed to the north of this exit which
                                                                              indicates resident access only.
5. M&P Morgan            •   Objection to masterplan due to               •   Same as Officer comment above
   (owners 19                proposed traffic flow
   Diggers               •   Direction of traffic leaving the hall will
   Parade,                   affect the only access to rear of
   Anglesea)                 property




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Surf Coast Shire Council                                                                            28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 65

Anglesea Community Precinct Masterplan

Other matters
Submitter details        Feedback                                      Officer comment
1. Ian Waugh,            • Concern by the community hall               • Access to the rear of the community
   Recreation,              regarding vehicular access to the rear         hall is to be maintained for the
   Youth and                of the hall                                    purposes of food and equipment
   Cultural                                                                delivery as exists at present. Options
   Services                                                                for the provision of this is to be
   Coordinator,                                                            considered in further detailed design
   on behalf of                                                            development around areas E, 12 and
   hall Committee                                                          1a.
   of
   Management

Financial Implications
Consultant’s cost: $30,000.

The estimated capital cost of implementation of the masterplan over a five year period is $592,000 with a
breakdown detailed on page 65 of the masterplan. The consultants were asked to provide staging over a
five year period but funding is subject to the sale of part of the property to Barwon Health and annual
budgeting allocations.

Council Plan/Policy/Legal Implications
Strategic Objective 3: Be People Focussed, particularly:

     •    3.1 – Council and Human Services are provided that respond to community needs and reflect
          community demographics.

     •    3.5 – Effective family and children related services including partnerships and government and non-
          government organisations and an ongoing localised approach to understanding the required levels
          of service.

     •    3.6 – The health and wellbeing of older people and people with disability are ensured by developing
          opportunities and innovative ways for community inclusion and participation.
Strategic Objective 4: Build and Maintain Surf Coast, particularly:

     •    4.1 – Council assets are effectively managed.
Strategic Objective 8: Promote community wellbeing, particularly:

     •    8.2 – Range of recreational and social opportunities within the Surf Coast.


Risk Assessment
Risk assessments will be undertaken at implementation of the works stage.

Social Considerations and Environmental Implications
A triple bottom line approach was incorporated into the masterplan.
Conclusion
Following consideration of submissions, the most appropriate option for Area J is shown in Option 2 which
has been incorporated into the masterplan layout with other minor changes suggested in the community
feedback.




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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                           Page 66


3.        Minutes
Section 86 Committees

3.1       Planning Committee

Authors Title:      Statutory Planning Co-ordinator         Director:        Dennis Barker
Department:         Planning and Development                File Number:     33/02/0001
Directorate:        Sustainable Communities                 Folio Number:
Appendix:           Minutes:
                    1 December 2008
                    8 December 2008
                    15 December 2008


Purpose
The purpose of this report is to advise the outcome of Planning Committee meetings held during the
month of December 2008.

Summary
The Surf Coast Planning Committee is a Special Committee of Council established under Section 86
of the Local Government Act 1989. Planning Authority is delegated to the Surf Coast Planning
Committee by Council as the Responsible Authority under Section 188(1)(a) of the Planning and
Environment Act 1987.

Under the Instrument of Delegation, the Committee's responsibilities are limited to deciding planning
permit applications where any of the following conditions exist:

      •   Objections have been received to an application;
      •   A Council officer is recommending refusal of the application;
      •   An application of major significance or sensitivity has been referred by the responsible
          authority.

The Committee’s objective is to determine relevant planning applications in accordance with the
Planning and Environment Act 1987 and Surf Coast’s Planning Scheme.

The Council is required to receive and note the minutes as the Planning Committee has delegated
powers to manage the planning applications in accordance with its Terms of Reference.

Attached are minutes of the Planning Committee meetings which have recently been held.

Officer Recommendation:
That Council note the minutes of the Planning Committee Meeting of 1 December 2008,
8 December 2008 & 15 December 2008.


COUNCIL RESOLUTION:
MOVED Cr Remenyi, seconded Cr Hodge:
That:
1.    Council note the minutes of the Planning Committee Meeting of 1 December 2008,
      8 December 2008 & 15 December 2008.
2.    The Planning Committee be asked to clearly indicate under which condition the application
      was brought before it.
                                                                                    CARRIED 8:0




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Surf Coast Shire Council                                                                                               28 January 2009
Agenda – Ordinary Meeting
SECTION B REPORTS                                                                                                              Page 67




Minutes of Planning Committee Meeting No. 334 held at 5.00pm Monday 1 December 2008 in the Council
Chambers, Surf Coast Shire Offices, Torquay.

1.       OPENING OF MEETING
         5.16 pm

2.       PRESENT
         Tony Hobba, Geoff Fulton, Wayne Reid and Phil Rosevear

3.       APOLOGIES
         Nil

4.       CONFIRMATION OF MINUTES
         Minutes of the Planning Committee Meeting held on Monday 17 November 2008.
         MOVED:          Geoff Fulton   SECONDED:       Wayne Reid

5.       PUBLIC PRESENTATIONS
          Item               Applicant                                       Objector
          8.1                David Curtin                                    -
          8.2                David Formosa                                   Janice & Vince Mobilio
          8.3                Toni Sincock                                    Barb Leavsley (AIDA)
                                                                             Gary Johnstone

6.       CONSIDERATION OF THE AGENDA
         As presented

7.       DECLARATION OF INTERESTS
         Nil

8.       CONSIDERATION OF APPLICATIONS FOR A PERMIT

         Item 8.1           49 Highlander Street, Torquay (07/0543) ............................................................. Page 3
                            Development of two two-storey dwellings and subdivision of the land into
                            two lots

         Item 8.2           108 Great Ocean Road, Aireys Inlet (08/0379) ....................................................Page 17
                            Development of fences

         Item 8.3           23 Yandanah Road, Fairhaven (08/0110) ............................................................ Page 23
                            Development of a dwelling and removal of native vegetation

9.       OTHER MATTERS
         Nil

10.      CLOSE OF MEETING
         6.45 pm

         NEXT MEETING – 8 December 2008




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Surf Coast Shire Council                                                                              28 January 2009
Agenda – Ordinary Meeting
SECTION B REPORTS                                                                                            Page 68




ITEM NO:                 8.1

PLANNING REF:            07/0543                              OFFICER:               Maggie Juniper

APPLICANT:               David Curtain Consulting Pty Ltd     DATE RECEIVED:         17-Sep-2007

SUBJECT LAND:            49 HIGHLANDER ST, TORQUAY. (LOT: 620 PS: 426289)

PROPOSAL:                Development of two (2) two-storey dwellings and subdivision of the land into two lots

EXISTING USE:            Vacant

ZONE:                    Residential 1

OVERLAYS:                Design and Development - Schedule 1

ATTACHMENTS:

MOVED:        Geoff Fulton          SECONDED:        Tony Hobba

Committee Resolution:

That the responsible authority resolve to issue a notice of decision to grant a permit for development of two dwellings
and a two (2) lot subdivision subject to the following conditions:
USE AND DEVELOPMENT
1.       Before the development starts:
         a)       amended plans to the satisfaction of the responsible authority must be submitted to and approved by
                  the responsible authority. When approved, the plans will be endorsed and will then form part of the
                  permit. The plans must be drawn to scale with dimensions and three copies must be provided. The
                  plans must be generally in accordance with the plans submitted with the application but modified to
                  show:
                  i)        reduced levels across the frontage of the lot;
                  ii)       redesign of the vehicle access, including by raising the garage floor levels, to provide
                            adequate access to the garages for all car spaces;
                  iii)      privacy screening, 75% solid & 1700mm AFL and/or high set windows, to Dwelling 2 1st floor
                            kitchen/dining/ living room windows, south elevation;
         b)       a schedule of external materials, finishes and colours incorporating colour samples;
         c)       a landscape plan to the satisfaction of the responsible authority must be submitted to and approved
                  by the responsible authority. When approved, the plan will be endorsed and will then form part of the
                  permit. The plan must be drawn to scale with dimensions and three copies must be provided. The
                  plan must show:
                  i)        details of surface finishes of pathways and driveways;
                  ii)       a planting schedule of all proposed trees, shrubs and ground covers, including botanical
                            names, common names, pot sizes, sizes at maturity, and quantities of each plant;
                  iii)      landscaping and planting within all open areas of the site;
                  iv)       minimum of 1 canopy tree within the front setback of each dwelling;
                  v)        screening shrubbery along the side boundaries of each lot;
                  vi)       the predominant use of plant species indigenous to the locality.
                  All species selected must be to the satisfaction of the responsible authority.




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Surf Coast Shire Council                                                                           28 January 2009
Agenda – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 69

         d)       a bond or bank guarantee to the value of $2000.00 must be deposited with the responsible authority
                  by the developer of the land as security against failure to protect existing native vegetation to be
                  retained or to comply with the landscape plan endorsed under this permit. The bond or bank
                  guarantee must be refunded by the responsible authority upon being satisfied that the requirements
                  of the landscape plan have been fulfilled to the satisfaction of the responsible authority.
         e)       a stormwater management plan (3 copies) to the satisfaction of the responsible authority must be
                  submitted to and approved by the responsible authority. When approved the plan will be endorsed
                  and will then form part of the permit and must include:
                         •   Connection to Council infrastructure;
2.       Before the occupation of the development:
         a)       or by such later date as is approved by the responsible authority in writing, the landscaping works
                  shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible
                  authority.
         b)       the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed plans
                  must be:
                  i)         constructed
                  ii)        properly formed to such levels that they can be used in accordance with the plans
                  iii)       surfaced with an all-weather-seal coat
                  iv)        drained
         to the satisfaction of the responsible authority.
         Car spaces, access lanes and driveways must be kept available for these purposes at all times
3.       The following requirements shall apply to vehicle crossings and driveways that shall be reconstructed to the
         satisfaction of the responsible authority:
         b)       Vehicle crossings shall be constructed in reinforced concrete or other approved material;
         c)       New vehicle crossings to suit the proposed driveways shall be constructed;
         d)       Redundant vehicle crossings shall be removed and kerb and channel or other approved road edgings
                  reinstated to suit the existing works.
4.       A Non-Utility-Minor Works permit shall be obtained form the Co-ordinating Road Authority defined in the
         Roads Management Act 2004 prior to any works being undertaken in road reserves.
5.       The development as shown on the endorsed plans must not be altered without the written consent of the
         responsible authority.

         Note:    Any plan approved under the Building Act and Regulations must not differ from the endorsed plan
                  forming part of this Permit.
SUBDIVISION
6.       Before the plan of subdivision can be certified, amended plans to the satisfaction of the responsible authority
         must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed
         and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies
         must be provided. The plans must be generally in accordance with the plans submitted with the application
         but modified to show:
              a. All bearings, distances, levels, street names, lot numbers, lot sizes, reserves and easements;
7.       The Plan of Subdivision:
         a.       must not be submitted for certification until the development allowed by this permit is substantially
                  complete; or
         b.       must create a restriction to the effect that the land must not be developed except in accordance with
                  the endorsed plans of this permit unless a fresh planning permit is issued for the development of the
                  land;
                  to the satisfaction of the responsible authority.



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Surf Coast Shire Council                                                                          28 January 2009
Agenda – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 70

8.       The permit authorises the creation of a restriction pursuant to Section 23 of the Subdivision Act 1988.
9.       Before a Statement of Compliance is issued under the Subdivision Act 1988, the applicant must provide
         stormwater connection to all lots to the satisfaction of the responsible authority.
10.      Each lot shown on the endorsed plans must be drained to the satisfaction of the responsible authority.
11.      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 the authority’s requirements and relevant legislation at the time.
12.      The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the
         following authorities in accordance with Section 8 of the Act:
             a. Barwon Region Water Authority;
             b. Country Fire Authority;
             c.   Powercor Australia Limited;
             d. TXU Networks (Gas);
             e. Telstra or other licensed telecommunications carrier, whichever is appropriate;
13.      The layout and site dimensions of the proposed subdivision as shown on the endorsed plans must not be
         altered without the written consent of the responsible authority.
                                                                                                               CARRIED




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Surf Coast Shire Council                                                                        28 January 2009
Agenda – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 71




ITEM NO:                8.2

PLANNING REF:           08/0379                              OFFICER:           Cameron Hayes

APPLICANT:              M GRECH & DC & L & CA                DATE RECEIVED:     11-Jul-2008
                        FORMOSA

SUBJECT LAND:           108 GREAT OCEAN RD, AIREYS INLET. (LOT: 32 LP: 125033)

PROPOSAL:               Development of fences

EXISTING USE:           Dwelling

ZONE:                   Residential 1

OVERLAYS:               Neighbourhood Character - Schedule 1, Environmental Significance - Schedule 4,
                        Design and Development - Schedule 10

ATTACHMENTS:


MOVED:        Geoff Fulton         SECONDED:        Wayne Reid

Committee Resolution:

That the responsible authority resolve to refuse to grant a permit for development of fences on the following grounds:

1.       The fences are contrary to the objective of Design and Development Overlay – Schedule 10 which seeks to
         retain a sense of openness between properties.
2.       The fences are contrary to the objectives of Environmental Significance Overlay – Schedule 4 which
         encourages fencing that provides for the movement of native fauna and to enhance vegetation corridors to
         provide habitat for the Rufous Bristlebird and other native fauna.

