2009-07-14 - ordinary meeting - amended minutes...jul 14, 2009 · amended confirmed minutes for...

Amended Confirmed Minutes for the Ordinary Meeting of Council – Mount Alexander Shire Council – 14 July 2009 Pg 1

MINUTES

FOR THE ORDINARY MEETING OF COUNCIL HELD ON

TUESDAY, 14 JULY 2009, COMMENCING AT 7.32PM AT THE CASTLEMAINE SENIOR CITIZENS CENTRE.

AMENDED FOLLOWING THE COUNCIL RESOLUTION OF 10 NOVEMBER 2009


TABLE OF CONTENTS

1. PRESENT 3

2. APOLOGIES 3

3. DECLARATIONS OF INTEREST / CONFLICTS OF INTEREST 3

4. MINUTES 3

4.1. ORDINARY MEETING OF COUNCIL 3

4.2. SPECIAL MEETING OF COUNCIL 3

5. PUBLIC QUESTION TIME 4

6. PETITIONS, JOINT LETTERS AND DECLARATIONS 5

7. COMMITTEE REPORTS 5

7.1. MOUNT ALEXANDER SHIRE HERITAGE ADVISORY BOARD 5

7.2. MOUNT ALEXANDER DIGGINGS MANAGEMENT BOARD 5

8. OFFICER REPORTS 14

8.1. CREATING A SUSTAINABLE FUTURE (FUT) 14 FUT 01 SIGN AND SEALING OF SECTION 173 AGREEMENT BETWEEN MOUNT ALEXANDER SHIRE COUNCIL

AND SUELLEN MARY PEPPERELL AND LOUISE ANNE GRIFFIN (PA 036/2008) 14 FUT 02 PLANNING PERMIT APPLICATION 016/2009 – USE OF LAND FOR A COMMUNITY MARKET AND

ASSOCIATED WORKS, LOT 1, PS402282W, 145 LEVERSHA ROAD, HARCOURT (PA 016/2009) 16 FUT 03 CASTLEMAINE URBAN FOREST INTERFACE STUDY (23/180/004) 27 FUT 04 PLANNING PERMIT APPLICATION 283/2008 – 14 LOT SUBDIVISION AT LOT G PS503415R, FITZGERALD

CLOSE, CASTLEMAINE (PA283/2008) 30 FUT 05 VICTORIAN LOCAL GOVERNMENT ANNUAL COMMUNITY SATISFACTION SURVEY 2009 (14/200/3) 41 FUT 06 CONSIDER SUBMISSIONS TO THE 2009/2010 PROPOSED BUDGET (10/050/24) 44 FUT 07 ADOPTION OF PROPOSED 2009/2010 BUDGET (10/050/24) 52 FUT 08 ANNUAL PLAN 2009/2010 (06/150/001) 57 FUT 09 LAND MANAGEMENT SUPPORT GRANTS 2009 (11/050/016) 59

8.2. STRENGTHENING OUR COMMUNITY (COM) 61

8.3. PARTNERING FOR BETTER SERVICES (PAR) 61

8.4. ENSURING A PROSPEROUS AND DIVERSE LOCAL ECONOMY (ECO) 61

9. DELEGATES REPORTS 62

10. NOTICE OF MOTION 62

11. URGENT SPECIAL BUSINESS 62

12. MEETING CLOSE 62


ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that we are meeting on Jaara country

of which the members and elders of the Jaara Jaara community and their forebears have been custodians for many centuries

and have performed age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

1. PRESENT

Councillors: Brook Acklom, Janet Cropley, Tracey Cross, Christine Henderson, Michael Redden, Philip Schier and Robin Taylor.

Officers: Chief Executive Officer, Director Environment and Infrastructure, Director Economic and

Social Development, Director Corporate Support, Senior Planner and Senior Administration Officer.

2. APOLOGIES

Nil

3. DECLARATIONS OF INTEREST / CONFLICTS OF INTEREST

Councillor Schier declared a Direct Interest in item FUT 03, Castlemaine Urban Forest Interface Study, under Section 77B of the Local Government Act 1989 as he owns land that is directly affected by the Study.

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 7.30pm on 23 June 2009 at the Castlemaine Senior Citizens Centre have been circulated to Councillors. The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 23 June 2009 be confirmed. MOVED COUNCILLOR REDDEN That the recommendation be adopted SECONDED COUNCILLOR CROPLEY CARRIED

4.2. SPECIAL MEETING OF COUNCIL

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 5.30pm on 7 July 2009 at the Castlemaine Senior Citizens Centre have been circulated to Councillors.


The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Special Meeting of the Mount Alexander Shire Council held on 7 July 2009 be confirmed. MOVED COUNCILLOR CROPLEY That the recommendation be adopted SECONDED COUNCILLOR ACKLOM CARRIED

5. PUBLIC QUESTION TIME

MOVED COUNCILLOR HENDERSON That standing orders be suspended. SECONDED COUNCILLOR ACKLOM CARRIED (7.35PM) a. Hans van Gemert

Mr van Gemert expressed concern over the wording of the recommendation for item FUT 03 and requested the replacement of the word “endorse” with the word “release”.

� Mayor responded that when the item was raised a Councillor may like to make the alteration as suggested.

b. Augustus Gallagher

Mr Gallagher expressed concern over the removal of the Skate Park in Maldon and the lack of things to do for himself and his friends. He suggested that it be replaced with dirt bike jumps at the football oval.

� Mayor responded that Council did not own the land that the Skate Park was located on and that the Church needed to sell it to fund the upkeep of the Church. He indicated that Council would be entering into a conversation with the youth of Maldon in regards to the replacement of the skate park.

� Director Economic and Social Development (DESD) advised that the process of talking to the youth of Maldon had not yet commenced but that she would follow-up with Mr Gallagher and his friends when the discussions began.

� Cr Cropley supported Mr Gallagher’s involvement in the discussions to be had regarding the replacement of the skate park.

c. John Pasquarelli

Mr Pasquarelli expressed concern over the graffiti to the fence during the period of time that the Mural had been removed and queried whether any action had been taken in regards to the graffitti.

� Mayor responded with an overview of the Council resolution to grant a permit for the mural.


� CEO advised that as soon as he was made aware of the graffiti he inspected it and arranged for its removal the next day.

MOVED COUNCILLOR CROPLEY That standing orders be resumed. SECONDED COUNCILLOR HENDERSON CARRIED (7.45PM)

6. PETITIONS, JOINT LETTERS AND DECLARATIONS

Mayor acknowledged receipt of a Joint Letter containing four signatures from Mr Augustus Gallagher in regards to the replacement of the Skate Park in Maldon.

7. COMMITTEE REPORTS

7.1. MOUNT ALEXANDER SHIRE HERITAGE ADVISORY BOARD

RECOMMENDATION

That the Minutes for the Mount Alexander Shire Heritage Advisory Board for the meetings held on 20 April 2009 and 18 May 2009 be noted (Attachments 7A and 7B). MOVED COUNCILLOR CROPLEY That the recommendation be adopted SECONDED COUNCILLOR CROSS CARRIED

7.2. MOUNT ALEXANDER DIGGINGS MANAGEMENT BOARD

RECOMMENDATION

That the Minutes for the Mount Alexander Diggings Management Board for the meetings held in May 2009 be noted (Attachment 7C). MOVED COUNCILLOR REDDEN That the recommendation be adopted SECONDED COUNCILLOR TAYLOR CARRIED


Attachment 7A


Attachment 7B


Attachment 7C


8. OFFICER REPORTS

8.1. CREATING A SUSTAINABLE FUTURE (FUT)

FUT 01 SIGN AND SEALING OF SECTION 173 AGREEMENT BETWEEN MOUNT ALEXANDER SHIRE COUNCIL AND SUELLEN MARY PEPPERELL AND LOUISE ANNE GRIFFIN (PA 036/2008)

1. Purpose

The purpose of this report is to allow to be registered on title an Agreement under Section 173 of the Planning and Environment Act 1987. In order to complete this process the Agreement is required to be signed and sealed by Council.

2. Policy and Statutory Implications

Including consideration of Economic, Social and Environmental impacts. Nil

3. Statutory Implications

Nil

4. Background

Planning permit PA 036/2008 was issued under delegation on 6 August 2008 for the realignment of the northern boundary of Crown Allotment 10 and a three lot subdivision of Crown Allotments 8 and 10, Section 7, Parish of Harcourt. This land is located at 26 Buckley Street, Harcourt.

5. Issues

To minimise the impact of new developments on Council’s existing drainage infrastructure, the developer is required to restrict the stormwater outflow for the overall site to existing levels. A Section 173 Agreement ensures that an appropriately sized stormwater storage and outlet will be constructed with any new development on the property, and that the minimum storage volume required will be maintained on the property.

The agreement will be between Mount Alexander Shire Council and Suellen Mary Pepperell and Louise Anne Griffin.

6. Financial and Resource Implications

As part of the agreement the owner of the land is required to cover costs of preparation and lodgement of the agreement and any further costs incurred to comply with the agreement.

7. Consultation

Nil

8. Conclusion

Planning permit number PA 036/2008 required a Section 173 Agreement to be registered on title in accordance with Condition 2.1A of the Planning Permit. All Section 173 Agreements must be signed and sealed by Council.


RECOMMENDATION

That Council authorise the Chief Executive Officer to sign and affix the Council Seal to the Section 173 Agreement (as tabled) between Council and Suellen Mary Pepperell and Louise Anne Griffin in relation to planning permit number PA 036/2008. MOVED COUNCILLOR CROPLEY That the recommendation be adopted. SECONDED COUNCILLOR ACKLOM CARRIED


FUT 02 PLANNING PERMIT APPLICATION 016/2009 – USE OF LAND FOR A COMMUNITY MARKET AND ASSOCIATED WORKS, LOT 1, PS402282W, 145 LEVERSHA ROAD, HARCOURT (PA 016/2009)

1. Purpose

To make a determination on an application to allow for the use for a weekly community market and associated works on land at 145 Leversha Road, Harcourt. This application has been referred to Council for a decision because the recommendation is to issue a notice of refusal to grant a planning permit and three (3) objections were received and not withdrawn. The matter was presented to the Ordinary Meeting of Council held on 23 June 2009. At that meeting Council resolved to defer determination of the matter to allow clarification of some matters in the report. Minor changes have been made to the report however the recommendation to Council to refuse the application has not been affected. Attachments include copies of the site plan and development plan.


Including consideration of Economic, Social and Environmental impacts. The following clauses of the Mount Alexander Planning Scheme are considered relevant to the application: State Planning Policy Framework

Clause 11.03 – Principles of Land Use and Development Planning

Planning aims to meet various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of resources and infrastructure. These principles must be considered administering a planning scheme.

Clause 15.09 – Conservation of Native Flora and Fauna

The objective of this clause is to assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals.

Clause 17.05 – Agriculture This clause aims to ensure that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use and to enable protection of productive farmland which is of strategic significance in the local or regional context. Municipal Strategic Statement Clause 21.03 – Municipal Vision and Framework Plan This clause sets out the land use planning and development vision for the Shire. It contains planning directions for the Shire as a whole and for towns and areas within the Shire. Plan 1 (Strategic Framework Plan) states that development in the rural landscape should be compatible with the Shire’s cultural heritage and landscapes and should protect prominent hills and ridges. This plan also aims to support productive agricultural use of rural land. The subject site contains significant vegetation and is surrounded by farming land. A weekly market will have a strong impact on the landscape. A market is not considered to satisfy the strategic landscape objectives of this policy due to the rural character of the area, access to the site and existing vegetation.


