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MELTON SHIRE COUNCIL MELTON

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					     MELTON SHIRE COUNCIL




Notice is hereby given that the Ordinary Meeting of
the Melton Shire Council will be held in the Council
Chamber at the Civic Centre, 232 High Street,
Melton on 23 November 2009 at 7.00 pm.




 THIS AGENDA CONTAINS REPORTS TO BE DEALT
    WITH AT A CLOSED MEETING OF COUNCIL




Neville Smith
CHIEF EXECUTIVE
                             TABLE OF CONTENTS

  1.      OPENING PRAYER AND RECONCILIATION STATEMENT

  2.      APOLOGIES

  3.      DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST           OR
          CONFLICT OF INTEREST OF ANY COUNCILLOR

  4.      ADOPTION    AND   CONFIRMATION   OF THE   MINUTES   OF   PREVIOUS
          MEETINGS

  5.      PETITIONS AND JOINT LETTERS

  6.      RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A
          PREVIOUS MEETING

  7.      PUBLIC QUESTION TIME

  8.      PRESENTATION OF STAFF REPORTS

  9.      REPORTS OF COMMITTEES

  10.     REPORTS    FROM   DELEGATES APPOINTED     BY   COUNCIL   TO   OTHER
          BODIES

  11.     NOTICES OF MOTION

  12.     COUNCILLORS’ QUESTIONS WITHOUT NOTICE

  13.     MOTIONS WITHOUT NOTICE

  14.     URGENT BUSINESS

  15.     CONFIDENTIAL BUSINESS

  16.     CLOSE OF BUSINESS


 Note:     Calendar of Events at rear of Agenda
                                     Index of Staff Reports
Item No.                                                                               Page No.


     1.    AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL                              8

           For Council to adopt the schedule of documents (Appendix 1)
           requiring the Common Seal of Council.

     2.    GREEN WEDGE MANAGEMENT PLAN                                                       10

           To inform Council of the current work being undertaken on the
           preparation of the Western Plains North and Western Plains South
           Green Wedge Management Plans.

     3.    MELTON PLANNING SCHEME – AMENDMENT C98                                            17

           To consider an amendment to the Melton Planning Scheme to
           strengthen the planning controls relating to the filling of land in rural
           areas.

     4.    PLANNING APPLICATION PA2009/2224/1 – USE OF AN EXISTING BUILDING
           FOR SERVICED OFFICES AND ASSOCIATED WORKS                        20

           To consider a planning application to use the existing building at 1
           Greville Street, Caroline Springs for a serviced office building.

     5.    COUNCIL’S RESPONSE TO CLIMATE CHANGE                                              27

           To update Councillors on the range of initiatives that Council is
           undertaking to address the issue of Climate Change and
           Sustainability.

     6.    PLANNING APPLICATION PA2008/2089/1 – USE AND DEVELOPMENT OF THE
           LAND FOR THE PURPOSE OF A PLACE OF ASSEMBLY COMPRISING A
           YOUTH AND COMMUNITY CENTRE WITH ASSOCIATED CAR PARKING AND
           LANDSCAPING                                                     33

           To consider a planning application for use and development of the
           land for the purpose of a Place of Assembly (Youth and Community
           Centre) with associated car parking and landscaping on the Taylors
           Hill Recreation Reserve – Corner Calder Park Drive and Omarama
           Way, Taylors Hill.

     7.    VICTORIAN GOVERNMENT’S SUSTAINABILITY ACCORD                                      49

           To inform Council of the Victorian Governments Sustainability
           Accord and to recommend that Council becoming a signatory to the
           Accord.

     8.    ANTI VIOLENCE INFORMATION KIT NOTICE OF MOTION NO 224                             53

           Council resolved to explore the options of developing an Anti
           Violence Information Kit for distribution through community
           groups, clubs and networks. This report provides information on
           options in relation to this resolution.
                                    Index of Staff Reports
Item No.                                                                            Page No.

     9.    PLANNING APPLICATION PA2009/2344 – TWO (2) LOT SUBDIVISION                     56

           To consider a planning application for two (2) lot subdivision of land
           at 627-703 Plumpton Road, Plumpton.

     10. MELTON PLANNING SCHEME AMENDMENT – C87                                           63

           To consider the adoption and approval of Amendment C87 to the
           Melton Planning Scheme, to rezone 9-12 Federation Way, Caroline
           Springs from a Residential 1 Zone to a Business 1 Zone and to
           amend the Schedule to the Business 1 Zone.

     11. YOUTH ADVISORY COMMITTEE PROPOSAL NOTICE OF MOTION NO 229                        67

           This report is developed in response to Notice of Motion No 229
           which seeks Council explore the development of a Youth Advisory
           Committee to ensure it remains informed of issues impacting upon
           young people and on an ongoing basis.

     12. MELTON YOUTH DRAMA GROUP PROPOSAL NOTICE OF MOTION 228                           70

           This report is prepared in response to Notice of Motion Number 228
           for the development of options for a Youth Drama Theatre Group for
           the Shire of Melton.

     13. PLANNING APPLICATION PA2009/2152 – DEVELOPMENT OF THE LAND
           WITH TWO (2) SINGLE-STOREY DWELLINGS AND ONE (1) DOUBLE-STOREY
           DWELLING                                                       73

           To allow Council to consider a planning application for the
           development of two (2) single-storey dwellings and one (1) double-
           storey dwelling at 11 Borrowdale Road, Melton West.

     14. MUNICIPAL PUBLIC HEALTH PLAN 2009-2013                                           79

           This report seeks approval to amend Council’s current Municipal
           Public Health Plan (MPHP) ‘Health and Wellbeing in the Shire of
           Melton Municipal Public Health Plan 2008 - 2012’, by an additional
           12 months to reflect the new requirements of the Victorian Health
           Act 1958.

     15. INFLUENZA PANDEMIC EMERGENCY MANAGEMENT PLAN                                     82

           This report presents to Council the Melton Influenza Pandemic
           Emergency Management Plan to assist the Shire in responding to the
           incidents in relation to a pandemic emergency within Australia and
           its impact on the Shire of Melton and its residents.
                                  Index of Staff Reports
Item No.                                                                         Page No.

     16. REGIONAL     AND LOCAL           COMMUNITY       INFRASTRUCTURE       PROGRAM
           (ROUND 2 APPLICATIONS)                                                        85

           To inform Council on the funding opportunities and applications
           submitted through the Regional and Local Community Infrastructure
           Program (Round 2 Applications).
ORDINARY MEETING                                        23 NOVEMBER 2009

1.   OPENING PRAYER AND RECONCILIATION STATEMENT
     The Chief Executive, Neville Smith will read the opening prayer and reconciliation
     statement.

     Prayer
              “Almighty God we humbly beseech Thee to vouchsafe Thy blessing upon
              this Council, direct and prosper its deliberations to the advancement of Thy
              glory and the welfare of the people whom we serve – Amen.”
     Reconciliation Statement
          Melton Shire Council acknowledges the land it now occupies has a history
          that began with its indigenous occupants the Kulin Nation. The Wurundjeri
          Tribe of the Kulin Nation performed their age-old ceremonies of initiation,
          renewal and celebration on this land. We acknowledge and respect the
          traditions and culture of Indigenous Australians and their special relationship
          with the land.

2.   APOLOGIES
     The Mayor will call for any apologies received from any Councillors who are unable
     to attend this meeting.


3.   DECLARATION OF ANY PECUNIARY INTEREST, OTHER
     INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR
     Pursuant to Section 77A, 77B, 78 and 79 of the Local Government Act 1989, any
     Councillor must declare any direct or indirect interest, and any conflict of interest, in
     any items contained within the Notice Paper.


4.   ADOPTION AND CONFIRMATION OF THE MINUTES OF PREVIOUS
     MEETINGS
     That the minutes of the Ordinary Meeting, 19 October 2009 be confirmed as a true
     and correct record.


5.   PETITIONS AND JOINT LETTERS
     The Chief Executive will table any petitions and/or joint letters received prior to this
     meeting.


6.   RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER
     FROM A PREVIOUS MEETING


7.   PUBLIC QUESTION TIME
                                                                                      Page 6
ORDINARY MEETING                     23 NOVEMBER 2009



8.   PRESENTATION OF STAFF REPORTS




                                                        Page 7
ORDINARY MEETING                                        23 NOVEMBER 2009
                                                              P Bean / lp
 ITEM NO 1


     AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL
PURPOSE OF REPORT:
For Council to adopt the schedule of documents (Appendix 1) requiring the
Common Seal of Council.



RECOMMENDATION:
That the Council Seal be affixed to the documentation as detailed in the Schedule for
Authorising of Affixing of the Common Seal of Melton Shire Council dated 23
November 2009 and appended to this report. (Appendix 1)



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

      The Local Government Act 1989 prescribes that a Council must have a
      common seal, and that the common seal must –
      (a)     Bear the name of the Council (which name may refer to the inhabitants
              of the municipal district) and any other word, letter, sign or device the
              Council determines should be included; and
      (b)     Be kept at the Council office; and
      (c)     Be used in accordance with the local laws of the Council.

      Council‟s Meeting Procedure Local Law 2004 prescribes the use of Council‟s
      Common Seal and the authorised officers who have the authority to sign every
      document to which the common seal is affixed.

2.    Corporate Planning Reference and Policy Reference
      Council‟s community plan outlines in one of the five key principles contained in
      the plan areas relating to governance. This principle will be adhered to
      throughout this process.

3.    Financial Considerations
      Not applicable.



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ORDINARY MEETING                                       23 NOVEMBER 2009

4.   Consultation/Public Submissions
     Not applicable.

5.   Issues
     The use of the common seal is one that cannot be delegated to an Officer by
     the Council to undertake and, as such, is the reason why a schedule is
     produced at each meeting for Council‟s consideration.

     In order for staff to continue dealing with matters that require execution of the
     common seal in order to be completed it is necessary for the schedule to be
     adopted forthwith.

6.   Options
     Not Applicable.

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




                                                                                    Page 9
ORDINARY MEETING                                       23 NOVEMBER 2009

                                                         Dinah O’Brien / DLO
ITEM NO 2



                   GREEN WEDGE MANAGEMENT PLAN
PURPOSE OF REPORT:
To inform Council of the current work being undertaken on the preparation of the
Western Plains North and Western Plains South Green Wedge Management Plans.



RECOMMENDATION:
That Council note the progress toward the preparation of the Western Plains North
and Western Plains South Green Wedge Management Plans.



REPORT
1.   Background
     A key component of Melbourne 2030 is the protection and management of
     twelve green wedges located within the municipal boundaries of 17 municipal
     councils.

     In general terms, the green wedges serve a number of purposes including;

        Effective containment of urban growth beyond the nominated Urban Growth
         Boundary (UGB).
        Areas for provision of services that cannot be contained within urban areas
         including airports, sewerage treatment plans and extractive industry.
        Preservation of water catchment areas.
        Protection of areas of environmental and cultural significance.
        Protection of areas for agricultural activities.
        Provision of resources for recreation and tourism.

     The Shire of Melton contains two green wedges – the entire green wedge
     known as Western Plains North and part of the Western Plains South green
     wedge which is shared with the City of Wyndham (refer to Appendix 1).

     With approximately 70% of the municipality currently within a nominated green
     wedge, management and planning for both urban and rural land areas has long
     been the responsibility of the Shire of Melton. The recent revisions to the
     Urban Growth Boundary (UGB) will result in a significant reduction in the size of
     green wedge component of the municipality but will, as a result, increase the
     value and importance of managing the remaining green wedge areas.

     The effective and long-term management of the green wedges is dependent on
     a detailed understanding of the conditions within them. In accordance with the

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ORDINARY MEETING                                     23 NOVEMBER 2009

   State Government implementation of Melbourne 2030 research into the current
   land uses, existing infrastructure and values and features within the green
   wedge must be undertaken.

   The results of this research will form the basis for the preparation of a Green
   Wedge Management Plan. The preparation of a Green Wedge Management
   Plan is a State Government requirement of the 17 municipalities whose
   boundaries include all or part of a green wedge.

   The Green Wedge Management Plan is ultimately a Council adopted strategy
   that identifies the vision, values, objectives and actions for the continued
   sustainable development of each green wedge. The GWMP also offers the
   opportunity for a „whole of government‟ approach to the management of these
   important areas.

   The GWMP‟s for both Western Plains North and Western Plains South will
   provide invaluable information to assist in informing land use planning decisions
   in the green wedges.

   GWMP Funding

   In September 2003 the Minister for Planning, through the Local Government
   Assistance Fund – Targeted Grants, awarded a total of $140,000 to be shared
   between the Shire of Melton, City of Wyndham and the City of Hume for the
   preparation of Green Wedge Management Plans for the green wedge(s)
   nominated within their respective municipalities. In early 2006, in association
   with the Department of Sustainability and Environment, the $140,000 was
   divided equally between the three municipalities thereby giving each Council
   the opportunity to progress the development of the GWMP‟s.

   In 2009, a further $100,000 was awarded for the preparation of the Western
   Plains North and Western Plains South GWMP‟s. The grant money is to be
   used for the preparation of Green Wedge Management Plans for the green
   wedges known as Western Plains North and Western Plains South.

   Process

   Land identified by Melbourne 2030 as Green Wedge presents interface
   municipalities, such as the Shire of Melton, with a unique management
   responsibility requiring a balance between identification and protection of
   environmental features and assistance to landholders in achieving productive
   and sustainable land management practices.

   As a result, a Green Wedge Management Plan needs to outline both short and
   long term planning for the rural areas of the municipality as well as to identify
   the vision, values and purpose for the green wedge areas. To this end, Council
   officers have reviewed the Department of Sustainability and Environment‟s
   (DSE) Practice Note Preparing a Green Wedge Management Plan – August
   2005 and the document titled Principles, issues and guidelines for the
   preparation of Green Wedge Management Plans.

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ORDINARY MEETING                                      23 NOVEMBER 2009


   It is understood from these documents that the first requirement for the
   preparation of a Green Wedge Management Plan is a detailed understanding of
   the tasks and resources required.

   A separate Green Wedge Management Plan is to be prepared for each of the
   two green wedge areas located within the Shire of Melton, known as Western
   Plains North and Western Plains South.

   The boundary of the green wedge known as Western Plains North falls entirely
   within the Shire of Melton, however and as noted above, the green wedge
   known as Western Plains South is contained within both the Shire of Melton
   and the City of Wyndham.

   DSE have prepared a draft document entitled A Precinct-based approach to the
   preparation of Green Wedge Management Plans for use by Multiple Council
   Green Wedges. The crux of the document is that the best way to progress
   development of Green Wedge Management Plans for green wedges that
   straddle municipal boundaries, is to divide the areas into precincts. The
   precinct based plan will enable work on the components of the Western Plains
   South wedge that fall within the Shire of Melton and City of Wyndham municipal
   boundaries to continue independently.

   Steps in the process

   The preparation of the Green Wedge Management Plan will require the
   following:

   Development of the vision, role and purpose for the green wedge.

   It is intended that this be undertaken through targeted and professionally
   facilitated meetings with key stakeholders and relevant Council departments.

   Identification of the values and features within the green wedge including, but
   not limited to:

      Current land uses
      Landscape features including identification of existing native and
       indigenous vegetation and areas of environmental and topographical
       significance.
      European and non-European sites of heritage significance.

   Identification of the needs of landholders within the green wedge through:

      Demographic information
      Economic sustainability
      Employment opportunities
      Existing levels of community infrastructure.



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ORDINARY MEETING                                      23 NOVEMBER 2009

   A detailed economic review of the numbers, sizes and types of agribusiness is
   required for both green wedge areas.

   For the Green Wedge Management Plan to make recommendations that are of
   use to individual landowners detailed survey work is required. To this end, a
   consultant will be appointed to assist in a detailed survey of the current land
   uses within the municipality with an aim to providing landholders with
   recommendations on alternative land use options and actions for the effective
   management of rural land.

   Review of relevant Federal, State and Local Government policies that may be
   used to protect the values and features within the green wedge.

   It is considered appropriate that officers of the Shire of Melton undertake this
   review.

   Review of the Melton Planning Scheme to determine whether current planning
   provisions are adequate for the protection of features identified within the green
   wedge.

   It is considered appropriate that officers of the Shire of Melton undertake this
   review.

   Review of the current resources (both government and non government)
   available to assist landholders in undertaking sustainable land management.

   Officers of the Shire of Melton can, with the assistance of external agencies,
   undertake this review. A review of current resourcing and available programs
   will be undertaken.

   A review of plans and strategies, relevant to the preparation of the green wedge
   management plan, including fire management plans, catchment management
   plans and stream flow management plans will need to be undertaken.

   Input from key stakeholders from within these organisations will be sought
   throughout the process. Council officers have already been in discussion with
   officers from the Department of Planning and Community Development
   (DPCD), Port Phillip and Western Port Catchment Management Authority, DSE,
   Melbourne Water and Department of Primary Industries (DPI) to determine
   information that is currently available or will be available during the course of
   the preparation of the Green Wedge Management Plan.

   Once base data is collected, the following analysis is to be undertaken and
   included within the green wedge management plan:

      Identification of key opportunities and constraints with the green wedge.
      Assessment of the adequacy and effectiveness of existing resources for
       landholders within the green wedge.
      Development of new initiatives aimed at encouraging sustainable land use
       practices.

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ORDINARY MEETING                                      23 NOVEMBER 2009

        Identification of sustainable land use options.
        Incorporation of the vision, role and purpose for the green wedge into the
         Municipal Strategic Statement.

2.   Council Plan Reference and Policy Reference
     The relevant section of the Shire of Melton Council Plan 2009 – 2013 is as
     follows:

     Environment
     2. Protecting and enhancing our environment
         2.1 Encourage and promote sustainable living
         2.2 Protect and enhance our natural environment and cultural heritage
         2.3 Enhance the quality of urban and natural environments

3.   Financial Considerations
     State Government funding of $47,000 was provided to Council in 2006. An
     additional $100,000 has been provided to assist the Shire of Melton in the
     preparation of the Western Plains North GWMP and both the Shire of Melton
     and the City of Wyndham in the preparation of the Western Plains South
     GWMP.

