11 February
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6513 Minutes of the Open Section of the meeting of the Shire of Campaspe Council, held in the Echuca Council Chamber, on 11 February 2003 commencing at 7.00pm. PRESENT: Councillors John Elborough, Neil Repacholi, Peter Williams, Murray McDonald, Greg Toll and Marion Riley. OFFICERS: Phil Pearce, Jean Andrews, Ralph Kop, Phil Higgins 1. APOLOGIES Cathie Halliday COUNCILLORS RILEY/ REPACHOLI CARRIED 2. CONFIRMATION OF MINUTES COUNCILLORS TOLL / MCDONALD That Minutes of the Council Meeting held on 10 December 2002 be accepted as a true and correct record. CARRIED 3. DECLARATION OF INTERESTS Nil 4. PETITIONS Nil 5. INWARDS CORRESPONDENCE Nil 6. COUNCILLORS REPORT Cr Williams Shire of Campaspe – Open section Reported on the following: Planning application meeting 16/1/03 Heritage Advisory Committee Meeting 23/1/03 Australia Day ceremony Echuca 26/1/03 Hare Street Traders 29/1/03 Campaspe Cohuna Local Learning Employment Network meeting 29/1/03 11 February 2003 6514 Cr Repacholi Cr McDonald Cr Riley Cr Toll Shire of Campaspe – Open Section Asset Management works 3/2/03 Echuca Art & Culture Advisory meeting 4/2/03 Library redevelopment 4/2/03 Echuca Moama Business Traders Association 5/2/03 Professor Xu future conference on rivers 5/2/03 Echuca Regional Health Board meeting 5/2/03 Southern 80 launch & presentations 7/2/03 Campaspe Stormwater meeting (VSAP) 10/2/03 Youth Strategy Workshop 11/2/03 Youth Strategy Steering Committee 11/2/03 Reported on the following: CDMA Telephone Tower opening Campaspe Economic Development Board meeting Echuca Low Density Residential Land Review Golden Cow meeting Campaspe Cohuna Local Learning Employment Network meeting Australia Day ceremonies Echuca Industrial Land meeting Drought meeting, Koyuga Graham Road Dust Suppression meeting Environmental Rebate meeting Reported on the following: Review Environmental Rebate Policy Rochester Hall Committee meeting Mt Scobie Transfer Station - trial plastic wrap machine Australia Day Residents meeting, Campaspe St, Rochester Reported on the following: 150th Victoria Police celebrations 8/1/03 Australia Day – Colbinabbin, Toolleen, Rushworth Reported on the following: Lockington with Ralph Kop re: crossing repair 30/1/03 Council Assets meeting 3/2/03 Greenhouse Gases meeting, Bendigo 5/2/03 Campaspe Stormwater Meeting (VSAP) Rochester 10/2/03 Gunbower Citizens Advisory Group 11/2/03 11 February 2003 6515 Cr Elborough 7. Reported on the following: Water Stand Pipe, Rushworth Goulburn Valley Water Australia Day Ceremonies Second Bridge Crossing media release Skate Park meeting, Rochester Social Drought Taskforce meeting, Melbourne Northern Oval Recreation Committee Management meeting Met delegation from Echuca Netball Association CHIEF EXECUTIVE OFFICER’S REPORT RECOMMENDATION That the above Chief Executive Officers and Councillors Reports be received and noted. COUNCILLORS WILLIAMS / TOLL That the recommendation be adopted. CARRIED 8. MUNICIPAL MANAGEMENT 8.1 Adoption of Internal Audit Committee Meeting Minutes (P Higgins, General Manager Corporate Services) 1. Purpose To adopt the Internal Audit Committee Meeting minutes of the meeting held on 12 December 2002. 2. Background The Audit Committee meeting was attended by Committee members, Clive Pilley, Alana Brennan, Alan Darbyshire, Cr Marion Riley, and guest Gavan Waters. Issues discussed at the meeting were: Review of Internal Audit Reports Review of Quarterly Performance Statement Amendment of Audit Plan until June 2003 Refer to Confidential Attachment 8.1 for copy of the Minutes. 3. Balancing the Focus Community Outcomes: Shire of Campaspe – Open section Provides representation, advocacy and effective decision making, being accountable to the community. 11 February 2003 6516 Financial: Nil financial cost, however the Internal Audit Committee facilitates the ongoing need to have an Internal Audit function and Audit Committees to assist Council in reaching a best practice level. Service Delivery: No impact Organisational Development: Develop and maintain effective management systems which are adaptable to the changing demands of the modern work environment and enhance balanced decision-making. RECOMMENDATION That the Minutes of the Internal Audit Committee meeting held on 12 December 2002, be adopted by Council. COUNCILLORS RILEY/ WILLIAMS That the recommendation be adopted. CARRIED 8.2 Budget Review (P Higgins, General Manager Corporate Services) 1. Purpose To receive and note the budget review of the Council to 31 December, 2002. 