                                                                                                             CARRIED




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Surf Coast Shire Council                                                                       28 January 2009
Agenda – Ordinary Meeting
SECTION B REPORTS                                                                                     Page 72




ITEM NO:                8.3

PLANNING REF:           08/0110                              OFFICER:          Phil Rosevear

APPLICANT:              Sincock Planning                     DATE RECEIVED:    03-Mar-2008

SUBJECT LAND:           23 Yandanah Road, FAIRHAVEN. ( )

PROPOSAL:               Development of a dwelling and removal of native vegetation

EXISTING USE:           Dwelling

ZONE:                   Residential 1

OVERLAYS:               Neighbourhood Character - Schedule 1, Environmental Significance - Schedule 5,
                        Design and Development - Schedule 10

ATTACHMENTS:


MOVED:            Wayne Reid       SECONDED:        Tony Hobba

Committee Resolution:

The Committee resolves to overturn the officer’s recommendation and to issue a Notice of Refusal on the following
grounds:

1.       The proposed development fails to meet the objectives of the Neighbourhood Character Overlay –
         Schedule 1 in that it will:

         a)     Present a conspicuous profile against the landscape setting; and
         b)     Will protrude above the ridgeline to form a silhouette against the sky when viewed from the Great
                Ocean Road and the Fairhaven Beach, in proximity to the life saving club, which is considered a
                significant viewing point.
                                                                                                        CARRIED




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Surf Coast Shire Council                                                                                                 28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                                                Page 73




Minutes of Planning Committee Meeting No. 335 held at 5.00pm Monday 8 December 2008 in the Council
Chambers, Surf Coast Shire Offices, Torquay.

1.       OPENING OF MEETING
         5.09 pm

2.       PRESENT
         Rowan Cairney, Achalen Holmes, Geoff Fulton, Austin Swain and Phil Rosevear

3.       APOLOGIES
         Ni.

4.       CONFIRMATION OF MINUTES
         Held over until next meeting when committee members who sat on the 1 December meeting are present.

5.       PUBLIC PRESENTATIONS
          Item                Applicant                                       Objector
          8.1                 David Curtain                                   Larry Beaton
          8.2                 Brendan Grayson                                 Toni Syncock
          8.3                 -                                               Fadgyas Planning Services and Mr & Mrs Minton
                                                                              (apology)
          8.4                 Lynton Fergusson                                -
                              Mandy Fergusson
          8.5                 Rob Johnstone                                   Reg & Elizabeth Hamilton (apology)
                              Veronika Kirchner                               Fadgyas Planning Services (apology)
                                                                              Virginia Brown (Timbara Cluster Body Corporate)
                                                                              (apology)
                                                                              Barb Leavesley (AIDA) (apology)

6.       CONSIDERATION OF THE AGENDA
         To better accommodate submitters Item 8.3 was hear last.

7.       DECLARATION OF INTERESTS
         Austin Swain declared an interest in item 8.2.

8.       CONSIDERATION OF APPLICATIONS FOR A PERMIT

         Item 8.1            51 Beach Road, Torquay (08/0310) ..................................................................... Page 3
                             Development of four dwellings and subdivision of the land into four lots

         Item 8.2            18 Ninth Avenue, Anglesea (08/0451).................................................................. Page 17
                             Development of two dwellings, removal of native vegetation &
                             subdivision of the land into two lots

         Item 8.3            7 Orchid Grove, Fairhaven (08/0293) ...................................................................Page 33
                             Development of the land for a dwelling and removal of native vegetation

         Item 8.4            73 Ocean Road, Lorne (08/0611)………………………………………...................Page 45
                             Development of fences

         Item 8.5            2A Yandanah Road, Fairhaven (08/0201)…………………………………………...Page 51
                             Variation to a restrictive covenant




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Surf Coast Shire Council                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                   Page 74




9.       OTHER MATTERS
         Nil.

10.      CLOSE OF MEETING
         8.00 pm

         NEXT MEETING – 15 December 2008




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Surf Coast Shire Council                                                                            28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 75




ITEM NO:                 8.1

PLANNING REF:            08/0310                             OFFICER:               Ben Schmied

APPLICANT:               David Curtain Consulting Pty Ltd    DATE RECEIVED:         06-Jun-2008

SUBJECT LAND:            51 Beach Road, TORQUAY

PROPOSAL:                Development of four dwellings and subdivision of the land into four lots

EXISTING USE:            Two Dwellings

ZONE:                    Residential 1

OVERLAYS:                Design and Development - Schedule 1

ATTACHMENTS:             Clause 55 Assessment

MOVED:         Achalen Holmes      SECONDED:        Austin Swain
Points of discussion:
•      Letter received on 8 December 2008 from Van Til (objector) was presented to the Committee.
•      Points raised by both objectors noted.
•      Acknowledged high density of development but considered that single storey form would have low impact on
       adjoining properties and neighbourhood character.

Committee Resolution:

That the responsible authority resolve to issue a notice of decision to grant a permit for development of four dwellings
and subdivision of the land into four lots subject to the following conditions:

Development
1.     Before the development starts, amended plans to the satisfaction of the responsible authority must be
       submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will
       then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be
       provided. The plans must be generally in accordance with the plans prepared by Techno Draw, Ref SCJC
       Developments, submitted on 21 November 2008, but modified to show:
       a.      A schedule of external materials, finishes and colours incorporating colour samples;
       b.      The provision of 6m3 of externally accessible and secure storage for each dwelling;
       c.      Bin storage (three bins) for each dwelling which is conveniently located and not visible from the street;
       d.      A detailed landscaping proposal, generally consistent with the concept plan prepared by Sandy Lily
               Garden Design dated July 2008.
2.     Before the development starts a stormwater management plan (three copies) to the satisfaction of the
       responsible authority must be submitted to and approved by the responsible authority. When approved, the
       plan will be endorsed and will then form part of the permit. The plan must ensure that stormwater and drainage
       discharge from the development site meets current best practice performance objectives for stormwater (Urban
       Stormwater Best Practice Environmental Management Guidelines (CSIRO 1999)) and must include:
       a.      Connection for stormwater drainage from the site to Council infastructure.
3.     Before the occupation of the development, the area(s) set-aside for the parking of vehicles and access lanes as
       shown on the endorsed plans must be:
       a.      Constructed
       b.      Properly formed to such levels that they can be used in accordance with the plans
       c.      Surfaced with an ll-weather seal coat
       d.      Drained


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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 76

       to the satisfaction of the responsible authority.
       Car spaces, access lanes and driveways must be kept available for these purposes at all times.
4.     The following requirements shall apply to vehicle crossings and driveways that shall be constructed to the
       satisfaction of the responsible authority:
       a.      Vehicle crossings shall be constructed in reinforced concrete or other approved material;
       b.      Pathways shall be replaced with a section capable of sustaining traffic loadings where vehicle crossings
               are constructed;
       c.      A vehicle crossing or similar permit shall be obtained prior to any works being performed in the road
               reserve.
5.     The development as shown on the endorsed plans must not be altered without the written consent of the
       responsible authority.
Subdivision
6.     Before the plan of subdivision is certified under the Subdivision Act 1988, amended plans to the satisfaction of
       the responsible authority must be submitted to and approved by the responsible authority. When approved, the
       plans will be endorsed and then form part of the permit. The plans must be drawn to scale with dimensions the
       three copies must be provided. The plans must be generally in accordance with the plans submitted with the
       application but modified to show:
       a.      All bearings, distances, levels, street names, lot numbers, lot sizes, reserves and easements;
       b.      A drainage easement 2.0 metres wide in favour of Surf Coast Shire across the rear of the allotment to
               the satisfaction of the responsible authority;
7.     Before the plan of subdivision is certified under the Subdivision Act 1988 the development hereby approved
       must be completed to 'lock-up' (external cladding applied to the walls of the building).
8.     Before a Statement of Compliance is issued under the Subdivision Act 1988 the development as shown on the
       endorsed plans, including drainage, vehicle crossings and landscaping, must be completed to the satisfaction
       of the responsible authority.
9.     Before the statement of compliance is issued under the Subdivision Act 1988, in accordance with a decision of
       Council made under section 18 of that Act, the applicant or owner must pay to the responsible authority, as a
       financial contribution to open space, a sum equivalent to five per cent of the site value of all land in the
       subdivision.
10.    The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to the
       following authorities in accordance with Section 8 of the Act:
       a.      Barwon Region Water Authority;
       b.      Powercor Australia Limited;
       c.      Telstra or other licensed telecommunications carrier, whichever is appropriate;
       d.      TXU Networks (Gas).
11.    The layout and site dimensions of the proposed subdivision as shown on the endorsed plans must not be
       altered without the written consent of the responsible authority.
Conditions required by Barwon Water
12.    The certified plan must create implied easements under Section 12(2) of the Subdivision Act, over all proposed
       and existing water and sewerage works within the subdivision.
13.    The creation of an Owners Corporation to encumber all lots within the subdivision.
14.    The provision and installation of individual water services including meters to all lots in the subdivision in
       accordance with Barwon Water's requirements and Victorian Plumbing Regulations. A dimensioned plan
       showing location of all meters relative to allotment boundaries, and its number(s) is to be submitted. Note that
       tappings and services are not to be located under existing or proposed driveways.
15.    The payment of New Customer Contributions for each additional lot created and/or each additional metered
       connection for water supply within the subdivision.




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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                         Page 77

16.    An additional tapping(s) is to be supplied to service the proposed development. A dimensioned plan showing
       location of all new tappings relative to allotment boundaries, and its number(s), is to be submitted, where a
       meter is not being fitted. Note that tappings and services are not to be located under existing or proposed
       driveways.
17.    Barwon Water's records indicate that an existing water service and meter is located on this property. A
       dimensioned plan showing the location of existing meters, and the location of the meter relative to the existing
       boundaries, and its number, is to be submitted. Private water service pipes are not permitted to cross allotment
       boundaries and must be plugged and abandoned at the boundaries of such allotments.
18.    The provision of sewerage services to all lots in the subdivision in accordance with Barwon Water's
       requirements and Victorian Plumbing Regulations. Individual allotment house connection drains are to be
       provided for and extend into each allotment.
19.    The payment of New Customer Contributions for sewer for each additional lot created and/or each additional
       metered connection within the subdivision.
20.    Any existing house connection branch that is to be utilised for additional connections or altered to serve the
       development is to be CCTV inspected with the report and/or video submitted to Barwon Water for condition
       assessment. If it is deemed by Barwon Water that the branch is unsatisfactory for use, it is to be removed and
       replaced at the developer's expense. Also, any existing house connection drain that traverses through the
       proposed allotments shall be relocated so as not to inhibit future development.
Conditions required by Powercor
21.    The applicant shall:
       a.      Provide an electricity supply to all lots in the subdivision in accordance with Powercor's requirements and
               standards, including the extension, augmentation or re-arrangement of any existing electricty supply
               system, as required by Powercor.
       b.      Where buildings or other installations exist on the land to be subdivided and are connected to the
               electricity supply, they shall be brought into compliance with the Supply and Installation Rules issued by
               the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical
               Contractor.
       c.      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.
                                                                                                                  CARRIED




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Surf Coast Shire Council                                                                              28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                            Page 78




ITEM NO:                  8.2

PLANNING REF:             08/0451                              OFFICER:               Jennifer Davidson

APPLICANT:                YOUR HOUSE PTY LTD                   DATE RECEIVED:         18-Aug-2008

SUBJECT LAND:             18 NINTH AVE, ANGLESEA. (LOT: 89 SEC: C LP: 9772)

PROPOSAL:                 Development of two dwellings, removal of native vegetation & subdivision of the land
                          into two lots

EXISTING USE:             Vacant Residential Land

ZONE:                        Residential 1 Zone

OVERLAYS:                    Signficiant Ladnscape Overlay (Schedule 3)

ATTACHMENTS:


MOVED:             Geoff Fulton       SECONDED:       Achalen Holmes

Points of Discussion:

Austin Swain left the room at 5.44 pm in response to his stated interest in this item. Austin Swain returned to the
meeting at 5.52 pm following determination of the item.