Clause 21.04-6 – Agriculture This clause identifies issues associated with the future of agriculture within the Shire, such as the use of agricultural land for non-agricultural uses, the growing diversity of the agricultural sector in the Shire and the need to protect the environment. The objectives and strategies of this clause aim to minimise potential amenity impacts between rural agricultural uses and rural lifestyle uses and encouraging farm management practices and land use activities, which have the capacity to be sustained and reflect the optimal use of land. The proposal is for a non agricultural use of the land, contrary to the strategic objectives of this clause. Whilst the market is intended to attract small producers (farmers), the location of the subject site is considered not to be optimal for the proposed use of a weekly market. Local Planning Policy Framework Clause 22.04 – Harcourt This policy applies to the central township of Harcourt. The subject site falls outside the township as defined on the Harcourt Framework Plan. Clause 22.13 – Catchment and Land Protection The objectives of this clause includes:

• To ensure the use and development of land and water takes into account impacts on the quality and quantity of natural resources.

The policy states that ‘preference is given to use and development which incorporates measures that protect and / or improve the quality and sustainable development of natural resources’. The application was referred to Council’s Environment Officer who confirmed that the site does contain grassland and the proposal would be impacted on by soil compaction, nutrient run off and the importation of weeds. It is considered that the use of the land for a community market will be detrimental to the existing grasslands, by constructing an associated car park and market compound which will result in soil compaction and nutrient run off. Clause 22.14 – Wildfire Management The objectives of this clause are to ensure that new land use and development does not increase the level of fire risk and to ensure that new land use and development includes adequate fire protection measures. The proposed community market will be sited outside of the Wildfire Management Overlay operating on the property. However as part of CFA conditions, an emergency management plan will be required prior to the commencement of the use of the site for a community market. Clause 22.22 – Excisions, construction of housing and re-subdivision of land in the Farming and Rural Living Zones This clause aims to protect agricultural land and sets out Council’s policies for considering new development and land use in the rural zones. It requires Council to consider the matters as listed below, and followed by officer comments. The Planning History of the Site A planning permit (number 191) and plan of subdivision was approved in 1996 for the re-subdivision of boundaries to create 2 lots of 19.7ha and 9.3ha. Plans were certified but a statement of compliance was never issued and the applicant did not have the plan of subdivision lodged at the titles office. Therefore the permit subsequently expired. Since that time VicRoads has acquired a portion of the land (approximately 1ha) for the new alignment of the Calder Freeway.

Another planning permit (number 109/2006) and plan of subdivision was approved in 2006 for the realignment of boundaries and the use and development of a dwelling. Two titles were issued by the


titles office: Lot 1 (5.15ha) and Lot 2 (22.99ha). Lot 2 contains the existing dwelling. The proposed dwelling will be located on Lot 1 (fronting Leversha Road). This planning permit is still current for the use and development of a dwelling and will expire on 21 July 2009 if the dwelling is not commenced and on 21 July 2011 if the development is not completed. The approval of the dwelling is considered significantly less detrimental than a weekly market potentially involving several hundred people at one time occupying the site.

Surrounding Land Uses Surrounding properties are predominantly rural in nature, with light grazing activities undertaken on abutting properties to the north and south.

The Existing Levels of Infrastructure The new Calder Freeway service road (Leversha Road) runs in between the subject site and the Calder Freeway providing access to the land. Reticulated water, sewerage or gas is not available to the allotment. Electricity and telephone are available to the site.

The Agricultural Quality of the Land This has been assessed as part of planning permit 106/2006A. Consolidation of two lots was part of the planning permit and conditions included the requirement for plantings and management of weeds to improve the environmental aspect of the site. A minimum of two rows of trees and/or shrubs must be planted to screen the future dwelling from the Calder Highway and adjoining properties. These planting must be installed within 6 months of the completion of the dwelling.

The Level of any Environmental Constraints Environmental constraints include native vegetation (including grassland), topography and the passage of water across the site. No trees are to be removed as part of the proposal and the location of the proposed market is sited on land already cleared of vegetation. However, native grasses will need to be removed to allow access and the construction of a gravel car park.

The siting of the market is less than 50m from the Warren Channel (southern and western property boundary) and less than 100m from the gully to the north of the proposed market site.

A Remnant Conservation Rebate applies to the subject land and is discussed further in the report.

The Degree to which the Proposal Supports the Continued Agricultural Use of the Land The proposed market will not support or be reasonably required for the continued agricultural use of the land as the land is not on its own considered large enough to sustain agricultural activity. This was recognised earlier with the decision to issue a planning permit for the use and development of a dwelling. Zones Clause 35.07 – Farming Zone A planning permit is required to use land for a community market in the Farming Zone. The purpose of the Farming Zone is:

� To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

� To provide for the use of land for agriculture; � To encourage the retention of productive agricultural land; � To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use

of land for agriculture; � To encourage use and development of land based on comprehensive and sustainable land

management practices and infrastructure provision; � To protect and enhance natural resources and the biodiversity of the area.


The decision guidelines to the Farming Zone require consideration of the following issues.

General Issues, including Relevant State and Local Policies Effluent disposal is not proposed, however portable / temporary toilets are and would require separate approval from Council’s Environmental Health Unit. This is not considered an appropriate long term solution. In relation to adjoining and nearby land uses, the site is not considered compatible with the surrounding farm land and should be located within existing townships close to public amenities. Agricultural Issues Previous planning approval for a dwelling was granted on the basis that remaining land on the site would support future rehabilitation of the land and not subject to alternative intensive high impact uses. The proposal will effectively remove a greater area of land from agricultural production. Environmental Issues No tree removal is proposed on site. However, the removal of grasses will impact on the flora of the site and promote the introduction of noxious weeds. At least one large tree may be required to be removed from the road reserve to allow the construction of a turning lane on Leversha Road.

Design and Siting Issues No buildings are proposed as part of this application, although several portable toilets will be required and located at the front of the site. Council’s Infrastructure Unit advised that some traffic management measures will be required due to sight lines along Leversha Road, subject to the recommendations of a Road Management Study.

The location of the community market at the front of the site to gain maximum exposure is understandable, but is not considered in keeping with the surrounding non commercial land uses in the area.

Overlays Clause 42.01 – Environmental Significance Overlay Schedule 5 (Watercourse Protection) The most important objectives of this overlay are:

� To maintain the quality and quantity of water within the watercourse; � To maintain the ability of streams and watercourses to carry natural flows; � To prevent erosion of banks, streambeds and adjoining land and the siltation of

watercourses, drains and other features; � To protect and encourage the long term future of flora and fauna habitats along

watercourses; � To prevent pollution and increased turbidity of water in natural watercourses; � To conserve existing wildlife habitats close to natural watercourses and, where appropriate,

to allow for generation and regeneration of habitats; � To restrict the intensity of use and development of land and to activities which are

environmentally sensitive and which are compatible with potential drainage or flooding hazards.

A planning permit is required for any building and works located less than 200m from the centre point of the watercourse or channel. The siting of the market is less than 50m from the Warren Channel (southern property boundary and western lot boundary). Despite no formal objections from the North Central Catchment Management Authority in relation to flooding, the expected impact from hundreds of people close to the watercourse is not considered a ‘best practice’ environmental outcome.


Clause 43.02 – Design and Development Overlay Schedule 1 (Noise Attenuation Measures along the Calder Freeway/Highway between Kyneton and Ravenswood) The objective of this overlay is to ensure that any new development of land near the future alignment of the Calder Freeway is undertaken with appropriate noise attenuation measures to minimise the impact of traffic noise on noise sensitive activities. Only the very eastern part of the subject land is covered by this overlay. The new Calder Freeway opened for traffic recently and this overlay was applied at the time the route of the freeway was chosen. VicRoads, having assessed the application, does not object to the proposal but did state that VicRoads does not accept liability for any claims of sound interference from the adjacent Calder Freeway. Clause 44.01 – Erosion Management Overlay The purpose of this overlay is to protect areas prone to erosion, landslip or other land degradation processes, by minimising land disturbance and inappropriate development. A planning permit is required to carry out works. For this application proposed works would include the construction of internal roadways and car parking spaces including table drains and culverts. The Department of Sustainability and Environment, having assessed the application, does not object to the application subject to any earthworks to be designed and constructed to avoid soil erosion. Several drainage points are to be used to avoid concentration of drainage water. Notwithstanding, these measures will further disturb the site and are considered excessive in order to accommodate the proposal. Particular Provisions Clause 52.06 – Car Parking The purpose of this clause includes the following: � To ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of the locality.

A new use must not commence until the required car spaces have been provided on the land.

The applicant proposes 42 stalls with each stall having a car parking space, and 84 visitor car parking spaces. The size of the proposed site has sufficient area to accommodate the required car spaces for the proposed use and therefore no ‘waiver’ of parking is required under this clause. However, Council’s Infrastructure Unit requested that construction of the car parking spaces must include a 100mm minimum compacted layer thickness of road base gravel. These works are considered to be inappropriate for the site and will remove native grasses and potentially cause long term erosion. General Provisions The Responsible Authority must decide whether the proposal will produce appropriate planning outcomes in terms of the decision guidelines of this clause. The relevant guidelines are listed below.

� The Orderly Planning of the Area The surrounding area is zoned farming and contains several small lots ranging between 4ha and 20ha. The area maintains a rural character despite the recent completion of the Calder Freeway and there are no commercial uses in the general vicinity of the subject site. It is considered the proposed use would set an undesirable land use precedent and would encourage additional incompatible uses.

� The Affect on the Amenity of the Area Current access to the site from either direction is not considered safe enough to accommodate large numbers of vehicles and the likely modifications would seem excessive to allow the proposed use.


� The Extent and Character of Native Vegetation and the Likelihood of its Destruction In order for the anticipated cars to be parked on site every week, a formal car park will need to be established. This will remove existing grassland, increase the likelihood of silt runoff and importation of weeds.

� The Degree of Flood, Erosion or Fire Hazard associated with the Location of the Land and the

Use, Development or Management of the Land so as to Minimise any such Hazard The site is not in a flood zone or covered by a Wildfire Management Overlay and no objections were received from the relevant referral authorities. It is considered that appropriate conditions and related local laws would be sufficient to minimise such risks. However, the proposed use and works are likely to cause erosion due to the concentration of vehicles and foot traffic over the site. Other Documents Harcourt 2020 Report (Draft) The draft Harcourt 2020 report has recently been prepared on behalf of the Mount Alexander Shire Council. The report makes recommendations about the township of Harcourt ‘After the Bypass’. The document is not a reference document in the Planning Scheme and is therefore not able to be considered in making a statutory decision, however the report does focus on how to strengthen the economy and community of Harcourt and as such is focussed on supporting existing commercial enterprises, and drawing new commercial enterprises into the town centre. To strengthen the town and the community it is considered a market should be located within the township rather than on a rural property 2.5 kilometres outside of the town.

3. Background

The subject site is located on the west site of the new Calder Freeway, approximately 2.5 kilometres north of Harcourt and has a total area of approximately 5.1 hectares. The site is an irregular shaped allotment with a frontage to Leversha Road and was created by a re-subdivision in 2006 which included a larger separate Lot 2 at the rear and approval for the construction of a dwelling on Lot 1. The site is vacant and contains scattered trees along a gully which runs west to east through the centre of the property and a Coliban Water water channel also runs north-south and forms the boundary between Lot 2. The site is generally undisturbed and contains large areas of grassland and some scattered trees. The northern side of the watercourse has been re planted in recent years. As a result of the subdivision, a second access was created further south along Leversha Road. The site’s neighbourhood is rural in character with surrounding properties predominantly being used for grazing. Lot sizes in the area range from 4 – 20 hectares. Land further to the south of the site rises up to a ridge line and is more densely treed. The application was lodged on 27 January 2009 and proposes to use the land for a community market. The emphasis will be on local produce and the market will be held every Saturday from 8.00am until 2.00pm and provides for 42 stalls. Each stall will have a car parking space with an extra 84 car parking spaces provided for visitors. If demand increases, future expansion is proposed for 70 stalls (each with car parking) and an extra 40 visitor car parking spaces. Proposed access to the market is via the existing entrance from Leversha Road. Amenities will be located near the front gate.