2. Background The quarterly performance statement to December, 2002, has been issued and it details an improvement in the expected budget outcome, as follows: Original Budget September Review November Review December Review Variance since November review $400,000 Deficit $399,666 Deficit $303,923 Deficit $291,964 Deficit $11,959 (F) The quarterly performance statement highlighted various areas that require continued monitoring due to drought conditions as well as several areas showing a favourable position. In addition there have been some additional major capital projects that will require funding within the foreseeable future including land development, saleyards and economic development. 3. Balancing the Focus Community Outcomes - Shire of Campaspe – Open Section The statement is to be presented to the internal Audit Committee at its next meeting and this gives the document a wider community focus, in 11 February 2003 6517 addition to the wide community consultation that occurs with the original budget. Financial - The variation to the budget is detailed above and represents an improvement on the original budget. Service Delivery - No impact, as any alterations to the budget are made based on at least maintaining the existing level of service. Organisational Development - Input from CMT and various Managers have been obtained on this document RECOMMENDATION That the quarterly performance statement to December 2002: be received and noted; that the number and magnitude of the identified unfunded major projects be recognised; that Council continue to monitor the budget and look for savings that can be channelled into these projects at a future budget review or years end, when the actual financial result is clearer; and ensure that there is adequate capacity within our budget to cater for a change in climatic conditions. COUNCILLORS RILEY / REPACHOLI That the recommendation be adopted. CARRIED 9. COMMUNITY SUPPORT 9.1 Fundraiser Ticket Price Policy, The Paramount (Irene Pagram, Arts and Culture Officer) 1. Purpose To receive and ratify the policy: Paramount Fundraising Ticket price (Attachment 9.1) 2. Background This policy has been derived from recommendations from the previous report to Council 3. Content The policy contains all the recommendations Shire of Campaspe – Open section 11 February 2003 6518 4. Issues Nil 5. Options Nil 6. 7. Balancing the Focus Community Outcomes: Provides equity of opportunity to all groups Financial: Negligible, bulk discount offset by increased ticket sales Service Delivery: Provides a transparent policy to the community Organisational Development: N/A Consultation Councillors, C.E.O., General Manager C & C, Team Leader C D., A & C Officer 8. Officer Comment Nil RECOMMENDATION Receive and Ratify the Policy: Paramount Fundraising Ticket Price. COUNCILLORS TOLL / WILLIAMS That the recommendation be adopted. CARRIED 9.2 Ticket Price Reduction Policy, The Paramount (Irene Pagram, Arts and Culture Officer) 1. Purpose To receive and ratify the policy: Paramount Ticket Price Reduction (Attachment 9.2) 2. Background 3. This policy has been derived from recommendations from the previous report to Council Content The policy contains all the recommendations 4. Issues Nil 5. Options Nil Shire of Campaspe – Open Section 11 February 2003 6519 6. 7. Balancing the Focus Community Outcomes: Provides equity of opportunity to all groups Financial: Negligible, reduction in price offset by increased patronage Service Delivery: Provides a transparent policy to the community Organisational Development: N/A Consultation Councillors, C.E.O., General Manager C & C, Team Leader C D., A & C Officer 8. Officer Comment Nil RECOMMENDATION Receive and Ratify the Policy: Paramount Ticket Price Reduction. COUNCILLORS TOLL / WILLIAMS That the recommendation be adopted. CARRIED 10. ENVIRONMENT & AMENITY 10.1 Planning Permits Issued Under Delegated Authority (K Baker, Planning Assistant) A) Planning Applications Determined Under Delegated Authority: November 2002 Application Number Applicant Property Proposal 82-2001-473 Mark Langenbacher (Haydon) Bangerang Road, Echuca Use and development of 27/11/2002 the land for a dwelling 82-2002-019 Paul and Andrea