4.   Consultation/Public Submissions
     The Green Wedge Management Plan preparation will comprise the following
     consultative processes:

     Steering Committee:

     A Steering Committee has been established to oversee the development of the
     Green Wedge Management Plans. The Steering Committee comprises officers
     from the Department of Planning and Community Development (DPCD) and
     Council officers from the City of Wyndham and the Shire of Melton.

     Working Group:

     A working group of Council officers will be established and will consist of
     representatives from Strategic Planning, Business Growth and Sustainability
     and Community Development. Additional information will be sought from other
     internal stakeholders during the process.

     Key External Stakeholders:

     A number of key external stakeholders will be engaged as part of the
     development of the Green Wedge Management Plan. At this stage it is
     envisaged that representatives from the Port Phillip and Western Port
     Catchment Management Authority, Victorian Farmers Federation, local
     Landcare groups, Western Water, Melbourne Water, Department of
     Sustainability and Environment, City of Wyndham and City of Hume be involved

                                                                                 Page 14
ORDINARY MEETING                                     23 NOVEMBER 2009

     at different stages of the project. Additional information will be sought from
     other stakeholders during the process.

     Public Consultation

     Extensive community consultation was undertaken as a component of the
     preparation of the Shire of Melton - Rural Areas Strategic Review in 2003.
     Approximately 300 people attended four workshops in Diggers Rest, Exford,
     Rockbank and Melton.

     Council also conducted public consultation process in 2002 on the subject of
     the release and implications of Melbourne 2030. This process consisted of 2
     public forums and 10 meetings with groups of interested residents and
     consultants. Additionally, a total of 78 written submissions were received in
     response to Melbourne 2030.

     The data collected for both Melbourne 2030 and Rural Areas Strategic Review
     can be used to inform issues within the Green Wedge Management Plan.
     However, targeted meetings with key stakeholders will still be required to
     develop the vision, role and purpose for the green wedge and provide user
     feedback at various stages of the Green Wedge Management Plan
     development.

     It is envisaged that a professional facilitator, to assist in gaining the most
     information in a targeted manner, will chair meetings.

     In addition, a draft of the Green Wedge Management Plan will be exhibited for
     public comment.

     Council involvement

     It is intended that the Council be continually updated on the progress of the
     Green Wedge Management Plans through a series of presentations at Council
     briefings at key points in the process.

5.   Issues
        Melbourne 2030 identified 12 green wedges across metropolitan
         Melbourne.
        A Green Wedge Management Plan must be prepared for each of the green
         wedges.
        The Shire of Melton contains two green wedges – Western Plains North
         and Western Plains South.
        A Steering Committee consisting of representatives from State
         Government, the City of Wyndham and the Shire of Melton has been
         established.
        State Government funding of approximately $147,000 has been allocated
         to assist in the preparation of both Green Wedge Management Plans.



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ORDINARY MEETING                                        23 NOVEMBER 2009

6.   Options
     Options are not applicable in the context of this report, as it has been prepared
     for information only.

7.   Conclusion
     The Green Wedge Management Plan will provide a long-term strategy for the
     sustainable management of the green wedge areas within the Shire of Melton.
     The Green Wedge Management Plan will also include actions detailing how
     landowners can effectively manage rural land and provide options for future
     land uses.

     Council officers will continue to liaise with relevant stakeholders in the DPCD in
     refining the processes associated with the development of the Green Wedge
     Management Plan.




                                                                                    Page 16
ORDINARY MEETING                                         23 NOVEMBER 2009

                                                             Bob Baggio
ITEM NO 3



             MELTON PLANNING SCHEME – AMENDMENT C98
PURPOSE OF REPORT:
To consider an amendment to the Melton Planning Scheme to strengthen the
planning controls relating to the filling of land in rural areas.



RECOMMENDATION:
That Council:
    Seek authorisation from the Minister for Planning to prepare and exhibit
     Amendment C98 to the Melton Planning Scheme.
    Following receipt of authorisation exhibit the amendment in accordance with the
     requirements of the Planning and Environment Act 1987.



REPORT

1.    Background
      Executive Summary
      A number of rural properties within the municipality are currently receiving a
      significant amount of earth fill – generally from major construction sites in the
      region such as new estates, road works etc.

      These filling works generally represent a business arrangement where the land
      owner is paid for the fill deposited. In some cases, the works have been
      authorised by a planning permit and in others cases they have not and are
      therefore largely uncontrolled.

      Invariably, the uncontrolled nature of filling works, particularly large truck
      movements for considerable periods of time, has led to some surrounding land
      owners being detrimentally affected resulting in complaints to Council.

      It is therefore proposed to amend the relevant provisions of Council‟s Planning
      Scheme – in an effort to ensure that any significant filling works are the subject
      of a planning permit. Council would then have the opportunity to consider such
      proposals of their merits and if supported impose appropriate requirements to
      mitigate possible nuisance to surrounding land owners and damage to Council
      infrastructure.

      The Amendment

                                                                                     Page 17
ORDINARY MEETING                                         23 NOVEMBER 2009

     Most of the rural land within the Shire is in the Green Wedge Zone. The
     schedule to the Zone triggers a permit for earthworks on the basis that either
     the earthworks will:

        Change the rate of flow or the discharge point of water across the property
         boundary, or;
        Increase the discharge of saline groundwater.

     In addition, these requirements are only applicable to fill which exceeds 1m in
     depth except for any works directly associated with the construction of a
     dwelling.

     This has resulted in a number of significant landfill proposals not technically
     requiring a planning permit either because the landowner has argued that any
     increase in water discharge would absorbed on the property or that the depth of
     fill would not exceed 1m (a difficult matter to monitor and enforce).

     Council officers have recently addressed the issue of water discharge by
     putting the onus on the landowner to independently demonstrate that the
     requirement has been met. Coupled with this, it is considered appropriate that
     the schedule to the Green Wedge Zone also be amended such that the permit
     trigger applies to all land irrespective of the depth of the fill. This is generally
     consistent with the provisions which apply in other growth area municipalities.

2.   Council Plan Reference and Policy Reference
     The relevant section of the Shire of Melton Council Plan 2009 – 2013 is as
     follows:

     Environment
     2. Protecting and enhancing our environment
         2.3 Enhance the quality of urban and natural environments

3.   Financial Considerations
     Council officer time and resources are involved in the preparation and
     exhibition of the amendment.

4.   Consultation/Public Submissions
     Public notification of the application
     Exhibition of the amendment will involve notice:

        To land owners and occupiers, and Government bodies, who may be
         materially affected by the amendment.
        In a local newspaper circulating in the area, on Council‟s website, and in
         the Victorian Government Gazette.




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ORDINARY MEETING                                        23 NOVEMBER 2009

     In addition, opportunities will be explored to notify rural landowners through the
     environmental enhancement program or a direct mail out to all possibly affected
     rural landowners who do not receive the local papers.

5.   Issues
     Strategic assessment of the proposal
     In line with the Strategic Assessment Guidelines for Planning Scheme
     Amendments (August 2004), prepared by the State Government, every
     Planning Scheme Amendment should be strategically supported and maintain
     or develop the strategic focus of the Planning Scheme. It is necessary to
     determine whether any amendment supports or implements the State Planning
     Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) of
     the Planning Scheme. Further, Council must determine whether the outcome
     of the amendment will have any consequences in terms of the Planning
     Scheme‟s directions, useability and transparency.

     It is considered that the proposed amendment is consistent with both State and
     Local planning policies which discourage inappropriate development and works
     in green wedge areas, and which encourage development which protects and
     enhances the urban and rural environment.

6.   Options
     Council can resolve to either:

        Seek Ministerial authorisation, or
        Not amend the Planning Scheme as suggested.

7.   Conclusion
     The proposed amendment is considered to be consistent with the Melton
     Planning Scheme, Melbourne 2030 and the Strategic Assessment Guidelines
     for Planning Scheme Amendments, and will assist in tightening the planning
     controls relating to the filling of rural land.

     It is therefore recommended that the amendment be initiated in accordance
     with the requirements of the Planning and Environment Act 1987.




                                                                                    Page 19
ORDINARY MEETING                                       23 NOVEMBER 2009

                                                           Cam Luong
 ITEM NO 4



 PLANNING APPLICATION PA2009/2224/1 – USE OF AN EXISTING
  BUILDING FOR SERVICED OFFICES AND ASSOCIATED WORKS
PURPOSE OF REPORT:
To consider a planning application to use the existing building at 1 Greville Street,
Caroline Springs for a serviced office building.



RECOMMENDATION:
A Notice of Decision to Grant a Planning Permit be issued for the proposal subject to
the following conditions:
1.    The use must at all times comply with the obligations contained within the
      restrictive covenants that are registered on the Title.

2.    Within two months from the issue date of this permit, 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)    The existing vehicle crossing located along the Greville Street frontage
             modified into a double vehicle crossing in accordance with Council‟s
             Standard Drawings.

3.    Before any advertising signage is displayed, 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.

4.    The layout of the uses on the endorsed plans must not be altered without the
      written consent of the Responsible Authority.

5.    The location and details of the signs, including those on the supporting
      structure, as shown on the endorsed plans, must be not be altered without the
      written consent of the Responsible Authority.

6.    Within two months from the issue date of this permit, the following must be
      undertaken to the requirements and satisfaction of the Responsible Authority:



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ORDINARY MEETING                                           23 NOVEMBER 2009

         (a)    The existing vehicle crossing shall be widened to a double width
                vehicle crossing. The public lighting pole located near the vehicle
                crossing shall be relocated to have a minimum clearance of 2.0m from
                the specified vehicle crossing.

         (b)    The permit holder must obtain the approval of the Responsible
                Authority to relocate, alter, modify, build-over the existing Telstra Pit.

         (c)    Any existing works affected by the development works shall be
                reinstated at no cost and to the satisfaction of the Responsible
                Authority.

7.       The use may operate only between the hours of:

         (a)    9:00am – 5:00pm (Monday to Friday).

         The hours must not be varied, changed or extended without the written
         consent of the Responsible Authority.

8.       No more than four staff may be present on the premises at any one time
         without the written consent of the Responsible Authority.

9.       The permit holder must obtain written consent of Delfin Management Services
         Pty Ltd, prior to the establishment of any business(es) within the building.

10.      All pedestrian access to the building shall be designed and constructed to
         comply with the Disability Discrimination Act.

11.      The use must be managed to the satisfaction of the Responsible Authority so
         that the amenity of the area is not detrimentally affected, through the:

         (a)    Transport of materials, goods or commodities to or from the land.

         (b)    Appearance of any building, works or materials.

         (c)    Emission of noise, artificial light, vibration, smell, fumes, smoke,
                vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

         (d)    Presence of vermin.

12.      This permit expires two years from the date of issue of this permit. At this time
         the use shall cease, unless a further permit is issued to continue the use.

NOTES:

     Any proposed vehicle crossing must be constructed to a residential standard in
      accordance with Council‟s Standard Drawings. A road-opening permit shall be
      obtained from Council prior to construction.
     Any proposed vehicle crossing must have clearance from public light poles, street
      sign poles, other street furniture, trees and any traffic management devices.

                                                                                       Page 21
ORDINARY MEETING                                        23 NOVEMBER 2009

    Condition 3 of the planning permit relates to all advertising signs, including
     advertising signs that are deemed to be „Section 1- Permit Not Required‟ under
     the provisions of Clause 52.05.


REPORT
1.    Background
      Executive Summary
       Application No.:        PA2009/2224/1
       Applicant:              Neerod Designs

         The proposal is to use the existing building at 1 Greville Street (corner of
          The Esplanade), Caroline Springs for a serviced office building.
         The site is within the Comprehensive Development Zone and not affected
          by any overlay controls.
         The application was publicly advertised by sending letters to surrounding
          residents and by placing a sign on the subject land. At the end of the
          advertising period one objection was received.
         The proposal is considered to meet the relevant requirements of the
          Council‟s Planning Scheme.
         Temporary approval of the application is recommended.

      The Land and Surrounding Area
      The subject land is described as Lot 1 on PS523411M, number 1 Greville
      Street, Caroline Springs. The subject land is rectangular in shape with
      frontages to Greville Street and The Esplanade. The land is located within a
      residential area of Caroline Spring, which is within walking distance of the Town
      Centre. Subdivision works relating to Stages 3, 4, and 5 release of The
      Esplanade (as known as Lakeside) Estate are being carried out within the
      immediate area.

      Twelve indented car-parking bays had been constructed as part of the Stage 1
      subdivision release of the Estate; and another nine indented car-parking bays
      will be constructed as part of the Stage 3 subdivision release of the Estate. The
      indented car-parking bays will be located within 50 metres of the subject land.

      A two-storey building has been constructed on the land. The building was
      previously used as a display home.
      Refer to Appendix 1 for a Locality Plan.

      The Application
      The proposal is to use the existing building to provide serviced office rooms,
      which would be subsequently leased/rented to small business owners. The
      applicant has provided plans showing the existing internal layout of the dwelling
      and the proposed internal layout for the serviced office.



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ORDINARY MEETING                                       23 NOVEMBER 2009

   The internal layout for the serviced office use shows that:
    The master bedroom (Bedroom 1) and ensuite will be modified into a
        reception area.
    Bedrooms 2, 3, and 4 will be modified into serviced offices rooms.
    The sitting room on the first floor would also be modified into an office
        room.
    The kitchen, meals, and living room on the first floor would be modified into
        a general staff area.
   A total of four individual office rooms are proposed. The total leasable floor area
   for the proposed use (including reception area) is approximately 84.7 square
   metres. The applicant has indicated that a total of five staff would be employed
   on the premises. The existing garage and driveway area can provide parking
   for upto four vehicles.

   It should be noted that the use has already commenced and has been
   operating as the „Waters Edge Business Centre‟ for quite some time. Therefore
   a retrospective permit to continue the use is being sought.

   Refer to Appendix 2 for the description of the proposal and the plans provided
   by the applicant.

   Planning Controls
   The subject land is located in the Comprehensive Development Zone (CDZ1)
   under the jurisdiction of the Melton Planning Scheme. The use of the land for
   an office is a „Section 2-Permit Required Use‟, if the site is not identified
   (specifically) for the use in the approved precinct plan. The use of the must also
   be generally in accordance with the Caroline Springs Town Centre
   Comprehensive Development Plan and any relevant approved precinct plan.

   The Caroline Springs Town Centre Comprehensive Development Plan
   identifies that the precinct will be used for “Mixed Use/Residential”. The subject
   land is also located within Precinct Plan 14 of the Caroline Springs Town
   Centre. The Precinct Plan has been amended several times; and Council
   approved the most recent Precinct Plan on 5 October 2009. The subject land is
   specifically identified for the use of a display home (associated with display
   village) in the Precinct Plan.

   Clause 52.06 – Car parking
   The car parking provisions at Clause 52.06 specifies that an office use should
   be provided with 3.5 car parking spaces per 100 square metres of floor area;
   and medical centre use should be provided with 5 car parking spaces per a
   practitioner.

   Planning Policy Framework
   State Planning Policy Framework
   The following State Planning Policy is relevant in the assessment of this
   application:

                                                                                   Page 23
ORDINARY MEETING                                        23 NOVEMBER 2009

        Clause 12.01 – A more compact city

     The overarching objective of the „A more compact city‟ policy initiative at Clause
     12.01 is to promote sustainable development that takes advantage of existing
     investment in transport, communications, social facilities, and water and
     sewerage. Amongst its numerous objectives, the policy encourages high trip
     generating uses of housing density around activity centres.

     Local Planning Policy Framework
     The following Local Planning Policy is relevant in the assessment of this
     application:
      Clause 22.05 – Employment

     The aim of the Employment policy at Clause 22.05 is to create an environment
     conducive to economic growth and wealth generation. Amongst its numerous
     objectives, the policy seeks to “provide opportunities for home-based
     businesses that do not detrimentally impact upon the amenity or liveability of
     residential areas”.


2.   Council Plan Reference and Policy Reference
     The Melton Shire Council Plan 2009 – 2013 outlines the following:

     Business and employment
     3. Increasing business and employment opportunities
         3.3 Encourage local skill development and local employment opportunities

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

4.   Consultation/Public Submissions
     Public notification of the application
     The application was advertised to adjoining and adjacent landowners and
     occupiers by mail and by placing a sign on the subject site. At the end of the
     advertising period, one (1) objection was received. The issue raised in the
     objection is as follows:

        The subject land is within a residential area.
        There are sufficient opportunities to establish business within the Caroline
         Springs Town Centre.
        Increased traffic and car parking demand.
        Unsightly advertising signage.




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ORDINARY MEETING                                         23 NOVEMBER 2009

Referral of the application


     Engineering              No objections to the proposal subject to conditions.
     Department


5.   Issues
     Planning Assessment
     The proposal has been assessed against and deemed consistent with the
     relevant State and Local Planning Policies.

     The applicant has provided correspondence from Delfin (dated 17 July 2009)
     indicating that Delfin has agreed to allow the existing building to be used for the
     serviced offices proposal (Refer to Appendix 3). The covenant requires the
     landowner to obtain the consent of Delfin Pty Ltd before the land can be used
     for any non-residential use.

     Probably the main planning issue relating to the use is the availability or
     provision of parking.

     The building currently contains a double garage and two tandem car spaces
     with access to a further two indented car spaces recently constructed directly
     adjoining The Esplanade frontage of the site. The use technically requires 8 to
     9 spaces however this requirement can be waived or reduced at Council‟s
     discretion.

     Although no formal car parking surveys have been conducted, Council officers
     have inspected the site on a number of occasions. No overflow car parking or
     congestion issues were ever witnessed.

     An option for Council given the car parking shortfall is to issue a temporary
     permit to monitor the use during that period. Should car parking prove to be an
     issue during the life of the permit, Council would have an opportunity to
     consider this as part of any new application to continue the use.

     Objectors Concerns
           The subject land is within a residential area.

     The subject land is located within the residential area of Caroline Springs,
     which is located at the edge of the Caroline Springs Town Centre. The land is
     located approximately 400 metres from the Caroline Spring Library/Civic Centre
     and has direct views of Lake Caroline.

     Although, the immediate surrounding area has been developed predominately
     for residential purposes, the zoning of the land allows for a wide variety of non-
     residential uses to be established, subject to planning approval.