4. Issues

Three (3) objections were received as a result of notification and the following is a summary of the issues raised by objectors related to the application, followed by officer comment.

� A Commercial Activity in a Rural Area should not be allowed Land uses in the area are predominantly rural with a distinct lack of commercial activity. Whilst the Farming Zone does not prohibit the proposed use from being considered through a planning application, the proposal must be considered in the context of prevailing land uses and existing level of development or lack of and not for financial or economic reasons alone.


� Road Safety Objectors raised legitimate concerns in relation to increased traffic in the area and the safety of vehicles entering and exiting the site. The application was referred to Council’s Infrastructure Unit which raised concerns about traffic management and requested that a traffic management study be undertaken to determine appropriate safety measures if and when planning approval is granted. Leversha Road is a service road which runs parallel to the recently opened Calder Freeway and currently has a 80km/hour speed limit. It is understood that this limit could be changed in future once responsibility for management of the road is determined. The road reserve is occupied by several trees immediately south of the site entrance and at least one tree would be required to be removed to allow a turning lane from the southern approach to improve sight lines, and similar treatment may be also be required for a northern right hand turn lane.

� Unleashed Dogs Animal management issues can be addressed through appropriate conditions being placed on any planning permit issued.

� Fire Danger Land surrounding the site contains scattered trees with areas of open grazing land. Forested land lies further west towards a nearby ridge line. The application was referred to the CFA which requested a suitable emergency management plan prior to the use of the site for a community market.

� Increase of Noise / Impact on Amenity With the recently opened Calder Freeway located opposite the site, it is acknowledged that noise levels from passing traffic have already increased in the area. In relation to additional noise levels from the operation of the market, these can be addressed through specific permit conditions applied to any planning permit issued, such as no loud music or public address system, pre-registration of stalls and restricted use of generators and the like. � Remnant Conservation Rebate The site was subject to a five year Management Agreement between Mount Alexander Shire Council and the applicant under the Land Management and Conservation Program (Remnant Conservation Rebate) which commenced on 6 September, 2005. This agreement stated that the landowner will:

• ‘protect and manage the 26.4 hectares of remnant vegetation (entire land parcel excluding 2.2ha for building and gardens) for native biodiversity and conservation values;

• refrain from activities that adversely affect the native biodiversity values and conservation of the remnant.’

The applicant has requested a cancellation of the agreement. The application was referred to the Council’s Environment Officer who advised that the agreement should run its full course until September 2010 and therefore will not support its termination. Any cancellation of the agreement will require a separate recommendation at the discretion of Council’s Environment Officer.


Cost of potential appeal to the Victorian Civil and Administrative Tribunal.

6. Consultation

Notice of the application was given to adjoining property owners and occupiers by registered mail, a sign was placed on site and a notice placed in the Midland Express and Castlemaine Mail. Three (3) objections were received following this notice period and were not withdrawn. An applicant / objector meeting was held on 6 April 2009, however the meeting did not resolve the objector’s concerns.


Referrals

External Referrals � Department of Sustainability and Environment – No objection subject to conditions � North Central Catchment Management Authority – No objection � Vic Roads – No objection subject to conditions � CFA – No objection subject to conditions including submission of an emergency management plan.

Internal Referrals

� Infrastructure Unit – No objections subject to the findings of a Traffic Management Study � Health Department – Further information required to determine appropriate numbers of

public toilets and food vendors � Environment Officer – No objections, the Remnant Conservation Rebate Agreement can be

terminated

7. Conclusion

Council has received an application to allow for the use for a weekly community market and associated works on land at 145 Leversha Road, Harcourt. The land is zoned Farming and is currently vacant. Notice has been given and three (3) objections remain outstanding. The Farming Zone allows a limited number of non farming or commercial uses of the land to be considered, but these uses must take into account the context of the existing land uses and to what extent other issues need to accommodated. In this instance, it is considered a community market is not compatible with the rural character of the area and the site would require significant modifications to allow the occupation of the site and a safe entry and exit of the site. Apart from the site being considered inappropriate for use as a community market, it is also considered that such uses should be located within established town centres which have a natural advantage in providing car parking, public amenities and are able to be accessed safely by pedestrians and cyclists. On balance, and having regard to the above matters, it is recommended that the application be refused.

RECOMMENDATION

That Council resolve to issue a Notice of Refusal to Grant a Planning Permit for Application 016/2009 to allow for the use for a weekly community market and associated works at 145 Leversha Road, Harcourt, on the following grounds: 1. The proposal does not adequately respond to the decision guidelines of the Farming Zone in relation

to compatibility with surrounding land uses, the environment and siting issues;

2. The proposal represents commercial activity which is inconsistent with the orderly planning of the area and would set an undesirable land use precedent;

3. The proposal will result in an unacceptable disturbance to the site; and

4. The proposal will result in unacceptable increases of traffic in and around the site. MOVED COUNCILLOR CROPLEY That standing orders be suspended. SECONDED COUNCILLOR HENDERSON CARRIED (7.48PM)


Senior Planner (SP) provided an overview of the planning permit application received for a community market, which was the subject of a previous report to Council which had been deferred to enable information to be clarified. SP explained that the permit was required due to the Farming Zone within which the land was located. Mr Ian Batty (for the applicant) listed several points of interest in this matter including that a community market would complete the agricultural process; the fruit stalls along the Calder have set a precedent; and that traffic would be catered for on the new and well constructed road. Ms Ilse Scholes (applicant) detailed how the idea for the market came about and gave some background information on the direct seeding of the land by DSE. Ms Scholes indicated that the direct seeding did not take on the section of land in question and that the land was not suitable for anything else. Ms Scholes outlined her intention for the market to be a weekly market that enabled the oversupply of local home-grown vegies to be sold and to create a Village Green atmosphere that would bring the community together. SP clarified several points indicating that just because a use is not prohibited doesn’t mean that it will readily be allowed and that any parcel of land under 40 hectares requires a permit for a dwelling or commercial use. MOVED COUNCILLOR CROPLEY That standing orders be resumed. SECONDED COUNCILLOR TAYLOR CARRIED (7.59PM) MOVED COUNCILLOR CROPLEY That Council resolve to issue a Notice of Refusal to Grant a Planning Permit for Application 016/2009 to allow for the use for a weekly community market and associated works at 145 Leversha Road, Harcourt, on the following grounds: 1. The proposal does not adequately respond to the decision guidelines of the Farming Zone in

relation to compatibility with surrounding land uses, the environment and siting issues;

2. The proposal represents commercial activity which is inconsistent with the orderly planning of the area and would set an undesirable land use precedent;

3. The proposal will result in an unacceptable disturbance to the site; and

4. The proposal will result in unacceptable increases of traffic in and around the site. SECONDED COUNCILLOR CROSS CARRIED CR ACKLOM CALLED FOR A DIVISION Councillors that voted in favour of the motion: � Councillors Cross, Cropley, Henderson and Schier. Councillors that voted against the motion: � Councillors Taylor, Acklom and Redden.


FUT 02 – Attachments


FUT 03 CASTLEMAINE URBAN FOREST INTERFACE STUDY (23/180/004)

1. Purpose

The purpose of this report is to provide Councillors with the background to the Castlemaine Urban Forest Interface Project, and advise of its progress with a view to submitting a report to the next Council Meeting seeking approval to undertake a period of public consultation. Attachment 1 to this report consists of the Urban Forest Interface Study Executive Summary which is the principle document for community consultation purposes.


Including consideration of Economic, Social and Environmental impacts. The study accords with the Mount Alexander Shire Council Plan 2009 - 2013 which is to “To plan land use in order to manage and meet expected growth and minimise adverse impacts”. The requirement to undertake the study is mentioned within a number of clauses of the local policy section of the Mount Alexander Planning Scheme, namely: � Clause 21.03 Municipal Vision and Framework Plan. The Castlemaine Land Use Framework Plan

illustrates the interface areas and identifies it as a proposed study, providing the strategic imperative to undertake the project.

� Clause 21.04-2 Strengthening Castlemaine’s Regional Role, although the town is identified as the major town in the shire and earmarked as the preferred location for future expansion; the need to “protect the heritage and cultural values of the Castlemaine Diggings National Heritage Park from inappropriate urban development on abutting private land” is identified. This clause also identifies the need to prepare a Local Policy for Urban Forest Interface areas under Further Strategic Work.

� Clause 21.04-7 Protection of Biodiversity and Landscape discusses the need to protect native vegetation, biodiversity and habitat and environmentally sensitive areas; again the need for an Urban Forest Interface Study is reiterated.

In addition, Clause 22.32 – Happy Valley and Moonlight Flat Structure Plan provides (amongst other matters) protection for the adjoining Castlemaine Diggings National Heritage Park and is an example of where the interface areas have already been considered and associated planning controls approved.

3. Background

Amendment C24 implemented the “Three Year Review” of the Mount Alexander Planning Scheme. A large number of submissions to this review dealt with the potential impact of residential or rural residential development adjacent to forested Crown land, particularly the Castlemaine Diggings National Heritage Park, or privately owned forests and watercourses. The Planning Panel that considered Amendment C24 supported the need for a “buffer” between forested land and urban development. The Panel (Amendment C24 Planning Panel Report November 2005 p122) recommended that: � “The proposed Castlemaine Urban Forest Interface Study be given high priority by Council; � That the study area include all interfaces between existing or potential urban areas and the

Castlemaine Diggings National Heritage Park and other reserved Crown land, as well as the proposed areas of private forest; and

� Rezoning of the land for residential use adjacent to the proposed Castlemaine Urban Forest Interface Study area be deferred until the Study is completed.”


At its Ordinary Meeting of 23 August 2005, Council resolved to undertake the study. Councillors were further briefed on the project on 18 March 2008 when endorsement of the project brief was sought and a Councillor was nominated to participate in the Project Reference Group (PRG). A consultant was appointed in June 2008 to undertake the study and the project is now at the community consultation stage.

4. Issues

The consultant has undertaken the background research including a review of other interface controls and completed a site analysis of the study area. This has lead to the development of a set of draft recommendations in respect to zoning and overlays. This work will form the basis of the consultation phase. Three PRG meetings have been held to date. At the last meeting concern was expressed in respect to the content of the draft report. Some members believed there was no clear link between the site analysis and recommended controls for the study areas that were clearly understandable. Members agreed that it was important that the report was structured so that during the consultation phase, landowners were easily able to understand the potential impact upon their land and therefore respond in an informed way. Accordingly, the consultant has revised the report and officers have prepared an Executive Summary which will form part of the consultation material. By authorising the release of the material for consultation, Council is not endorsing any recommendation but merely approving the consultation phase.


The project has been provided for in Council’s budget in accordance with the adopted Strategic Planning Forward Program.

6. Consultation

The establishment of a PRG is a key component of management of the project and provides the opportunity for key stakeholders to be involved and act as a conduit to the community. Initially every landowner within the study area was advised by letter of the impending project and invited to nominate for membership of PRG. Landowner members were selected on the basis of their skills and geographic location to ensure membership was as representative as possible. The PRG membership comprises: 1. One Councillor

2. A Council officer (Strategic Planner)

3. Representatives from the Department of Sustainability and Environment

4. Landowner representatives x 2

5. Local community organisation representatives (Castlemaine Action and Friends of the Box Ironbark Forests)

6. Country Fire Authority

7. Parks Victoria

It is now proposed to commence the community consultation phase for a period of one month. This will include: � A mail out of the Executive Summary to all affected landowners

� Media release

� An open house style information session

� Comment boxes


� Information and report available on Council’s website

� Hard copies at Council offices and the library

It should be noted that a further period of consultation will occur during the second stage of this project, being the implementation of the study through an amendment to the planning scheme. One of the statutory requirements of an amendment is the formal public exhibition and notification of land owners and agencies for a period of one month.