Bacon Toolleen Angle Road, Muskery Use and development of the land for a caretakers dwelling less than 20 metres from a road 25/11/2002 82-2002-181 Treston Gas 64 Albion Street, Kyabram Use and development of the land by the installation of a utility (LPG gas) 18/11/2002 82-2002-220 Cornelia Creek Community Surface Old Deakin Drain 5P Use and development of the land for a community 08/11/2002 Shire of Campaspe – Open section Date Issued 11 February 2003 6520 Drainage Scheme surface drain 82-2002-235 Shire of Campaspe Campaspe Esplanade from Anstruther Street footbridge to corner of Homan Street, Echuca Development of the land for informal outdoor recreation (path) 20/11/2002 82-2002-339 Lliart Pastoral Company Pty Ltd 492 O’Donnell Road, Rochester Development of the land by the construction of a dairy and effluent ponds 25/11/2002 82-2002-341 Gerard Brandrick Architects Pty Ltd (Giorgianni) 527-529 High Street, Echuca Development of the land by the installation of street furniture (bollards and chain to define outdoor eating area) 21/11/2002 82-2002-382 Filkel Pty Ltd 16 Darling Street, Echuca Use and development of the land for two dwellings 14/11/2002 82-2002-429 Land Management Surveys (Breen) Bolithos Road, Kyabram Subdivision of the land into three lots 01/11/2002 82-2002-441 Mark Langenbacher (Doidge) 7 Sawyers Ave, Kyabram Subdivision of the land into five lots 06/11/2002 82-2002-445 Stephen Kennedy 66-70 Murray Esplanade, Echuca Signage 13/11/2002 82-2002-463 Scott and Louise Lothian 18 Haslam Street, Kyabram Development of the land by the construction of an extension to the existing dwelling 07/11/2002 82-2002-470 Neil and Kristine Thomas 377 Mary Ann Road, Echuca Use and development of the land for a museum and brewery 05/11/2002 82-2002-474 GR and PA Carey 3490 Praire Rochester Road, Tennyson Development of the land by the construction of three eco shelters 01/11/2002 82-2002-475 Alan Davies 11 Moora Road, Rushworth Development of the land by the painting of the fire station 06/11/2002 82-2002-508 Eddie Kempinski Cnr O’Keefe and Rogers Street, Development of the land by the construction of two 21/11/2002 Shire of Campaspe – Open Section 11 February 2003 6521 Kyabram dwellings 82-2002-509 Christine Chandler 12 Phillips Street, Rushworth External repainting of dwelling 05/11/2002 82-2002-513 John Lambden 3 Moora Road, Rushworth Use and development of the land for a caretakers dwelling 04/11/2002 82-2002-515 Malcolm and Alison Dunstan 757 Day Road, Tongala Development of the land by construction of two outbuildings 07/11/2002 82-2002-518 Vesna Designs Harrimans Road, Waranga Use and development of the land for a dwelling 01/11/2002 82-2002-524 Duncan and Kate Worsfold 1088 Graham Road, Tongala Development of the land by the construction of dwelling additions 04/11/2002 82-2002-525 Ron and Judy Kay 274 O’Donnell Road, Rochester Subdivision of the land into two lots 06/11/2002 82-2002-527 TJ and PD Nulty 529 High Street, Echuca Erection of advertising signage 05/11/2002 82-2002-532 Amelia Smith 7 Watson Street, Tongala Development of the land by the erection of a dwelling 02/12/2002 82-2002-533 Barrie and Caroline Stenborg Weppner Road, Colbinabbin Development of the land by the construction of a shed (garage) 07/11/2002 82-2002-537 Andrew Medlicott 69 McMillan Road, Echuca Use of the land for a retail premises (motor vehicle sales) 04/11/2002 82-2002-544 D A Zanella 178 Simmie Road, Echuca Village Development of the land by the construction of extensions to the existing dwelling 08/11/2002 82-2002-546 Gerard Brandrick and Associates Murray Valley Highway, Wharparilla Use and development of the land for a dwelling and outbuilding 14/11/2002 82-2002-547 Mark Langenbacher (Christie) 62 Dudley Street, Rochester Procedural Plan 01/11/2002 82-2002-552 Kenneth and Barbara Campbell McEwen Road, Tongala Use and development of the land for a dwelling 29/11/2002 Shire of Campaspe – Open section 11 February 2003 6522 82-2002-553 Dale Denham (Welch) 1-11 Service Street, Echuca Use and development of the land for a laundrette, retail outlet and caretakers dwelling 02/12/2002 82-2002-557 David and Karen Howard 305 Allan Street, Kyabram Development of the land by the construction of an outbuilding (garage) 18/11/2002 82-2002-558 Dianne Apps 107 Latham Road, Echuca Development of the land by the construction of outbuildings to dwelling less