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ORDINARY MEETING                                        23 NOVEMBER 2009

     The main test for determining whether commercial type uses are appropriate in
     a residential area relate to the intensity of use being complementary with
     residential environment.

     In this case, it is considered that the office uses are discrete and seem to cause
     little or no nuisance.

          There are sufficient opportunities to establish business within the
           Caroline Springs Town Centre.

     The availability of land (or office floor space) within the Caroline Springs Town
     Centre is not considered to be a relevant planning issue.

          Increased traffic and car parking demand.

     As previously mentioned in this report, Council officers have inspected the
     property on several occasions, given that the use has already commenced.
     During these visits no car parking or congestions problems were apparent. The
     issuing of a temporary will allow Council officers an opportunity to assess the
     car parking demand generated by the use over a longer period of time.

          Unsightly advertising signage.

     Deflin Pty Ltd has consented to the proposal subject to several conditions; one
     of the conditions stipulates that that Delfin must consent to any signage to be
     erected.

     A condition will be placed on planning permit, which would require the permit
     holder to submit plans showing the size, dimensions, and location of any
     advertising signage proposed.

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

7.   Conclusion
     The application has been assessed against the State Planning Policy
     Framework, Local Planning Policy Framework, Zone provisions, and the
     Decision Guidelines of the Melton Planning Scheme.

     It is considered that the proposal generally complies with the relevant
     requirement of the Planning Scheme.

     Therefore, it is recommended that the application is approved on a temporary
     basis.




                                                                                    Page 26
ORDINARY MEETING                                      23 NOVEMBER 2009

                                                         Brett Luxford
 ITEM NO 5



              COUNCIL’S RESPONSE TO CLIMATE CHANGE
PURPOSE OF REPORT:
To update Councillors on the range of initiatives that Council is undertaking to
address the issue of Climate Change and Sustainability.



RECOMMENDATION:
That Council notes the report



REPORT
1.   Background
     “Climate change is the result of changes in our weather patterns because of an
     increase in the Earth‟s average temperature. This is caused by increases in
     greenhouse gases in the Earth‟s atmosphere. These gases soak up heat from
     the sun but instead of the heat leaving the Earth‟s atmosphere, some of it is
     trapped, making the Earth warmer.” (www.climatechange.gov.au/climate-
     change.aspx)

     The scientific evidence is now overwhelming that human activities, particularly
     the burning of fossil fuels, are a primary cause in the change in the global
     climate. Recent international scientific reporting informs us that many aspects
     of the global climate are changing at a faster rate than scientists previously
     predicted.

     There are two ways to deal with the issue of climate change; mitigation and
     adaptation.

     Mitigation is changing our behaviours and processes to reduce the amount of
     greenhouse gases we emit in order to minimise any future impacts on the
     climate. Adaptation takes into account that scientists believe that further
     climate change is inevitable as a result of the greenhouse gases already
     emitted and we must adapt the way we live in order to deal with these impacts.

     Melton Shire Council is involved in both mitigating and adapting our behaviours
     and processes to deal with climate change and as further legislative measures
     are put into place to penalise carbon emitters we will need to act to minimise
     the financial impact from non sustainable activities.




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ORDINARY MEETING                                       23 NOVEMBER 2009

2.   Council Plan Reference and Policy Reference
     The relevant section of the Shire of Melton Council Plan 2009 – 2013 is as
     follows:

     Environment
     2. Protecting and enhancing our environment
         2.1 Encourage and promote sustainable living
         2.2 Protect and enhance our natural environment and cultural heritage
         2.4 Provide services and infrastructure that are environmentally sustainable

     Leadership
     5. Leading the organisation and the community through accountability,
        transparency and advocacy
         5.1 Practice good governance, social, economic and environmental
         responsibility

3.   Financial Considerations
     Many of the initiatives are being undertaken within normal business practices
     and as part of the on-going scope of capital works.

4.   Issues
     “Scientists are certain that climate change is already happening. Global
     average surface temperature increased over the past 100 years by about
     0.7°C. There has also been an increase in heatwaves, a reduction in frosts,
     warming of the lower atmosphere and deep oceans, retreat of glaciers and sea
     ice, a rise in sea level of approximately 17 cm and increased heavy rainfall in
     many              regions.”           http://www.climatechange.gov.au/climate-
     change/science/warming.aspx

     Scientists almost all agree that climate change is impacted on by human
     activity and that as a result of the greenhouse gases already emitted some
     change is „locked in‟ and Victoria will likely have:

        Higher average temperatures
        More extremely hot days and more days in a row
        Less humidity
        Less rain
        More extreme weather events- heavy rain, hail, high winds
        Sea level rise effecting coastal areas

     The impacts of climate change are far reaching and Melton Shire Council and
     our community will have to change the way we operate in order to reduce our
     greenhouse emission to mitigate any further impact on the environment and
     adapt to a changing climate.

     In 2007 Melton Shire Council was awarded Australia‟s Most Sustainable City
     within the Keep Australia Beautiful Awards for its work with the community in

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ORDINARY MEETING                                       23 NOVEMBER 2009

    enhancing and protecting the environment and has been at the forefront of
    sustainability for many years. Climate change however brings with it a number
    of new challenges and Melton Shire Council has a number of initiatives and
    activities in place across all departments both mitigate and adapt to these
    challenges.
    The table below is just a snapshot of the some of the actions already in place
    and the development of a greenhouse action plan will help drive more initiatives
    in the coming years.

Project/initiative   Detail                                                     Status
Low Emissions        Technical Feasibility Study into the viability of          Ongoing
Residential          developing low emission New Homes. This project is
Development for      particularly focused on influencing the development of
Toolern
                     new homes in Toolern across the growth corridor.
                     Proposal, in partnership with Western Water, submitted
                     for $850,000 Sustainability Victoria ZEN Funding.
Sustainable          Measures emissions and energy use from Melton              Complete
Public Lighting      Shire‟s current public lighting stock and highlights
Action Plan          potential emissions savings that could be achieved
                     from installing efficient alternative public lighting.
Establishment of     Sustainable Living Group has received a $2,500             Group
new Melton           Melton Shire Council „Start Up Grant‟ to establish. The    Established,
Sustainable          group will promote sustainability across the Shire and     Ongoing
Living Group         demonstrate ways to live that are both sustainable and
                     cost effective.
Solar Suburbs        80 Melton residents signed up for solar panels on their    Completed
WAGA                 roofs. Project promoted strongly by Melton Shire and
                     will result in over 1 MW of renewable energy and the
                     influx for $640,000 of Commonwealth Funding into the
                     Shire.
Planet Footprint:    Ongoing project to measure Council‟s Corporate             Underway,
measuring            Emissions. Program to access energy and water use          Ongoing
Council‟s            data from utility companies and report quarterly on
corporate            Council‟s electricity, gas, water, fleet and waste
emissions            emissions. Initial reports still being established and
                     ensuring data is accurate.
Energy Coach         Melton Shire Council will receive 116 hours of technical   Funding
(WAGA)               expertise (valued at $13,000) from energy engineers        Confirmed,
                     and behaviour change advisors. Energy Audits of            Work
                     major Council facilities by a private company,             Underway
                     Carbonetix.
                     Recommendations for improving energy efficiency and
                     training for key Council staff in energy systems
                     improvements to complement audits. (WAGA project


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ORDINARY MEETING                                       23 NOVEMBER 2009

Project/initiative   Detail                                                     Status
                     funded by Vision for the Werribee Plains).




Big Roofs Project    Has mapped 14 km2 of commercial and industrial roofs       Funding
(WAGA)               in the Melton Shire that could be used to harvest water    confirmed,
                     or for the production of energy from Solar Panels. A       work
                     guide book and pilot project will be undertaken in the     underway
                     Western Region of Melbourne to seek to establish a
                     framework for utilising the space identified.
Sustainable          WAGA/Melton Community Home Retrofit Program –              Underway
Suburbs in the       will provide a one stop shop for Melton Shire Council
West                 residents to access free home audits, information
                     about Commonwealth Green Loans Scheme, access
                     to a range of energy efficiency products e.g. solar hot
                     water services, appliances, lighting products,
                     insulation, window shading, smart meters and services
                     for installing them. Council involved in promoting the
                     project in partnership with the selected provider of the
                     service, Envirogroup.
Integrated Water     A project seeking an exemplary water plan for Toolern.     Underway
Strategy for         It will look at harvesting water from various sources
Toolern              and reusing this on-site. The project will serve as a
                     model of cutting edge water planning for other
                     developments in the Shire. Lead by Western Water in
                     partnership with Melbourne Water and Melton Shire
                     Council.
Zero emissions       Will provide an emissions profile for Melton Shire         Consultant
strategy for         Community identifying where emissions are coming           appointed,
western region       from. Will provide absolute energy use data for            work
councils -SGS        residential community in Melton and identify strategies    underway
consulting           for achieving zero emissions from the west.
(WAGA)
Green Homes          A program to deliver a series of workshops in Caroline     Confirmed
Program              Springs on how residents can reduce their carbon           and planning
ACF                  footprint. Will also provide champions training for        underway for
                     community leaders to take back to their community and      workshops
                     produce a green homes guide book for Melton Shire
                     residents. Partnership between Melton Shire Council
                     and the Australian Conservation Foundation.

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ORDINARY MEETING                                        23 NOVEMBER 2009

Project/initiative   Detail                                                      Status
Carbon 101 –         Short training course aimed at local businesses to          Planning
Small business       assist them to reduce emissions and safe energy. Run        stage
training             through Victoria University in partnership with Melton
                     Shire Council and the Greater Melton Chamber of
                     Commerce.
Carbon Pass          Sustainability Accord funding proposal for development      Application
through Project      of a tool that calculates the cost of council purchasing    with DSE
                     decisions. Melon Shire Council is the lead Council in       Sustainability
                     the funding application.                                    Accord
Electric Vehicle     Electric Vehicle purchased by Council to be used for        Vehicle due
Purchase             short trips – Funding support from Sustainability Vic for   by late
                     fledgling sustainable industry, public demonstration of     November
                     sustainable technology.
Environmentally      The designing of our new (and future) buildings             Ongoing
Sustainable          incorporates Environmentally Sustainable Design
Design               requirements. (EG: Current design for Burnside
                     Heights Community pavilion has a 100+ ESD design
                     initiatives within it).
Water saving in      Water capture and reuse projects at Caroline Springs        Ongoing
buildings            Community Hub and Waves. The first 2 stages have
                     saved 3.5 ML of potable water in first 12 months of
                     operation.
Recreation           Implementing warm season grasses and 3 synthetics           Ongoing as
reserves             project at recreation reserve etc (water use reduction).    part of capital
                                                                                 works
                                                                                 program
Zero Waste           Implementation of the Zero Waste Management                 Ongoing
Management           strategy which includes the ongoing operation of
Strategy             Melton Recycling Facility, Melton Resale Centre and
                     the Detox Your Home Centre. The focus is on
                     increasing recycling/reuse and reducing the amount of
                     materials being sent to landfill. A range of initiatives
                     have been identified in the strategy with a key focus
                     being the reduction of Co2 emissions associated with
                     municipal waste.
Road                 Trialling the use of recycled materials in road             Trial to be
construction         pavements – Eg: Fraser Street Rehabilitation                assessed
                     project utilising FoaMix Asphalt.

    In addition to the items listed in the above table, various departments across
    Melton Shire Council are changing the way they do business as a result of the
    changing nature of our climate.

    The changes in behaviour include altering work patterns to avoid staff being out
    in the main heat of the day, promoting the use of environmentally friendly

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ORDINARY MEETING                                       23 NOVEMBER 2009

     products in our purchasing policies, encouraging contractors/suppliers to
     undertake sustainable practices, producing and distributing documents
     electronically to reduce paper usage, upgrading technology to allow staff to
     effectively use ICT and developing strategies and policies with climate change
     and the environment as a key driving factor.

     The response across Council and the community has been excellent in respect
     to dealing with a confronting issue. There is still however more work to be done
     and as the shape of the Federal Government‟s Carbon Pollution Reduction
     Scheme becomes better known and the cost of carbon is passed through the
     system, the financial impacts on Local Government will become better known.

6.   Options
     Climate change is an issue that will continue to remain front of mind for the
     community and all tiers of government. Council must continue to look at its
     processes and behaviours in order to mitigate and adapt.

7.   Conclusion
     The issue of climate change has dominated national and local media and as a
     result changes in behaviour have begun to occur across the community and
     within all tiers of government. Climate change is something we all must deal
     with and we all have a responsibility to reduce the amount of greenhouse gases
     we emit in order to minimise any future threat to the environment.

     This report highlights that Melton Shire Council has many initiatives underway
     to better understand and reduce our carbon footprint and to ensure we are
     placed to deal with the impacts of climate change.

     Council is also working with the community to provide them with information
     and programs that assist them to reduce their carbon footprint and adapt to the
     effects of climate change that are predicted in the coming years.




                                                                                  Page 32
ORDINARY MEETING                                         23 NOVEMBER 2009
                                                           Simon Temple
 ITEM NO 6



     PLANNING APPLICATION PA2008/2089/1 – USE AND
DEVELOPMENT OF THE LAND FOR THE PURPOSE OF A PLACE OF
ASSEMBLY COMPRISING A YOUTH AND COMMUNITY CENTRE WITH
       ASSOCIATED CAR PARKING AND LANDSCAPING
PURPOSE OF REPORT:
To consider a planning application for use and development of the land for the
purpose of a Place of Assembly (Youth and Community Centre) with associated car
parking and landscaping on the Taylors Hill Recreation Reserve – Corner Calder
Park Drive and Omarama Way, Taylors Hill.



RECOMMENDATION:
That Council issue a Notice of Decision for the above proposal subject to the
following conditions:
1.   Before the use and development commence, 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)   A detailed schedule of construction materials, external finishes and
           colours for the proposed building.

     (b)   Provision of twelve (12) bicycle parking spaces for the proposal in
           accordance with Clause 52.34 of the Melton Planning Scheme.

2.   Before the development starts, a landscape plan prepared by a person suitably
     qualified or experienced in landscape design 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:

     (a)   Location and identification of all proposed plants.

     (b)   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.



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ORDINARY MEETING                                        23 NOVEMBER 2009

     (c)   A survey (including botanical names) of all existing vegetation to be
           retained and/or removed.

     (d)   Buildings and trees (including botanical names) on neighbouring
           properties within three metres of the boundary.

     (e)   Details of surface finishes of pathways and driveways.

           All species selected must be to the satisfaction of the Responsible
           Authority.

           The use and development as shown on the endorsed plan(s) must not be
           altered without the written consent of the Responsible Authority.

3.   The use may operate only between the hours of:

     (a)     8am – 9pm (Sunday to Thursday)
     (b)     8am – 11pm (Friday and Saturdays)

4.   Before the use/occupation of the development starts 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.

5.   The landscaping shown on the endorsed plans must be maintained to the
     satisfaction of the Responsible Authority and used for no other purpose,
     including that any dead, diseased or damaged plants are to be replaced.

6.   Before the use or occupation of the development starts, 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)   Sealed with a concrete or asphalt surface.

     (d)   Drained.

     (e)   Line marked to indicate each car space and all access lanes.

     (f)   Clearly marked to show the direction of traffic along access lanes and
           driveways 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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ORDINARY MEETING                                       23 NOVEMBER 2009

7.   No fewer than 118 car spaces must be provided on the land for the use and
     development, including 3 spaces clearly marked for use by disabled persons.

8.   A sign to the satisfaction of the Responsible Authority must be provided
     directing drivers to the areas set aside for car parking and must be located and
     maintained to the satisfaction of the Responsible Authority. The area of each
     sign must not exceed 0.3 square metres.


9.   Prior to the commencement of works, the following must be undertaken to the
     requirements and satisfaction of the Responsible Authority:

        Drainage plans and drainage design calculations for the proposed
         development shall be submitted to the Responsible Authority for approval.

        Water Sensitive Urban Design shall be incorporated into the drainage
         design plans.

        All associated works related to the development that encroaches into any
         road reserve shall require the approval of the Responsible Authority.

        Concrete kerb of a minimum height of 150mm must be provided between
         the landscaped areas and areas provided for parking and the passage of
         vehicles.

        Four bicycle parking spaces shall be provided within the site.

10. Prior to the occupation of the proposed building, the following must be
    undertaken to the requirements and satisfaction of the Responsible Authority.

        Drainage from the building must be directed to the approved legal point of
         discharge.

        Consent is required from VicRoads for the site‟s vehicular access point in
         Calder Park Drive. The vehicle crossing shall provide for a 2-way vehicle
         access, in accordance with AS2890.2 section 3.4.

        Vehicle crossings to the site must be constructed in accordance with
         Council‟s Standard Drawing for industrial vehicle crossing.

        All pedestrian access to the buildings shall be designed and constructed to
         comply with the Disability Discrimination Act.

        Any existing works affected by the development works shall be reinstated
         at no cost and to the satisfaction of the Responsible Authority.

VicRoads (Conditions 11-19)

11. There must be only one vehicular access onto Calder Park Drive from this
    development site.

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ORDINARY MEETING                                           23 NOVEMBER 2009


12. All vehicular movements to and from Calder Park Drive must be made in a
    forward in, forward out manner and restricted to left in, right in and left out
    access arrangement.

13. There must be no gate or any other obstruction within 6.0 metres of the
    property line.
14. Scaled (1:250 or larger) functional layout plans are required to be submitted to
    VicRoads for review and approval prior to the commencement of works showing
    the following:

     (i)     To the satisfaction of and at no cost to VicRoads or the Responsible
             Authority, the proposed vehicular access onto Calder Park Drive must be
             constructed such that it is at least 7.0 metres wide at the property
             boundary, and at least for the first 6.0 metres within the property
             boundary, flared and splayed with a minimum of 3.0 metres radial turnouts
             and 1.0 metre clearance to any fixed objects.

     (ii)    To the satisfaction of and at no cost to VicRoads or the Responsible
             Authority, the proposed access onto Calder Park Drive shall be restricted
             to left in, right in and left out access arrangement, by installing a splitter
             island mounted with the appropriate signage and the associated line
             marking or prevent right egress turning movements.