7. Conclusion

The project is now at the consultation stage. Community feedback will inform the revision of the draft report and enable the project to proceed to the next stage. The completion of the study is a priority given its direct relevance to another Council project, the Diamond Gully Structure Plan.

RECOMMENDATION

That Council endorse the draft Urban Forest Interface Study for a period of public consultation.

Councillor Schier left the Chamber prior to the matter being considered, as he has a declared direct interest in the matter due to ownership of land that will be directly affected by the Study (8.06pm).

The CEO conducted the nomination process for a Chairperson, as the Mayor had a declared interest in this item.

Councillor Redden nominated Councillor Cropley as Chairperson. Councillor Henderson seconded the nomination. There were no other nominations received. Councillor Cropley took the Chair.

MOVED COUNCILLOR HENDERSON

That Council release the draft Urban Forest Interface Study for a period of public consultation of 1 month.

SECONDED COUNCILLOR REDDEN CARRIED

Councillor Schier returned to the Chamber and resumed the Chair (8.13pm).


FUT 04 PLANNING PERMIT APPLICATION 283/2008 – 14 LOT SUBDIVISION AT LOT G PS503415R, FITZGERALD CLOSE, CASTLEMAINE (PA283/2008)

1. Purpose

To make a determination on an application for a (14) lot subdivision at Fitzgeralds Close, Castlemaine. This application has been referred to Council for a decision because ten (10) objections to the application have been received and not withdrawn. Attachments include a copy of the plan of subdivision and an aerial photo of the subject land.


Including consideration of Economic, Social and Environmental impacts. Policy Implications The Council Plan 2006-2010 identifies the Municipal Strategic Statement (MSS) as an important policy to achieve triple bottom line sustainability objectives. It is considered that the proposal has demonstrated best practice in relation to this policy. Statutory Implications The following clauses of the Mount Alexander Planning Scheme are considered relevant to the application: State Planning Policy Framework Clause 15.01 – Protection of Catchments, Waterways and Groundwater The inclusion of a reserve to retain and manage stormwater on site supports the objective of this clause to minimise discharge and protect existing waterways. Clause 15.02 – Floodplain Management This policy requires flood risk to:

� Avoid intensifying the impacts of flooding through inappropriate uses and development.

Clause 15.05 – Noise Abatement This policy states its objective is to:

� Assist the control of noise effects on sensitive land uses.

Clause 15.06 – Soil Contamination This clause states its objective is to:

� Ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

Clause 17.03 – Industry This policy objective is:

� To ensure availability of land for industry and to facilitate the sustainable development and operation of industry and research and development activity.

Clause 18.09 – Water Supply, Sewerage and Drainage This policy objective is :

� To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment.

It is considered that the proposed subdivision is consistent with all the above policy objectives.


Municipal Strategic Statement Clause 21.03 – Castlemaine Land Use Framework (Plan 3)

� The Strategic Framework Plan for the Shire identifies the subject site as Wesley Hill stage 3 as an existing industrial area with infill potential.

Clause 21.04-3 – Industrial Development

� This policy identifies the need for small serviced industrial lots which encourage high standards of development and water efficiency. It is considered the subdivision responds adequately to the above issues and the broader objectives of the Municipal Strategic Statement.

Local Planning Policy Framework Clause 22.01 – Castlemaine This clause includes the following objectives within the Castlemaine area:

� Existing industrial areas are to be consolidated and protected from inappropriate development.

� Landscaping and amenity improvement works for new industrial developments are encouraged.

Clause 22.21 – Water Supply Catchment Area This clause includes the following policy objectives:

� To prevent pollution, increased nutrient loads and increased turbidity of water in watercourses, drains and other features.

� To prevent increased surface water run off, or concentration of surface water run off, leading to erosion, siltation, pollution of watercourses, drains and other features.

The inclusion of Water Sensitive Urban Design techniques will achieve the policy objective.

Clause 22.23 – Industrial Development This policy applies to industrial use and development throughout the Shire and includes policy considerations in relation to landscaping, amenity, access and drainage. It is considered that the proposed subdivision responds appropriately to the relevant policy guidelines. Zones Clause 33.01 – Industrial 1 Zone A planning permit is required in order to subdivide land in the Industrial 1 Zone. Before deciding on the application, in addition to the Decision Guidelines of Clause 65, the responsible authority must consider as appropriate:

� The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

� Any natural or cultural values on or near the land. � Streetscape character. � Landscape treatment. � Interface with non industrial areas.

The proposal has included a 30m reserve to manage stormwater and established a separation from nearby residential land which is consistent with all relevant planning policies. It is considered the proposal exceeds the objectives of the decision guidelines. Overlays Clause 42.03 – Significant Landscape Overlay 2 (Castlemaine Landscape Significance Area) This overlay covers the western part of the subject site which includes the existing creek and adjacent low lying areas.


The objectives of the overlay include: � To ensure all natural watercourses within the area are conserved and enhanced, preventing

water pollution and regulating development that may increase surface water run off or concentration of surface water run off leading to erosion.

The proposal will establish a reserve to service stormwater from the subdivision by using a bio retention system that will act as a filter prior to discharging into the creek. This technique meets the objective of the above policy.

Clause 44.04 – Land Subject to Inundation Overlay (LSIO) This overlay follows the line of the existing creek which traverses north south through the western area of the site. The purpose of this overlay includes:

� To ensure the development maintains the free passage and temporary storage of floodwaters, minimise flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level of flow velocity.

No development is proposed within the overlay and the proposed drainage retention system will improve water quality reduce the likelihood of flooding in the area. General Provisions Clause 65.02 – Decision Guidelines for Subdivision Before deciding on an application to subdivide land, the responsible authority must also consider, as appropriate a range of issues. It is considered that the proposal is consistent with all the relevant decision guidelines of this clause particularly in relation to drainage, layout, adjoining land and access. Aboriginal Heritage Regulations 2007 The site is within an area of Aboriginal cultural heritage sensitivity due to its location within 200 metres of a natural waterway. Under the regulations, the proposal is exempt from providing a Cultural Heritage Management Plan (CHMP) as the site has already undergone significance disturbance from previous alluvial mining activities. A background report was submitted by a qualified consultant who concluded that there was no record or evidence that the creek area was an area of cultural heritage significance. Contaminated Land The site has been subject to previous alluvial mining activities and is believed to contain low level contamination which is not uncommon to Central Victoria. EPA guidelines for potentially contaminated land set out a hierarchy of uses which may require further information prior to a use or development commencing. Under the Industrial 1 Zone no sensitive uses are permitted such as dwellings or child care centres therefore, the application did not require a detailed assessment in relation to this matter.

3. Background

The subject site is located at the western edge of Fitzgeralds Close adjacent to an existing industrial subdivision and is currently owned by Mount Alexander Shire Council. In 1992, a planning permit was issued for Stage 1 for adjacent land along Hitchcock Street and subsequent smaller subdivisions under stage 2 were approved which established Fitzgerald Close and Storage Court further west of Hitchcock St. The current proposal represents the remaining undeveloped land within the estate. The land is mainly cleared and slopes to the western end of the site which contains a small dam and a creek which traverses south to north. Also in this area is an existing sewer easement connecting Taylor Street in the north to the Bendigo-Melbourne railway line at the southern end. Some scattered non-native trees are located around the perimeter of the site. Like many sites in the area, it was subject to alluvial mining in the 1850s and underwent extensive ground disturbance. Concrete


foundations are located towards the centre of the site and are believed to be part of a former crushing plant which operated between 1945 and 1965. The site is bordered by the Bendigo-Melbourne railway line to the south, whilst residential land is located along the northern boundary fronting McGrath, Taylor and Prendergast Streets and to the west which front Scott’s Avenue. The existing stage 1 of the estate lies to the east and is accessed via Fitzgerald’s Close. The proposal is to subdivide the 5.2 hectare site as follows:

• Into 14 industrial lots ranging from 1224m2 to 4416m2: • To maintain an area comprising 7437m2 to be used as a reserve to manage stormwater; and • To keep an area of 7042m2 known as lot A as undeveloped land.

Fitzgerald’s Close is proposed to be extended as a one way return road to service the additional lots. Building envelopes are proposed for lots 7 and 8 to ensure minimum setbacks from nearby adjoining residential land. An existing 9 metre reserve abutting the northern boundary which is accessed from Taylor Street will be widened to 18 metres and include extensive landscaping treatment. The reserve will continue to provide rear access to dwellings fronting McGrath Street but not for the lots within the proposed subdivision.

4. Issues

Ten (10) objections were received as a result of notification of the application. The following is a summary of objectors’ concerns and additional planning issues to the application, followed by officer comment. Amended plans It was established during the consultation process that an agreement was approved in 2000 by Council to maintain an 18 metre buffer along the northern boundary of the site. Currently a 9 metre reserve which is accessed from Taylor Street abuts this boundary and provides informal access to the rear of properties fronting McGrath Street. Consequently, amended plans were submitted reducing the original proposal from 18 to 14 lots and to increase the original proposed buffer of 10 to 18 metres. The requirement of future buildings on lots 7 and 8 to be located forward of their respective lots and part of the new road to run parallel to the buffer will increase this area to an average of 30 metres along the entire length of the northern boundary. Permitted uses within the current Industrial 1 zoning Objectors raised concerns in relation to future industrial uses which may impact on nearby residences. The application involves the subdivision of land only and therefore, future uses will be regulated through the requirements of the current Industrial 1 Zone (IN1Z). Although several industrial uses are allowable under the IN1Z, the proposed lot sizes and minimum buffer distances required for more intensive uses would not meet the required set backs from residential land therefore effectively preventing such uses from establishing. Restriction on Title The requirement for a restriction on title will ensure that reserve land is maintained for the management of stormwater over the site and to control the siting of buildings on lots 7 and 8. Additionally, all lots within the subdivision will be required to access the estate from Fitzgerald’s Close. The proposed area known as lot ‘A’ adjacent to residential land along the western boundary will remain undeveloped as part of this application. The decision to use a restriction on title as opposed to a 173 Agreement is because the land remains Council owned and Council is unable to enter into such an agreement with itself. Access Concerns were raised in relation to increases in traffic entering the estate and whether the continued use of the existing entrance road network was capable of handling large trucks. Additional concerns included:

• existing measures were being ignored by motorists;


• speed of motorists;; • low clearance of overhead powerlines; and • consideration be given to an alternative access into the estate.

A traffic impact assessment was submitted which found that at 520 vehicle movements per day, the existing road network could carry well in excess of this volume which would gradually increase up to 720 per day when all lots are fully developed. The existing access route into the estate off the Pyrenees Highway via McGrath Street and Hitchcock Street was identified as having deficiencies and that other opportunities could be utilised. Therefore, the two most appealing alternative routes were considered in the traffic impact assessment, being Wallace Street (1) and the extension of Prendergast Street to the east of Hitchcock Street to the Pyrenees Highway opposite Farran Street (2). It was concluded that both of these alternatives satisfy the traffic needs with a preference for opening up of Wallace Street road reserve which would satisfy most of the traffic needs of the estate and reduce conflict between industrial and residential traffic. As a result of this altered approach, concerns have been raised regarding the change from a cul-de-sac (being Wallace Street) to a through road which would affect the ambience of this local area in terms of noise, property access and value. It is acknowledged the two abutting properties in Wallace Street would receive increased noise from passing traffic. However, from the two alternative routes discussed above, Wallace Street is the simplest and it satisfies all the traffic needs and makes access easier for industrial traffic. VicRoads has not objected to this alternative that would require a right turn lane from the Pyrenees Highway. Property values are not required to be considered under the Mount Alexander Planning Scheme and therefore not relevant to this application

Draft Urban Design and Landscape Guidelines To ensure the development delivers on the broader urban design and sustainability objectives of the project, the proponent also submitted a draft Urban Design and Landscape Plan which is intended to encourage sustainable design of buildings and best practice water management in the estate. The guidelines are expected to form the basis of a future proposal to apply a Design and Development Overlay (DDO) over the site through a separate planning scheme amendment. Some of these guidelines are already included in the proposal as part of the vegetation buffer and protection of the western area for stormwater management. The Guidelines are not currently able to be considered in assessing the application for subdivision.