than 5 metres from boundaries 20/11/2002 82-2002-559 Ashley French Murphy Road, Echuca Use and development of the land for a shed 08/11/2002 82-2002-561 Caroline and James Campbell Cantwell Road, Echuca Use and development of the land for a dwelling 15/11/2002 82-2002-563 Mark Langenbacher (Main) Cnr Whinfield Road and Bamawm Hall Road, Bamawm Subdivision of the land into two lots 27/11/2002 82-2002-567 Mark Langenbacher (Brereton) Echuca West School Road, Echuca West Use and development of the land for a dwelling 21/11/2002 82-2002-568 Mark Langenabcher (Brereton) Echuca West School Road, Echuca West Use and development of the land for a dwelling 21/11/2002 82-2002-577 Rob and Tracey Caldow 243 Island Road, Gunbower Use and development of the land for an inground swimming pool 19/11/2002 82-2002-590 Robert and Kim Day 60 Henderson Road, Tongala Use and development of the land for a shed 29/11/2002 WFP-2002-046 Macroom Pty Ltd 597 Echuca West School Road, Echuca West Whole Farm Plan 19/11/2002 WFP-2002-078 T and Y Touhey 3232 Heathcote Rochester Road, Colbinabbin Whole Farm Plan 15/11/2002 RECOMMENDATION: Shire of Campaspe – Open Section 11 February 2003 6523 That the planning applications determined and whole farm plans certified under delegated authority be received and noted. COUNCILLORS RILEY/ MCDONALD That the recommendation be adopted. CARRIED B) Planning Applications Determined Under Delegated Authority: December 2002 Application Number Applicant Property Proposal Date Issued 82-2001-610 Patho Piggery Investments Pty Ltd Patho Station Road, Patho Development of the land by the construction of an extension to the existing intensive animal husbandry facility 10/12/2002 82-2002-304 Mark Langenbacher (McCarthy) 140 Bowen Street, Echuca Development of the land by the construction of five dwellings 18/12/2002 82-2002-411 Brian Harland (Edwards) 42-44 Ogilvie Ave, Echuca Staged subdivision of the land into 11 lots with common property and removal of part Reserve No.1 03/12/2002 82-2002-417 Bonlac Foods Ltd GirgarreRushworth Road, Stanhope Removal of Native Vegetation 10/12/2002 82-2002-489 Leanne and Cameron McMullan 568 High Street, Echuca On premises liquor license 20/12/2002 82-2002-496 Beca Simons (Coliban) Campaspe Street, Rochester Use and development of the land for a Utility Installation (upgrade existing water treatment and storage system), the removal of native vegetation and associated works 16/12/2002 82-2002-530 Michael Monahan (Bru-Lee Pty Ltd) 215 Service Street, Echuca Development of the land for two dwellings and subdivision of the land into two lots 03/12/2002 Shire of Campaspe – Open section 11 February 2003 6524 82-2002-539 James McLaurin (Bickley) 5130 HeathcoteRochester Road, Rochester Re-subdivision of the land into two lots 13/12/2002 82-2002-540 John Lock 252 Hare Street, Echuca On-premises Liquor License 02/12/2002 82-2002-543 Geoffrey and Tanya Haw 2242 Finlay Road, Tongala Use and development of the land for re-location of a dwelling and erection of an outbuilding 12/12/2002 82-2002-565 Wayne Rickard – Wesfarmers Landmark 53-61 Ogilvie Ave, Echuca Erection of an internally illuminated advertising sign 05/12/2002 82-2002-571 Jerome Whitcroft 47 Haverfield Street, Echuca Development of the land by the construction of alterations to the existing retail façade and garage 16/12/2002 82-2002-574 Brian Harland (Maxwell) Graham Road, Kyabram Use and development of the land for a dwelling 12/12/2002 82-2002-578 Deborah Dunn 1950 Matheson Road, Tongala Development of the land by the construction of extensions to the existing dwelling 12/12/2002 82-2002-581 Earth Tech (Wyatt) Waranga Basin Road, Rushworth Subdivision of the land into two lots 20/12/2002 82-2002-582 Earth Tech (Brentnall) 998 Hansen Road, Bamawm Re-alignment of boundaries 16/12/2002 82-2002-586 Land Management Surveys (Anderson and Cricelli) 58 Fischer Street, and 34 Munro Cres., Kyabram Re-subdivision of the land into two lots 12/12/2002 82-2002-587 Graham Hodgson 22 Hare Street, Echuca Use of the land for a medical centre and erection of a business identification sign 18/12/2002 82-2002-588 Gerard Brandrick and Associates 252 Hare Street, Echuca (former Post Office) Development of the land by the display of signage 19/12/2002 82-2002-592 Noel Hindson 251 Fenaughty Street, Kyabram Use and development of the land for a storage shed 16/12/2002 Shire