     (iii)   To the satisfaction of and at no cost to VicRoads or the Responsible
             Authority, a right turn auxiliary lane must be provided with the associated
             line marking and road widening works on Calder Park Drive.

     (iv) To the satisfaction of and at no cost to VicRoads or the Responsible
          Authority, a deceleration lane must be provided on the Calder Park Drive
          southbound carriageway for the proposed access onto Calder Park Drive.

15. The proposed vehicle access, right auxiliary land and deceleration lane shall be
    designed and constructed in accordance with guidance contained in AustRoads
    “Guide to Traffic Engineering Practice” and VicRoads “ Road Design
    Guidelines”.

16. Signage, line markings and pavement markings shall be designed and installed
    in accordance with the Traffic Engineering Manual – Volume 2 Signage and
    Markings (December 2001).

17. Worksite traffic management shall be in accordance with Australian Standard
    AS1742.3 – 2009 “Manual of Uniform Traffic Control Devices – Part 3: Traffic
    Control Devices for Works on Roads” and VicRoads “Worksite Traffic
    Management (Roadworks Signing) Code of Practice”.

18. To the satisfaction of and at no cost to VicRoads or the Responsible Authority,
    the developer shall be responsible for the relocation and reinstatement of any
    trees, road furniture and any other services that may be required in this work.


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ORDINARY MEETING                                         23 NOVEMBER 2009

19. Any works associated with the proposed development must be performed at no
    cost to VicRoads or the Responsible Authority.

20. The use and development and construction activities must be managed to the
    satisfaction of the Responsible Authority so that the amenity of the area is not
    detrimentally affected, through the:

     (a)    Transport of materials, goods or commodities to or from the land.

     (b)    Appearance of any building, works or materials.
     (c)    Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,
            steam, soot, ash, dust, waste water, waste products, grit or oil.

     (d)    Presence of vermin.

     (e)    Inappropriate storage of any works or construction materials.

     (f)    Hours of construction activity.

21. Noise levels emanating from the premises must not exceed those required to
    be met under State Environment Protection Policy (Control of Music Noise from
    Public Premises), No. N-2.

22. All security alarms or similar devices installed on the land must be of a silent
    type in accordance with any current standard published by Standards Australia
    International Limited and be connected to a security service.

23. No external sound amplification equipment or loud speakers are to be used for
    the purpose of announcement, broadcast, playing of music or similar purpose.

24. Prior to commencing the use or occupying any buildings, all external walls
    visible from adjoining roads must be painted in accordance with the endorsed
    schedule to the satisfaction of the Responsible Authority.

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

          The development and use is/are not started within two years of the date of
           this permit.
          The development is not completed within four years from the date of this
           permit.

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

Note(s):
Engineering

          Relevant permits, including but not limited to a road opening permit, will be
           required from Council prior to works commencing.


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ORDINARY MEETING                                       23 NOVEMBER 2009

REPORT

1.   Background
     Executive Summary

     Application No.:          PA2008/2089/1
     Applicant:                Melton Shire Council

        The application proposes to use and develop the subject land for the
         purposes of a Place of Assembly (Youth and Community Centre) with
         associated car parking and landscaping.
        The site is located within the Residential 1 Zone and affected by the
         Development Plan Overlay (Schedule 1).
        Nine (9) objections and a petition containing 49 signatures have been
         received against the proposal.
        The proposal meets the relevant requirements of the Council‟s Planning
         Scheme.
        It is recommended that the application be approved.

     The Land and Surrounding Area

     The subject site is known as Lot: Res1 PS: 543379R, 20-60 Omarama Way
     Taylors Hill and is located on the northern side of Omarama Way, and the
     western side of Calder Park Drive. The currently underdeveloped Council
     Reserve will be known as the Taylors Hill Recreational Reserve.

     Other features of the site are as follows:

        The site is generally rectangular in shape, relatively flat and is currently
         vacant. The total area of the subject site is 5.8 hectares.
        The site has frontage to Calder Park Drive (eastern boundary), Eloura
         Circuit (western boundary), Kingston Drive (southern boundary) and
         Omarama Way (southern boundary).
        The subject land does not contain any native vegetation or any existing
         easements.

     Adjacent properties and the surrounding area can be described as a recently
     established residential area (Taylors Hill Estate) characterised by single and
     double storey detached dwellings directly opposite the site on the southern side
     of Omarama Way and Kingston Street and medium density housing comprising
     double storey attached dwellings directly opposite the site on the western side
     of Eloura Circuit. A retirement village comprising single storey dwellings, a two
     storey condominium style building and associated community facilities occupies
     the land directly opposite on the eastern side of Calder Park Drive. The
     adjoining land to the north is currently vacant. However, Council has recently
     issued a planning permit (PA2009/2226) to subdivide this land into 45 lots for
     residential purposes.


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ORDINARY MEETING                                       23 NOVEMBER 2009

   Refer to Appendix 1 for a locality plan

   The Application

   The application proposes the use and development of land for the purposes of
   a Place of Assembly (Youth and Community Centre) with associated car
   parking and landscaping.

   The proposed use and development is summarised as follows:

      Construction of a single storey building within the eastern (front) portion of
       the subject site. The building will comprise a reception/office area,
       interview rooms, community training/meeting room, internet lounge,
       community meeting/learning room, band room, three community meeting
       rooms, amenities for staff and visitors (kitchen and toilet facilities), storage
       and courtyard.
      The proposed building will be setback 20 metres from the eastern boundary
       (Calder Park Drive frontage), 80 metres from the northern boundary and 64
       metres from the southern boundary. The building will have a wall height of
       3 metres and an overall height of 6 metres.
      External materials and finishes for the proposed building include a mix of
       cement sheet cladding (textured paint finish) walls, glazing, metal clad
       roofing and steel framed canopies.
      The Youth and Community Centre will operate from 8am to 9pm (Sunday to
       Thursday) and 8am-12am (Fridays and Saturdays).
      The facility will accommodate up to 10 staff and focus on internet access,
       youth and community programs and social activities.
      A car parking area comprising 118 car spaces (including 3 spaces for
       persons with a disability) will be located on the northern side of the subject
       site. The dimensions of the car spaces are 2.6 metres (width) by 5 metres
       (length) with the exception of the disabled car spaces, which are 2.4 metres
       (width) by 5 metres (length).
      Vehicle access to the subject land will be provided by a 7 metre wide
       crossover (single vehicle exit and entry) onto Calder Park Drive at the
       north-east end of the site.
      Future stages (not part of this application) will include multipurpose sports
       ovals and associated sports pavilion, playground, pergola and BBQ area.

   Refer to Appendix 2 for plans of the proposal

   Planning Controls

   The land is within the Residential 1 Zone and is affected by the Development
   Plan Overlay (Schedule 1) pursuant to the Melton Planning Scheme.

   Under the Zone provisions, a permit is required for the use and development of
   a Place of Assembly (Section 2 use) under Clause 32.01-1 and Clause 32.01-6
   of the Scheme.



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ORDINARY MEETING                                       23 NOVEMBER 2009

   Schedule 1 of the Development Plan Overlay (Clause 43.04) states that
   Council must not grant a permit for any use and/or development until a
   development plan has been prepared to the satisfaction of the Responsible
   Authority.     Development Plan No. DP 2001/009 (Watervale Outline
   Development Plan) was approved by Council on 23 December 2003 and
   nominates the use of the subject land for a Local Park. The approved
   development plan report recommends a multi-purpose community facility
   offering a range of services.

   The following State policies are relevant to this proposal:

      12.05 – A great place to be.
      14 – Settlement.
      15.10 – Open Space.
      18.02 - Car parking and public transport access to development.
      19.03 – Design and built form.

   In summary, these policies encourage the creation of better quality, safer and
   more functional urban environments, integration of housing, workplaces,
   shopping, recreation and community services to provide a mix and level of
   activity that attracts people and provides a lively community focus and a range
   of open spaces to meet a variety of needs. The policies also aim to ensure a
   sufficient supply of land is available for residential, commercial, industrial,
   recreational, institutional and other public uses and facilitate the orderly
   development of urban areas. In addition, the policies aim to ensure access is
   provided to developments in accordance with forecast demand taking
   advantage of all available modes of transport and to minimise impact on
   existing transport networks and the amenity of surrounding areas.

   Clause 21.04-2 of Council‟s Municipal Strategic Statement (MSS) relates to the
   Melton East Growth Area (which includes the subject land). The objective of
   the Melton East Growth Area is amongst other things, to provide a range of
   civic, cultural, commercial, educational and employment opportunities for its
   residents. This is to be achieved by ensuring that community and commercial
   facilities are clustered around major intersections.

   Clause 22.01 of the Melton Planning Scheme outlines Council‟s Residential
   Land Use Policy. An objective of this policy is “to ensure that Melton and
   Melton East become socially and economically sustainable urban areas that
   provide a diverse array of community services, shopping, employment and
   other facilities”.

   Clause 22.03 of the Melton Planning Scheme outlines Council‟s Recreation and
   Open Space Networks Policy. The relevant objectives of this policy are:

      To provide for passive and active recreation use by a cross-section of the
       community.
      To maximise opportunities for multi-use open space and the location of
       appropriate community and cultural facilities near open space.


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ORDINARY MEETING                                        23 NOVEMBER 2009

        To ensure that open space is appropriately integrated with surrounding land
         uses, and is responsive to natural landscapes and features.
        To provide adequate open space within walking distance of all residents
         and workers.
        To locate open space and recreation facilities in new developments to
         maximise
         surveillance and direct public access.

2.   Corporate Planning Reference and Policy Reference
     The Melton Shire Council Plan 2009 – 2013 outlines the following:

     Community health and wellbeing
     1. Improving health and wellbeing for our diverse community
       1.1 Ensure everyone has access to quality Council services
       1.3 Improve physical, social and mental health and wellbeing for a safe,
          active and health community.

     Managing Growth
     4. Ensuring our fast growth is well planned and managed, and Council‟s
        physical assets are well maintained.
        4.4 Provide access to quality infrastructure and services;

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

4.   Consultation/Public Submissions
     Public notification of the application
     The application was required to be advertised.         The advertising was
     satisfactorily completed and nine (9) objections and a petition containing 49
     signatures were received.

     The grounds of objection may be summarised as follows:

        The proposal will create traffic, parking and safety problems along
         Omarama Way and block vehicle access to properties for residents living in
         Omarama Way and Kingston Street.
        The proposed use and development does not fit with the expectations of a
         local park.
        The proposed community centre will attract alcohol, drugs, violence,
         vandalism, hoons and garbage.
        Noise and pollution.
        Vehicle access to the development requires access from Calder Park Drive
         across double lines and would be very dangerous.
        Loss of property values.




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ORDINARY MEETING                                       23 NOVEMBER 2009

     In response to these concerns, the applicant made a number of amendments to
     the proposal. These amendments included relocating the main car park (83
     spaces) to the northern side and the secondary car park (26 spaces) to the
     southern side of the proposed building and the inclusion of a playground, BBQ
     area and pergola on the southern side of the subject site opposite Omarama
     Way.      The amended plan was readvertised to all objectors and
     owners/occupiers previously notified of the application. Council did not receive
     any additional objections to the application and no objections were withdrawn.

     Following discussions with the applicant, further amendments were made to the
     plans. These amendments involved removing the second vehicle crossover on
     Calder Park Drive and incorporating the car park on the southern side of the
     proposed building into the main car park to provide a total of 118 car spaces for
     the proposal. The amended plan was readvertised to all objectors and
     owners/occupiers previously notified of the application. Council did not receive
     any additional objections to the application and no objections were withdrawn.

     Referral of the application

     Internal

     Engineering             No objections to the proposal subject to conditions.
     Department
     Community               No objections
     Infrastructure
     Leisure Services        No objections
     Civil Contracts         No objections

     External

     VicRoads                No objections to the proposal subject to conditions.


5.   Issues
     Planning Assessment
     The proposed use and development of the subject site for a Youth and
     Community Centre (Place of Assembly) is consistent with the State and Local
     Planning Policy Framework including Council‟s Municipal Strategic Statement
     (MSS), Council‟s Residential Land Use Policy and Council‟s Recreation and
     Open Space Networks Policy.

     The proposal will provide a range of programs, services and facilities including
     internet access, community meeting space and music rooms to benefit the local
     community including residents in the existing residential estate (Taylors Hill
     Estate) surrounding the subject land.

     The proposal is consistent with Council‟s MSS and local planning policies,
     which encourages the location of appropriate community facilities around major
     intersections and near open space. The subject land is located adjacent to

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ORDINARY MEETING                                      23 NOVEMBER 2009

   Calder Park Drive, which will ultimately be duplicated and declared as a main
   road in the future under VicRoads Access Management Policy 2006. The
   policies also encourage the provision of open space within walking distance to
   residents and the location of open space and recreation facilities to maximise
   surveillance and direct public access.     While the proposal is to use and
   develop the subject land for a Youth and Community Centre, this will be located
   towards the front of the subject land (Calder Park Drive frontage) and will
   occupy only a small portion of the land. The remainder of the subject land will
   be used and developed for open space purposes within walking distance to
   residents in Omarama Way, Kingston Street and Eloura Circuit and include
   multiple purpose sports grounds and associated sporting pavilion, playground
   equipment, pergola and BBQ areas.

   The subject land is surrounded by a recently established residential estate
   (Taylors Hill), which currently comprises single and double storey detached
   dwellings, medium density development (single and double storey attached
   dwellings), a retirement village comprising single storey residential dwellings
   and associated facilities and a future residential subdivision on the adjoining
   land to the north comprising 45 lots (approved under Planning Permit
   PA2009/2226).

   The proposal is consistent with the purpose of the Residential 1 Zone and the
   objectives of the Melton East Strategy Plan as it will encourage recreational
   and community uses to serve local community needs.               The strategy plan
   identifies the need to cluster appropriate community services and facilities to
   ensure convenience for residents, co-ordination and cost efficiencies. It also
   encourages the provision of multi purpose community facilities including
   office/consulting room for health services, community meeting rooms, office
   space, storage areas, kitchen facilities, toilet facilities and secure outdoor play
   area with appropriate equipment for school age children (e.g. playground).
   The strategy also supports the need to provide a youth centre building offering
   a range of activities, information and specialist services for young people and is
   complementary to any sporting and commercial recreation facilities developed
   for young people. The plan encourages the location of these facilities on a
   major public transport route and close to other areas or facilities that young
   people use such as retail/activity centres. The proposed Youth and Community
   Centre will be located on Calder Park Drive, which will be duplicated and
   become a declared main road under VicRoads Access Management Policy
   2006.     The proposed centre will also be located in proximity to a future
   neighbourhood shopping centre on the corner of Calder Park Drive and Taylors
   Road as part of Amendment C64 to the Melton Planning Scheme. The
   amendment was submitted to the Department of Planning and Community
   Development (DPCD) for approval on 6 October 2009 and will be gazetted by
   DPCD on 29 October 2009.

   The proposed use and development of the land is generally in accordance with
   the approved development plan (DP2001/009) as it includes provision for a
   local park with associated facilities (multi purpose sporting grounds, pergola,
   BBQ areas, and playground) while also enabling the land to be used for
   community purposes to provide a range of programs and services to meet the

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ORDINARY MEETING                                       23 NOVEMBER 2009

   needs of local residents and the community in the Melton East Growth Area
   including internet access, youth and community programs and social activities.

   The proposed use and development is also generally consistent with the
   Section 173 Agreement and Development Contributions Agreement for the
   Watervale Estate that applies to the subject land.           The development
   contributions agreement outlines requirements for roads, open space and
   community facilities/services as part of the Watervale Estate. The agreement
   includes neighbourhood playing fields and a local level community facility.

   The hours of operation for the proposal are generally acceptable. However,
   given the proximity of the proposed centre to existing residential areas, it is
   considered that the closing hours (12am) on Friday and Saturday nights is
   excessive and likely to result in an adverse impact on the amenity of these
   properties. It is recommended that the closing hours for Fridays and Saturday
   nights be modified to 11pm. This can be requested as a condition should
   Council resolve to approve the proposal.

   A total of 118 car spaces (including 4 car spaces for people with a disability)
   are provided on the subject land for the proposed use and development. All
   car parking spaces provided are 90 degree angled spaces and will be located
   in proximity to the proposed building on the northern side of the subject site,
   away from the existing residential area.

   The total floor area to be occupied by the proposed youth and community
   centre is 476 square metres (excluding amenities). Based on the standard car
   parking ratio for Place of Assembly (0.3 spaces per square metre of floor area),
   a total of 143 car spaces are required for the proposed use.

   The proposal has a shortfall of 25 car spaces. The applicant has submitted a
   traffic report advising that a total of 110 car spaces are required for the
   proposed use and development based on characterising it as a combination of
   Place of Assembly (incl. community rooms, band room and youth lounge)
   requiring a total of 88 spaces (based on 0.3 car spaces per floor area for a total
   area of 292 square metres), education centre (community learning and
   community training) requiring 16 car spaces at a rate of 0.6 spaces per student
   (based on 27 seats) and office (incl. reception, small offices and internet)
   requiring 6 spaces at a rate of 3.5 spaces per 100 square metres of floor area
   (based on a floor area of 161.5 square metres). This assessment is arguable
   as the education and office cannot be considered as separate uses as they are
   all located under the one building and are actually ancillary to the predominant
   use (Place of Assembly) of the building.

   However, it is considered that applying the standard car parking ratio to the
   proposal is excessive in this instance, particularly given that the use will only be
   employing ten staff. The traffic assessment report indicates that the majority of
   trips to and from the proposed centre will be pick up and drop off meaning that
   the use is likely to generate a high turnover of vehicles. As a result, a reduction
   of 25 car spaces is considered appropriate as the amount of car parking shown


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ORDINARY MEETING                                     23 NOVEMBER 2009

   on the plans submitted with the application is sufficient for the proposed use
   and development.

   The grounds of objection are acknowledged. While the subject land has been
   nominated as a local park in the approved development plan, it is considered
   that the proposal is generally in accordance with the approved development
   plan as the plan shows that the majority of the subject land will be used for
   open space purposes including multi purpose sporting grounds, a sports
   pavilion, playground equipment, pergola and BBQ areas.