Committee Resolution:

That the responsible authority resolve to issue a notice of decision to grant a permit for Development of two dwellings,
removal of native vegetation & subdivision of the land into two lots subject to the following conditions:
USE AND DEVELOPMENT
1.       Before the development starts:
         a)        Amended plans to the satisfaction of the responsible authority must be submitted to and approved by
                   the responsible authority. When approved, the plans will be endorsed and will then form part of the
                   permit. The plans must be drawn to scale with dimensions and three copies must be provided. The
                   plans must be generally in accordance with the plans submitted with the application but modified to
                   show:
                   i)         A revised schedule of external materials, finishes and colours incorporating colour samples.
                              External colours should be neutral and muted to assist in visually blending the building with
                              the surrounding natural landscape and must include substitution of Colorbond Surfmist and
                              Colorbond Dune of Dwelling 1 for darker colours.
                   ii)        The provision of fixed screens, no more than 25% transparent with a height to 1.7 metres
                              above the floor level, to the first floor east facing habitable room windows and the east
                              elevation of the first floor decks.
                   iii)       The provision of a fixed screen(s) along the eastern boundary of the site, no more than 25%
                              transparent with a height of 1.7 metres above the finished floor level of Dwelling 2, adjacent
                              to the east facing habitable room windows of Dwelling 2, to prevent direct overlooking into the
                              tennis court of the adjoining property to the east.
                   iv)        Provide details of a second car space for both dwellings.
                   v)         Provide a suitable turning area for the second car space on Lot 2 to permit the vehicles using
                              both car spaces to exit in a forward direction.
                   vi)        The driveway for Dwelling 2 relocated 0.5 metres to the west to provide a 1.0 metre wide
                              garden bed along the eastern side of the driveway.
                   vii)       A plan notation that the driveways will be constructed from gravel or a similar material,
                              providing an informal appearance.



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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                           Page 79

                   viii)     The removal of the trees identified as Trees No. 6, 16, 17 and 20 in the report prepared by
                             Stephen Bayley of ‘Tree Watch’, dated 10 September 2008.
         b)        A landscape plan to the satisfaction of the responsible authority must be submitted to and approved
                   by the responsible authority. When approved, the plan will be endorsed and will then form part of the
                   permit. The plan must be drawn to scale with dimensions and three copies must be provided. The
                   landscaping plan must be generally in accordance with the landscape concept plan dated (October
                   2008) prepared by (Landscape Architecture Pty Ltd), except that the plan must show:
                   i)        An increase in the shrub planting density throughout the site, to provide a sense that the
                             development is nestled amongst the trees and as a visual screen.
                   ii)       Predominantly the use of plant species indigenous to the locality.
                   All species selected must be to the satisfaction of the responsible authority.
         c)        A bond or bank guarantee to the value of $2000 must be deposited with the responsible authority by
                   the developer of the land as security against failure to protect existing native vegetation to be
                   retained or to comply with the landscape plan endorsed under this permit. The bond or bank
                   guarantee must be refunded by the responsible authority upon being satisfied that the requirements
                   of the landscape plan have been fulfilled to the satisfaction of the responsible authority.
2.       The removal and retention (including lopping and dead wooding) of vegetation shall be in accordance with the
         arborist report prepared by Stephen Bayley of ‘Tree Watch’ dated 10 September 2008.
3.       Tree protection measures must be undertaken in accordance with the arborist report prepared by Stephen
         Bayley of ‘Tree Watch’ dated 10 September 2008 to minimise the damage to any vegetation to be retained.
4.       The owner must ensure that contractors/tradespersons who install services or work near the vegetation to be
         retained are made aware of the need to preserve the vegetation and to minimise impacts through appropriate
         work practices.
5.       Before the occupation of the development:
         a)        Or by such later date as is approved by the responsible authority in writing, the landscaping works
                   shown on the endorsed plans must be carried out and completed to the satisfaction of the
                   responsible authority.
         b)        Gaps greater than 1.0 metre wide, resulting from lopping of vegetation along the eastern boundary of
                   the site, must be revegetated with indigenous shrubs capable of reaching a minimum mature height
                   of 2.5 metres to provide a visual screen between the subject land and the adjoining property to the
                   east (No. 16 Ninth Avenue, Anglesea).
         c)        The area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed plans
                   must be:
                   i)        constructed
                   ii)       properly formed to such levels that they can be used in accordance with the plans
                   iii)      surfaced with an all-weather-seal coat
                   iv)       drained
                   to the satisfaction of the responsible authority.
                   Car spaces, access lanes and driveways must be kept available for these purposes at all times.
6.       All buildings and works must be constructed and maintained in materials and colours which are in accordance
         with the Surf Coast Style and Colours Policy to the satisfaction of the responsible authority.
7.       The development as shown on the endorsed plans must not be altered without the written consent of the
         responsible authority.




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Surf Coast Shire Council                                                                            28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 80




         Notes: Any plan approved under the Building Act and Regulations must not differ from the endorsed plan
                forming part of this Permit.
                  The following shall apply to vehicle crossings and driveways that shall be constructed to the
                  satisfaction of the Responsible Authority:
                   O Vehicle crossing shall be constructed in reinforced concrete or other approved material;
                   O New vehicle crossings to suit the proposed driveway shall be constructed;
                  A ‘Non Utility – Minor Works’ permit shall be obtained from the Coordinating Road Authority as
                  defined in the Road Management Act 2004 prior to any works being preformed in the road reserve.
         SUBDIVISION
8.       Before any drainage works associated with the subdivision start, detailed construction plans to the
         satisfaction of the responsible authority must be submitted to and approved by the responsible authority.
         When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to
         scale with dimensions and three copies must be provided. The plans must include:
         a)        Connection of the stormwater drainage for each lot to council infrastructure.

9.       This permit authorises the creation of a restriction pursuant to Section 23 of the Subdivision Act 1988.
10.      The Plan of Subdivision:
         a)        Must not be submitted for certification until the development allowed by this permit is substantially
                   complete; or
         b)        Must create a restriction to the effect that the land must not be developed except in accordance with
                   the endorsed plans of this permit unless a fresh planning permit is issued for the development of the
                   land;
         to the satisfaction of the Responsible Authority.
11.      Before the plan of subdivision can be certified, amended plans to the satisfaction of the responsible authority
         must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed
         and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies
         must be provided. The plans must be generally in accordance with the plans submitted with the but modified
         to show:
         a)        All bearings, distances, levels, street names, lot numbers, lot sizes, reserves and easements;
         b)        Easements in favour of the responsible authority to the satisfaction of the responsible authority.
12.      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 the authority’s requirements and relevant legislation at the time.
13.      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.
14.      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.
15.      Before a statement of compliance is issued under the Subdivision act 1988, the applicant must provide
         drainage for each lot to the satisfaction of the responsible authority.
16.      The layout and site dimensions of the proposed subdivision as shown on the endorsed plans must not be
         altered without the written consent of the responsible authority.

                                                                                                                 CARRIED




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Surf Coast Shire Council                                                                               28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                             Page 81




ITEM NO:                  8.3

PLANNING REF:             08/0293                             OFFICER:                Maggie Juniper

APPLICANT:                E J WASNIEWSKI                      DATE RECEIVED:          27-May-2008

SUBJECT LAND:             7 ORCHID GR, FAIRHAVEN. (LOT: 55 PS: 422122)

PROPOSAL:                 Development of the land for a dwelling and removal of native vegetation

EXISTING USE:             Vacant

ZONE:                     Residential 1

OVERLAYS:                 Neighbourhood Character - Schedule 1, Environmental Significance - Schedule 5,
                          Design and Development - Schedule 10

ATTACHMENTS:


MOVED:         Achalen Holmes        SECONDED:       Austin Swain

Committee Resolution:

That the responsible authority resolves to issue a notice of decision to grant a permit for Development of the land for
a dwelling and removal of native vegetation subject to the following conditions:
USE AND DEVELOPMENT
1.       Before the development starts:
         a)        amended plans to the satisfaction of the responsible authority must be submitted to and approved by
                   the responsible authority. When approved, the plans will be endorsed and will then form part of the
                   permit. The plans must be drawn to scale with dimensions and three copies must be provided. The
                   plans must be generally in accordance with the plans submitted with the application but modified to
                   show:
                   i)        the front boundary setback reduced by a minimum of 3m to 22.645m and the rear boundary
                             setback increased by a minimum of 3m to a 7.600m;
                   ii)       in determining the final front setback the dwelling should be sited to achieve the maximum
                             retention of canopy trees and preferably two additional canopy trees at the rear of the site;
         b)        an amended landscape plan to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plan will be endorsed and will then form
                   part of the permit. The plan must be drawn to scale with dimensions and three copies must be
                   provided. The plan must show:
                   i)        the amended dwelling boundary setbacks;
                   ii)       a survey of all existing vegetation and natural features showing plants to be removed and
                             retained;
                   iii)      details of surface finishes of pathways and driveways;
                   v)        a schedule of all proposed trees, shrubs and ground cover, which will include the location,
                             number and size at maturity of all plants, the botanical and common names of such plants
                             and the location of all areas to be covered by grass, lawn or other surface materials.
                   vi)       the use of indigenous plant species from Ecological Vegetation Class 48 -Heathy Woodland
                   vii)      planting within all open areas of the site with a minimum of 3 new indigenous trees and 5
                             new indigenous shrubs to offset the 17 indigenous trees and associated understorey to be
                             removed, in accordance with the Dept of Environment & Sustainability requirements at
                             condition 15;

         c)        a bond or bank guarantee to the value of $1,000 must be deposited with the responsible authority by
                   the developer of the land as security against failure to protect existing native vegetation to be

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Surf Coast Shire Council                                                                            28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 82

                   retained or to comply with the landscape plan required by this permit. The bond or bank guarantee
                   must be refunded by the responsible authority upon being satisfied that the requirements of the
                   landscape plan have been fulfilled to the satisfaction of the responsible authority.
         d)        a high visibility temporary tree protection barrier must be erected around vegetation to be retained in
                   consultation with an aborist. This barrier is to be maintained during the entire construction period to
                   prevent workers and associated vehicles, temporary stack sites, waste collection areas and any other
                   associated use during the construction impacting on remaining native vegetation.
2.       Before the occupation of the development:
         a)        or by such later date as is approved by the responsible authority in writing, the landscaping works
                   shown on the endorsed plans must be carried out and completed to the satisfaction of the
                   responsible authority.
         b)        the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed plans
                   must be:
                   All species selected must be to the satisfaction of the responsible authority.

3.       Before the occupation of the development, the area(s) set-aside for the parking of vehicles and access lanes
         as shown on the endorsed plans must be:
         a)       constructed
         b)       properly formed to such levels that they can be used in accordance with the plans
         c)       surfaced with an all-weather-seal coat, gravel or crushed rock
         d)       drained
         to the satisfaction of the responsible authority.
         Car spaces, access lanes and driveways must be kept available for these purposes at all times.

4.       The following requirements shall apply to vehicle crossings and driveways that shall be constructed to the
         satisfaction of the responsible authority:
         a)       Vehicle crossings shall be constructed in reinforced concrete or other approved material;
         b)       New vehicle crossings to suit the proposed driveways shall be constructed;

5.       A “Non-Utility - Minor Works” permit shall be obtained from the Coordinating Road Authority defined in the
         Roads Management Act 2004 prior to any works being undertaken in road reserves.
6.       The development as shown on the endorsed plans must not be altered without the written consent of the
         responsible authority.

         Note:    Any plan approved under the Building Act and Regulations must not differ from the endorsed plan
                  forming part of this Permit.

         Note:    Prior to the commencement of any works within the road reserve, a permit for those works must be
                  obtained, with any conditions placed on the permit adhered to. Permits are available from the Shire
                  Offices. Failure to obtain a permit or adhere to the conditions placed on the permit may result in
                  removal of any work completed and reconstruction to council standards. The cost of removal and
                  reconstruction work shall be borne by the applicant.
Conditions requested by the Department of Natural Resources and Environment
7.       Prior to the removal of any native vegetation, all persons undertaking the works on site must be advised of all
         relevant conditions of this permit.
8.       To prevent the spread of weeds and pathogens, all earth moving equipment and associated machinery,
         including tip truck and low loaders, is to be made free of soil, seed and plant material before being taken to
         the works site and again prior to leaving the works site at the completion of the project. Contractors are
         required to certify to the responsible authority that the cleaning has been carried out.
9.       The clearing of native vegetation must be to the minimum extent necessary to allow the construction of
         buildings and associated access and allow provision of services to the satisfaction of the responsible
         authority upon advice of the Department of Sustainability and Environment.
10.      To prevent damage to the remaining native vegetation, the extent of vegetation removal (or the construction
         zone) is to be marked with a high visibility temporary barrier. This barrier is to be maintained during the entire
         construction period to prevent workers and associated vehicles, temporary stack sites, waste collection areas
         and any other associated use during the construction impacting on remaining native vegetation.