of Campaspe – Open Section 11 February 2003 6525 82-2002-595 Ken and Heather Wells 606-608 High Street, Echuca Signage 18/12/2002 82-2002-596 Russell Day 183 Hare Street, Echuca Development of the land by the construction of a doorway entrance 09/12/2002 82-2002-601 Rodney Gailey 116 Bamawm Road, Bamawm Development of the land by construction of a shed for domestic and farm storage 04/12/2002 82-2002-602 Bob Ferguson Cooma Road, Kyabram Use and development of the land for a dwelling and outbuilding 18/12/2002 82-2002-605 Metro Signs Pty Ltd 239-249 Hare Street, Echuca Display of an internally illuminated sign (replacement sign) 09/12/2002 82-2002-608 Mark and Gail McDougal 32 Murray Drive, Wharparilla Use and development of the land for a dwelling and a shed 12/12/2002 82-2002-609 Metro Signs 37-45 Heygarth Street, Echuca Display of an internally illuminated sign (replacement sign) 11/12/2002 82-2002-611 Amanda Block 264 Hare Street, Echuca External painting of existing building and display of signage 19/12/2002 82-2002-617 Ashley Dobell Belt Road, Runnymeade Use and development of the land for a second dwelling (share farmers residence) 23/12/2002 82-2002-619 R Lewis 5 Morton Street, Rochester Development of the land by the construction of an extension to the existing dwelling 20/12/2002 82-2002-622 Dale Denham (Genio) 27 Park Street, Kyabram Development of the land by the construction of an extension to the existing dwelling 18/12/2002 82-2002-625 Russell Sage 17 McMillan Road, Echuca Development of the land for a freestanding carport 23/12/2002 WFP-2002-068 Bonlac Food Ltd Girgarre Rushworth Road, Stanhope Whole Farm Plan 10/12/2002 WFP-2002-079 Andrew Hipwell McColl Road, Whole Farm Plan 11/12/2002 Shire of Campaspe – Open section 11 February 2003 6526 Girgarre WFP-2002-082 Neil Eichentopf 149 Alfred Road, Wyuna Whole Farm Plan 11/12/2002 WFP-2002-086 BW and CW Toohill 65 Agnes Road, Wyuna Whole Farm Plan 11/12/2002 WFP-2002-089 D and J Larcombe 594 Looker Road, Echuca Whole Farm Plan 23/12/2002 Recommendation: That the Planning Applications determined and Whole Farm Plans certified under delegated authority be received and noted. COUNCILLORS REPACHOLI / MCDONALD That the recommendation be adopted. CARRIED 10.2 Seed Collection from roadsides within the Shire (L. Anderson, Environmental Officer) 1. Purpose To standardise requirements for persons wishing to collect native vegetation seed from roadsides within the Shire of Campaspe, and to ensure Council’s register of roadside seed collector requests and permits is current and complete. 2. Background Council is deemed responsible for the control and management of all trees, saplings, shrubs, underwood and timber on roadsides; as set out in The Forests Act (1958). Individuals and organisations wishing to collect native vegetation seed from roadsides within the Shire are therefore required to seek Councils permission prior to undertaking any seed collecting on roadsides. NRE require collectors to have written consent from Council in order to obtain a seed collection permit which allows roadside seed collection. Works to be undertaken on roadsides within the Shire are subject to Local Law Number 3 – Roads, streets and public places. The purpose of the local law is to ensure both public safety and amenity through management of Council’s roads and public places. Furthermore the Shire’s Roadside Management Plan (2000) outlines actions and timelines to guide council in achieving sustainable management of roadsides. 3. Issues Compliance with Local Law No 3 To date, individuals seeking permission to collect seed from roadsides have not been made aware of the requirement to comply with the Local Law. Register of collectors and record of collection sites Shire of Campaspe – Open Section 11 February 2003 6527 There is no up-to-date register of collectors who currently have permission to collect seed from roadsides. Currently requests for permission and letters of permission to collect seed from roadsides have been filed inconsistently. Thus there is no way of easily identifying who has permission to collect seed, or locations from which seed has been collected. 