   The proposal is also unlikely to adversely impact on the amenity of the recently
   established residential estate (Taylors Hill) surrounding the subject land in
   terms of traffic, noise and parking. A number of amendments have been made
   to the initial plans submitted with the application in response to the concerns
   raised by the objectors. These amendments include the relocation of all car
   parking areas from the southern side to the northern side of the proposed
   building (away from the existing residences in Omarama Way and Kingston
   Street) and removal of the second vehicle crossover on Calder Park Drive.
   The area on the southern side of the proposed building will now be developed
   with a playground, undercover area (pergola) and BBQ facilities.


   The proposal is likely to create minimal traffic and parking problems for
   residents in Omarama Way as there is no direct vehicle access from Calder
   Park Drive to Omarama Way. Therefore, it is likely that people visiting the
   subject land and proposed youth and community centre will utilise the proposed
   vehicle access on Calder Park Drive and car parking on the northern side of the
   proposed building rather than using George Street (approximately 260 metres
   south of the subject site) and parking vehicles in Omarama Way.            Any
   concerns about vehicles parking in Omarama Way to access the subject land
   could be addressed by residents lodging a separate request with Council‟s
   Engineering Department to install no standing/parking signs along either one or
   both sides of Omarama Way. Alternatively, a condition could be placed on the
   permit requiring no standing/parking signs to be installed along both sides of
   Omarama Way should Council resolve to approve the proposal.

   Objectors Concerns

      The proposal will create traffic, parking and safety problems along
       Omarama Way and block vehicle access to properties for residents living in
       Omarama Way and Kingston Street.

   The proposal is unlikely to cause any traffic, parking and safety problems along
   Omarama Way. The only vehicle access point for all vehicles will be via the
   proposed vehicle crossover (single exit and entry) on Calder Park Drive at the
   north east corner of the subject land. There will be no direct vehicle access to
   the subject land from Omarama Way. In addition, the existing road network
   layout has been designed to ensure that there is no direct vehicle access from
   Calder Park Drive into Omarama Way.           The only way vehicles can access
   Omarama Way from Calder Park Drive is to travel further south (approximately

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ORDINARY MEETING                                     23 NOVEMBER 2009

   260 metres) and turn right at George Street and turn right again at Clarence
   Way. As this is not considered to be safe, efficient or convenient vehicle
   access, it is likely that the majority of vehicles will use the vehicle crossover
   provided on Calder Park Drive and the car park on the northern of the proposed
   building to access the subject land.

   As mentioned above, concerns raised by residents regarding vehicles being
   parked in Omarama Way and blocking vehicle access for residents living in this
   street can be addressed separately through a formal request to Council‟s
   Engineering Services to install no standing/parking signs along Omarama Way
   or alternatively as a condition of the planning permit should Council resolve to
   approve the proposed use and development.

   The applicant has submitted a traffic impact assessment report to address the
   traffic and car parking impacts likely to result from the proposal. The report
   advises that the proposal will not cause any detrimental impacts on the
   surrounding road network and that the number of car parking spaces provided
   on site satisfies the relevant ratio and requirements outlined under the Melton
   Planning Scheme.

      The proposed use and development does not fit with the expectations of a
       local park.

   The proposal is generally consistent with the approved development plan
   (DP2001/009), which nominates the use of the subject site for a local park.
   The plans show provision of playground equipment, BBQ facilities and a
   covered area (pergola) on the southern side of the subject site. The majority of
   the subject land will be occupied by open space and recreation facilities that
   are consistent with those found at a local park including multiple purpose sports
   fields, sports pavilion and youth activity zone (details yet to be determined).

   The proposal is consistent with the relevant state and local planning policies
   (including Council‟s MSS), which encourages location of appropriate
   community facilities around major intersections and near open space, maximise
   surveillance and direct public access to open space and recreation facilities and
   need to cluster appropriate community services and facilities to ensure
   convenience for residents, co-ordination and cost efficiencies.

      The proposed community centre will attract alcohol, drugs, violence,
       vandalism, hoons and garbage.

   The concerns raised by the objectors that the subject site will attract illegal
   activities and anti social behaviour is unfounded. The proposed youth and
   community centre will provide a range of programs, services and facilities for
   young people and the local community including internet access, community
   meeting space, music rooms, information and other services. The proposed
   youth and community centre will encourage young people and the local
   community to participate in these programs and services in a supervised
   environment to ensure that any illegal activities or anti social behaviour are
   minimised.

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ORDINARY MEETING                                      23 NOVEMBER 2009

        Noise and pollution.

     The proposal is unlikely to cause any adverse impacts on adjacent and
     surrounding properties in terms of noise and pollution. The main car park area
     was previously located on the southern side of the proposed building and has
     now been relocated to the northern side away from the existing residents in
     Omarama Way and adjacent to a future commercial site on the corner of Calder
     Park Drive and Omarama Way. The second vehicle crossover proposed on
     Calder Park Drive on the southern side of the proposed building has also been
     removed. The area between the proposed building and the southern boundary
     of the subject site will now contain playground equipment, BBQ facilities, a
     covered area (pergola) and landscaping.

     However, Council does have concerns in relation to the hours of operation for
     the proposed use particularly on Friday and Saturday nights.             It is
     recommended that the closing hours for Fridays and Saturday nights be
     modified to 11pm. This can be requested as a condition should Council resolve
     to approve the proposal.

        Vehicle access to the development requires access from Calder Park Drive
         across double lines and would be very dangerous.

     The application has been referred to Council‟s Engineering Department and
     VicRoads, who did not raise any objections to the proposed location of the
     vehicle access arrangements on Calder Park Drive. VicRoads has requested
     conditions being placed on the planning permit including restricting vehicle
     access onto Calder Park Drive to one access point only for the proposed
     development. The second vehicle crossover onto Calder Park Drive previously
     shown on the plans has been removed with only one vehicle access point to
     the proposed use and development on Calder Park Drive at the north-east
     corner of the site.

        Loss of property values.

     This ground cannot be substantiated as it is not a valid planning consideration
     under the Planning and Environment Act 1987.

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

7.   Conclusion
     The proposal satisfies the relevant requirements of the Melton Planning
     Scheme in relation to the State and Local Planning Policy Framework (including
     Council‟s Municipal Strategic Statement, Council‟s Residential Land Use Policy
     and Council‟s Recreation and Open Space Networks Policy) and the Melton
     East Strategy Plan. The proposal is also consistent with the purpose of the
     Residential 1 Zone.

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   The proposal will also enable an appropriate use and development of Council
   land to provide programs, services and facilities to meet the needs of young
   people in Melton East and benefit the wider community. The car parking and
   vehicle access arrangements for the proposed use and development are
   adequate and will allow safe and convenient vehicle movements to, from and
   within the subject land. The proposal is unlikely to cause any material
   detriment to adjacent and surrounding properties in terms of traffic, car parking,
   noise, pollution, anti social behaviour and illegal activities.

   Therefore, it is recommended that the application be approved subject to
   conditions.




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ORDINARY MEETING                                        23 NOVEMBER 2009

                                                            Rodney Thomas
ITEM NO 7



          VICTORIAN GOVERNMENT’S SUSTAINABILITY ACCORD
PURPOSE OF REPORT:
To inform Council of the Victorian Governments Sustainability Accord and to
recommend that Council becoming a signatory to the Accord.



RECOMMENDATION:
That Council:
     1. Agree to join the Victorian Local Sustainability Accord and commits to the
        principles of the Accord; and
     2. Endorse the signing of the Accord between the State Government,
        represented by the Minister for Environment, and Melton Shire Council,
        represented by The Mayor and Chief Executive Officer



REPORT
1.    Background
      The Victorian Local Sustainability Accord is a landmark partnership agreement
      between the Victorian State Government and local governments on
      environmental sustainability.

      The Accord aims to strengthen cooperative efforts between state and local
      governments in the delivery of both local and state sustainability objectives of
      “Our Environment, Our Future: Victoria‟s Environmental Sustainability
      Framework.” It also provides a mechanism for resolving issues of responsibility
      and for improving communication between state and local government sectors.

      In summary, the Accord aims to:

         Enhance support for strategic projects
         Strengthen inter-governmental dialogue
         Build the capacity of local governments, individually and through regional
          arrangements.

      To date the Accord has established:

         A formal strategic direction for Victorian Government commitments to local
          government through the Sustainability Fund, linking the Fund more
          strategically to local capacity issues and the delivery of agreed local
          sustainability objectives

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ORDINARY MEETING                                            23 NOVEMBER 2009


         An opportunity for regional consideration of local priorities and issues
          through various networks such as the Regional Managers Forums
          established by the Department for Victorian Communities, regional
          greenhouse alliances and other regional networks

         A state-wide Local Sustainability Advisory Committee to engage the
          Minister for Environment and Climate Change and resolve issues between
          local governments and the State Government

         Strategic learning and information exchange networks, which build on and
          support existing successful networks

     In agreeing to sign up to the Accord Council will be required to commit to the
     principles of the Accord by working with the State Government to:

         Build a common agenda through dialogue and partnerships on key policies,
          legislative proposals and significant programs;

         Establish shared local goals and priorities;

         Develop joint approaches to long term strategic resource allocation and
          funding;

         Pursue alignment and cooperation in the service delivery of relevant
          environmental sustainability initiatives; and

         Improve procedures for regular, effective evaluation and review

2.   Council Plan Reference and Policy Reference
     The relevant section of the Shire of Melton Council Plan 2009 – 2013 is as
     follows:

     Environment
     2. Protecting and enhancing our environment
         2.1    Encourage and promote sustainable living
         2.2    Protect and enhance our natural environment and cultural heritage
         2.3    Enhance the quality of urban and natural environments
         2.4     Provide services   and    infrastructure    that   are   environmentally
               sustainable


3.   Financial Considerations
     No Council funds are required to become a signatory to the Accord. By signing
     the Accord Council is eligible to apply for significant State government funding
     which is allocated through the Accord.


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4.   Consultation/Public Submissions
     Not applicable

5.   Issues

     Commitments
     By joining the Accord, council is committing to the Accord principles and to an
     implementation process in conjunction with DSE, which includes the following
     key action areas:

           Developing a short Local Environmental Sustainability Priority Statement
            for the municipality
           Developing an approach for utilising the Priority Statement for a variety
            of local and regional purposes
           Using the Priority Statement to inform stakeholder engagement,
            establishment of partnership projects and opportunities to access Accord
            funding

     Funding
     The Accord is supported by an allocation of up to $5 million from the
     Sustainability Fund for projects that arise out of the implementation of Accord
     actions such as the development of the Local Environmental Sustainability
     Priority Statements. By signing the Accord Council is eligible to apply for funds
     for a range of environmental projects.

     Examples of Accord funded projects include;

           $60,000 Ararat Shire Council in partnership with North Grampians Shire
            Council and the Grampians Regional Waste Management Group will
            commission a feasibility study into a small scale multi-feedstock bio-
            energy plant.

           $250,000 for Ballarat Rural City Council to lead the Central Highlands
            Regions in responding to climate change threats to biodiversity with a
            community engagement model. Ballarat will lead a project that will
            develop a community engagement / behaviour change model to
            encourage the public to make choices that consider climate change and
            biodiversity management prior to making planning applications.

           $90,000 to Yarra Ranges Shire council in partnership with the Eastern
            Alliance for Greenhouse Action (EAGA) to investigate council
            responsibilities for bushland management and climate change.

6.   Options
     Council has the option to either become a signatory to the Sustainability Accord
     or decline to become a signatory. The effect of declining to become a signatory
     to the accord will mean that we continue to be excluded from seeking support

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     through the accord and this includes liaising with like minded Councils and
     access to this stream of funding.

7.   Conclusion
     The Accord provides an opportunity to liaise with state government on
     environment issues and allows signatories to apply for significant state
     government funding to implement local projects.

     The Accord provides Council with the ability to work with other local
     governments across the state to implement best practice sustainability
     initiatives.




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ORDINARY MEETING                                          23 NOVEMBER 2009
                                                          Tony Ball / jh
 ITEM NO 8




     ANTI VIOLENCE INFORMATION KIT NOTICE OF MOTION NO 224

PURPOSE OF REPORT:
Council resolved to explore the options of developing an Anti Violence Information
Kit for distribution through community groups, clubs and networks. This report
provides information on options in relation to this resolution.



RECOMMENDATION:
That Council:
1.     Approve expenditure for the development and distribution of information
       outlined in Appendix 1 to community and sporting clubs currently known to
       Council and make additional kits available for new groups as they emerge.
2.     Distribute fridge magnets to all students through schools within the
       municipality.




REPORT
1.    Background
      Council resolved at its 14th September 2009 meeting to endorse Notice of
      Motion Number 224 which read;

      “That Council, in conjunction with the Police, create an anti-violence information
      kit. The kit to provide tools to promote that violence will not be tolerated in any
      circumstance and that we can all have an influence. The kit will also include
      contacts for assistance where violence is identified as a problem. The kit
      subject to a report back to Council outlining funding considerations is to be
      circulated by Melton Shire Council to all organisations listed within its
      Community Directory; social, recreation and business, as a means of creating
      the widest influence across our community”.

      Council is currently undertaking a review of Councils Community Safety Plan in
      partnership with Police, community agencies and the broader community. The
      inclusion of proactive information campaigns will be considered in the
      development of the plan, however early consultation is clearly indicating that
      this type of campaign would be well received within the Melton community.



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     A significant body of evidence exists in relation to crime and violence
     prevention that has been developed both at a State and Federal level.
     Numerous campaigns have been undertaken and a number of community
     safety and violence prevention strategies and community plan templates exist
     that will be considered as part of the Councils Community Safety Plan.

2.   Council Plan Reference and Policy Reference
     Community Health and Wellbeing,
     Leadership and Community Engagement

3.   Financial Considerations
     The cost of fridge magnets is $6,190 for 30,000 units.
     The cost of posters is $990 for 2,000 units.

4.   Consultation / Public Submissions
     The distribution of the kit will include a detailed information handout and be
     accompanied by a media release.

     As indicated earlier in the report, Council is undertaking a review of its
     Community Safety Plan. Council also participates actively with the Police and
     Community Consultative Committee and a Family Violence Working Party
     involving members of the Police and other service agencies.

     These groups have undertaken various campaigns around community safety
     issues including family violence. The motion as resolved by Council is
     consistent with the themes of the work of these groups and the work of
     Councils current Community Safety Plan.

5.   Issues
     The implementation of the Anti Violence Campaign is consistent with messages
     Council has supported through its current involvement with community groups
     and Police. The action is consistent with Councils current Community Safety
     Plan.

     There is some limitation with the capacity to follow up with groups to ensure
     that the information is well publicised, however every effort will be made to work
     with Police to see the roll out of this information where possible followed up by
     a visit through Police Community Liaison Officers with support from Council
     where possible.

     A sample list is attached as Appendix 1.

6.   Options
          Council could choose not to proceed with the campaign at this stage.


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           Billboards could be added at sporting venues and reserves as a second
            stage of this campaign.

7.   Conclusion
     A motion of Anti Violence message presents a strong stance supporting
     Council in the implementation of its Council Plan and reflecting the values that it
     wishes to achieve for the community.

     The provision of information and anti violence messages will ensure this issue
     remains high in people‟s awareness on a day-to-day basis.




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ORDINARY MEETING                                      23 NOVEMBER 2009

                                                          Steve Finlay
 ITEM NO 9




       PLANNING APPLICATION PA2009/2344 – TWO (2) LOT
                        SUBDIVISION

PURPOSE OF REPORT:
To consider a planning application for two (2) lot subdivision of land at 627-703
Plumpton Road, Plumpton.



RECOMMENDATION:
That Council issue a Notice of Refusal to Grant a Permit for the above proposal on
the following grounds:
1.    The proposal is inconsistent with the objectives of the Green Wedge Zone at
      Clause 35.04 of the Melton Planning Scheme;
2.    The proposal is inconsistent with the State Agriculture Policy located at
      Clause 17.05 of the Melton Planning Scheme, as the subdivision will fragment
      rural land that could be used for agricultural purposes, and will negatively
      impact on adjacent land that is used for agricultural purposes;
3.    The proposal is inconsistent with the State Environment Policies of the Melton
      Planning Scheme, and in particular, those polices related to the Conservation
      of Native Flora and Fauna (Clause 15.09).
4.    The proposal is inconsistent with the Shire of Melton‟s‟ Sustainable
      Environment Policy at Clause 22.02 and the Rural Land Use Policy located at
      Clause 22.08 of the Melton Planning Scheme.
5.    The proposal is inconsistent with the objectives of managing metropolitan
      growth at Clause 12.02 of the Melton Planning Scheme, and in particular
      those aspects related to the protection of the Green Wedges from
      inappropriate development.


REPORT
1.   Background
     Executive Summary
           Application No.:       PA2009/2344/1
           Applicant:             Anthony Ford & Associates on behalf of the Mr. S.
                                  Kitanovski



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ORDINARY MEETING                                       23 NOVEMBER 2009

      It is proposed to subdivide the subject land, which is currently 57.87ha in
       area into two (2) lots, with the size of the lots created by the subdivision
       comprising one (1) primary lot of 52.87ha and one (1) secondary lot of
       5.0ha.
      The site is within the Green Wedge Zone and affected by the Melbourne
       Airport Environs Overlay (Schedule 2) under the jurisdiction of the Melton
       Planning Scheme.
      No objections have been received in relation to the application.
      Councils‟ Environmental Services Department has advised that the
       property contains native grassland, which may potentially contain the
       critically endangered Golden Sun Moth. An Environmental Management
       Plan for the property would be required prior to a plan of subdivision being
       certified to ensure that any future use and development on the land takes
       into consideration environmental issues.
      Western Water has advised that the land should be serviced with
       reticulated water, which will require a 1.8 kilometre water main extension at
       a minimum estimated cost of $216,000;
      The land is also within the alignment of the future Outer Metropolitan Ring
       Transport Corridor. Despite this, VicRoads has not objected to the
       proposal.
      The subdivision will result in further fragmentation of rural land that is not
       supported by relevant Green Wedge protection policies.
      The proposal is not considered to meet the relevant requirements of the
       Council‟s Planning Scheme.
      Refusal of the application is recommended.