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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 83

11.      To assist the Plant Operator in identifying trees to be felled, all trees approved fro removal during the site
         inspection must be marked with a painted coloured “X”. Trees approved for branch trimming must be marked
         with a painted coloured “T”.
12.      Tree trimming operations must be undertaken using the three cut method as described in Vic Roads Road
         Management Guide and the Australian standard for pruning amenity trees (as 4373-1996)
13.      Vegetation must be felled inside the prescribed works area to avoid damaging remaining vegetation located
         outside this area.
14.      Vegetation removal and disposal must not cause damage to vegetation stands to be retained.
15.       Indigenous trees removed will be compensated by the provision of at least 3 new indigenous trees and 5
         new indigenous shrubs within 12 months of the commencement of works. Plants are to be selected using
         local provenance indigenous species listed in the “Indigenous planting guide for urban coastal areas within
         Surf Coast Shire.”, Surf Coast Shire 2003., and consistent with the Ecological Vegetation Class EVC
         Benchmark species list for EVC 48 Heathy Woodland.
16.      For all newly planted vegetation, a survival rate of 100% is to be achieved after 12 months or replacement
         planting is to occur until that rate is achieved.
17.      No environmental weeds as contained in the booklet “Environmental Weeds: Invaders of our Surf Coast” are
         to be planted, and if present on the land must be removed.
18.      No soil, rock, gravel or other like material will be brought onto site unless accompanied by a certificate
         indicating that it is free of Phytophthora and weed species.

                                                                                                             CARRIED




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 84




ITEM NO:                 8.4

PLANNING REF:            08/0611                             OFFICER:            Cameron Hayes

APPLICANT:               LB FERGUSON                         DATE RECEIVED:      07-Nov-2008

SUBJECT LAND:            73 OCEAN RD, LORNE. (CA: 3 PT: Y SEC: 17)

PROPOSAL:                Development of fences

EXISTING USE:            Dwelling

ZONE:                    Residential 1

OVERLAYS:                Neighbourhood Character Scehdule 2, Significant Landscape Schedule 4 and Design
                         & Development Schedule 12

ATTACHMENTS:

MOVED:         Achalan Holmes
Motion to accept the officer’s recommendation was moved by Achalen Holmes but as there was no seconder the
motion was not progressed.
MOVED:         Geoff Fulton         SECONDED:       Austin Swain

Committee Resolution:
The Committee defers it decision in relation to this item pending public notice of the application and lodgement of
amended plans.
                                                                                                              CARRIED




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Surf Coast Shire Council                                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                      Page 85




ITEM NO:                 8.5

PLANNING REF:            08/0201                               OFFICER:         Phil Rosevear

APPLICANT:               Fadgyas Planning Associates           DATE RECEIVED:   16-Apr-2008
                         Pty Ltd

SUBJECT LAND:            2A YANDANAH RD, FAIRHAVEN. (LOT: 1 PS: 523496A)

PROPOSAL:                Variation to a restrictive covenant

EXISTING USE:            Vacant

ZONE:                        Residential 1 Zone

OVERLAYS:                    WMO, ESO5, NCO1, DDo10

ATTACHMENTS:

MOVED:         Geoff Fulton           SECONDED:      Austin Swain

Alterations:

Revised grounds for refusal were tabled by the planning officer prior to the Committees consideration of this matter.

Points of Discussion:
Complicated issue: considered that the test to be applied under Section 60 of the Planning & Environment Act could
not be satisfied.
Committee Resolution:
That the responsible authority resolves to refuse to grant a permit for Variation to a Restrictive Covenant on the
following grounds:

1.     The application does not meet the test for varying a restriction with the meaning of the Subdivision Act 1998
       under Section 60(2) of the Planning and Environment Act.

2.     The proposed building envelope is contrary to the objectives of clause 15.08, and 15.09 of the State Planning
       Policy Frameworks in that it fails to:
             • Fails to ensure development is sensitively sited and designed,
             • Fails to protect or maintain areas of environmental significance, and
             • Fails to assist the conservation of threatened and endangered species and communities as identified
                 under the Flora and Fauna Guarantee Act 1988.

3.     The proposed building envelope is contrary to the objective and policies in clause 21.05, 21.06 and 21.13 of the
       Municipal Strategic Statement in that it:
            • Fails to protect significant flora and fauna and the environmental qualities of the coastal environment.
            • Fails to preserve vistas of natural landscape features viewed fro the Great Ocean Road and public
                 viewing points

4.     The proposed building envelope will not produce acceptable outcomes when assessed against the decision
       guidelines in clause 65.01.

5.     The proposed building envelope fails to avoid the removal of significant native indigenous vegetation and is
       contrary to the principles of the State’s Native Vegetation Framework.

6.     The proposal will compromise biodiversity and flora and fauna values in the locality and may result in the loss
       of protected flora and fauna under the Flora and Fauna Guarantee Act.

                                                                                                             CARRIED




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Surf Coast Shire Council                                                                                              28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                                             Page 86




Minutes of Planning Committee Meeting No. 336 held at 5.00pm Monday 15 December 2008 in the
Council Chambers, Surf Coast Shire Offices, Torquay.

1.       OPENING OF MEETING
         5.08 pm

2.       PRESENT
         Tony Hobba, Austin Swain, Achalen Holmes, Wayne Reid and Phil Rosevear
         Austin Swan left the meeting at 7.20 pm.

3.       APOLOGIES
         Nil.

4.       CONFIRMATION OF MINUTES
         Minutes of the Planning Committee Meeting held on Monday 1 December 2008
         MOVED: Wayne Reid SECONDED: Tony Hobba
         Minutes of the Planning Committee Meeting held Monday 8 December 2008
         MOVED: Austin Swain SECONDED: Achalen Holmes

5.       PUBLIC PRESENTATIONS
          Item                Applicant                                    Objector
          8.1                 -                                            -
          8.2                 Alistair Ritchie                             -
          8.3                 David Seeley                                 Leon Borelli
                              Elizabeth Montgomery
          8.4                 Julie Katz                                   George & Isobel Anastasiadis (apology)
                              Mark Casey                                   Lyne Nugent
          8.5                 Paul Hemingway                               John Wilson

6.       CONSIDERATION OF THE AGENDA
         As reported.

7.       DECLARATION OF INTERESTS
         Nil.

8.       CONSIDERATION OF APPLICATIONS FOR A PERMIT

         Item 8.1            17 Parkside Crescent, Torquay (08/0292)............................................................ Page 3
                             Development of two (2) dwellings

         Item 8.2            42 Eagle Rock Parade, Aireys Inlet (08/0339) ..................................................... Page
                             11
                             Development of two habitable outbuildings ancillary to the
                             existing dwellings and removal of native vegetation

         Item 8.3            36 Robyn Road, Moggs Creek (08/0236)............................................................. Page
                             25
                             Development of a multi-level dwelling

         Item 8.4            100 The Esplanade, Torquay
                             (08/0345)………………………………...................Page 37
                             Subdivision of the land into 29 residential lots

         Item 8.5            33 Glaneuse Road, Torquay (08/0340)…………………………………………. ..
                             Page 65


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Surf Coast Shire Council                                                                  28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                Page 87

                             Development of a second dwelling; alterations & additions
                             to the existing dwelling and subdivision of the land in to
                             two lots

9.       OTHER MATTERS
         Commencement date for Planning Committee in 2009.
10.      CLOSE OF MEETING
         7.45 pm

         NEXT MEETING – To be advised




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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                           Page 88




ITEM NO:                   8.1

PLANNING REF:              08/0292                            OFFICER:              Maggie Juniper

APPLICANT:                 M VIDUKA-CUDINA                    DATE RECEIVED:        27-May-2008

SUBJECT LAND:              17 PARKSIDE CRS, TORQUAY. (LOT: 249 LP: 28624)

PROPOSAL:                  Development of two (2) dwellings

EXISTING USE:              Vacant

ZONE:                      Residential 1

OVERLAYS:                  Design and Development - Schedule 1

ATTACHMENTS:


MOVED: Austin Swain                    SECONDED: Achalen Holmes
Committee Resolution:
It is recommended that a notice of decision to grant a permit to develop two (2) dwellings be issued subject
to the following conditions:
1.       Before the development starts:
         f)        amended plans to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plans will be endorsed and will
                   then form part of the permit. The plans must be drawn to scale with dimensions and three
                   copies must be provided. The plans must be generally in accordance with the plans
                   submitted with the application but modified to show:
                   i)        a schedule of external materials, finishes and colours incorporating colour samples;
                   ii)       notation that Unit 2 garage will be set 150mm off the common boundary to allow
                             retention of the common boundary fence.
         g)        a bond or bank guarantee to the value of $2000 must be deposited with the responsible
                   authority by the developer of the land as security against failure to protect existing native
                   vegetation to be retained or to comply with the landscape plan endorsed under this permit.
                   The bond or bank guarantee must be refunded by the responsible authority upon being
                   satisfied that the requirements of the landscape plan have been fulfilled to the satisfaction of
                   the responsible authority.
2.       Before the occupation of the development:
         a)        or by such later date as is approved by the responsible authority in writing, the landscaping
                   works shown on the endorsed plans must be carried out and completed to the satisfaction of
                   the responsible authority.
         b)        the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed
                   plans must be:
                   viii)     constructed
                   ix)       properly formed to such levels that they can be used in accordance with the plans
                   x)        surfaced with an all-weather-seal coat
                   xi)       drained
                   to the satisfaction of the responsible authority.
                   Car spaces, access lanes and driveways must be kept available for these purposes at all
                   times.




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Surf Coast Shire Council                                                                      28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                    Page 89

3.       All buildings and works must be constructed and maintained in materials and colours which are in
         accordance with the Surf Coast Style and Colours Policy to the satisfaction of the responsible
         authority.
4.       The development as shown on the endorsed plans must not be altered without the written consent of
         the responsible authority.

         Note:    Any plan approved under the Building Act and Regulations must not differ from the endorsed
                  plan forming part of this Permit.
                                                                                                  CARRIED




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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 90




ITEM NO:                  8.2

PLANNING REF:             08/0339                            OFFICER:              Jennifer Davidson

APPLICANT:                Stephen Ritchie                    DATE RECEIVED:        25-Jun-2008

SUBJECT LAND:             42 EAGLE ROCK PDE, AIREYS INLET (Lot 1 PS 056284)

PROPOSAL:                 Development of two habitable outbuildings ancillary to the existing dwellings and
                          removal of native vegetation

EXISTING USE:             Residential

ZONE:                     Residential 1

OVERLAYS:                 Neighbourhood Character - Schedule 1, Environmental Significance - Schedule 4,
                          Design and Development - Schedule 10

ATTACHMENTS:

MOVED:         Achalen Holmes       SECONDED: Austin Swain
Points of Discussion:
Some discussion regarding what was required by an all-weather seal coat. Committee members indicated
that crushed rock would be satisfactory.
Committee Resolution:
That the responsible authority resolve to issue a Notice of Decision for the development of two habitable
outbuildings ancillary to the existing dwellings and removal of native vegetation subject to the following
conditions:
DEVELOPMENT
1.       Before the development starts:
         a)        Amended plans to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plans will be endorsed and will
                   then form part of the permit. The plans must be drawn to scale with dimensions and three
                   copies must be provided. The plans must be generally in accordance with the plans
                   submitted with the application dated 25 June 2008 and 18 November 2008 but modified to
                   show:
                   i)        The northern habitable outbuilding relocated to be a minimum of 3.0 metres from the
                             north-western (rear) boundary.
                   ii)       Extension of car spaces 3 and 4 to provide the car space dimensions outside the
                             access aisle and compliant with the relevant car parking standard.
                   iii)      A plan notation that the bench and sink within the sitting area will be a tea and
                             coffee area.
                   iv)       The location of a materials and machinery storage area(s) to be utilised for the
                             construction of the outbuildings.
         b)        A landscape plan to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plan will be endorsed and will
                   then form part of the permit. The plan must be drawn to scale with dimensions and three
                   copies must be provided. The plan must show:
                   i)        The location and species type of vegetation to be removed and lopped, including
                             details of the lopping.
                   ii)       The location and species type of replacement planting in accordance the DSE
                             conditions below.
                   iii)      Details of the weed control program in accordance with the DSE condition below.