4. Options Compliance with Local Law No 3 All collectors who currently have permission to collect seed from Shire roadsides will be contacted to bring this requirement to their attention. All current collectors will be informed they are required to comply with the following in order to retain their permission: a) Permit conditions will include: a high visibility vest shall be worn by each individual carrying out an activity on the roadside and the work site to be appropriately sign posted. All persons carrying out an activity under the permit must be covered by a public liability insurance policy of $10 million. b) The fee for this permit will be NIL for non-profit seed collectors. c) Permits for roadside seed collection will be valid for a maximum of 3 months. Register of collectors and record of collection sites It is proposed a new subject index titled Roadside Management Plan be created under Environment, all seed collection requests and permission letters will be filed under this subject. Seed collectors will also be requested to inform Council of areas they have collected seed from to enable monitoring of areas collected. This will help ensure particular areas are not over collected, and will assist in developing a rotational collection system as proposed in the Roadside Management Plan. 5. Balancing the Focus Corporate Plan 2002-2005 Community Outcomes Provide proactive leadership to the community in protecting the environment. Protect and provide a sustainable environment through appropriate local laws. 6. Financial No impact Service Delivery No impact Organisational Development No impact Consultation The community seed bank was contacted to ascertain their position on proposed changes, although they were not currently aware of the need for a works permit they saw no problems with compliance. Current private collectors approached did not see a problem with the requirement for a works permit providing it was valid for a few months. Shire of Campaspe – Open section 11 February 2003 6528 RECOMMENDATION That Council adopt the above as standard for native vegetation seed collection on roadsides within the Shire. COUNCILLORS TOLL/ WILLIAMS That the recommendation be adopted. CARRIED 10.3 Bag Yourself a Better Environment Month, March 2003 (L. Anderson, Environmental Officer) 1. Purpose To seek Council endorsement for a Clean Up Australia Day “Bag Yourself a Better Environment” program to be promoted shirewide. 2. Background The issue of reducing our use of plastic bags is not one with a short-term solution. Currently, less than one per cent of the six billion plastic bags used in Australia are being re-used and only ten per cent of households take their plastic bags to a central collection point, other than a dump, for recycling. Bag Yourself a Better Environment Month (BYBE) is a national month of action that commences following the National Clean-up Australia Day in March. The Bag Yourself a Better Environment program encourages shoppers and retailers to take action and participate in their local area by finding ways to reduce, reuse, recycle and replace plastic bags. The objectives of the program are to: 1. Raise consumer awareness on alternatives to plastic shopping bags 2. Raise consumers and retailers awareness of the environmental, economical and social impacts of plastic bag use and associated waste management and recycling issues 3. Inspire and facilitate consumer and retailer action to use alternative shopping bags and refuse, reduce, reuse and recycle plastic bags through a National month of action 4. Reduce the quantity of plastic bags going to landfill and polluting our waterways, beaches, coasts, roads, parks and bushland Over 1000 Coles and Woolworths stores around the country have previously participated in the campaign, as well as Australian Geographic stores and Calstores convenience stores (Caltex) nationally, and a huge range of other retailers from small supermarkets, newsagents and chemists to general stores. The program seeks support from the community, including Councils, to become ambassadors for the program. The role of ambassadors is to co-ordinate and encourage participation in Bag Yourself a Better Environment month in their local area. Shire of Campaspe – Open Section 11 February 2003 6529 3. Issues A co-ordinated approach to this national program will raise awareness of the issues associated with the use of plastic bags, and thus have maximum impact on reducing the volumes of bags used by customers across the Shire. The reduction in use of plastic bags results in fewer bags in the general waste stream, which end up in either landfill or as litter on our streets and in our waterways. Local businesses that may be interested in participating may not participate due to a lack of awareness of the program. 