Cost of potential appeal to the Victorian Civil and Administrative Tribunal.

6. Consultation

Initial notice of the application was given to all adjoining property owners and occupiers (25) by registered mail and a sign was placed on site. As a result of these proceedings, ten (10) objections were received and not withdrawn. A formal applicant / objector meeting was held on February 26, 2009. Following this meeting amended plans were circulated, however no objections were withdrawn. As a result of objector concerns, an amended traffic study recommending the option to open up the Wallace Street road reserve was submitted later in the planning process. Letters were sent to the four owners in Wallace Street who had not previously been required to be given notice and no formal objections were received from these landholders.


Additional to the statutory planning process, the applicant (Council’s Economic Development Unit) and its appointed consultant conducted community consultation during the assessment process to explain the broader concept and objectives of the proposed development. Referrals External Referrals � Coliban Water – No objection � Telstra – No objection � Powercor – No objection � Department of Sustainability and Environment – No objection � Tenix – No objection � Vic Track – No objection � Vic Roads – No objection Internal Referrals � Infrastructure Unit – No objection � Environment Officer – No objection

7. Conclusion

Council has received an application to subdivide land into (14) lots at Fitzgerald Close, Castlemaine. The land is zoned Industrial 1 and is currently vacant. Notice has been given and ten (10) objections were received and not withdrawn. The proposed subdivision has undergone a thorough assessment including extensive public consultation and amended plans. The site is currently undeveloped and represents the final stage of the Wesley Hill industrial estate which incorporates best practice in stormwater management and the provision of appropriate buffer reserves from nearby residential land. New access will be required into the estate via the existing Wallace Street road reserve which will provide a much improved route into Fitzgeralds Close. Having considered the objections and relevant policies, it is considered the proposal does meet the requirements of the Mount Alexander Planning Scheme and it is recommended that Council issue a Notice of Decision to Grant a Planning Permit.

RECOMMENDATION

That Council having considered the application and being of the opinion that the grant of a planning permit would not have a detrimental impact on the amenity of the area, resolve to issue a Notice of Decision to Grant a Planning Permit for a fourteen (14) lot subdivision of land at Fitzgerald Close, Castlemaine generally in accordance with the plans submitted with the application and subject to the following conditions:

1. Amended Plans

The subdivision must be amended to show; � site plan drawn to scale with dimensions to include building envelopes for lots 7 and 8; � 18 metre reserve to northern boundary and associated landscaping areas in accordance

with condition 3. Once approved, the amended plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of Council.

2. Preliminary Layout Plans The subdivision as shown on the endorsed plan(s) must not be altered except to accord with the final plan(s) prepared by a Licensed Surveyor. Once approved, the final plan(s) will be endorsed as part of the planning permit and must not be altered without the prior written consent of the Council.


3. Reserve

An area of 9 metres is to be set aside within the subdivision adjacent to the existing 9 metre reserve along the entire northern boundary to provide a total reserve of 18 metres. This reserve is to include access, fencing and re vegetation areas in accordance with the submitted landscape plan and approved by the responsible authority.

4. Restriction on title The following must be registered as a restriction on title: � showing building envelopes for lots 7 and 8 in accordance with endorsed plans and

approved by the responsible authority. � that lots 1-14 within the subdivision shall only have vehicle access from Fitzgeralds Close; � that reserve land must be maintained for the management of stormwater.

5. Engineering Requirements 5.1 The applicant shall provide a drainage system to drain all Lots to the legal point of discharge.

The drainage system shall be for both major and minor rainfall, be fully piped and shall be designed and constructed in accordance with the current Australian Rainfall and Runoff – Flood Analysis and Design for a 5-year annual recurrence interval. The drainage system shall include as a minimum.

5.2 Provision shall be made for a storm water retention system to limit flow downstream from the site to pre-development levels.

5.3 Easement drains with access pits shall be provided to all Lots falling away from the Road and/or to the rear of all Lots which slope toward adjoining properties.

5.4 Provision of cut off drains to protect adjoining properties. Provision is to be made to divert major rainfall (1 in 100 year) storm events away from the building envelopes of Lots within this subdivision and away from adjoining properties.

5.5 Provision to intercept litter prior to connection with any Council drain or discharge to a watercourse.

5.6 Designation of the minor and major flow paths shall be indicated on drainage plans. 5.7 Erosion control measures to be implemented to ensure stability of the existing drainage

system downstream of the point of discharge from the development. 5.8 The Applicant shall extent the proposed restrictions and guidelines for the development to

include: � that all lots within the subdivision shall only have vehicular access from Fitzgeralds Close; � that a suitable driveway shall be provided to each lot to the satisfaction of Council’s

Infrastructure Unit; The restriction shall be to the satisfaction of Councils Infrastructure unit and shall be in place prior to the issue of a Statement of Compliance for the development.

5.9 Apart from sewer and the underground storm-water drainage system all services are to be located within the road reserves.

5.10 Street lighting shall be provided to the requirements and satisfaction of both Powercor and the Responsible Authority.

5.11 Street trees are to be provided to the requirements and satisfaction of the Responsible Authority.

5.12 Fire plugs shall be provided to the requirements and satisfaction of both the CFA’s Regional Fire Safety Officer and the Responsible Authority. No building envelope is to be located further than 120m from a fire plug.

5.13 All existing and proposed easements and sites for existing and required utility services, drainage and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

5.14 In accordance with the submitted traffic management report, the applicant shall amend the proposal to use Wallace Street as the primary access. Prior to the commencement of any works on site, detailed construction plans to the satisfaction of VicRoads and Council’s Infrastructure Unit must be submitted and approved.

5.15 Before any road/drainage works associated with the development start, detailed construction plans must be submitted to and approved by the Council’s Infrastructure Unit. The plans must include details in relation to pavement and formation width, pavement depth, pavement type


and surfacing, drainage details and intersection treatments within the subdivision. Minimum requirements for the development include: � pavement design to be in accordance with the latest Austroads publications and

incorporating an asphalt wearing course; � rollover type kerb and channel to be provided on both sides of the road within the

subdivision; � concrete footpath on one side of proposed new roads including DDA compliant pedestrian

laybacks; � all internal roads shall be designed for a service vehicle (8.8m) as the primary design

vehicle and a single articulated truck (19m) as the secondary design vehicle. 5.16 Council is to be paid a fee of 0.75% of the total construction costs for these road works for the

approval of the said plans plus 2.5% for supervision of construction. Said fees to be paid prior to the commencement of any road/drainage works.

5.17 A Statement of Compliance will not be issued until all road and drainage works are completed to the satisfaction of Council’s Infrastructure Unit in accordance with the approved plans.

5.18 The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).

6. Landscaping Completion and Maintenance

The landscape area(s) shown on the endorsed plan(s) and identified in the submitted landscape report prepared by CPG Pty Ltd (formerly Coomes Consulting) must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose except with the prior written consent of the Responsible Authority.

7. Construction Phase All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.

8. Coliban Water 8.1 The applicant or owner is required to reach agreement with Coliban Water for the provision of

reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets.

8.2 The applicant is to provide evidence to the satisfaction of Coliban Water that existing private water pipes and sanitary drains do not cross the boundaries between lots. Where modifications to pipes or drains are required in order to satisfy this requirement, all work is to be carried out in accordance with AS3500 National Plumbing and Drainage Code of Australia and the relevant requirements of Coliban Water. Works to modify Coliban Water assests may only commence with prior approval by Coliban Water.

8.3 All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Authority.

8.4 All proposed sewers must be located at least 1 metre from an existing or proposed structure / boundary.

9. Powercor 9.1 The plan of subdivision submitted for certification under the subdivision Act 1988 shall be

referred to Powercor Australia Ltd in accordance with Section 8 of that Act. 9.2 The applicant shall:

� Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

� Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service


and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

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

� Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of “Powercor Australia Ltd” for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000.

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

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

� Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

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

10. Tenix

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

11. Telstra That a plan of subdivision submitted for certification be referred to Telstra in accordance with Section 8 of the Subdivision Act 1988.

12. Time for Starting and Completion This permit will expire if one of the following circumstances applies: (a) The subdivision is not started within two years of the date of this permit. (b) The subdivision is not completed within five years of the date of starting.

Council may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards. (NB: The starting of a subdivision is regarded by Section 68(3A) of the Planning and Environment Act, 1987 as the certification of a plan under Section 6 of the Subdivision Act, 1988. Completion is regarded as registration of the subdivision).

MOVED COUNCILLOR REDDEN That standing orders be suspended. SECONDED COUNCILLOR HENDERSON CARRIED (8.14PM)

Senior Planner (SP) provided an overview of the planning permit application received for the Wesley Hill Industrial Estate. SP explained that although Councils Economic Development Unit was the applicant the planning application was reviewed on its merits under Planning legislation. Mr Mike Kerwin (objector) expressed concern over the buffer zone and how it will be installed. He queried whether there would be a fence dividing the 18 metre buffer into two 9 metre buffers. Ms Lana Osterfield (objector) raised concerns over the present access to the Industrial Estate and queried the traffic study stating that she had witnessed many near accidents at the current entry/exit to the Estate. Ms Osterfield indicated that she felt the Wallace Street access option identified in the traffic report to be a band aid solution and that Option 5 of the report to be the best solution.


Mr Saul Roche (objector) raised concerns over the buffer zone and highlighted that planting and screening of the zone could not take place until the watercourse that runs through the zone is dealt with. He raised his concerns on this matter with Coomes Consulting and they indicated that it would take some major work to deal with the issue and that it would have to be completed prior to commencement of the development. Mr Les Fitzgerald (objector) raised concerns over the opening of Wallace Street and indicated that he was not convinced that Council would be able to compensate residents of this street and queried whether Council had considered these residents in its plans. Ms Eileen Sellers (objector) raised concerns over Wallace Street as the access for the estate and indicated that in her opinion it was a band aid solution. She was concerned over the increase in traffic from 10 cars per day to over 700. Ms Sellers also raised concerns over the impact to the ambience to the area, the difficulty in reversing from driveways and the hazardous Duke St / Wallace St intersection changes. She also raised concerns over the impact on property values that the Estate would have. Ms Sellers also tabled a joint letter. Ms Edna Reinhardt (objector) reminded Council that at the last meeting held with residents it was agreed that nothing could go ahead until the access issue was clearly resolved. Ms Helen Noonan (objector) raised concerns about the traffic that would be coming from 5 directions should the access be moved to Wallace Street. According to Ms Noonan getting out of Wallace Street at present was difficult but the suggested change would make it chaotic. She queried the need for road widening to accommodate access via Wallace Street and indicated that she thought it to be a band-aid solution and that it would spoil the atmosphere of the area. SP clarified several points indicating that the previous decision on the buffer zone has been noted and the plans upheld. He advised that all details of the buffer zone are to be part of the re-submitted plans and that there will not necessarily be a fence down the middle of the 18 metre buffer zone. SP also referred to the traffic study and the need to strike a balance between the study outcomes and the objections of residents and to the property values issues raised indicating that the Planning and Environment Act did not require this issue to be considered as part of the planning permit process. Director Economic and Social Development (DESD) indicated that there was no intention to have fencing down the middle of the buffer zone but that there would be fencing along the edge of the estate and the fence line of residents. Director Environment and Infrastructure (DEI) spoke to the concerns raised in regards to drainage in the buffer and indicated that no major design work had been undertaken as yet and that this would occur once a planning permit was issued. DEI acknowledged that access was an issue and that McGrath and Prendergast Streets were not appropriate and that all other options other than Wallace Street would involve a circuitous route. He indicated that the Wallace Street access would be part of the design process and that they would consult with residents to work towards a solution. DEI indicated that the design process would involve the community. MOVED COUNCILLOR CROPLEY That standing orders be resumed. SECONDED COUNCILLOR TAYLOR CARRIED (7.59PM)

MOVED COUNCILLOR CROPLEY That the recommendation be adopted. SECONDED COUNCILLOR REDDEN CARRIED


FUT 04 Attachment


FUT 05 VICTORIAN LOCAL GOVERNMENT ANNUAL COMMUNITY SATISFACTION SURVEY 2009 (14/200/3)

1. Purpose

To present the results for Mount Alexander Shire Council in the State Government’s 2009 Annual Community Satisfaction Survey for local governments.