   The Land and Surrounding Area
   The subject site has an area of 57.87 hectares and is located at Lot 2 on
   LP134619, number 627-703 Plumpton Road, Plumpton. Other features of the
   site are as follows:

      The site is rectangular in shape;
      The land contains an existing single storey dwelling located approximately
       270 metres from Plumpton Road
      There are two existing drainage lines that traverse the property, with one
       virtually splitting the property in two and runs through the middle of the site,
       and the second located along the eastern boundary of the site. There are
       also two dams located on the property, which form part of the drainage line
       that runs through the middle of the property.
      Access to the site is via Plumpton Road;
      The land does not appear to be currently used for agricultural purposes.

   The surrounding area can be characterised as rural, with land used for grazing
   or cropping purposes. There are other large rural holdings in the locality that
   also appear not to be grazed or cropped. A materials recycling depot and
   refuse transfer station is currently under construction on land to the south-west
   of the site.

   Refer to Appendix 1 for a locality plan

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   The Application
   The application involves the subdivision of the land into two lots by using the
   N=A/20 formula as outlined in the Schedule to the Green Wedge Zone, where
   N= the number of lots that can be created by subdividing the area of land (A) by
   20.

   In this case, the 57.87 hectare parcel of land is to be subdivided into two lots,
   with the „primary‟ lot to be 52.87 hectares and the smaller „secondary‟ lot to be
   5.0 hectares.

   The applicant has advised that the purpose of the subdivision is to enable the
   „primary‟ lot to be used for agricultural purposes, with the applicant also
   advising that the land is currently used for hobby farming purposes, whilst the
   „secondary‟ lot will also potentially be used for agricultural purposes.

   Refer to Appendix 2 for plans of the proposal

   Planning Controls

   Zoning
   The land is within the Green Wedge Zone and is affected by the Melbourne
   Airport Environs Overlay control (Schedule 2).

   Under the Green Wedge Zone provisions, a permit is required for the two (2) lot
   subdivision of the land, using the formula N=A/20 as outlined earlier in this
   report. The purposes of the Green Wedge Zone include the need to:

      Implement the State and Local Planning Policy Frameworks, including the
       Municipal Strategic Statement and local planning policies;
      To recognise, protect and conserve green wedge land for its‟ agricultural,
       environmental, historic, landscape, recreational and tourism opportunities,
       and mineral and stone resources;
      To encourage use and development that is consistent with sustainable land
       management practices;
      To encourage sustainable farming activities and provide opportunity for a
       variety of productive agricultural uses;
      To protect, conserve and enhance the cultural heritage significance and the
       character of open rural and scenic non-urban landscapes;
      To protect and enhance the biodiversity of the area.

   It is considered that the proposal does not satisfy the objectives of the Green
   Wedge Zone, as the subdivision will lead to the diminution of land that could be
   used for agricultural purposes, and the subdivision has the potential to
   adversely impact on native vegetation on the site.

   Overlay Controls


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   The Melbourne Airport Environs Overlay control area does not affect the site of
   the proposed secondary lot although it does affect the south-eastern portion of
   the subject land. The purpose of this overlay control is to limit use and
   development of land that is affected by exposure to aircraft noise, and to limit
   the number of people residing in an area that is likely to be subjected to aircraft
   noise. Despite this proposal being a subdivision, it is likely that the secondary
   lot will eventually have a dwelling upon it. It is noted that Melbourne Airport
   have not objected to the application.

   State Planning Policy Framework
   The following State policies are relevant to this proposal:

      Clause 12.02- Better Management of Metropolitan growth;
      Clause 15.09 – Conservation of native flora and fauna;
      Clause 17.05 – Agriculture;
      Clause 18.01 – Declared highways, railways and tramways;
      Clause 18.04 – Airfields;
      Clause 19.01 – Subdivision;

   In summary, these policies encourage appropriate use and development of
   land that balances relevant social, economic and environmental principles. It is
   considered that the proposal does not satisfy the above policies. The proposal
   will result in the fragmentation of Green Wedge land and will result in the
   creation of a 5-hectare allotment that is unlikely to be used for agriculture. In
   addition, given that the land has been identified as having significant native
   vegetation on the site, the further subdivision of the land could compromise the
   protection of this vegetation. The proposal will also have an adverse impact on
   agricultural land. The land is also located on the alignment of the future Outer
   Metropolitan Ring Transport Corridor. VicRoads has not objected to the
   proposal, but have stated that Council should take into account Clause 18.01 of
   the Melton Planning Scheme that requires that new use or development of land
   near existing or proposed transport routes should be planned or regulated to
   avoid detriment to the transport route in the short and long term.

   Local Planning Policy Framework
   The following Local policies are relevant to this proposal:

      Clause 21.03-2 – Planning objectives;
      Clause 21.04-5 – Mt. Kororoit Hills and Plains;
      Clause 22.02 – A Sustainable Environment;
      Clause 22.08 – Rural Land use;

   In summary, the proposal is not consistent with any of the above aspects of the
   local planning policy framework. The Municipal Strategic Statement (MSS)
   locates the subject land within the Mt. Kororoit Hills and Plains land unit, which
   has its‟ objective in protecting the Melbourne Airport Environs, and agricultural
   land from inappropriate use and development. There is no demonstrable
   agricultural land use occurring on the subject land at present, and any

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     reference to associating the proposal with an agricultural land use can be
     described as tokenistic, at best.

     The Local Planning Policy for A Sustainable Environment (Clause 22.02) aims
     to protect and conserve the environmental resources and assets of the Shire
     for the benefit of current and future communities. Given that the land contains
     significant native grassland that potentially provides habitat for the critically
     endangered Golden Sun Moth, the flora and fauna habitat values that will be
     impacted upon by the subdivision renders the proposal inconsistent with this
     policy.

     Similarly, the Rural Land Use Policy (Clause 22.08) is also not satisfied as the
     proposal will result in the loss of agricultural land, and will more than likely
     result in a rural living land use rather than any productive agricultural pursuit.
     The subdivision has the potential to negatively impact upon existing agricultural
     pursuits in the locality through conflicts in land use. The Rural Land Use Policy
     also requires each secondary lot to be created to be connected to reticulated
     water and the municipal sealed road network. Western Water has advised that
     a water main extension of approximately 1.8 kilometres will be required to
     service the land at an estimated cost of $216,000. This is an approximate cost
     only and is based on an estimated cost of $120 per metre, and does not factor
     in extra costs associated with site conditions encountered during construction,
     such as rock.

2.   Council Plan Reference and Policy Reference
     The Shire of Melton Council Plan 2009-2013 refers to the need to:

     Environment
     2. Protecting and enhancing our environment
      2.1 Encourage and promote sustainable living
      2.3 Enhance the quality of urban and natural environments

     Managing Growth
     4. Ensuring our fast growth is well planned and managed, and Council‟s
        physical assets are well maintained.
       4.4 Provide access to quality infrastructure and services.

     Whilst the subdivision will lead to the creation of only one (1) additional
     allotment, the issues surrounding flora and fauna values on the site, and the
     need to provide a 1.8 kilometre extension to an existing water main to provide
     reticulated water render the proposal inconsistent with the Council Plan. Even if
     the permit applicant accepts the need to provide reticulated water to the
     subdivision, this has to be balanced against the impacts of the proposal on the
     natural and built environment and cost of providing the additional quality
     infrastructure and services to accommodate the proposal.

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

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4.   Consultation/Public Submissions
     Public notification of the application
     The application was required to be advertised by sending mail to adjoining
     landowners. The advertising was satisfactorily completed and no objections
     were received in relation to the application.

     Referral of the application
     Internal
     Engineering                 No objections to the proposal subject to
     Department                  conditions requiring the need to provide a vehicle
                                 crossover to each lot, and requiring reinstatement
                                 of any existing infrastructure affected by
                                 subdivisional works.
     Environmental               Advised that the property contains native
     Services                    grassland that may contain critically endangered
     Department                  Golden Sun Moth. No objections to the permit
                                 being issued, but will require an Environmental
                                 Management Plan for the property to ensure that
                                 any future use and development on the land takes
                                 into account environmental issues. Ongoing
                                 implementation of an Environmental Management
                                 Plan to form part of a Section 173 Agreement for
                                 the property.

     External
     Melbourne Airport             No objections and no conditions.
     Western Water                 No objections to the subdivision, but require the
                                   land to be provided with reticulated water. This will
                                   require a 1.8 kilometre extension to an existing
                                   water main at a minimum estimated cost of
                                   $216,000.
     Vicroads                      No objections and no conditions, despite being on
                                   land affected by the future Outer Metropolitan
                                   Ring Transport Corridor.

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

     It is considered that the proposal is inconsistent with the relevant State and
     Local planning policies. This is because the proposed subdivision will result in
     the creation of an additional allotment in the Green Wedge, which is unlikely to
     be used for agricultural purposes. This will then have the potential to negatively
     impact on existing agricultural land use in the vicinity of the site. In addition,

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     Councils‟ Environmental Services Department has indicated that there are
     significant flora and fauna and habitat values on the land that must be
     addressed.

     Despite the land having access to a sealed road network, as Councils‟ Rural
     Land Use Policy suggests, there is a significant cost to be borne by the
     applicant for providing reticulated water services to the subdivision, which is
     also required by the Rural Land Use Policy for subdivisions of this type. There
     is now greater policy support at the State and Local Policy level to protect
     green wedge areas from inappropriate proposals. Council should not be seen
     to be supporting applications that will result in the further fragmentation of the
     green wedge, and which is contrary to the protection of the green wedge areas.

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

7.   Conclusion
     The application has been assessed against the State Planning Policy
     Framework, Local Planning Policy Framework, Zone / Overlay provisions and
     Clause 65 of the Melton Planning Scheme.

     It is considered that the proposal does not comply with the relevant
     requirements of the Planning Scheme.

     Therefore, it is recommended that the application be refused.




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ORDINARY MEETING                                       23 NOVEMBER 2009
                                                           Janelle McCallum
ITEM NO 10




            MELTON PLANNING SCHEME AMENDMENT – C87

PURPOSE OF REPORT:
To consider the adoption and approval of Amendment C87 to the Melton Planning
Scheme, to rezone 9-12 Federation Way, Caroline Springs from a Residential 1
Zone to a Business 1 Zone and to amend the Schedule to the Business 1 Zone.



RECOMMENDATION:
That Council:
     1. Adopt Amendment C87 generally in accordance with Appendix 1, subject to
        payment of the outstanding contribution towards the construction of car
        parking at the Brookside Centre.
     2. Submit the Amendment documentation to the Secretary of the Department of
        Planning and Community Development for Certification.
     3. Subject to receiving Certification, Council authorises the Chief Executive
        Officer to approve Amendment C87 on behalf of Council.




REPORT
1.    Background
      Executive Summary
      No. 9-12 Federation Way, Caroline Springs is known as the Brookside Centre,
      which is a neighbourhood activity centre. The Brookside Centre comprises a
      mixture of retail and office uses.

      SMEC Urban, who act on behalf of Delfin Lend Lease/Makcorp Property Group
      Pty Ltd, lodged an application seeking an amendment to the Melton Planning
      Scheme to rezone the subject site from a Residential 1 Zone (R1Z) to a
      Business 1 Zone (B1Z). This was to ensure that the zoning of the site more
      accurately reflects the uses that occur on the site.

      Due to the „correctional‟ nature of the amendment, Council sought authorisation
      from the Minister for Planning to prepare the amendment with an exemption
      from the requirements of sections 19(2) and 19(3) of the Act. This was
      approved by delegation from the Minister for Planning in accordance with
      section 8A(3) of the Planning and Environment Act 1987. As a result, Council

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   was only required to notify the prescribed Ministers pursuant to Section 19(1)(c)
   of the Act and Regulation 8 of the Planning and Environment Regulations 2005
   for a minimum of two weeks. One submission was received, with no objection
   to the amendment.

   Furthermore, under delegation from the Minister for Planning, Council was
   authorised to approve the amendment under section 35(B) of the Act.

   It is considered that the proposal accords with the Melton Planning Scheme,
   Melbourne 2030 and the Strategic Assessment Guidelines for Planning
   Scheme Amendments.

   It is recommended that Council adopt and approve Amendment C87 in
   accordance the requirements of the Planning and Environment Act 1987.

   The Amendment
   The amendment seeks to rezone the site No.9-12 Federation Way, Caroline
   Springs from a Residential 1 Zone (R1Z) to a Business 1 Zone (B1Z) and to
   amend the schedule to the Business 1 Zone by adding reference to the subject
   site and placing a restriction on the amount of shop, office and trade supplies
   floor area permitted on the site. The restriction reflects the current floor space
   on the site, and therefore does not provide for an intensification of use.

   The Business 1 Zone is considered the most appropriate zone for the site as it
   ensures that the retail function of the site is recognised, and provides certainty
   that the retail or office use within the centre will continue in the future.

   Before the request of authorisation from the Minister, Smec Urban on behalf of
   Delfin Lend Lease wrote to the schools abutting the subject site including
   Mowbray College, Christ the Priest Catholic Primary School and Caroline
   Springs College to advise them of the proposed amendment and invited them
   to provide written support or raise any concerns with the rezoning of the retail
   centre. No objections were received by Smec Urban or Council in response to
   the letter.

   The Site
   The amendment applies to No. 9-12 Federation Way, Caroline Springs (Lot
   1023 PS 415839Y). The site is a regular shaped parcel of land which forms part
   of a neighbourhood activity centre located along Caroline Springs Boulevard.
   (refer to Appendix 1 for a locality plan)

   The site has a frontage of 45 metres to Federation Way and a depth of 22
   metres. The site has a total area of 1000m² and contains a two-storey building
   comprising retail and office uses.

   The site is currently zoned Residential 1 Zone.




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2.   Council Plan Reference and Policy Reference
     The relevant section of the Shire of Melton Council Plan 2009 – 2013 is as
     follows:

     Business and Employment
     3. Increasing Business and Employment Opportunities
         3.2 Develop and support existing businesses

3.   Financial Considerations
     There are no financial implications for Council associated with the planning
     scheme amendment. Any administrative costs associated with the amendment
     will be met by the proponent.

4.   Consultation/Public Submissions
     The Planning Scheme Amendment was granted an exemption from the
     requirements of section 19(2) and 19(3) of the Act and as a result, notification
     was only required to prescribed Ministers pursuant to section 19(1)(c) of the Act
     and Regulation 8 of the Planning and Environment Regulations 2005.

     The Amendment was placed on exhibition for a period of two weeks. There
     were no objections received to the Amendment. The only submission received
     was from the office of the Minister for Environment, which indicated that the
     Minister had no objection to the amendment.

5.   Issues
     Amendment C87 is considered to be a relatively straightforward amendment to
     address an existing anomaly in Council‟s planning scheme. The site already
     features a range of retail and commercial uses, however the site is
     inappropriately still zoned „residential‟. The amendment would simply apply a
     Business 1 Zone to better reflect the existing uses on the site.

     By including a maximum floor area for shop and offices uses in the Schedule to
     the Business 1 Zone, the amendment would still require a planning permit
     before any intensification of uses on the site would be possible. Therefore, it is
     considered that the amendment raises no issues from a policy perspective.

     Car Parking

     In 2003, the Brookside retail centre was expanded though the addition of a
     number of retail premises. As part of this expansion, the developer was
     required to expand the existing car park with the addition of 12 further car
     spaces.

     Since that time the existing car park has been informally expanded through the
     addition of a gravel car park area adjacent to the Catholic Primary School.
     Council‟s capital works program includes the future formal construction of the

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     gravel car park so as to provide for more efficient and safe parking
     arrangements. Car parking at the Brookside Centre is at a premium given the
     existing education, community and retail uses, particularly during peak times.
     Whilst Council has not committed at this time to a specific time frame to
     construct the car park, it is considered to be a relatively high priority in these
     circumstances.

     The developer of the site has yet to construct the 12 spaces required under the
     approval given the likely impact Council‟s future construction of the larger car
     park area would have on these works. It would be appropriate at this time to
     seek a cash contribution from the developer for the 12 spaces, which can be
     set aside by Council for use in construction of the wider car park area. The
     cost of each parking space is approximately $6,250 and thus the contribution to
     be provided will be approximately $75,000.

6.   Options
     Council can resolve to either:

           Approve and Adopt the Amendment; or

           Abandon the Amendment.

7.   Conclusion
     The proposed amendment is consistent with State planning policy, and
     provides for appropriate land use in accordance with the Melton East Strategy
     Plan. It is recommended that Council adopt Amendment C87, submit the
     adopted amendment to the Department of Planning and Community
     Development for certification, and then upon certification approve the
     amendment, in accordance with the requirement of the Planning and
     Environment Act 1987.




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ORDINARY MEETING                                     23 NOVEMBER 2009

                                                           T. BALL
ITEM NO 11



YOUTH ADVISORY COMMITTEE PROPOSAL NOTICE OF MOTION NO
                         229

PURPOSE OF REPORT:
This report is developed in response to Notice of Motion No 229 which seeks
Council explore the development of a Youth Advisory Committee to ensure it
remains informed of issues impacting upon young people and on an ongoing basis.



RECOMMENDATION:
1. That Council adopt the proposed Terms of Reference attached as Appendix 1 of
   this report and implement a Youth Consultative Committee that meets at least
   twice per annum to discuss issues of importance for our young community.
2. That Cr Broden Borg be nominated as Chair of the Youth Consultative
   Committee.




REPORT
1.   Background
     Council resolved at its October 2009 meeting to adopt Notice of Motion 229
     which states;

     "That Council Officers investigate the development of a formal Youth Advisory
     Committee that provides a framework for informing Council of youth issues and
     meets at least twice per annum.”

     The Shire of Melton led the western region in the development of the Western
     Region Youth Charter which commits Council to consult with young people on
     all issues impacting upon the municipality. The charter establishes a process
     which has been reflected in the Terms of Reference attached to this report as
     Appendix 1.

     The proposed Youth Consultative Committee would meet at least twice per
     annum and would involve representatives from Council‟s existing Youth
     programs, all secondary schools, and community agencies targeting young
     people in the target group of 12 to 25. The proposed model would see the
     meetings operate as a mini forum providing opportunity for round table
     discussions on issues impacting upon young people both within the municipality
     and more broadly within society today. These forums chaired by a Councillor,

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     as nominated by Council, would ideally coincide with key youth consultative
     opportunities such as Youth Week.