4. Options It is proposed the Shire of Campaspe, through the Environmental Officer, become ambassadors for the BYBE program and co-ordinate the program across the Shire in 2003. This will involve promotion of the program and encouragement of participation to retailers and consumers. Media releases and other promotional materials are available for use from the national Clean Up office. It is proposed promotional activities to encourage participation in the program will be run in Echuca, Kyabram, Tongala, Rushworth and Rochester providing retailer support is gained. 5. Balancing the Focus Corporate Plan 1999 ~ 2002 Community Outcomes Provide proactive leadership to the community in protecting and enhancing the environment. Protect and provide a sustainable environment through appropriate initiatives. 6. Financial No impact Service Delivery No impact Organisational Development No impact Consultation The Clean Up Australia Day campaign is a national program endorsed by all tiers of Government and in this respect consultation is not required. Individual retailers will be approached as the program is undertaken, their participation will be voluntary. RECOMMENDATION That Council endorse the national Bag Yourself a Better Environment program, and coordinate a Shire wide promotional program for March 2003. COUNCILLORS WILLIAMS / MCDONALD That the recommendation be adopted. CARRIED Shire of Campaspe – Open section 11 February 2003 6530 10.4 Signing and Sealing of a Section 173 Agreement (Suzy Thomas, Land Use Planner) 82-2002-582 1. Purpose To seek Council’s approval to sign and seal a Section 173 Agreement in accordance with Condition 5 of Planning Permit No. 82-2002-582. 2. Background 2.1 On 16 December 2002, Council’s Delegate issued Planning Permit No. 82-2002-582 for a two-lot subdivision (re-subdivision) of land known as Part of Crown Allotment 33 (Vol. 9000 Fol. 737) and Crown Allotment 32, Section B, Parish of Bamawm, commonly known as 998-1070 Hansen Road, Bamawm (refer to Attachment 10.4). The approved lots consist of 1.765ha (Lot 1) and 62.68ha (Lot 2). 2.2 Condition 5 of the permit stated: “5. Agreement under Section 173 of the Planning and Environment Act 1987 The applicant must enter into an agreement under Section 173 of the Act with the Responsible Authority to prohibit subdivision of Lot 2 on the proposed Plan of Subdivision No. PS510974M. The agreement must be prepared and registered on the Certificate of Title at full cost to the applicant”. The condition stems from the provisions of Council’s Interim Agricultural Policy in the Campaspe Planning Scheme. 2.3 Local policy A1 outlines that it is Council policy to restrict small lot subdivision of high quality agricultural land, and local policy A2 outlines that it is Council policy to adopt subdivision sizes which reflect farm viability. To ensure the land is not further fragmented in the future, it is considered appropriate that the subdivision be approved on the basis that no more than two lots are created from the land. To ensure compliance with this, it is considered appropriate to require the applicant to enter into an agreement under Section 173 of the Planning and Environment Act to prohibit further subdivision of the proposed Lot 2. 3. Issues 3.1 The agreement is required as a condition of the above permit. Failure to comply with all conditions of the permit will result in the approved subdivision not being issued with a Statement of Compliance, and therefore not being able to be registered at the Titles Office. 3.2 The agreement will be registered on the Certificate of Title and will be binding on all future owners. 4. Balancing the Focus Community Outcomes: Proposed agreement supports Council’s strategic land use policy. Financial: The owners of the land are required to bear all costs associated with the preparation and lodging of the agreement. Shire of Campaspe – Open Section 11 February 2003 6531 5. Service Delivery: No impact Organisational Development: No impact Consultation Consultation with adjoining landowners is not required. RECOMMENDATION That Council sign and seal the Section 173 Agreement relating to land known as proposed Lot 2 on PS510974M. COUNCILLORS REPACHOLI / TOLL That the recommendation be adopted. CARRIED 10.5 Signing and Sealing of a Section 173 Agreement (Suzy Thomas, Land Use Planner) 82-2000-324 1. Purpose To seek Council’s approval to sign and seal a Section 173 Agreement in accordance with Condition 5 of Planning Permit No. 82-2000-324. 