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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                           Page 91

                   All species selected must be to the satisfaction of the responsible authority.
         c)        a bond or bank guarantee to the value of $1000 must be deposited with the responsible
                   authority by the developer of the land as security against failure to protect existing native
                   vegetation to be retained or to comply with the landscape plan endorsed under this permit.
                   The bond or bank guarantee must be refunded by the responsible authority upon being
                   satisfied that the requirements of the landscape plan have been fulfilled to the satisfaction of
                   the responsible authority.
2.       Before the occupation of the development the area(s) set-aside for the parking of vehicles and
         access lanes as shown on the endorsed plans must be:
                   xii)      constructed
                   xiii)     properly formed to such levels that they can be used in accordance with the plans
                   xiv)      surfaced with an all-weather-seal coat
                   xv)       drained
                   to the satisfaction of the responsible authority.
                   Car spaces, access lanes and driveways must be kept available for these purposes at all
                   times.
3.       The internal layout of the outbuildings approved under this permit must not be modified without the
         written consent of the Responsible Authority.
4.       No construction materials or machinery may be located outside the approved ‘materials and
         machinery storage area(s)’ during the development of the outbuildings without the written consent of
         the responsible authority.
5.       All buildings and works must be constructed and maintained in materials and colours which are in
         accordance with the Surf Coast Style and Colours Policy to the satisfaction of the responsible
         authority.
6.       The development as shown on the endorsed plans must not be altered without the written consent of
         the responsible authority.

         Note:    Any plan approved under the Building Act and Regulations must not differ from the endorsed
                  plan forming part of this Permit.
Conditions required by the Department of Sustainability and Environment
7.       Prior to the removal of any native vegetation, all persons undertaking the works on site must be
         advised of all relevant conditions of this permit.
8.       The clearing of native vegetation must only be to the minimum extent necessary to allow the
         construction of the two outbuildings and associated access and allow the provision of services to the
         satisfaction of the responsible authority.
9.       To prevent damage to the remaining native vegetation, the extent of vegetation removal (or the
         construction zone) is to be marked with a high visibility temporary barrier. This barrier is to be
         maintained during the entire construction period to prevent workers associated vehicles, temporary
         stack sites, waste collection areas and any other associated use during the construction impacting
         on remaining native vegetation.
10.      To assist Plan Operator in identifying the trees to be felled, all trees approved for removal during the
         site inspection must be marked with a painted colour ‘X’ and those to be trimmed with a ‘T’.
11.      Tree trimming operations must be undertaken using the three cut method as described in the
         VicRads Road Management Guide and the Australian standards for pruning amenity trees (AS 4373-
         1996).
12.      Vegetation must be felled inside the prescribed works area to avoid damaging remaining vegetation
         located outside this area.
13.      Vegetation removal and disposal must not cause damage to vegetation stands to be retained.
14.      To compensate for the removal of native vegetation, the remaining remnant vegetation on the site is
         to be managed for the protection and enhancement of the biodiversity values. Each indigenous tree

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Surf Coast Shire Council                                                                       28 January 2009
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SECTION B REPORTS                                                                                     Page 92

         removed will be replaced with 3 indigenous trees and 5 indigenous shrubs within 12 months of the
         commencement of the works. Please are to be selected using local provenance indigenous species
         listed in the ‘Indigenous planting guide – for urban coastal area within the Surf Coast shire’, Surf
         Coast Shire 2003 (http://www.surfcoast.vic.gov.au/indigenousveg.htm?p10).
15.      No environmental weeds as listed in the publication ‘Environmental Weeds – Invaders of out Surf
         Coast’ 2002 are to be planted or allowed to invade the site.
16.      A weed control program is to be implemented to control weeds but not limited to Coastal Tea Tree
         (Leptospermum laevigatum) and Coastal Wattle (Coastal longifolia var. sophorae), within 24 months
         of commencement of works.
                                                                                                  CARRIED




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Surf Coast Shire Council                                                                               28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                             Page 93




ITEM NO:                  8.3

PLANNING REF:             08/0236                             OFFICER:                Jorgen Peeters

APPLICANT:                Seeley Architects Pty Ltd           DATE RECEIVED:          01-May-2008

SUBJECT LAND:             36 ROBYN RD, MOGGS CREEK (LOT: 27 LP: 20642)

PROPOSAL:                 Development of a multi-level dwelling

EXISTING USE:             Dwelling

ZONE:                     Residential 1

OVERLAYS:                 Neighbourhood Character - Schedule 1, Environmental Significance - Schedule 4,
                          Design and Development - Schedule 10, Wildfire Management

ATTACHMENTS:              Clause 54 assessment



MOVED: Wayne Reid               SECONDED: Achalen Holmes
Points of Discussion:
Very difficult decision as the assessment of whether reasonable view sharing has been achieved, could have
gone either way. The Committee acknowledged the likely impact on the objectors view but considered the
loss reasonable when considered within the overall panorama available.
Committee Resolution:
That the responsible authority resolve to issue a notice of decision to grant a permit for development of a
multi-level dwelling subject to the following conditions:
1.       Before the development starts:
         a)        amended plans to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plans will be endorsed and will
                   then form part of the permit. The plans must be drawn to scale with dimensions and three
                   copies must be provided. The plans must be generally in accordance with the plans
                   submitted with the application but modified to show:
                   i)        a schedule of external materials, finishes and colours incorporating colour samples.
                             External colours should be neutral and muted to assist in visually blending the
                             building with the surrounding natural landscape;
                   ii)       deletion of the roof over the north-facing deck replaced with an eave of 1.2 metres;
                   iii)      adequate manoeuvring area for the car spaces to access the carport.
         b)        a landscape plan to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plan will be endorsed and will
                   then form part of the permit. The plan must be drawn to scale with dimensions and three
                   copies must be provided. The plan must show:
                   i)        a survey (including botanical names) of all existing vegetation to be retained and/or
                             removed;
                   ii)       buildings and trees (including botanical names) on neighbouring properties within
                             three metres of the boundary;
                   iii)      details of surface finishes of pathways and driveways;
                   iv)       a planting schedule of all proposed trees, shrubs and ground covers, including
                             botanical names, common names, pot sizes, sizes at maturity, and quantities of
                             each plant;
                   v)        landscaping and planting along the western boundary of the site to screen the
                             dwelling from view within the Robyn Road streetscape;

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Surf Coast Shire Council                                                                             28 January 2009
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SECTION B REPORTS                                                                                           Page 94

                   vi)       only the use of plant species indigenous to the locality.
                   All species selected must be to the satisfaction of the responsible authority.
         c)        a construction management plan to the satisfaction of the responsible authority must be
                   submitted to and approved by the responsible authority. When approved, the plans will be
                   endorsed and will then form part of the permit. The plan must address the following matters:
                   i)        The delineation of a construction zone beyond which all native vegetation and the
                             creek shall be protected.
                   ii)       Methods to undertake excavation without encroaching on the vegetation protection
                             zone and causing sedimentation of the creek.
                   iii)      The stockpiling and disposal of soil.
                   iv)       Details of the location of all construction equipment and facilities as required,
                             including delivery points, storerooms, toilets, temporary office space, waste storage
                             and workers facilities.
         d)        a bond or bank guarantee to the value of $2000 must be deposited with the responsible
                   authority by the developer of the land as security against failure to protect existing native
                   vegetation to be retained or to comply with the landscape plan endorsed under this permit.
                   The bond or bank guarantee must be refunded by the responsible authority upon being
                   satisfied that the requirements of the landscape plan have been fulfilled to the satisfaction of
                   the responsible authority.
2.       Before any construction on the site commences, including driveway or footing excavation:
         a)        A vegetation and creek protection zone must be delineated in accordance with the endorsed
                   construction management plan.
         b)        The protection zones must be fenced and signed to the satisfaction of the responsible
                   authority in a manner that does not compromise the trees root zones.
3.       During construction works,
         a)        The areas within the fenced off protection zones must not be used for any other purpose,
                   including storage of building materials or machinery, except as provided for in this permit.
         b)        All contractors and subcontractors engaged to undertake construction work on the site must
                   have included in their contract a reference to the retention of trees and these planning permit
                   requirements for their protection.
         c)        All development and works must be carried out in accordance with the approved
                   construction management plan.
4.       Before the occupation of the development:
         a)        or by such later date as is approved by the responsible authority in writing, the landscaping
                   works shown on the endorsed plans must be carried out and completed to the satisfaction of
                   the responsible authority.
         b)        the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed
                   plans must be:
                   xvi)      constructed
                   xvii)     properly formed to such levels that they can be used in accordance with the plans
                   xviii)    surfaced with an all-weather-seal coat, gravel or crushed rock
                   xix)      drained
                   to the satisfaction of the responsible authority.
                   Car spaces, access lanes and driveways must be kept available for these purposes at all
                   times.




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Surf Coast Shire Council                                                                           28 January 2009
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SECTION B REPORTS                                                                                         Page 95

5.       All sewage and sullage waters shall be treated in accordance with the requirements of the Septic
         Tanks Code of Practice, AS 1547:2000 – Onsite Domestic Wastewater Management, EPA SEPP
         Waters of Victoria and the responsible authority. All effluent shall be disposed of within the curtilage
         of the land and shall not drain directly or indirectly onto an adjoining property, street or any
         watercourse or drain. Sufficient land shall be kept aside and kept available for the purpose of
         effluent disposal. The exact type, standard and location are to be established with the responsible
         authority prior to foundations being laid or when the permit for the septic tank is issued.
6.       The treatment and disposal of all wastewater shall be in accordance with the Land Capability
         Assessment prepared by P.J. Yttrup & Associates Pty Ltd (Report No. 18128, 7 November 2008).
         The chosen method for treatment and dispersal of wastewater and greywater re-use (if deemed
         suitable) will be at the discretion of the relevant authority. The Wisconsin mound must result in
         treating the wastewater to a tertiary standard. A suitably qualified and trained plumber must install
         the septic tank system, including any grey water treatment system, all waste water treatment
         systems and the Wisconsin mound system. The management and maintenance of the wastewater
         system must comply with the Environmental Protection Authorities Certificates of Approval.
7.       All buildings and works must be constructed and maintained in materials and colours which are in
         accordance with the Surf Coast Style and Colours Policy to the satisfaction of the responsible
         authority.
8.       The development as shown on the endorsed plans must not be altered without the written consent of
         the responsible authority.

         Note:    Any plan approved under the Building Act and Regulations must not differ from the endorsed
                  plan forming part of this Permit.