     The advisory committee would be seen as complimenting the existing
     engagement opportunities provided through Council‟s Youth Services team,
     particularly the Youth Advisory Committee, who will participate in the
     development of the Agendas and play an active role in the operation of the
     Youth Consultative Committee.

2.   Council Plan Reference and Policy Reference
        Leadership
         Leading the organisation and the community through accountability,
         transparency and advocacy

        Community Engagement
         Fostering a well-connected and engaged community

3.   Financial Considerations
     A small operating budget for hosting of the forums of approximately $4,000 pa
     would be required on an annual basis.

4.   Consultation/Public Submissions
     The development of a Youth Advisory Committee model has not been
     canvassed with the broader community at this time however the consultative
     process undertaken in the development of the Western Region Youth Charter
     clearly indicated that young people have a high level of interest having input in
     a broad range of issues impacting upon the community. A model that reflects
     council‟s commitment to the western region youth charter and provides a
     meaningful opportunity for young people‟s voices to be heard would provide an
     ongoing consultative process for the municipality.

5.   Issues
     As indicated earlier it would be important that the Youth Consultative
     Committee model reflects the principles of the Council adopted Youth Charter
     and compliments the existing Youth Advisory Committee model.

     The inclusion of a process that allows a broad representation of our youth
     community to meet and discuss issues provides a valuable opportunity for
     Council to understand young people‟s perceptions on a broad range of
     community issues.

     As Council currently operates a Youth Advisory Committee through its Youth
     Services Section, it is considered appropriate that this new committee be titled
     „Youth Consultative Committee‟.



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6.   Options
     Council could resolve to not proceed with the Youth Advisory Committee.

7.   Conclusion
     Consultation with young people as reflected in Council‟s commitment to the
     Western Region Youth Charter provides a key vehicle to ensure the needs of
     the youth community are known at council. The proposed Youth Consultative
     Committee compliments existing processes and provides an opportunity for
     council to formally hear from young people on an ongoing basis.




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                                                             T. BALL
 ITEM NO 12



     MELTON YOUTH DRAMA GROUP PROPOSAL NOTICE OF MOTION
                           228

PURPOSE OF REPORT:
This report is prepared in response to Notice of Motion Number 228 for the
development of options for a Youth Drama Theatre Group for the Shire of Melton.



RECOMMENDATION:
1. That Council receive and note this report.
2. That the resources required for the establishment of this program be considered
   as part of the 2009-2010 budget process.




REPORT
1.    Background
      Council resolved at its 19th October 2009 meeting to endorse Notice of Motion
      Number 228 which read that;

      “That Council investigate developing a Melton Drama Group to work with young
      people to provide a forum for a Youth Theatre to occur.”

      A key issue in the operation of the proposed project is the high level of resource
      required to successfully achieve positive outcomes which, may in the longer
      term, lead to an independent theatre group being developed. However in the
      initial stages it would require intensive support and resourcing to achieve this
      outcome.

      Strong evidence suggests that community participation in the arts can offer
      significant benefits for young people‟s mental health and social connectedness
      (Vic Health, Community Participation in the Arts). Arts platforms can provide
      opportunities for personal and expression development, and encourage young
      people to explore issues that impact on their lives and their communities. Arts
      programs, such a theatre production, also offer families and community
      members an opportunity to recognise the talents and valuable contribution of
      young people to their communities.

      Few opportunities currently exist in the Melton Shire for young people to
      develop knowledge of arts related employment and recreation pathways, or to
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     develop skills in areas of the arts such as theatre craft and performance. While
     formal consultation with young people about their desire to participate in the
     arts has not yet been undertaken in the Melton Shire, anecdotally many young
     people who participate in Youth Services programs and events regularly
     express interest in developing artistic skills, such as performing (singing, acting
     and dancing), visual and media arts.

2.   Council Plan Reference and Policy Reference
        Community Health and Wellbeing
         Improving health and wellbeing for our diverse community

        Community Engagement
         Fostering a well-connected and engaged community


3.   Financial Considerations
     As discussed in the recommendations a budget new initiative for a qualified
     staff person and associated program costs is recommended for consideration
     through the 09-10 budget process.

4.   Consultation/Public Submissions

     At this stage of the process there has been no external consultation
     undertaken. Research within the youth services team and the arts community
     of the western suburbs have identified a number of groups and models
     including the Western Edge Youth Arts Group, St Martin‟s Youth Art Centre and
     the Footscray Community Arts Centre which could be considered. These
     organisations would also provide possible partners for the future
     implementation of this project subject to resources being allocated.

     Council‟s Youth Services will seek level of interest for the development of a
     youth drama group through existing programs and the Internet Cafe in order to
     assess demand in preparation for the 2010/2011 budget proposal.

5.   Issues
     Currently Council‟s Youth Services Team does not have staff capacity to
     support new community arts projects within current staff resources.

     Evidence suggests that workers who facilitate community arts program require
     specialist skills to support young people‟s participation in the arts. Training in
     community arts facilitation or community cultural development is required to
     supporting young people‟s participation in the arts.

     The development of a service partnership model with community arts
     organisations could initiate opportunities for pilot programs that engage young
     people in arts based activities.


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     Exploration of opportunities for arts based organisations that service the
     western region of Melbourne to co-locate with youth services could also sustain
     on-going initiatives for young people living in the Melton Shire.

     The key issues in a successful youth arts or community arts project is that it
     needs to be a ground up approach in order to be independently successful. As
     indicated earlier in the report, arts provide a vital community indicator of
     wellbeing and such a proposal, as outlined in the notice of motion, would
     certainly strengthen opportunities within the municipality for our young people.
     The process of facilitating the development of a group as identified is resource
     intensive.

6.   Options
        That the resources required for the establishment of this program be
         considered as part of the 2009-2010 budget process.
        Council may determine not to proceed with this initiative
        Council has the option to bring forward funds for this initiative, inclusive of
         the staff resource to the amount of $65,441 per annum.

7.   Conclusion
     Theatre and all forms of informants provide a vital cultural link with in the
     community that strengthens and enhances its wellbeing. The development of a
     youth theatre project would provide an additional positive program opportunity
     for young people across the municipality which subject to allocation of
     resources would complement existing new service opportunities within the
     Melton municipality.




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ORDINARY MEETING                                         23 NOVEMBER 2009

                                                            Cam Luong
 ITEM NO 13



 PLANNING APPLICATION PA2009/2152 – DEVELOPMENT OF THE
 LAND WITH TWO (2) SINGLE-STOREY DWELLINGS AND ONE (1)
                DOUBLE-STOREY DWELLING
PURPOSE OF REPORT:
To allow Council to consider a planning application for the development of two (2)
single-storey dwellings and one (1) double-storey dwelling at 11 Borrowdale Road,
Melton West.



RECOMMENDATION:
That Council issue a Notice of Refusal for the above proposal on the following
grounds:
1.       The intensity of development proposed is not respectful of the character of the
         developing surrounding area.

2.       The proposal displays a number of design deficiencies in terms of car parking,
         vehicular access and private open space which are symptomatic of an
         overdevelopment of the site.

3.       The intensity of development proposed is not appropriate in an area which is
         relatively remote from an activity centre or public transport.



REPORT

1.   Background
     Executive Summary
          Application No.:            PA2009/2152/1
          Applicant:                  K D Meddings

          The proposal is to construct two single-storey dwellings and one double-
           storey dwelling on the subject land.
          The site is within the Residential 1 Zone and not affected by any overlays.
          The application was publicly advertised by sending letters to surrounding
           residents and by placing a sign on the subject land. At the end of the
           advertising period six objections were received.
          The proposal is considered to not comply with the relevant requirements of
           the Council‟s Planning Scheme.
          Refusal of the application is recommended.

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   The Land and Surrounding Area
   The subject land is irregular in shape with a frontage of 20.33 metres to
   Borrowdale Road, Melton West. The subject land has an area of 820 square
   metres.

   The lot is within a developing area generally characterised by single detached
   housing. A number of medium density housing developments have also been
   approved in the area.

   Refer to Appendix 1 for a Locality Plan.

   The Application
   The proposal is to construct three dwellings on the subject land. Each of the
   dwellings will have a floor area of at least 110 square metres (which is a
   requirement of the covenant). The dwellings will be constructed with brick and
   rendered finishes and tiled roofs. A brief description of the dwellings is as
   follows:

      Unit 1 will be located to the front of the property and will be double-storey in
       height. The dwelling will be setback at least 5.45 metres from Borrowdale
       Road. The dwelling will comprise of three bedrooms and the usual
       amenities. It will have its own private driveway via a proposed crossover.
       The dwelling will be provided with two car parking spaces.

      Units 2 and 3 will be located to the rear of the property and will be single-
       storey in height. Unit 2 will comprise of two bedrooms and Unit 3 will
       comprise of three bedrooms. The dwellings will be accessed via a shared
       common accessway, which is located to the south of the subject land. The
       common accessway will also be appropriately landscaped. Unit 2 will be
       provided with one car parking space; and Unit 3 will be provided with two
       car parking spaces.

   Refer to Appendix 2 for plans of the proposal.

   Planning Controls
   The subject land is located in the Residential 1 Zone (R1Z) and is not affected
   by any overlays. Pursuant to the Zone provisions, a permit is required to
   construct two or more dwellings on a lot. A permit application must be assessed
   against relevant State and Local Planning Policies, ResCode (Clause 55), and
   the decision guidelines at Clause 65.

   The relevant State Planning Policies in the assessment of this application are:

      Metropolitan Development (Clause 12);
      Planning for Urban Settlement (Clause 14);
      Housing (Clause 16).


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   Clause 12 of the Melton Planning Scheme (Metropolitan Development) has a
   number of policy initiatives that are relevant to this application. Clause 12.01 (A
   more compact city) seeks to facilitate sustainable development that takes full
   advantage of existing settlement patterns, and investment in transport and
   communication, water and sewerage and social facilities. Amongst the
   strategies for housing are the need to locate a substantial proportion of new
   housing in or close to activity centres and other strategic development sites that
   offer good access to services and public by:

      Increasing the proportion of housing to be developed within the established
       urban area, particularly at activity centres and other strategic sites, and
       reduce the share of new dwellings in Greenfield and dispersed
       development area;
      Ensuring an adequate supply of redevelopment opportunities within the
       established urban area to reduce the pressure for fringe development;
      Ensuring housing stock matches changes housing demand by widening
       housing choice, particularly in middle and outer suburbs;
      Encourage residential development which fosters social interaction,
       community and neighbourhood and which creates a sense of place and
       identity.
      Ensuring all new development appropriately responds to its landscape,
       valued built form and cultural context.

   Clause 14 of the Melton Planning Scheme (Planning for Urban Settlement)
   states that planning should facilitate the orderly development of urban areas,
   including the encouragement of consolidation of existing urban areas in a way
   in which respects neighbourhood character, and the encouragement of higher
   densities near public transport routes.

   Clause 16.02 of the Melton Planning Scheme (Medium Density Housing)
   encourages the development of well-designed medium-density housing, which
   respects the neighbourhood character, improves housing choice, makes better
   use of existing infrastructure, and improves energy efficiency.

   Municipal Strategic Statement
   Clause 21.03-2 of Council‟s Municipal Strategic Statement (MSS) details
   Council‟s planning objectives for the Shire, with the objective relating to
   residential land use being:

      To create sustainable and liveable communities that are attractive and
       desirable place in which to live.
      To provide recreation and open space networks that cater for a variety of
       lifecycle needs.
      To develop an efficient and integrated transport infrastructure that allows
       people choice about how they move within and through the Shire.

   The MSS provides the following policy objective for the Melton Township area:


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ORDINARY MEETING                                        23 NOVEMBER 2009

     To continue to develop Melton as the Shire‟s pre-eminent civic, employment,
     education and retail centre by improvements to the town‟s employment and
     retail base and by providing a range of housing opportunities, especially in
     areas of low density and rural residential development.

     Clause 22.01 of the Melton Planning Scheme (Residential Land Use Policy)
     contains numerous policy objectives, which are relevant to the assessment of
     this application. The relevant objectives are as follows:
     To encourage the provision of a diverse range of housing options that meets
     the needs of current and future residents.
      To encourage energy efficiency in housing and subdivision designs
      To ensure new residential development is integrated with existing urban
          areas (by road, pedestrian, cycle and open space links
      To encourage residential development which fosters social interaction,
          community and neighbourhood… and which creates a sense of place and
          identity
      To provide quality affordable housing opportunities for people on low and
          moderate incomes.

2.   Council Plan Reference and Policy Reference
     The relevant section of the Shire of Melton Council Plan 2009 – 2013 is as
     follows:

     Managing Growth
     4. Ensuring our fast growth is well planned and managed, and Council‟s
     physical assets are well maintained.
        4.2 Advocate for a range of housing choices to offer lifestyle options.

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

4.   Consultation/Public Submissions
     Public notification of the application
     The application was advertised to adjoining and adjacent landowners and
     occupiers by mail and by placing a sign on the subject site. At the end of the
     advertising period, six (6) objections were received. The issue raised in the
     objection is as follows:

        Increase in noise and safety problem (vehicles parked along the narrow
         streets) associated with the increase of traffic/vehicles.
        The loss of privacy due to overlooking.
        The overshadowing of adjacent properties.
        The double-storey building height of the front dwelling would visually
         overbearing.

     Referral of the application

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          Engineering               No objections, subject to conditions           being
          Department                attached to the planning permit.

5.   Issues
     Planning Assessment
     It is acknowledged that the proposal displays a number of positive design
     outcomes and generally complies with the technical requirements of ResCode.

     Notwithstanding this, it is also generally recognised that technical compliance
     doesn‟t necessarily equate to a quality development which is respectful of the
     character, in this case, of the surrounding developing area.

     The proposed development is considered to be quite intensive, in an area
     which is relatively remote from an activity centre or public transport. In addition,
     there are a number of design concerns which cumulatively lead to the
     conclusion that the proposal is an overdevelopment of the site. These
     concerns include:

        Dwelling 2 is only provided with one car space. While this complies with
         ResCode (for a two bedroom dwelling), Council‟s experience is that these
         developing areas are very much car dependant, and therefore require a
         minimum of two car spaces.

        Dwelling 3 (the rear dwelling) is provided with two car spaces however
         these cars would have to reverse out of the site for a considerable distance.
         Again this technically complies but is not ideal in a new development.

        Dwelling 1 is only provided with 25m² of secluded private open space – in
         lieu of the 40m² normally required by Council.

        Living room windows for Dwellings 2 and 3 are not setback the minimum
         1.5m form the adjoining driveway.

     Objectors Concerns
        Increase in noise and safety problem (vehicles parked along the narrow
         streets) associated with the increase of traffic/vehicles.
         The width of the streets is sufficient to accommodate the additional traffic
         flow. The number of car parking spaces provided for each dwelling
         complies with the Standard B16 of ResCode, which specifies the car
         parking requirements for medium density developments. Although as
         mentioned above, there is a concern that only one space has been
         provided for the middle dwelling.

        The loss of privacy due to overlooking.
         The bedrooms windows located on the upper level of Dwelling 1 do not
         have direct views into existing private open space or habitable rooms.
         Therefore, overlooking is not considered to be an issue.

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        The overshadowing of adjacent properties.
         The shadow diagrams provided demonstrates that overshadowing of the
         adjoining properties would be minimal.

        The double-storey building height of the front dwelling would visually
         overbearing.
         Although, the immediate area largely contains single storey dwellings,
         double storey dwellings are considered an appropriate building style in new
         residential areas.

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

7.   Conclusion
     The application has been assessed against the State Planning Policy
     Framework, Local Planning Policy Framework, Zone provisions and Clause 65
     of the Melton Planning Scheme. It is considered that the proposal does not
     comply with the relevant requirements of the Planning Scheme.

     It is therefore recommended that the application be refused.




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ORDINARY MEETING                                       23 NOVEMBER 2009

                                                           Lynette Green
 ITEM NO 14



             MUNICIPAL PUBLIC HEALTH PLAN 2009-2013

PURPOSE OF REPORT:
This report seeks approval to amend Council‟s current Municipal Public Health Plan
(MPHP) „Health and Wellbeing in the Shire of Melton Municipal Public Health Plan
2008 - 2012‟, by an additional 12 months to reflect the new requirements of the
Victorian Health Act 1958.



RECOMMENDATION:
That Council adopt the revised Municipal Public Health Plan „Health and Wellbeing in
the Shire of Melton Municipal Public Health Plan 2009-2013‟ – refer Appendix 1.



REPORT
1.   Background
     Council adopted its current Municipal Public Health Plan 23rd June, 2008.
     Subsequent to this, the Victorian Department of Human Services (DHS) wrote
     to all Councils in Victoria, in February 2009, to advise of the new requirements
     for MPHPs. This related to amendments made to the Health Act 1958 which
     required Councils to prepare a new four year plan or amend their existing plan
     within 12 months of the last Council general elections, to meet all requirements
     under the new section 29B of the Health Act 1958.

     Council‟s MPHP was developed in line with the then proposed changes and as
     such met the requirements of the revised Act.

     Council sought and received written confirmation from the Regional Director
     North and West Metropolitan region DHS on September 8, 2009 (Appendix 2)
     that Council‟s current MPHP meets the requirements of the Act and that
     proposed amendment of the timeframe of the MPHP by one year to 2009 -2013
     is supported by the Department.

     The amended plan has been reviewed in line with the Council Plan and is
     presented to Council in line with the amended Health Act requirements.

2.   Community Planning Reference and Policy Reference
     Community Health and Wellbeing
     1.Improving Health and wellbeing for our diverse community

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ORDINARY MEETING                                       23 NOVEMBER 2009

     1.1 Ensure everyone has access to quality Council Services
     1.2 Improve physical and social and mental health and wellbeing for a safe,
     active and health community

3.   Financial Considerations
     Financial considerations for funding an extended MPHP will be subject to
     Council‟s budgetary process and where possible relevant external funding will
     continue to be sourced to facilitate implementation of the MPHP objectives.