Including consideration of Economic, Social and Environmental impacts. The Council Plan 2006-2010 provides a number of objectives related to the management and development of the municipality, its assets and for the provision of services. Council activities have been grouped under the Themes of Built Environment, Economy, Community, Natural Environment and Organisation. The Community Satisfaction Survey is used as an indicator of progress on a number of measures and is one source of feedback for Council on the extent to which Council services meet the community’s needs and expectations. There are no statutory implications arising from this matter.

3. Background

The 2009 Annual Community Satisfaction Survey for Local Government is the twelfth survey undertaken to measure how Victorian residents rate the performance of their local governments. Mount Alexander has been a consistent participant in the survey, which is funded from a small contribution by each participating municipality. In 2009, all but one of the 79 Victorian municipalities participated in the survey. The Annual Community Satisfaction Survey provides a consistent format for assessing Council’s performance across a number of key areas. The survey provides feedback to both the State Government and to the participating Councils on how the delivery of services and the key functions of local government are perceived by its community. Results in each municipality are rated against the expectations of the local community. A minimum of 350 residents are telephoned each year, providing a degree of statistical validity in which Councils can have considerable confidence.

4. Issues

Across Victoria the 2009 result saw 79 per cent of respondents rate their Councils overall performance as excellent, good or adequate. This compares with 69 per cent in 1998 but is a slight fall on the 2008 result of 80 per cent. Metropolitan Councils continue to report higher satisfaction with overall Council performance than country Councils, 82 percent compared with 78 percent respectively. The percentage of residents indicating Mount Alexander Shire Council’s overall performance was excellent, good or adequate has risen from 72 to 75 in 2009. The results for Mount Alexander Shire Council for the current year and the three previous years are shown in the table below.


Summary of results for Mount Alexander Shire Council over the past four years. Source: Local Government Community Satisfaction Survey 2009, Department of Planning and Community Development.

Measure 2006 2007 2008 2009

Overall rating 61 62 61 62

Advocacy 62 64 62 61

Community Engagement 57 62 58 61

Customer Contact 67 69 68 69

Local Roads and Footpaths 44 50 47 49

Health and Human services 73 76 74 75

Recreational Facilities 63 64 65 63

Appearance of Public Areas 68 70 67 69

Traffic Management and Parking 60 58 56 57

Waste Management 67 65 67 67

Enforcement of By Laws 64 64 65 62

Economic Development 56 62 58 58

Town Planning Policies and Approvals 53 55 54 52

The results for the 2009 survey reveal that Council’s overall result went up by 1 to 62. This reflects that whilst the majority of measures improved or stayed the same, several measures reduced in this survey.

A breakdown in the views of respondents to changes in Council’s performance shows 23% of respondents believed Council’s performance had improved in the last 12 months (same as 2007), 60% believe that it has stayed the same and 11% believe Council’s performance has deteriorated. There are high levels of satisfaction with Council’s Health and Human Services with 90% of respondents indicating that Council’s service was excellent, good or adequate. Increases are evident in the 2009 results for Local Roads and Footpaths and the Appearance of Public Areas. This may reflect Council’s increased investment in roads and footpaths and works to improve the condition of community buildings and public places in recent years. The results for Community Engagement and Customer Contact are also pleasing. The measure for Community Engagement increased from 58 to 61 with 66 per cent indicating Council’s performance was excellent, good or adequate. Customer Contact increased from 68 to 69 with 77 per cent indicating Council’s performance to be excellent, good or adequate. There are a number of areas identified for improvement. In particular, Advocacy, Recreational facilities and Town Planning Policies and Approvals. Council has recently completed preparation of the Council Plan for 2009 – 2013 and advocacy on key issues has been identified as a high priority. Particularly on the issue of water security for the Shire, a greater investment in public transport, improved telecommunications and quality education opportunities for our young people. Council has plans in place to upgrade the condition of sporting and recreation facilities over the medium term as it is clear that the community is seeking better facilities. An extensive strategic planning program is underway that will support responsive town planning processes and underpin review of the Mount Alexander Planning Scheme. These actions, along with the introduction of new software to improve information to applicants and objectors and an additional officer to ensure compliance with planning approvals, will support staff efforts to demystify and improve the accessibility of the planning system.



The Victorian Local Government Annual Community Satisfaction Survey 2009 was funded from an allocation in the 2008/09 Budget. Provisions have again been made in the 2009/10 Budget.

6. Consultation

The results from the Victorian Local Government Annual Community Satisfaction Survey 2009 have been the subject of an informal briefing with Councillors. The results are being discussed with staff across the organisation in the context of organisational improvement projects.

7. Conclusion

The Victorian Local Government Annual Community Satisfaction Survey 2009 results show an increase in Council’s overall result from 61 to 62. Whilst results for some services have improved since the last survey a number are identified for improvement. The results and the comments made by respondents will be used to guide the development of improvement opportunities for the organisation in the coming year.

RECOMMENDATION

That Council note the results of the Victorian Local Government Annual Community Satisfaction Survey 2009 for Mount Alexander Shire Council and make the results available on Council’s Website.

MOVED COUNCILLOR CROPLEY That the recommendation be adopted. SECONDED COUNCILLOR TAYLOR CARRIED


FUT 06 CONSIDER SUBMISSIONS TO THE 2009/2010 PROPOSED BUDGET (10/050/24)

1. Purpose

For Council to consider and determine on submissions to the 2009/2010 Proposed Budget. A summary of submissions received and officer recommendations is attached to this report.


Including consideration of Economic, Social and Environmental impacts. Local Government involves the exercise of government authority and the delivery of services, as well as the administration of state and federal government programs. Council makes decisions regarding the quality, quantity and distribution of services and who pays for the provision of those services. The Council budget enables Council to carry out the many functions, programs and services as detailed in the Council Plan. The budget process requires a formal submission process under Section 223 of the Local Government Act 1989. This process involved public notice of the proposed budget and hearing submitters at a meeting of Council.

3. Background

The Proposed Budget was received by Council at the Ordinary Meeting on Tuesday 26 May 2009. Subsequent to that meeting, public notice of the Proposed Budget was given in local newspapers calling for submissions under Section 223 of the Local Government Act 1989. The Proposed Budget was made available for inspection at various locations throughout the shire and on Council’s website and submissions in writing were received up until Tuesday 30 June 2009. A Special Meeting of Council was held on 7 July 2009 where Council received the 8 submissions and heard from 5 submitters wishing to be heard in support of their submission..

4. Issues

The issues raised at the Special Council meeting held on 7 July 2009 have been addressed as described in Attachment FUT 06.


Submissions to the Budget have been considered in light of the overall impact on the Proposed Budget. There is no change to the differential rates in the dollar to be struck by Council as a result of changes relating to the submissions.

6. Consultation

The proposed budget has been the subject of extensive consultation between officers and Councillors and also with the community. Community consultation took place through the Section 223 submission process and via community information sessions held at Castlemaine and Maldon during the public exhibition phase of the budget preparation.

7. Conclusion

Having prepared and put on public display the proposed 2009/2010 Budget and received and considered submissions, Council is now able to formally consider those submissions prior to adopting its 2009/2010 Budget (see later report).


RECOMMENDATION

That Council: 1. Adopt the recommendations to the Proposed 2009/2010 Budget as detailed in Attachment

FUT 06; and 2. Notify in writing the persons who lodged submissions of the decisions, and the reasons for

the decisions, in line with the comments provided in Attachment FUT 06.

MOVED COUNCILLOR REDDEN That the recommendation be adopted. SECONDED COUNCILLOR HENDERSON CARRIED


Attachment FUT 06

No. Summary Comment Recommendation

1 Requesting funds be allocated to put storm pipes in the gutter in front of 15 Gaffney Street, Castlemaine.

Following a site meeting with the submitter, it is proposed to construct a paved spoon drain as part of day to day operations in 2009/10.

No change to proposed budget.

2 Concerned about the fragmentation of local landcare capacity as a result of termination of coordinators. Requesting funding be allocated to support ongoing dialogue and information sharing between landcare groups and agencies.

The Federal Government has withdrawn funding for this service. Landcare groups will continue to be supported through existing Council programs.


3.1 Asserts that it is not possible for a volunteer group (Heritage Advisory Board) to survey heritage buildings without grant funding.

Council's Heritage Advisor is available to assist in the assessment of local heritage. A planning scheme amendment to implement the Newstead Heritage Study is included in the 2009/10 program.


3.2 Request that Council provide a small amount of money to implement heritage guidelines so that they are available for the Planning Compliance Officer.

There is an existing budget item for community education in the Heritage Program and this is considered adequate.


4.1 Request that a funding allocation be initiated in the current budget as a start to a planned program for the undergrounding of Maldon’s power over the next four years.

This is a major infrastructure project that has not been considered by Council at this stage.


4.2 Elm tree maintenance in Maldon. Request that within the budget allocation to tree maintenance, provision is made for Council membership of the organisation FOTE (Friends Of The Elms) for access to its expertise and support, for registration of the elm trees, and for the investigation and installation of some experimental devices for the natural watering of important street trees.

There are worthwhile benefits in Council being a member of FOTE. Annual subscription is a small amount which can be sourced from the operating budget.


4.3 Request that Council advertises the existence of the Restoration fund with a view to assisting owners of historical properties, integral to the tourism industry of the Shire such as the centre of Maldon, to restore the paintwork and historical signage remaining on buildings at a time of increasing economic constraint.

The operation of the Heritage Restoration Fund is promoted in the Maldon heritage planning brochure. The suggestion to more widely promote the Fund has merit and Council will explore opportunities to do this.




4.4 Request for early discussions between Maldon representatives, the Ward Councillor, the Heritage Advisor and Council to address the need for a pedestrian crossing in the High Street, Maldon.

The provision of a crossing in High Street, Maldon has been considered in the Maldon Urban Design Framework. The matter is scheduled for onsite discussion with VicRoads and local police in the near future.


4.5 Request Council to investigate the concept of reducing the size of the old Shire Offices building in the Maldon Public Gardens to restore the integrity of the public gardens and the streetscape.

The building is used by business and community groups and Council has no current plans for removal of the building.


4.6 Given recent works which are considered to be detrimental to the historical integrity of the cemetery, urge Council to allocate resources to seeking grants for a conservation study.

Council is not the responsible authority for the care and maintenance of the Maldon Cemetery.

The matter be referred to the responsible authority for consideration.

5.1 Concerned at the 8% rate rise placing this Shire in the top bracket of rural rate rises for the second year running.

It is acknowledged that an 8% rise in rates is higher than the average. Based on the MAV rates data for 2009-2010 this still places Council in the middle of the small rural Council group for average rates. The increased income is being directed to infrastructure improvements.


5.2 Council allocates funds to numerous halls around the shire. Budget documents indicate these amounts are often the same year-to-year. Whilst the individual amounts concerned are seldom substantial, they add up to a reasonable sum. Propose a review be conducted.

Allocations are made to support the management and operation of Community Halls across the Shire. A review of the allocations to community groups including hall management committees will be considered during the term of this Council.


5.3 Notes funds allocated in the proposed budget for the employment of a Compliance Officer. Believe this will be a waste of resources as laws are already in place dealing with every matter within Council.