Conditions required by Country Fire Authority
9.       All conditions must be met with regard to building materials and construction, vegetation
         management, access, water supply and category of bushfire attack as set out in the Wildfire
         Management Statement prepared for 36 Robyn Road Moggs Creek, as prepared by Phil Neander &
         Associates, dated 20 November 2008.
                                                                                                      CARRIED




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Surf Coast Shire Council                                                                                28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                              Page 96




ITEM NO:                  8.4

PLANNING REF:             08/0345                              OFFICER:                Maggie Juniper

APPLICANT:                The Planning Group                   DATE RECEIVED:          27-Jun-2008

SUBJECT LAND:             100 THE ESPLANADE, TORQUAY. (LOT: S2 PS: 537642N)

PROPOSAL:                 Subdivision of the land into 29 residential lots

EXISTING USE:             Retirement Village (under construction)

ZONE:                     Residential 1

OVERLAYS:                 Significant Landscape - Schedule 2

ATTACHMENTS:

MOVED: Austin Swain             SECONDED: Tony Hobba
Points of Discussion:
Ms L J Nugent of 29 Riverside Drive, Torquay lodged an objection on the night, prior to the Planning
Committees deliberation on this matter. The applicants challenged the necessity of proposed conditions 1 a)
i) and 1 a) ii) however, the Committee resolved to support the officer’s recommendation without alteration.
Committee Resolution:
That the responsible authority resolve to issue a notice of decision to grant a permit for subdivision of the
land into 29 residential lots subject to the following conditions:

SUBDIVISION
1.       Before the plan of subdivision can be certified:
         a)        amended plans to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plans will be endorsed and will
                   then form part of the permit. The plans must be drawn to scale with dimensions and three
                   (3) copies must be provided. The plans must be generally in accordance with the plans
                   submitted with the application but modified to show:
                   i)        the common property access roadway widened to an effective minimum width of
                             9.0m by inclusion of a 1 metre building envelope setback to abutting lots
                             223,224,225,226,227,229,231,233 and abutting lots 237, 238, 239 and 240.

                   ii)       the common property between Lots 225/226 and Lots 227/228 increased in area to
                             achieve a minimum north-south dimension of 13 metres with no alteration to the
                             east west dimension;

                   iii)      adequate access to Lot 222;

                   iv)       removal of the common property between the south east boundary of Lot 222 and
                             the external boundary of the lot and redistribution of the area to the adjoining lot(s);

                   v)        internal access roadway from Darian Road shown as entry and exit point;

                   vi)       a ‘choke point’ through the narrowing between the east site boundary and Lots 224
                             & 226, extending for a minimum length of 5m and including a pedestrian pathway,
                             verge, carriageway and verge off the east site boundary.

                   vii)      a building envelope setback of 5m from the Darian Road boundary for lots 235 &
                             236;




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Surf Coast Shire Council                                                                               28 January 2009
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SECTION B REPORTS                                                                                              Page 97

                   viii)      a minimum of 7 on-site visitor car spaces with details of the location of spaces, the
                              dimensions and manoeuvring area for each space with no visitor parking to be
                              included in the landscaped east-west spine or the pocket parks at Darian Road.

                   ix)        easements in favour of lots on the plan to the satisfaction of the responsible
                              authority

         b)        a Waste Management Plan must be submitted for approval of the Responsible Authority.
                   The plan shall include:

                  i)          method of collection for all lots

                  ii)         type of collection vehicle

                  iii)        location of bins for each lot

                  iv)         details of access to be provided for waste collection, including the management of
                              gate opening times

                  All waste collection shall be conducted on the site except for those lots fronting Darian Road.
                  No bins are to be stored within Common Property fronting Darian Road.

                  The requirements of the waste management plan must be complied with and implemented
                  by the permit holder, to the satisfaction of the responsible authority.

         c)        a stormwater management plan (three 3 copies) to the satisfaction of the responsible
                   authority must be submitted to and approved by the responsible authority. When approved,
                   the plan will be endorsed and will then form part of the permit. The plan must ensure that
                   stormwater and drainage discharge from the development site meets current best practice
                   performance objectives for stormwater (Urban Stormwater Best Practice Environmental
                   Management Guidelines (CSIRO 1999)) and must include:

                   i)         a construction site plan that incorporates the stormwater management measures to
                              be implemented during the construction phase of the development and outlines in
                              detail how stormwater is to be managed, including sediment controls, during the
                              building phase. The plan should have regard to the Construction Techniques for
                              Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major
                              Construction Sites (EPA 1995). The management controls are to be regularly
                              monitored and maintained;

                   ii)        The incorporation of on-site retention/infiltration, storage and re-use stormwater
                              management techniques where practicable to reduce pollutant export and peak
                              discharge from the site;

                   iii)       Peak discharge shall be limited to the equivalent predevelopment flow.

         d)        a landscape plan to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plan will be endorsed and will
                   then form part of the permit. The plan must be drawn to scale with dimensions and three
                   copies must be provided. The landscaping plan must be generally in accordance with the
                   landscape plan approved 22 November 2005 prepared by Contour Design Australia Pty Ltd
                   for the retirement village, except that the plan must show:

                  i)       the site layout for the 29 lot subdivision including common property and inclusive of the
                           amendments required by condition 1a);

                  ii)      a survey (including botanical names) of all existing vegetation to be retained and/or
                           removed;


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Surf Coast Shire Council                                                                             28 January 2009
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SECTION B REPORTS                                                                                           Page 98

                  ii)   buildings and trees (including botanical names) on the abutting properties within three
                        metres of the boundary;

                  iv)   details of surface finishes of pathways and driveways;

                  v)    a planting schedule of all proposed trees, shrubs and ground covers, including botanical
                        names, common names, pot sizes, sizes at maturity, and quantities of each plant;

                  vi)   landscaping and planting within all open areas of the site;

                  vii) details of all fencing to the boundaries of the site, including an open fence design for the
                       Deep Creek Reserve boundary, of consistent design across all lots, and a semi-open
                       fence of consistent design across the Darian Road lots, unless otherwise agreed by the
                       Responsible Authority;

                  viii) the predominant use of plant species indigenous to the locality;

         All species selected must be to the satisfaction of the responsible authority. The landscaping shown
         on the endorsed plans must be maintained to the satisfaction of the responsible authority, including
         that any dead, diseased or damaged plants are to be replaced.

2.       Before any road/drainage works associated with the subdivision start, detailed construction plans to
         the satisfaction of the responsible authority must be submitted to and approved by the responsible
         authority. When approved, the plans will be endorsed and will then form part of the permit. The
         plans must be drawn to scale with dimensions and three copies must be provided. The plans must
         include:
         a)        Fully sealed pavement with fully mountable kerb and channel 5.5 metres back to back.
         b)        Concrete footpaths 1.5m wide along the Darian Road frontage, through the east –west link
                   from Riverside Drive to the tennis courts on the adjoining site and parallel to the north-south
                   sections of the internal access.
         c)        Underground drains
         d)        Street lighting to the satisfaction of the responsible authority.
         e)        Details of gates and opening mechanism.

         All works constructed or carried out must be in accordance with those plans.
3.       The Plan of Subdivision shall include a restriction that:
         a)        the lots created shall not be further subdivided, and
         b)        no vehicle access to lots shall be from the landscaped open space as detailed on the
                   approved landscape plan.

4.       During the construction stage the permit holder shall take all reasonable action necessary to protect
         adjoining residents and commercial tenants from dust, rubbish, and undue noise.
5.       A Statement of Compliance shall not be issued under the Subdivision Act 1988, until the applicant
         has completed the road works, drainage (including stormwater management), construction of the
         Darian Road footpath, landscaping of the common property, pedestrian pathways and fencing to
         public boundaries, for the site, to the satisfaction of the responsible authority.
6.       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 the authority’s requirements and relevant
         legislation at the time.
7.       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.


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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                           Page 99

8.       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.
9.       Easements in favour of responsible authority must be created on the plan to the satisfaction of
         responsible authority.
10.      Each lot shown on the endorsed plans must be drained to the satisfaction of the responsible
         authority.
11.      The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to
         the following authorities in accordance with Section 8 of the Act:
         a)        Barwon Region Water Authority;
         b)        Powercor Australia Limited;
         c)        TXU Networks (Gas);
         d)        Telstra or other licensed telecommunications carrier, whichever is appropriate;
         e)        Country Fire Authority
12.      The layout and site dimensions of the proposed subdivision as shown on the endorsed plans must
         not be altered without the written consent of the responsible authority.

Conditions required by Barwon Region Water Authority
General
13.      The creation of easements and/or reserves in accordance with Barwon Water’s Land Development
         Manual over existing and proposed sewers and water mains located or to be located in the
         subdivision in favour of the Barwon Region Water Corporation. It should be noted if further
         easements are required following design of reticulation mains, Barwon Water prior to release o the
         subdivision would require any necessary amendments to be made to the plan. No building will be
         permitted to be constructed within this easement.
14.      Any plan submitted under the Subdivision Act 1988 must be forwarded to Barwon Water under
         Section 8 of the Act.
15.      The proposed development does not conform with Barwon Water’s Asset Protection Policy.
         Structures are generally to be no closer than 1.0m to a sewer main or 3.0m to a water main. If you
         propose top construct a structure closer then consent from Barwon Water is required. The
         lodgement of an application does not constitute approval of this development..
Water
16.      The provision and installation of individual water services including meters to all lots in the
         subdivision in accordance with Barwon Water’s requirements and Victorian Plumbing Regulations. .
         Note that tappings and services are not to be located under existing or proposed driveways.
17.      The removal of, or alterations to existing water mains may be required, as well as the removal of any
         redundant connection points.
18.      Barwon Water’s records indicate that an existing water service and meter is located on this property.
         A dimensioned plan showing location of existing metres, and the location of the meter relative to the
         existing boundaries, and its number(s), is to be submitted. Private water service pipes are not
         permitted to cross allotment boundaries and must be plugged and abandoned at the boundaries of
         such allotments.
Sewer
19.      The provision of sewerage services to all lots in the subdivision in accordance with Barwon Water’s
         requirements and Victorian Plumbing Regulations. Individual allotment house connection drains are
         to be provided for and extend into each allotment.
20.      Removal of, or alterations to existing sewer mains may be required, as well as the removal of any
         redundant connection points.
         Note: the developer is to apply to Barwon Water for details relating to costs and conditions required
         for the provision of water supply and sewerage services to the subdivision.


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Surf Coast Shire Council                                                                          28 January 2009
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SECTION B REPORTS                                                                                       Page 100


         All communication between the developer / agent and Barwon Water quote Barwon Water reference
         number 60-062-10449.

Conditions required by Powercor Australia
21.      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.

Conditions required by Telstra
22.      The Plan of Subdivision submitted for certification must be referred to Telstra in accordance with
         Section 8 of the Subdivision Act 1988.

Conditions required by Tennix
23.      The plan of subdivision submitted for certification must be referred to SPAusnet (Gas) in accordance
         with Section 8 of the Subdivision Act 1988.

Conditions required by Country Fire Authority
24.      The subdivision as shown on the endorsed plans must not be altered without the consent of the
         CFA.
         Hydrants
25.      Operable hydrants, above or below ground must be provided to the satisfaction of the CFA.
26.      The maximum distance between these hydrants and the rear of all building envelopes (or in the
         absence of the building envelope, the rear of all lots) must be 90m and hydrants must be no more
         than 120m apart.
27.      Hydrants must be identified as specified in “Identification of Street hydrants for Fire fighting
         purposes” available under publications on the Country Fire Authority website (www.cfa.vic.gov.au)
         Roads
28.      Roads must be constructed to a standard so that they are accessible in all weather conditions and
         capable of accommodating a vehicle of 15 tonnes for the trafficable road width.
29.      The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more
         than 1 in 5 (20%) (11.3 degrees0 for no more than 50 metres. Dips must have no more than a 1 in 8
         912%) (7.1 degree entry and exit angle.

Conditions required by Department of Sustainability and Environment
30.      Nil
                                                                                                     CARRIED




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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 101




     ITEM NO:                8.5

     PLANNING REF:           08/0340                              OFFICER:             Roger Curnow

     APPLICANT:              Hemingway Building Design            DATE RECEIVED:       25-Jun-2008

     SUBJECT LAND:           33 GLANEUSE AVE, TORQUAY. (LOT: 755 PS: 313736)

     PROPOSAL:               Development of a second dwelling; alterations & additions to the existing dwelling and
                             subdivision of the land into two lots

     EXISTING USE:           Dwelling

     ZONE:                   Residential 1

     OVERLAYS:               Design and Development - Schedule 1

     ATTACHMENTS:            Clause 55 Res Code and 56 Residential subdivision

MOVED:        Achalen Holmes         SECONDED:        Wayne Reid
Points of Discussion:
Plans lacking dimensions. Committee concerned as to accuracy of Rescode assessment. Not implied that
proposal approved at detailed level. Should be re-assessed for compliance against relevant standards of
Clause 55 when amended plans are received.
Committee Resolution:
That the responsible authority resolve to issue a notice of decision to grant a permit for Development of a
second dwelling; alterations & additions to the existing dwelling and subdivision of the land into two lots
subject to the following conditions:
USE AND DEVELOPMENT
1.       Before the development starts:
         a)        amended plans to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plans will be endorsed and will
                   then form part of the permit. The plans must be drawn to scale with dimensions and three
                   copies must be provided. The plans must be generally in accordance with the plans
                   submitted with the application but modified to show:
                   i)        a schedule of external materials, finishes and colours incorporating colour samples
                             for the new dwelling Unit 2. All external cladding material must comply with the
                             requirements of the Registered Restrictive Covenant applicable to the land.
                   ii)       Proposed buildings consistent with Clause 55 of the Surf Coast Planning Scheme,
                             and in particular 55.04. Amenity Impacts to limit the impact of the development on
                             the amenity of the existing dwelling at 31 Glaneuse Avenue. The existing shared
                             western boundary paling fence must be extended to achieve a minimum height of
                             2.2 metres, for a length of 12.4 m along the fenceline, commencing from the
                             northwest corner of Lot 2.
                   iii)      Deletion of the fenceline in the frontage to Unit 1
                   iv)       A minimum of 6 cubic metres of secure, externally accessable storage space.
         b)        a landscape plan to the satisfaction of the responsible authority must be submitted to and
                   approved by the responsible authority. When approved, the plan will be endorsed and will
                   then form part of the permit. The plan must be drawn to scale with dimensions and three
                   copies must be provided. The landscaping plan must be generally in accordance with the
                   submitted landscape concept plan dated 25 June 2008 prepared by the applicant
                   Hemingway Building Design, except that the plan must show:
                   i)        the location and numbers of appropriate security and safety lighting along the
                             driveway and other areas of common property