4.   Consultation/Public Submissions
     The development of Council‟s current MPHP involved significant consultation
     with the community. During the review and development of Council‟s MPHP
     significant work was also invested in the integration of health and wellbeing in
     Council business units, policies, plans and actions.

5.   Issues
     The Council Plan, MPHP and the Municipal Strategic Statement are statutory
     planning responsibilities of local government. „Environments for Health‟
     confirms that municipal public health planning should inform the content and be
     incorporated into Council‟s Plan, and be linked to Council‟s Municipal Strategic
     Statement and other Council planning processes.

     Extension of the timeframe of the implementation of the MPHP and alignment
     with the new Council Plan is required to enable the MPHP to comply with
     recent amendments to the Health Act 1958. A new plan is not required, as
     Council‟s current MPHP meets all requirements under new sections 29B and
     29C of the Health Act 1958, including significant collaboration with the
     community and the use of evidence in the development of the Plan. The
     following outlines how the MPHP specifically addresses sections 29B and 29C
     (a -d):

     (a)     Examination of data about health status and health determinants in the
                  municipal district;

             The development of Council‟s MPHP has been informed by:

                A discussion paper of issues, trends and wellbeing indicators
                Environments for Health Municipal Public Health Planning
                 Framework.
                Victorian State health promotion priorities for 2007 - 2012
                Research including secondary data analysis, community research,
                 surveys, consultations, public forum.


     (b)     Goals and strategies based on available evidence for creating a local
                   community in which people can achieve maximum health:


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             Six strategic objectives were selected:

                Building community connectedness and reducing isolation
                Access to social and health infrastructure that meet community
                 needs.
                Healthy lifestyles through the enhancement of mental and physical
                 health and wellbeing.
                A sense of belonging by promotion of social inclusion through
                 engagement across all community sectors.
                Economic sustainability by supporting the development of local
                 business, trade and industry and development of education and
                 employment pathways.
                Sustainable built development and growth through the planning and
                 development of sustainable built environments.

     (c)     Involvement of people in the local community in the development,
             implementation and evaluation of the health plan:

             The process of developing „Health and Wellbeing in the Shire of
             Melton‟ involved the participation of approximately 300 people in an
             extensive series of community consultations. The annual review
             process includes feedback and consultation with Council business
             units, local stakeholders and community members.

     (d)    Work in partnership with the Department and other agencies
     undertaking              public health initiatives, projects and programs to
     accomplish the goals and        strategies identified in the public health
     plan:

             Council works in partnership with key stakeholders in implementing the
             public health plan including: DHS ,other State Government
             Departments, Federal Government Departments, Health West (Primary
             Care) Partnership, Western Suburbs Indigenous Gathering Place,
             Western Integrated Family Violence Committee, Central Highlands
             Division of General Practice, Drug and Alcohol Support Services,
             Djerriwarrh Health Services, Women‟s Health in the West, Victoria
             Police, VicHealth, Melton Health and community groups.

6.   Options
     Not applicable

7.   Conclusion
     Council is committed to working in partnership to undertake quality health
     planning, implementation and evaluation. The public health planning processes
     undertaken by Council are innovative and demonstrate a high level of
     commitment from Council and community service providers to improving the
     health and wellbeing in the Shire. The proposed approach to amend the


                                                                                Page 81
ORDINARY MEETING                                      23 NOVEMBER 2009
                                                         Tony Ball / jh
ITEM NO 15

     timeframe of the MPHP to 2009 -2013 is supported by DHS and will enable
     alignment with the Council Plan 2009 - 2013.




      INFLUENZA PANDEMIC EMERGENCY MANAGEMENT PLAN

PURPOSE OF REPORT:
This report presents to Council the Melton Influenza Pandemic Emergency
Management Plan to assist the Shire in responding to the incidents in relation to a
pandemic emergency within Australia and its impact on the Shire of Melton and its
residents.



RECOMMENDATION:
That Council:

1. Receive and endorse the Influenza Emergency Management Plan as per
   Appendix 1.
2. Write to the Department of Human Services informing them of Council‟s position.



REPORT
1.   Background
     In 2008-2009 financial year the Department of Human Services (DHS) provided
     a template for development of Influenza Pandemic Emergency Management
     Plans for Local Government. This matter was escalated by the outbreak of the
     H1N1 Flu (Swine Flu), which occurred earlier this year.

     The Pandemic Plan provides a series of actions for Council to implement
     through its Emergency Management structure led by the Municipal Recovery
     Manager to achieve the best possible outcome in the event of such an outbreak
     within the Melton Municipality.

     In the H1N1 outbreak, Council provided support to a number of families in the
     municipality who were initially quarantined for a seven day period. The highest
     number being at any one time being 16 families. As Council is aware, the H1N1
     criteria was modified during the epidemic and the quarantine period was lifted
     thus reducing the need to provide high levels of support to these families in
     relation to shopping and provision of medications.



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ORDINARY MEETING                                     23 NOVEMBER 2009

   The Influenza Pandemic Emergency Management Plan, due to the nature of its
   purpose, provides a framework to respond to events and as such is a plan that
   is constantly reviewed as new and additional information becomes available in
   relation to pandemic matters.

   The plan provides a framework for actions and covers the areas of
   preparedness, containment and maintenance of municipal services. Local
   Government responsibilities as identified by the Department of Human Services
   on behalf of the State, indicate that Council has an important role in Influenza
   Pandemic Planning to assist in reducing the impacts of the effects of an
   influenza pandemic within its municipality and to provide assistance and
   support and recoveries throughout the duration of the influenza pandemic.

   In line with the national action plan for the human influenza pandemic, the roles
   and responsibilities of the Local Government are:

      Determine and maintain plans consistent with the role of Local Government
       and complimenting relevant State, Territory and National Policy and Plans;

      Maintain business continuity plans to enable delivery of local government
       essential services;

      Support National State and Territory responses in recovery by representing
       the need of local communities and contributing to the continuing viability;
       and

      Support State and Territory emergency management frameworks.

   In line with the VHMPPI (Victorian Health Management Plan For Pandemic
   Influenza) Local Councils play a critical role in Victoria‟s emergency
   management systems. Local Councils have emergency management
   responsibilities because they are the closest level of Government to their
   communities and have access to specialised local knowledge of their districts.
   People also naturally seek help from their Local Councils and Emergency
   Management Agencies during emergencies and the recovery process. The plan
   presented to Council to be noted represents a model that Council would
   undertake in responding to such a pandemic emergency.

   The plan (Appendix 1) is governed by the Emergency Management Act 1986
   which feeds into Councils Municipal Emergency Management Plan and
   ultimately down to the pandemic sub plan which is the subject of this report.
   Council through its existing emergency management team will continue to
   monitor and develop a plan in line with the Municipal Emergency Management
   Plan, the Municipal Recovery Management Plan and the Municipal Heatwave
   Plan, (currently under development), and this Emergency Influenza Pandemic
   Emergency Management Plan.

   The key part of the pandemic plan relates to the councils business continuity
   system, which is a whole of Council project, continues to be monitored and
   developed as business continuity systems are developed.

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ORDINARY MEETING                                          23 NOVEMBER 2009



2.   Council Plan Reference and Policy Reference
        Community Health and Wellbeing
         Improving health and wellbeing for our diverse community

        Leadership
         Leading the organisation and the community through accountability,
         transparency and advocacy
3.   Financial Considerations
     Council maintains a small recurrent budget for emergency management as a
     contingency amount in the event of an incident. In the event of a major
     pandemic incident additional resources would need to be allocated on a as
     required basis in response to the particular requirements of such an episode.
     In terms of a major incident State Government would assume some financial
     responsibility in emergency management response.

4.   Consultation / Public Submissions
     The preparation of the influenza pandemic plan has been circulated to all
     members of the council emergency management planning committee and
     comments were received back. The plan has been forwarded to the
     Department of Human Services and has been assessed as satisfactory in all
     categories.

5.   Issues
     The impact on Council in continuing to provide its core business and
     responding to the needs of the community in the event of a pandemic episode
     is potentially a high-risk event for council. The provision of early immunisation,
     if available, to staff to ensure continuity of service is a priority and the capacity
     to call in additional staff to assist in responding to those in need will continue to
     be a key resource issue in responding to such an event.

6.   Options
     Not applicable.

7.   Conclusion
     The Influenza Emergency Management Plan sets a framework for council to
     respond in the event of an influenza outbreak. It sets up a process where
     following notification from the Department of Health through the State
     Government, Council will implement a number of actions subject to the nature
     of the particular event. The plan has been assessed by the Department Of
     Human Services and whilst as a „live‟ document requiring regular review and
     updating has been found to satisfactorily to meet the requirements.



                                                                                       Page 84
ORDINARY MEETING                                       23 NOVEMBER 2009

                                                           Adam Boyle
 ITEM NO 16



 REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM
                 (ROUND 2 APPLICATIONS)

PURPOSE OF REPORT:
To inform Council on the funding opportunities and applications submitted through
the Regional and Local Community Infrastructure Program (Round 2 Applications).



RECOMMENDATION:
That Council:
1. Note the application submitted for the Regional and Local Community
   Infrastructure Program Round 2 as attached in Appendix 1.
2. Note the two applications submitted for the larger strategic projects for the $120
   million Regional and Local Community Infrastructure Program as per Appendix
   1.



REPORT
1.   Background
     The Government announced on 9 October 2009, that Round Two of the
     Regional and Local Community Infrastructure Program (RLCIP) funding has
     opened. The funding, which was announced earlier this year, comprises two
     streams:
         A non-competitive fund of $100 million to be shared between all Councils,
          based upon a submission of eligible projects. Submissions closed on 20
          November 2009;
         A competitive fund of $120 million for larger Strategic Projects allocated
          on a competitive basis. Applications for this competitive funding are due
          by 15 January 2010.

     The objective of the funding is to assist Councils to modernise community
     facilities including halls, libraries, community centres, sports grounds and
     environmental infrastructure and is intended to support local jobs and provide
     long-term benefits to communities by renewing and upgrading local
     infrastructure.




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ORDINARY MEETING                                      23 NOVEMBER 2009

      Regional and Local Community Infrastructure Program Round 2 – $100
       Million Fund

   $100 million is being allocated to all 566 of Australia's Councils on a formula
   basis. All Council‟s receive a base grant of $30,000. The 105 councils
   classified as urban fringe or urban regional according to the Australian
   Classification of Local Government Code and who have at least 30,000
   residents will receive an additional growth component. Melton Shire Council
   has been announced to receive $633,000.

   Funds under the RLCIP $100 million will be provided directly to Councils as a
   one-off payment. Eligible projects must be additional, ready to proceed, or
   additional stages of current projects. Additional projects are those that have not
   been included in the local government‟s financial budget for 2009/10 and can
   be brought forward as a result of RLCIP funding. Projects that are ready to
   proceed are those that will begin construction within three months of signing the
   Funding Agreement / Contract (i.e. have been planned, designed, consulted
   and ready to go to tender).

   Council should be aware of the requirement to complete projects and expend
   all funding by 31 December 2010.

   Appendix 1 provides details of projects listed for recommendation to deliver on
   the $633,000 allocation. These projects are recommend in that they clearly
   address the criteria in that they are ready to proceed, being able to be delivered
   by December 2010 and have been identified strategically as high need
   community based projects.
       $120 million Regional and Local Community Infrastructure Program
        – Strategic Projects (RLCIP–SP)
   Funding under this round will be made available to Councils on a competitive
   basis for limited number of larger scale strategic projects. This investment is to
   support local jobs during and provide long-term benefits to communities by
   assisting Councils to build and modernise local infrastructure.

   It has been identified that preference will be given to projects that can
   demonstrate community benefit. Partnership funding is required and preference
   may be given to projects with greater co-contributions. Consideration will be
   given as to whether Councils have completed their $250 million RLCIP projects.

   Applications will have a greater chance of success if they can quantify or
   otherwise demonstrate what the project will achieve, what the ongoing
   community benefits will be and how the project will be sustainable.

   RLCIP–SP will provide funding for community infrastructure including new
   works or major renovations and refurbishments such as:
             Community centres
             Swimming pools


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ORDINARY MEETING                                         23 NOVEMBER 2009

               Sports grounds and facilities
               Convention or trade centres
               Footpaths, streetscapes and curb reconstruction are eligible, if they
                are part of a suburb improvement program and not part of a road
                construction project.
               Paving or greening of road median strips and centre islands are
                eligible, for example if part of a suburb improvement program and
                not part of a road construction project.
               Recreational bicycle paths such as those running through recreation
                reserves.
               Access facilities such as bus shelters, footbridges, jetties and boat
                ramps.

     RLCIP-SP funding is available for single projects only and is intended to assist
     councils to build and modernise local community infrastructure.

     Eligible Activities and Ineligible Projects and Activities are same as those
     reflected in the $100 Million Fund, with strong emphasis by government that the
     project must be ready-to-proceed. Partnership funding is required and
     preference may be given to projects with greater co-contributions.

     Eligible projects must be additional, ready-to-proceed, or additional stages of
     current projects. Additional projects are those that have not been included in
     the Local Government‟s financial budget for 2009/10 and can be brought
     forward as a result of RLCIP-SP funding.

     Note that “Projects that are ready-to-proceed” are those that will begin
     construction within six months of signing the Funding Agreement (contract). All
     RLCIP-SP funds should be expended by 30 June 2011.

     Funding will not be provided for painting of halls, works of art, individual toilet
     blocks, tourist interpretive centres, office equipment, or stand alone equipment
     that is not part of the construction activity.

     In consideration of project options, the option presented at Appendix 1 is
     recommended for Council consideration.

2.   Council Plan Reference and Policy Reference
     The delivery of identified applications to the Regional and Local Community
     Infrastructure Program is supported by the 2009 – 2013 Council Plan through
     the following objectives:

     1. Improving health and wellbeing for our diverse community
        1.1 Ensure everyone has access to quality Council services
        1.2 Provide opportunities for people to come together, socialise and be
            involved in their community


                                                                                     Page 87
ORDINARY MEETING                                       23 NOVEMBER 2009

           1.3 Improve physical, social and mental health and wellbeing for a safe,
               active and healthy community.

           4.   Ensuring our fast growth is well planned and managed, and
               Council’s physical assets are well maintained.
           4.1 Proactively consult, plan, build, maintain and upgrade assets
           4.4 Provide access to quality infrastructure and services.


3.   Financial Considerations
     Of the $100 Million Fund being allocated to all 566 of Australia's Councils, the
     formula basis has provided the Melton Shire Council with a payment of
     $633,000 subject to a successful application.

4.   Consultation/Public Submissions
     Consultation has occurred with the management team, Executive and Council
     to ensure that these initiatives are delivered to the expectations of the
     community.

5.   Issues
     Nil

6.   Options
     Options were presented to Council at briefing held on Monday 9 November and
     16 November 2009, on the Regional and Local Community Infrastructure
     Program - Strategic Projects and initiatives.

7.   Conclusion
     The provision of funding through the Regional and Local Community
     Infrastructure Program provides significant opportunity for Council to realise
     earlier delivery of strategically identified key projects to support our growth,
     productivity and community well-being.




                                                                                  Page 88
ORDINARY MEETING                                       23 NOVEMBER 2009

Procedural Motion:

That Officers‟ Reports items 17 to 19 inclusive be deferred for consideration after
agenda item 14 “Urgent Business”.


9.    REPORTS OF COMMITTEES

10.   REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO
      OTHER BODIES

11.   NOTICES OF MOTION

      Motions to be formally moved by Councillors at the Council Meeting.

      Notice of Motion No 231

      I hereby give notice of my intention to move the following motion at the
      Ordinary Meeting of Council to be held on Monday 23 November 2009.


      “That Council officers prepare a comprehensive report for Council on
      the available options for redevelopment/replacement of the Melton
      Library, inclusive of the following elements:
           Community consultation process
           Location options
           Design process
           Timelines (assuming initial funding in 2010/11 budget)
           Broad cost estimates and resourcing requirements
           Impact on future “operating” budgets”



      Councillor Broden Borg


      Officer’s Comments
      Council officers have been working on a Position Paper that addresses the
      provision, development and expansion of library assets for the Shire of Melton
      to support planning considerations for the 2010/11 financial year. This review
      accommodates the elements detailed in the Notice of Motion and in particular
      will provide best practise recommendations in the provision of fit-for-purpose
      buildings that reflect the important roles of public libraries as community hubs
      and lifelong learning centres.




                                                                                   Page 89
ORDINARY MEETING                                   23 NOVEMBER 2009

    Notice of Motion No 232

    I hereby give notice of my intention to move the following motion at the
    Ordinary Meeting of Council to be held on Monday 23 November 2009.


    “That Council officers prepare for Council consideration a report
    canvassing all issues relating to the mandatory de-sexing of cats, and
    that the report include details of Councils that have introduced such a
    requirement, how it is administered and enforced, and the impact
    achieved in those municipalities in controlling the cat population.”


    Councillor Broden Borg


    Officer’s Comments
    As part of Council‟s local law review the issue of creating a local law
    introducing mandatory de-sexing of cats will be considered .

    The details requested in the Notice of Motion are consistent with the matters
    that Council would need to consider prior to determining whether to proceed
    with the introduction of a local law requiring mandatory de-sexing of cats as
    an element of the review.

    Notice Of Motion No 233

    I hereby give notice of my intention to move the following motion at the
    Ordinary Meeting of Council to be held on Monday 23 November 2009.

    “That Council formally advise the Minister for Transport the suggested
    removal of the No 483 Bus Route from Diggers Rest to Moonee Ponds
    would be unacceptable to this Council and the Community of Diggers
    Rest.”



    Cr Renata Cugliari
    Mayor


    Officer’s Comments




                                                                              Page 90
ORDINARY MEETING                                     23 NOVEMBER 2009

12.   COUNCILLORS’ QUESTIONS WITHOUT NOTICE


13.   MOTIONS WITHOUT NOTICE


14.   URGENT BUSINESS


15.   CONFIDENTIAL BUSINESS


Procedural Motion:

That pursuant to Section 89(2) of the Local Government Act the meeting be closed
to the public to consider Officer Reports Nos 17 to 19 inclusive, as they relate to
legal and personnel matters.




                                                                                Page 91

				
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