The employment of a Compliance Officer is for the purpose of dealing with a range of relevant planning matters related to heritage, vegetation removal and development violations. There is also opportunity for the Compliance Officer to play an active education and awareness role to improve compliance and adherence to policy and guidelines




5.4 Council has employed an Economic Development Officer on and off for some time, but we have yet to see any worthwhile, substantial benefit to the economic viability of the community. Believe Council should either allocate considerably more funds to the Economic Development Unit to enable it to operate more effectively, or cease funding the area.

The Economic Development Officer is part funded by Regional Development Victoria. The role includes advocacy for the local business sector in a range of forums, information sharing and networking, supporting business and professional development opportunities for the sector, project management, preparation of and auspicing of funding submissions and planning for development. Specific projects being managed by the Economic Development Officer include Wesley Hill Industrial Estate development, matters relating to the Maldon Supermarket and the Harcourt After the Bypass project. The officer supports the auspicing role of Council in funding applications attracting significant funds to the Shire.


5.5 Observes that Tourism Services Unit is largely manned by volunteers, yet the wages bill creeps up year after year, now standing at $224,660. The income for this unit is again down this year. Believes budget allocation to this unit should be reduced by a minimum of $100,000.

Council will be undertaking a review of Council services to the tourism sector during 2009-2010. The volunteers at the Tourist Information Centre in Maldon and Castlemaine provide information to visitors to the Shire. There are a number of other functions performed by staff of the Tourism Services Unit including management of the Market Building, the Accommodation Booking Service, preparation of the Official Visitors Guide, management of the Tourism website, preparation of the Events Calendar, Event Board management and marketing and promotion of the Shire. The request for a reduction in expenditure is not substantiated by the breadth of work undertaken by the Unit.


5.6 Footpaths are a vital part of our infrastructure used by virtually every resident and ratepayer, yet once again we see they have been placed in the category of poor cousins to "environmental" projects. Less money is being spent on footpaths in this budget than in the last. How can Council justify spending less on facilities used by all residents while allocating $63,000 for a walking track to be used by a few? Proposes increased spending on footpaths rather than a decrease in light of increase in environmental projects.

The footpath budget for 2009/10 is more than for 2008/09. It is worth noting that expenditure on footpaths has increased significantly over recent years which is evident by the extent of new and refurbished footpaths during this period.




6.1 Submit that the public notices for the consultation process are deficient in that they do not satisfy the requirements of Section 223(1)(a)(iii) of the Local Government Act 1989, as the date, 30 June 2009, specified in the notice, by which submissions are to be submitted, is less than the required 28 days.

Council's first public notice for the proposed 2009/2010 Budget appeared in the Midland Express edition dated Tuesday 2 June 2009 being the required 28 day public exhibition period. This public notice was repeated in the Castlemaine Mail and Tarrengower Times editions dated Friday 5 June 2009.


6.2 Indicates that there are calculation errors requiring to be rectified.

No specific issues warranting response. The proposed budget has been prepared in accordance with Statutory requirements and industry best practice.


6.3 Objects to proposed 8% rate rise particularly in light of the current economic climate. A 4% rate rise would be more realistic and could easily be achieved by reducing overall expenditure by 1.7%. Proposes to limit the rate rise to 4%.

It is acknowledged that an 8% rise in rates is higher than the average rate rise. Based on the MAV rates data for 2009/10 this still places Council in the middle of the small rural Council group for average rates. The increased income is being directed to infrastructure improvements.


6.4 Indicates that employee costs of $8,783,000 could be reduced.

Council's analysis of employee cost levels in comparison to like sized Councils indicates that Mount Alexander is placed at similar levels to other Councils. Local government is a predominantly labour oriented service provider and receives significant grant funding towards some of these services.


7 Request that Council commit the $140,000 allocated in the proposed budget for 2010/11 to the Castlemaine Skate Park Stage 2 forward to the budget year 2009/10. Completed surveys at the park found a total of 242 young people registered as using the park in the month of February 2009 for skating and bike riding.

Council acknowledges the interest of young people in the development of the second stage of the Skate Park. Council will be approaching the State Government for funding to assist the delivery of Stage 2. The recently completed dirt jumps near the skatepark represent an expansion of recreation opportunities for young people.


8.1 Rate increase does not appear to be maximising value for every dollar.

Council analysis of employee cost levels in comparison to like sized Councils indicates that Mount Alexander Shire is placed at similar levels to other Councils. Local Government is a predominantly labour oriented service provider and receives significant grant funding towards some of these services.


8.2 Is Council's support for halls, groups and facilities representing value for money?

Section 86 Committees manage a number of facilities and events on Council's behalf. Small grants are provided to many and these are specifically listed in the proposed budget.




8.3 Suggests potential duplication in Health and Tourist and Information Services. The Faulder Watson duplicating services at Tourism Centre.

The Mount Alexander Community Information Centre is an independent community group providing information on a broad range of community services and activities within and beyond the Shire. The Visitor Information Centres have a focus on visitor information. Council officers have regular discussions with the Community Information Centre about the operation of information services.


8.4 How are Section 86 Committees running and how much do they cost ratepayers?

Section 86 Committees manage a number of facilities and events on Council's behalf. Small grants are provided to many and these are specifically listed in the proposed budget.


8.5 Commuting costs associated with senior staff living in other shires and spending money there.

Council's employment arrangements are consistent with public sector practices generally. Council recruits the best applicant for the position and doesn't discriminate on place of residence or other grounds.


8.6 Review of catering Budget. Council allocates modest funding for catering to support a range of civic and community functions.


8.7 There doesn't appear to be much saving on retro fitting to make the Shire more sustainable.

Council is starting to achieve some substantial savings due to energy saving initiatives. This is evidenced with reduced expenditure on energy across a number of our major buildings.


8.8 What is the role of the Economic Development Officer? Is this person applying for grants to help struggling businesses?

The role includes advocacy for the local business sector in a range of forums, information sharing and networking, supporting business and professional development opportunities for the sector, project management, preparation of and auspicing of funding submissions and planning for development. Council does not apply for grants for individual businesses.


8.9 Questioning the need for an Asset Officer.

Council manages over $165 million of assets comprising roads, bridges, buildings and other infrastructure. The Assets Officer is responsible for maintaining information systems and schedules to ensure that these assets are maintained in a safe and serviceable condition for the benefit of the community.


8.10 Request for a heritage study to be completed.

Amendment to implement the Newstead Heritage Study is included in the 2009/10 program.


8.11 Unspent capital works each year indicates too high an amount set. Request that it be reduced to a realistic amount that can be physically achieved.

It is acknowledged that this has been an issue in the past but the 2008/09 program will be completed except for projects that are dependent on specific decisions to proceed and funding from external providers.




8.12 Comment on rate rises rather than looking for savings and the impact on the elderly and people who aren't receiving an increase in wages.

Council analysis of employee cost levels in comparison to like sized Councils indicates that Mount Alexander Shire is placed at similar levels to other Councils.


8.13 Request that Council work harder to obtain more funds from Government bodies.

Grant funding from other levels of funding continues to be an important source of income and Council has been extraordinarily successful in this regard in recent years.



FUT 07 ADOPTION OF PROPOSED 2009/2010 BUDGET (10/050/24)

1. Purpose

To consider adoption of the Proposed Budget for the 2009/2010 year, declare the rate for the 2009/2010 financial year, adopt the fees and charges included in the 2009/2010 Budget and give public notice of that decision in accordance with the Local Government Act 1989. Attachment FUT 07 contains some minor amendments to the Budget.


Including consideration of Economic, Social and Environmental impacts. This Budget has been prepared having considered the Council priorities and commitments including the Council Plan and Long Term Financial Strategic Plan. Council has provided public notice of the 2009/2010 Budget, considered submissions under Section 223 of the Local Government Act and after formal adoption of the Budget, will give public notice of that adoption and forward a copy of the budget to the Minister. Council is required to adopt the Budget prior to the end of August.

3. Background

The Proposed Budget for the 2009/2010 year was received at the Ordinary Meeting of Council held on Tuesday, 26 May 2009. Subsequent to that meeting, public notice of the proposed adoption of the Budget, in accordance with Section 129 of the Act, was given in the Midland Express, Castlemaine Mail and Tarrengower Times. The Proposed Budget was made available for inspection at various locations throughout the Shire with submissions in writing being received up until Tuesday 30 June 2009. A Special Meeting of Council was held on 7 July 2009 to receive the eight (8) submissions and hear from five (5) submitters wishing to be heard in support of their submission.

4. Issues

Copies of submissions were provided to Council at the Special Meeting held on 7 July 2009. Council has formally considered those submissions in the Officer report preceding this report (FUT 06 Consider Submissions to the 2009/2010 Proposed Budget). A list of adjustments made to the proposed budget is included as an attachment to this report (Attachment FUT 07). These changes reflect minor amendments to the Budget in light of new or confirmed information as well as addressing minor typographical errors identified in the document after the Budget was first proposed. There is no change to the rate in the dollar from the original Proposed Budget.


The adoption of the Budget provides Council with the framework for the allocation of resources with which to achieve Council’s 2009/2010 objectives as detailed in the Council Plan.

6. Consultation

The Proposed Budget has been the subject of extensive consultation between officers and Councillors. Council has also undertaken a public consultation process for the 2009/2010 Budget and held community information sessions to assist the community in understanding the budget. A Special Council meeting to hear from submitters was held on 7 July 2009.


7. Conclusion

Having prepared and put on public display its proposed financial year 2009/2010 Budget and received and considered public submissions, Council is now able to formally adopt the 2009/2010 Budget.

RECOMMENDATION

That Council: 1. Having received and considered submissions on the Proposed Budget, to adopt as its budget

the 2009/2010 Budget, which is tabled at this meeting and annexed to this resolution and initialled by the Mayor for identification purposes;

2. Authorise the Chief Executive Officer to give notice of this decision to adopt the Budget, in

accordance with Section 130(2) of the Local Government Act 1989; 3. Note that it requires $12,620,850 to be raised by the application of rates and charges declared

under Section 158, Section 159 and Section 162 of the Local Government Act 1989; 4. Formally declare the Rates Levies and Annual Service Charges for the 2009/2010 rating year as

follows:

� In accordance with Section 158, Section 159 and Section 162 of the Local Government Act 1989, the following rates and charges are declared for the rating year commencing 1 July 2009 and ending 30 June 2010.

� An amount of $12,620,850 (or such other amount as is lawfully raised as a consequence of this Resolution) be declared as the amount which Council intends to raise by general rates, municipal charge and annual service charges, which amount is calculated as follows:

General Rates 8,574,500$

Municipal Charge 2,055,000$

Service Charges 1,991,350$

Total 12,620,850$ 5. Declare a general rate in respect of the 2009/2010 Financial Year;

6. It be further declared that the general rate be raised by the application of differential rates;

7. Respectively declare a differential rate for rateable land having the respective characteristics

specified below, which characteristics will form the criteria for each differential rate so declared:

General Rate � The general rate applies to all rateable land except that which is classified under another

differential rate. Land Management Rate � All rateable land which has previously satisfied Council’s Farm Rate criteria (i.e. used

solely for the purpose of farming as defined in Section 2(1) of the Valuation of Land Act) save and except for properties which have an area of 20 hectares or less (excluding properties which qualify as a single farm enterprise) and have satisfied Council’s guidelines for land management activities over a 12 month period.


Vacant Land Rate � All vacant rateable land. Recreational Rate � The recreational rate applies to all rateable land upon which sporting, recreational or

cultural activities are conducted and including buildings which may be ancillary to such activities.

Commercial Rate � All rateable commercial land.