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Surf Coast Shire Council                                                                                28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                             Page 102

                   ii)       the location and design of mailboxes
                   iii)      satisfactory relocation of the unit 1 clothes drying facility to a more accessible
                             location
                   iv)       all species selected must be to the satisfaction of the responsible authority.
         c)        a bond or bank guarantee to the value of $ 1000 must be deposited with the responsible
                   authority by the developer of the land as security against failure to protect existing native
                   vegetation to be retained or to comply with the landscape plan endorsed under this permit.
                   The bond or bank guarantee must be refunded by the responsible authority upon being
                   satisfied that the requirements of the landscape plan have been fulfilled to the satisfaction of
                   the responsible authority.
2.       Before the occupation of the development:
         a)        or by such later date as is approved by the responsible authority in writing, the landscaping
                   works shown on the endorsed plans must be carried out and completed to the satisfaction of
                   the responsible authority.
         b)        the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed
                   plans must be:
                   xx)       constructed
                   xxi)      properly formed to such levels that they can be used in accordance with the plans
                   xxii)     surfaced with an all-weather-seal coat
                   xxiii)    drained
                   to the satisfaction of the responsible authority.
                   Car spaces, access lanes and driveways must be kept available for these purposes at all
                   times.
3.       All buildings and works must be constructed and maintained in materials and colours which are in
         accordance with the Surf Coast Style and Colours Policy to the satisfaction of the responsible
         authority.
4.       The development as shown on the endorsed plans must not be altered without the written consent of
         the responsible authority.

         Note:    Any plan approved under the Building Act and Regulations must not differ from the endorsed
                  plan forming part of this Permit.
SUBDIVISION
5.       Before the plan of subdivision is certified under the Subdivsion Act 1988, amended plans to the
         satisfaction of the responsible authority must be submitted to and approved by the responsible
         authority. When approved, the plans will be endorsed and will then form part of the permit. The
         plans must be drawn to scale with dimensions and three copies must be provided. The plans must
         be generally in accordance with the plans submitted with the application but modified to show:
         a)        All bearings, distances, levels, street names, lot numbers, lot sizes, reserves and
                   easements;
6.       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 the authority’s requirements and relevant
         legislation at the time.
7.       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.
8.       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.
9.       Easements in favour of responsible authority must be created on the plan to the satisfaction of
         responsible authority.

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SECTION B REPORTS                                                                                          Page 103

10.      Each lot shown on the endorsed plans must be drained to the satisfaction of the responsible
         authority.
11.      The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to
         the following authorities in accordance with Section 8 of the Act:
         a)        Barwon Region Water Authority;
         b)        Country Fire Authority
         c)        Powercor Australia Limited;
         d)        TXU Networks (Gas);
         e)        Telstra or other licensed telecommunications carrier, whichever is appropriate;
         f)        Vic Roads.
12.      The layout and site dimensions of the proposed subdivision as shown on the endorsed plans must
         not be altered without the written consent of the responsible authority.
13.      This permit allows the creation of a restriction pursuant to Section 23 of the Subdivision Act 1988.
14.      The Plan of Subdivision:
         a)        Must not be submitted for certification until the development allowed by this permit is
                   substantially complete; or
         b)        Must create a restriction to the effect that the land must not be developed except in
                   accordance with the endorsed plans of this permit unless a fresh planning permit is issued
                   for the development of the land.
15.      Prior to issue of the Statement of Compliance alterations & additions to the existing dwelling must be
         completed to the requirements and satisfaction of the responsible authority.
                                                                                                        CARRIED




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Surf Coast Shire Council                                                                     28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                    Page 104



3.2      Halls and Reserves Committee Minutes

Authors Title: Community Services Manager           Director: Dennis Barker
Department: Community Services                      File Number: 23/10/016 (3)
Directorate: Sustainable Communities                Folio Number:

Appendix:
1. Connewarre Hall and Reserve Committee of Management AGM - 9 December 2008
2. Connewarre Committee of Management Meeting - 9 December 2008


Purpose
To provide Council with the minutes of the Special Committees of Council established under Section
86 of the Local Government Act 1989 to manage Halls and Reserves.

Summary
Council has a number of Committees of Management which manage halls and recreation reserves.
The Council is required to receive and note the minutes as each Committee has delegated powers to
manage the Council facility in accordance with its Terms of Reference.

Attached are minutes of the Committees of Management meetings which have recently been held.

Officer Recommendation:
That Council note the minutes of the following Committee of Management Meetings:

1. Connewarre Hall and Reserve Committee of Management AGM - 9 December 2008
2. Connewarre Committee of Management Meeting - 9 December 2008


COUNCIL RESOLUTION:
MOVED Cr Schroeter, seconded Cr Hodge:
That Council note the minutes of the following Committee of Management Meetings:

1.       Connewarre Hall and Reserve Committee of Management AGM - 9 December 2008
2.       Connewarre Committee of Management Meeting - 9 December 2008

                                                                                     CARRIED 8:0




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Surf Coast Shire Council                                                                             28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                          Page 105


Appendix 1:

Connewarre Hall & Reserve Committee of Management

AGM Meeting held 09/12/2008

Present N Angus, G Leggett, N Spencer, S Dubbledam, S Findlay, N Menheere, C Carroll

Apologies E Spencer, R Hodge, P BjorkBillings

Minutes, Reports and Election of Office Bearers from previous AGM (11/09/2007)
Moved that they be accepted N Spencer 2nd N Menheere

Presidents Report
From small things big things grow. We have had a lot of new faces at our functions this year. Both
Bonfires were very successful with fun held by all. Thankyou to Elizabeth for the arrival of Santa and
to Neville who once again was Connewarre Santa of Old.. Thanks to Sam for the Fantastic effort with
the Mosaic Tile Project It has added a new Dimension to our wonderful BBQ area. The community
members who made tiles should be proud of their work as it looks fantastic.
Thankyou to Noel for all his organization of the gravel for the walking Track. Steve and Tony will
continue work on the Walking Track and hope to have it completed ASAP.
BMX Track to be re designed after consultation with some of the local Boys.
Congratulations to Sam on her work as Booking Officer and to Kerryn McCoombe for her great
efforts with the Newsletter.
Steve Findlay

Sec/Treasurers Report
The Books have been Audited by G.S. Sutherland and Associates. A copy of this handed to everyone
present.
Audit Opinion is that the Connewarre Hall and Reserve Committee of Management present a True
and fair view of the financial position as at 31st Oct 2008, and the results of its operation for the period
then ended..
Colleen Carroll
Financial Statement Moved By G Leggett 2nd S Findlay

Booking Officer Report
It has been a good year with our regular users continuing to hire our facility. (S. Ledbetter, SurfCoast
Soccer Club and St Laurence)
We have also had bookings from Western Heights 2nd School, Barwon Heads Football Club and
Torquay Junior Cricket Club.
Sam Dubbledam

CFA
QuietYear. Recycled water to the Running Track. Plans are going ahead with the Station Extension
and the Water Tank.
N Menheere.

Riding Club
Club remains small meeting on the 3rd Sunday of the Month. Both Members and non members using
the facility.

Appointment of Office Bearers
All positions remain the same.
S Findlay to continue as pres, moved G Leggett 2nd N Spencer
C Carroll to continue as Sec/tres, moved N Spencer 2nd N Menheere
S Dubbledam to continue as Booking Officer, Moved C Carroll 2nd N Menheere

Date for the next AGM 09/09/2009




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Surf Coast Shire Council                                                                       28 January 2009
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SECTION B REPORTS                                                                                    Page 106


Appendix 2:

Connewarre Hall & Reserve Committee of Management

GENERAL MEETING 09/12/2008

Present N Angus, G Leggett, N Spencer, S Dubbledam, S Findlay, N Menheere, C Carroll

Apologies E Spencer, R Hodge, P BjorkBillings

Reports
Financial;
Expenses-
Sept Origin Energy           $217.75
Barwon Water                 $122.20
Bunnings                     $5.00
Walker Tiles                 $18.50
Dec Origin Energy            $349.70
Dec Barwon Water             $113.40
Auditor        $121
Transferred                  $4000 into Term Deposit Account

Income
Chq Account Interest         $8.78
Hall Hire                    $580

Balance On Acc $3930

Term Deposit Account Interest $167.94
Balance on Acc $15.757.44
Moved S Dubbledam 2nd N Spencer

Riding Club
As per AGM

Booking Officer
$1150 outstanding to be invoiced with 1 booking to come in Dec. We now have a key for the Change
Rooms. It has been re keyed to a shire lock.

CFA
Bonfire burnt at a later date due to the weather conditions. 22500 Litre Tank to be purchased and
installed by CFA. Shire recommends Plastic Tanks .Color to be decided.
Committee to provide $1000 towards costs.
Moved G Legget 2nd N Spencer.

Correspondence In
New Bank Deposit Book
Copy of minutes of special Meeting held with CFA
Copy of minutes of special meeting held to discuss Portable Change Rooms.
Origin and Barwon Water Accounts
Email from Nicky regarding Fees.

General Business
1.Sam to receive a Key for PCR and 6 keys for user groups. User groups to be given 1 key and if key
is lost to be charged $200 for a replacement Key.
2. Contract Cleaner will not clean PCR. User groups will be responsible for cleaning (Sweeping,
Mopping Rubbish removal) Approach shire re Cleaner to clean Toilets.
3.Storage Cupboard to be installed for Cleaning Utensils
4. Committee to Supply Cleaning Utensils
5. Notice Board to be placed on both sides with user conditions printed Clearly




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Surf Coast Shire Council                                                                       28 January 2009
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SECTION B REPORTS                                                                                     Page 107


6 New Fee Structure- 0-4hour Non Profit and Local $20 Lay People $40
Whole Day Non Profit and Local $40 Lay People $80
Night Time Non Profit and Local $40 Lay People $150
Bond $100-$500
7.Steve and Tony to Fill trench on Road
8. Steve represented committee at Shire Volunteer Breakfast
9. Colleen to write to Shire re origin account due to increased costs incurred by using the pump on
oval.
10 Fire area to be investigated to be built into ground to be used at community functions
11. Rural Grants Victoria- re commencement date of External Toilet

Meeting Closed. Next Meeting scheduled for 10/03 /2009




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Surf Coast Shire Council                                                                 28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                Page 108



Advisory Committees

3.3      Environment Advisory Committee (ENVAC)

Authors Title:      Rowan Mackenzie                  Director: Dennis Barker
Department:         Environment Planning &           File Number: 07/08/005
                    Emergency Management
Directorate:        Sustainable Communities          Folio Number:
Appendix:           Minutes of Environment Advisory Committee Meeting 11 December 2008


Purpose
To present to Council the minutes of the Environment Advisory Committee (ENVAC) for the meeting
held on 11 December 2008.

Summary
The main issues discussed at the ENVAC meeting were:
   Sustainability and Peak Oil
   Spring Creek Urban Growth Plan Submission
   Flora & Fauna Action Group update


Officer Recommendation:
That Council note the minutes of the Environment Advisory Committee (ENVAC) meeting held on 11
December 2008.


COUNCIL RESOLUTION:
MOVED Cr Northeast, seconded Cr McKiterick:
That Council note the minutes of the Environment Advisory Committee (ENVAC) meeting held on 11
December 2008.

                                                                                   CARRIED 8:0




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Surf Coast Shire Council                                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                                        Page 109


                                                                  ENVIRONMENT ADVISORY COMMITTEE
                                                                          DRAFT MINUTES

                                                                     Thursday 11 December 2008 at 5pm
                                                              Home of Heather Leslie, Enfield Road, Torquay



     Present:                Paul Hart, Rebecca Hull, Heather Leslie, Michael Lucas, David Lucas, John McDonald, Catherine McInerney, Darren Noyes-Brown,
                             Mark Stockdale, Glenda Shomaly, Greg Johns

     Council Officers:       Rowan Mackenzie, Leanne Lucas
     Invited Guests:         ,Andrew Lucas (Surf Coast Shire)
     Apologies:              Cameron Gray (Chair), Michael Noelker, Cnr Libby Mears, Cnr Rose Hodge, Neil McInnes, Peter Mirams,

 Ag.                                                                        Points of Discussion                                                Agreement / Action /   R/O
                Issue Topic                                                                                                                         Timeframe
 No.                                                                           Details/ Decision

 1       WELCOME AND APOLOGIES

                                       As detailed above.

 2       CONFIRMATION OF PREVIOUS MINUTES

                                       MOTION: That the minutes of the ENVAC meeting held on Thursday 6 November
                                       2008 are an accurate record.
                                       Moved: Heather Leslie          Seconded: Neil McInnes               Motion Carried

 3       ACTIONS FROM                     Advice on C37 Planning Amendment to be forwarded to Council at its December                           Actioned
         PREVIOUS MINUTES                 meeting. (Note: Amendment C37 to the Surf Coast Planning Scheme seeks to implement the
                                          findings of a number of strategic studies that affect land use and development in Torquay-Jan Juc.)

                                          ENVAC requests that C37 Planning Amendment resolution be put to the Bells                             Actioned
                                          Beach Recreational Reserve Advisory Committee and the Surf Coast Tourism
                                          Committee for their information.
                                          Flora & Fauna Action Group update to be added to the agenda of ENVAC

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Surf Coast Shire Council                                                                           28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 110


 Ag.                                                                  Points of Discussion                                   Agreement / Action /          R/O
                Issue Topic                                                                                                      Timeframe
 No.                                                                    Details/ Decision

                                        meetings as a regular item.                                                          Actioned
                                        In early 2009, prepare briefing document from ENVAC to the new Council to
                                        update on progress and issues of the Environmental Management Strategy.
                                                                                                                             Carry Over
                                        Advice on funding of pest plant & animal work to be forwarded to Council at its
                                                                                                                             Actioned
                                        December meeting
                                        DRAFT Local Environmental Sustainability Priority Statement report to be posted
                                        on the ENVAC Wiki site.                                                              Actioned



 4       FOCUS AREAS

 4.1    Tour of Heather Leslie’s     Heather Leslie showed the Committee around her home, noting all the sustainable
        home                         features including the passive solar design, native garden and food gardens. It was
                                     noted that the solar electric power was sufficient for most of the home’s electrical
                                     energy needs. The Committee was very impressed with the thoughtful design and
                                     quality finish of the home and the way it connects with the outside environment.

 4.2    Sustainability and Peak      Surf Coast Shire Sustainability Officer, Andrew Lucas provided a presentation on        Peak oil slide show to   KW
        Oil                          the issue of peak oil, how this relates to climate change and how this issue could      be posted on the Wiki
                                     affect the Surf Coast Shire community. A number of Committee members                    site.
                                     commented on the high quality of Andrew’s thought provoking presentation. The
                                     Committee requested the presentation be added to the ENVAC Wiki site and
                                     supported its presentation to as wide an audience as practicable.

 4.3    Spring Creek Urban           The Committee discussed the concerns that have been raised in the community             Link to “Your            KW
        Growth Framework Plan        about the Spring Creek Urban Growth Framework Plan. Committee members                   Development” to be
        Submission                   expressed concern about the size and speed of the development and affects this          added to Wiki site.
                                     would have on the surrounding areas.                                                    http://yourdevelopment
                                                                                                                             .org/
                                     ENVAC questioned whether Spring Creek was the right site for a development of
                                     this size given that large areas of land to the west and north of Torquay are already                            DL

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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 111


 Ag.                                                                  Points of Discussion                                  Agreement / Action /       R/O
                Issue Topic                                                                                                     Timeframe
 No.                                                                    Details/ Decision

                                     available for development and the decision to develop Spring Creek was made
                                     without consideration for how it and other external factors such as Armstrong Creek,
                                     the Geelong by-pass road and climate change would combine affect the
                                     Torquay/Jan Juc community.
                                     ENVAC is concerned that environmental sustainability elements that are aspired to
                                     will not be achieved. Mark Stockdale explained that he is involved professionally in
                                                                                                                                                     RM
                                     many land subdivisions in the growth areas of Melbourne. Mark said that these
                                     developments had very few sustainability elements. The capability for the Surf
                                     Coast Shire, or any other Council, to deliver best practice sustainability was
                                     questioned, noting that there are very few examples, if any, of the types of
                                     development aspired to in the Spring Creek Urban Growth Framework Plan that
                                     exist. Armstrong Creek in the City of Greater Geelong was identified as one
                                     example of a development with a strong sustainability vision that was supported by
                                     Council but is being subsequently modified by the development industry away from
                                     the best practice vision agreed. The Committee discussed several excellent
                                     Australian eco-village examples but noted that these were developer controlled
                                     rather than being a Council requirement. Refer to http://yourdevelopment.org/
                                     The Committee discussed whether it supported the development or not. The               David Lucas to email
                                     Committee agreed that it should assume that development in some form is possible       Rowan Mackenzie a
                                     to occur at Spring Creek and therefore its focus should be on:                         suggested process for
                                                                                                                            how ENVAC’s
                                        Attaining best practice environmental sustainability elements in the development    submission could be
                                        plans                                                                               put together and RM to
                                        Seeking assurances that this can be delivered.                                      provide advice back to
                                                                                                                            ENVAC
                                        Participating in further consultation with the wider community
                                     Heather Leslie noted that Council consulted the community many years ago when
                                     Spring Creek site was chosen, but most people didn’t take an interest because it
                                     seemed too far away at that time.
                                                                                                                            ENVAC members to
                                     The Committee discussed alternative options for how it would make a submission to      participate in any
                                     Council. Because of complexity of the development, David Lucas suggested that          further community        ALL

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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 112


 Ag.                                                                  Points of Discussion                                Agreement / Action /      R/O
                Issue Topic                                                                                                   Timeframe
 No.                                                                    Details/ Decision

                                     we could allocate specific areas for different ENVAC members to focus on.            consultation and
                                                                                                                          provide input into the
                                     Rowan indicated that the consultation timeframe may be extended and this issue
                                                                                                                          submission process.
                                     was proposed to be discussed by the new Shire Council.

 4.4    Work priorities –            Action carried over from previous meeting. ENVAC discussed work priorities and       A briefing for the new   RM
        Environment                  agreed that a briefing for the new Council on priority environmental issues should   Council on priority
        Department                   be prepared.                                                                         environmental issues
                                                                                                                          be prepared.

 5       STANDING AGENDA ITEMS

 5.1    Spring Creek Urban           Discussed in item 4.3.
        Growth Plan

 5.2    Flora & Fauna Action         The Flora & Fauna Action Group will meet on 16 December, all ENVAC members
        Group update                 are invited to attend.
                                     Funding of $7,000 has been received from DPI for gorse and rabbit control in the
                                     DPI target area of Moriac.

 5.3    Barwon Water Update          John McDonald provided a brief update on the Biosolids Project, the Anglesea
                                     Borefield Project, the Northern Water Plant and the Melbourne-Geelong water
                                     pipeline.

 6       GENERAL BUSINESS

                                     No general business.

 NEXT MEETING DATE:                 12 February 2009, 5PM, Council Chambers at the Surf Coast Shire (to be confirmed)




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Surf Coast Shire Council                                                                          28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                       Page 113


 Ag.                                                                  Points of Discussion                                  Agreement / Action /        R/O
                Issue Topic                                                                                                     Timeframe
 No.                                                                     Details/ Decision

 Meeting Ground Rules:

       We start on time and finish on time                                               We follow-up actions for which we are assigned responsibility and
                                                                                         complete them on time
       We all participate and contribute – everyone is given an opportunity to
       voice their opinions                                                              We give and receive open and honest feedback in a constructive
                                                                                         manner
       We use improvement tools that enhance meeting efficiency and
       effectiveness                                                                     We use data to make decisions (whenever possible)

       We actively listen to what others have to say, seeking first to                   We strive to continually improve our meeting process and build time
       understand then to be understood                                                  into each agenda for reflection




F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                                    28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                 Page 114



3.4      Advisory Committee on DisAbility Minutes

Authors Title: Rural Access & Health Promotion Officer   Director: Dennis Barker
Department: Positive Ageing                              File Number:     05/04/005
Directorate: Sustainable Communities                     Folio Number:
Appendix: Advisory Committee on DisAbility Minutes – 5 December 2008


Purpose
To brief Council on the Minutes of the Advisory Committee on DisAbility meeting held 5 December 2008.

Summary
Items of discussion included:
    • Spring Creek Urban Growth Framework
    • Access Guidelines
    • Pathways Strategy
    • On Ground Access Works
    • Transport Connections
    • Torquay Town Bus brochure
    • International Day of People with Disabilities celebrations
    • High Tide Festival
    • Disability Action Plan 2009-2012
    • Committee Terms of Reference
    • Accessible Playgrounds
    • Council Plan review
    • Resolution from last meeting – Accessible Parking Permit Reminders

Officer Recommendation:
That Council:
1.      Receive the minutes of the Advisory Committee for the meeting held on 5 December 2008.
2.      Note the Committee’s suggestion to implement a system to advise community members when their
        ‘Disabled Parking Permits’ are about to expire through Council’s Local Laws area.


COUNCIL RESOLUTION:
MOVED Cr Hodge, seconded Cr Coker:

That Council:
1.     Receive the minutes of the Advisory Committee for the meeting held on 5 December 2008.
2.     Note the Committee’s suggestion to implement a system to advise community members when their
       ‘Disabled Parking Permits’ are about to expire through Council’s Local Laws area.
                                                                                         CARRIED 8:0




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Surf Coast Shire Council                                                                         28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                        Page 115

4.    CHIEF EXECUTIVE OFFICER

4.1      Seal Register

Authors Title: Chief Executive Officer                           Director: N/A
Department: Chief Executive Officer                              File Number:    N/A
Directorate: Chief Executive Officer                             Folio Number:
Appendix: Nil


Purpose
The purpose of this report is for Council to receive and note the use of the Council Seal by the Chief
Executive Officer under delegation.

Summary
The following is a list of the documents upon which the Council Seal was affixed per the period 16 December
2008 to 16 January 2009.

            Document Title/Description                          Date Sealed        Location/File Number
Signing of Transfer of Land Estate of JL Parker 824-        16 December 2008             37/18/175
828 Hendy Main Road Moriac – Harwood Andrews

Funding Agreement for Youth Participation and               23 December 2008              05/16/018
Access Program 1 January 2009 – 31 December
2011 – Chillin – Surf Coast Shire Youth Development
Project – Department of Planning an Community
Development

Contract 08/329 Cape Otway Road Retreat Creek                  9 January 2009              08/329
Bridge Overlay – Vic Road 180 Fyans Street Geelong                                        09/10/021
– Surf Coast Shire Council

Section 173 Agreement – Environmental                          12 January 2009             07/0455
Management Plan 1025 Dickins Road Freshwater
Creek FS Falkiner

Section 173 Agreement Surf View Estate –                       14 January 2009            35/04/075
Development Contributions – 35 Duffields Road and
20 Eton Road Torquay –Ironbridge Holdings Pty Ltd
(CAN 009 341 011)

Barwon Valley Pony Club Inc Lease – Department of              16 January 2009            32/12/017
Sustainability and Environment – Surf Coast Shire


Officer Recommendation:
That Council note the use of the Council Seal from 16 December 2008 to 16 January 2009.


COUNCIL RESOLUTION:
MOVED Cr Schroeter, seconded Cr Tutt:
That Council note the use of the Council Seal from 16 December 2008 to 16 January 2009.
                                                                                                CARRIED 8:0




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Surf Coast Shire Council                                                                      28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                                   Page 116

5.   URGENT BUSINESS/PETITIONS/COUNCILLOR INITIATIVES

COUNCIL RESOLUTION:
MOVED Cr Remenyi, seconded Cr Tutt:
That an item of business concerning the Planning Committee Minutes dated 15 December 2008 be admitted
as Urgent Business.
                                                                                        CARRIED 7:1

COUNCIL RESOLUTION:
MOVED Cr Remenyi, seconded Cr Tutt:
That Council:
Be provided with a report on the criteria that was used by the Planning Committee to justify a change in the
existing use of the development at 100 The Esplanade, Torquay and to explain why the policy priority given
to the Retirement Village should now be dismissed.
                                                                                                CARRIED 8:0




F:\SHARED\COUNCIL\General\MINUTES\2009 Minutes\Minutes 28th January 09.doc
Surf Coast Shire Council                                                        28 January 2009
Minutes – Ordinary Meeting
SECTION B REPORTS                                                                     Page 117

6.   IN-CAMERA

No in-camera items were received for 28 January 2009.



Close: There being no further items of business the meeting closed at 8:07pm.




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