8. Determine each differential rate by multiplying the Capital Improved Value of each rateable land

(categorised by the characteristics described at point 7 of this resolution) by the relevant percentages (or cents in the dollar of Capital Improved Value) indicated in the following table:

Differential Rate %

General Rate 0.3173

Land Management Rate 0.2856

Vacant Land Rate 0.3560

Recreational Rate 0.1911

Commercial Rate 0.3446

9. Record that Council considers that each differential rate will contribute to the equitable and

efficient carrying out of Council functions;

10. Confirm that no amount is fixed as the minimum amount payable by way of general rate in respect of each rateable land within the municipal district;

11. Record that Council grants no rebate or concession in accordance with Section 169 (1) of the

Local Government Act 1989;

12. Declare that no incentives be given by Council for the payment of general rates before the dates fixed or specified for their payment under Section 168 of the Local Government Act 1989;

13. Declare a municipal charge of $201.00 for all rateable land save and except for those rateable

properties which qualify for an exemption as single farm enterprises;

14. Declare an annual service charge, for the collection and disposal of refuse, in respect of the 2009/2010 Financial Year. � The annual service charge be in the sum of, and based on the criteria, set out below

Category2009/2010

Charge

140 litre Garbage Bin 302.00$

80 litre Garbage Bin 232.00$

� The annual service charge (140 litre Garbage Bin) of $302.00 will apply to properties

where a garbage collection service is provided and the capacity of their refuse bin is 140 litres.

� The annual service charge (80 litre Garbage Bin) of $232.00 will apply to properties where a garbage collection service is provided and the capacity of their refuse bin is 80 litres.


15. Interest on Rates and Charges

� Declare that interest is to be charged in accordance with Section 172 of the Local Government Act 1989, on any amounts of rates and charges which have not yet been paid by the date fixed by the Minister in accordance with section 167 of the Local Government Act 1989; and

� That the interest to be charged is at the rate fixed under Section 2 of the Penalty Interest Rates Act 1983, that applied on the first day of July immediately before the due date for payment; and

� That if the rates and charges are being paid in instalments, interest is to be calculated from the date on which the instalment was due; or

� That if the rates and charges are being paid in a lump sum, interest is to be calculated from the date on which the rate or charge was declared.

16. Consequential

� Allow the payment of rates and charges in full by 15 February 2009 pursuant to Section

167(2A) of the Local Government Act 1989. � Authorise the Director Corporate Support to levy and recover general rates and charges

and the annual service charges described earlier in this resolution, in accordance with the Local Government Act 1989; and

� Authorise the Director Corporate Support to extend the due dates for payment of rates and charges without penalty, where deemed necessary; and

� Authorise the Chief Executive Officer or his delegate under Section 171 (1) of the Local Government Act 1989 to waive in whole or in part, interest charges due where application of interest would cause financial hardship.

17. Fees

� Resolve to adopt the Fees and Charges for the 2009/2010 financial year as itemised in

the annexed 2009/2010 Budget to this resolution and as initialled by the Mayor for identification purposes.

MOVED COUNCILLOR CROPLEY That the recommendation be adopted with an amendment to the date listed in the first dot point of section 16 to reflect 15 February 2010. SECONDED COUNCILLOR HENDERSON CARRIED


Attachment FUT 07

2009/2010 BUDGET AMENDMENTS List of financial adjustments made to Original Proposed Budget

Item

No.

Budget

Page No.Description Financial Year

2009/2010

Original

Amount

2009/2010

Amended Amount

Inc/(dec) in

funds available

1 46

Transfer from Energy/Water Saving

Reserve to fund retro fit of street

lighting

2009/2010 -$ 25,000$ 25,000$

1 132Retro fit street lights with energy

efficient globes2009/2010 -$ 25,000$ (25,000)$

-$ The adjustment shown above results from:

1. The omission from the proposed budget of an allocation for the retro fitting of street lights with energy efficient globes. This item is funded from a transfer from the Energy/Water Saving Reserve (transaction also omitted from the proposed budget).

Other adjustments made to the proposed budget are:

1. Movement of Planning Compliance and Property Management from the operating budget to the special projects budget and showing these allocations for the 2009/2010 and 2010/2011 financial years only. This adjustment results in an increase in Council’s surplus for the financial years 2011/2012 onwards and reflects the need to review these services at the conclusion of the 2010/2011 financial year; and

2. Minor typographical changes.


FUT 08 ANNUAL PLAN 2009/2010 (06/150/001)

1. Purpose

For Council to consider the proposed Annual Plan setting out the major projects and initiatives to be delivered in 2009/2010. Refer to the Attachment for a copy of the Plan.


Including consideration of Economic, Social and Environmental impacts. Council has prepared a Council Plan for 2009 to 2013 and a Budget for 2009/2010 in accordance with the provisions of the Local Government Act 1989 (“the Act”). The Council Plan sets out the aspirations of the Council and the strategies and objectives to achieve the Council’s vision for the Shire. The budget allocates resources to the activities and services that Council has identified as important to the achievement of Council’s vision. The Annual Plan will be prepared each year and sets out the major projects and initiatives to be delivered. Progress against the Plan will be reported to Council and the community each quarter and in the Annual Report in accordance with the Act.

3. Background

In developing the Council Plan for 2009 to 2013 and the Budget for 2009/2010, Council has developed a comprehensive vision for the Shire and mapped out key areas where Council has a major contribution to make in achieving the vision. The program for 2009/2010 includes projects and initiatives involving community engagement processes, construction and maintenance activities, planning and policy development, advocacy to external bodies on strategic issues and complements the extensive range of ongoing services provided by Council. Council will each year prepare an Annual Plan setting out the major projects and initiatives to be delivered in the ensuing year. Reporting progress against the Plan will complement the other regular reporting that Council undertakes in relation to the Budget (including Key Strategic Activities), Capital Works Program, corporate performance indicators for service areas and Council Plan strategic indicators.

4. Issues

The Annual Plan for 2009/2010 has been structured around the key priority areas in the Council Plan. These are listed below: � Strengthening Our Community; � Partnering for Better Services; � Ensuring a Prosperous and Diverse Local Economy; and � Creating a Sustainable Future. The budget allocated for each project is shown, also the funding source, responsible Council officer and an anticipated start and end period. Where the funding source is indicated as the operating budget, this reflects that there is not a specific or new funding allocation for the initiative but rather part of the ongoing program. The program is fully funded.


All matters raised in this report which have financial implications have been reflected in the 2009/2010 budget. All projects listed in the Annual Plan are fully funded from a range of internal and external sources.


6. Consultation

Councillors have participated in a lengthy planning process to develop the Council Plan and formulate a Budget to deliver on the major commitments for 2009/2010. Council has conducted public comment/participation processes for the Council Plan and Budget in accordance with the requirements of the Act.

7. Conclusion

In developing the Council Plan for 2009 to 2013 and the Budget for 2009/2010 Council has identified the need to prepare an Annual Plan setting out the major projects and initiatives to be delivered in the ensuing year. Reporting progress against the Plan will complement the regular reporting that Council undertakes in relation to the Budget (including Key Strategic Activities), Capital Works Program, corporate performance indicators for service areas and Council Plan strategic indicators.

RECOMMENDATION

That Council adopt the Annual Plan appended to this report and that progress against the Plan be reported to Council and the community each quarter.

MOVED COUNCILLOR REDDEN That the recommendation be adopted. SECONDED COUNCILLOR CROPLEY CARRIED


FUT 09 LAND MANAGEMENT SUPPORT GRANTS 2009 (11/050/016)

1. Purpose

For Council to consider the applications received for the 2008 Land Management Support Grants (LMSG) Program and make a determination on the allocation of grants based on the assessment of the Environment Officer. Refer to Confidential Attachment FUT 09. The information in this attachment is designated as confidential information in accordance with Section 77(2)(c) of the Local Government Act 1989 on the grounds that the release of personal details might cause detriment to Council or any persons Section 89(2)(h).


Including consideration of Economic, Social and Environmental impacts. Allocation of funds to private land owners via the LMSG Program is consistent with the Council Plan 2006 – 2010. In particular Objective 3.1 which outlines the following strategies:

a) Promote and encourage sustainable land management on private land.

b) Increase community awareness of environmental issues and encourage environmentally focused behaviour.

c) Provide opportunities for the community to participate in environmental protection, planning and natural resource management.

The funding is provided by Council to support natural resource management activities of individual land owners currently receiving the Land Management Rate. Australian taxation legislation requires that goods and services tax (GST) be applied to any grant for which an acquittal is required.

3. Background

The funding is tied in with the land management rebate in that those property owners who receive the annual land management rebate are invited to apply for a Council grant to undertake further environmental works on their properties. The program is aimed at supporting on-ground environmental works, including

� The hire of registered contractors (eg: spraying contractor);

� The purchase of materials (eg: exclusion fencing of remnant vegetation or for the establishment of new plantings, plants or chemicals); or

� The hire of equipment (eg: direct seeder or spray unit).

It does not cover whole projects or boundary fencing. Applicants are advised that the funds are available on a ratio of up to 1:1. In-kind labour/contributions are not accepted and where a consultant and/or contractor is to be engaged, a written quote is to be provided. A principal assessment of applications was undertaken to determine whether the applicant has provided all the required information for a thorough assessment of the application. Applications are then assessed against the following selection criteria:


� The project is not simply based on day-to-day agricultural management systems but is focussed on a genuine land enhancement activity;

� The project proposal is feasible within the indicated timeframe;

� The matching funding request indicates a cash contribution on a 1:1 ratio;

� The environmental works aim to enhance the natural environment as well as improve on-farm productivity;

� Whether the project proposal is best suited to be funded through other grants programs (eg: Fencing of waterways via the North Central Catchment Management Authority); and

� The itemised funding request is justified, reasonable and/or sufficient to undertake the proposed works.

4. Issues

Letters were sent to all 2008/09 Land Management Rebate recipients inviting them to apply for funding from the program. Twenty five applications were received requesting a total amount of $32,982 out of an available funding pool of $4,000 allocated in the 2008/09 financial year.

Of the twenty five applications received:

� Nine applications fully met the criteria requirements.

� Eleven applications did not contain sufficient information to be considered eligible for funding.

� Two applications met the criteria but were deemed to be eligible for other more appropriate funding from other sources.

� Three applications provided sufficient detail, however, there was a miscalculation in the funding request and is therefore considered only partially eligible for the funds requested.


Total funding, if approved, will amount to $7872.50. This exceeds the budget allocation of $4,000 by $3,872.50. However, as the 2008/09 budget allocation of $5,000 for Remnant Conservation Rebates will be under subscribed by $4,000 this financial year due to a less than anticipated landowner response in submitting annual reports, it is recommended that the over expenditure be funded from this allocation.

6. Consultation

The Shire Landcare Coordinators have been consulted on the suitability of the project for LMSG funding and advice sought regarding the availability of more appropriate funding from other external sources for projects.

7. Conclusion

The LMSG Program provides an important avenue for Council to develop and nurture the interest of individual landholders in better natural resource management.


RECOMMENDATION

That Council: 1. Approve the funding of applications in accordance with Confidential Attachment FUT 09; and 2. Notify in writing all successful and unsuccessful applicants of the outcome of their

applications. MOVED COUNCILLOR CROSS That the recommendation be adopted. SECONDED COUNCILLOR CROPLEY CARRIED

8.2. STRENGTHENING OUR COMMUNITY (COM)

Nil Reports

8.3. PARTNERING FOR BETTER SERVICES (PAR)

Nil Reports

8.4. ENSURING A PROSPEROUS AND DIVERSE LOCAL ECONOMY (ECO)

Nil Reports


9. DELEGATES REPORTS

Councillor Schier reported on the recent Australian Local Governance Association National Congress. Cr Schier reported that there were 3 days of debating and that the main topics under discussion were Climate Change, Infrastructure and Financial Arrangements. The topic of Climate Change centred on rising sea levels and increased fire risk, while Infrastructure included communications infrastructure such as broadband cabling and availability and Financial Arrangements included discussion on federal funding to Councils via State Governments.

10. NOTICE OF MOTION

Nil.

11. URGENT SPECIAL BUSINESS

Nil.

12. MEETING CLOSE

Meeting closed at 9.22pm.