2. Background 2.1 On 22 September 2000, Council’s Delegate issued Planning Permit No. 82-2000324 for a two-lot subdivision of land known as Crown Allotment 16, Parish of Millewa, commonly known as Northern Highway, Echuca (refer to Attachment 10.5). The approved lots consist of 5.565ha (Lot 1) and 239.9ha (Lot 2). 2.2 Condition 5 of the permit stated: “5. Agreement under Section 173 of the Planning and Environment Act 1987 The developer must enter into an agreement under Section 173 of the Act with the Responsible Authority that in the event of Lot 1 or Lot 2 being further subdivided or developed for a dwelling along Spiers Road, that Spiers Road must be constructed and sealed from the Northern Highway to the west side of Lot 1 and/or to the entry of any further subdivided or developed Lot 2 along Spiers Road. The developer must be responsible for the full cost of construction and sealing”. 2.3 The condition is a requirement of Council’s Design Engineering Unit. 3. Issues 3.1 The agreement is required as a condition of the above permit. Failure to comply with all conditions of the permit will result in the approved subdivision not being issued with a Statement of Compliance, and therefore not being able to be registered at the Titles Office. Shire of Campaspe – Open section 11 February 2003 6532 3.2 The agreement will be registered on the Certificate of Title and will be binding on all future owners. 4. 5. Balancing the Focus Community Outcomes: Proposed agreement is consistent with Council’s engineering requirements in relation to the construction and sealing of roads. Financial: The owners of the land are required to bear all costs associated with the preparation and lodging of the agreement. Service Delivery: No impact Organisational Development: No impact Consultation Consultation with adjoining landowners is not required. RECOMMENDATION That Council sign and seal the Section 173 Agreement relating to land known as proposed Lot 1 and Lot 2 on PS449359X. COUNCILLORS REPACHOLI / MCDONALD That the recommendation be adopted. CARRIED 10.6 Direction by Council on the Sale of Land – property behind North Street Echuca – (Ken Kidd, Administration Manager) 1. Purpose To seek Council’s direction on the sale of land behind North Street, Echuca (attachment 10.6). 2. Background Council has received an offer from Mr Keith Rowan of 22 North Street Echuca to purchase park land behind his property for the purpose of erecting a Granny Flat. For him to comply with the requirements for erecting this building he needs to have 40 square metres of private open space for each building. The land behind this property contains sections that may be contaminated but as yet Council are not aware of what sections these are. For Council to be able to identify these sections, the EPA would have to be consulted and soil test conducted on the land. This would be at considerable cost to Council and then Council would have to place a caveat on this land stating that the land could never be built on. If Council was to agree to the sale of this land to Mr Rowan, we would then be obliged to offer other residents that have property backing onto the land, the sale of land behind their premises. Shire of Campaspe – Open Section 11 February 2003 6533 3. Balancing the Focus Community Outcomes: 4. Financial: The offer of $3,000 has been made to Council. Council would have to spend in the vicinity of $60,000 to have this land tested by the EPA. Subdivision cost would have to be met. Consolidation costs to be met. Service Delivery: No impact Organisational Development: No impact Consultation No Statutory requirements have been complied with at this time. No referral authorities have been consulted. RECOMMENDATION That Council not proceed with the sale of the land. COUNCILLORS TOLL / RILEY That the recommendation be adopted. CARRIED 10.7 Direction by Council on the Sale of Land – property Fraser Street Rochester (Ken Kidd, Administration Manager) 1. Purpose To advise Council and seek direction on an offer to purchase land in Rochester being lots 9 – 15, PS 31949, Fraser Street. 2. Background Brad Gibson from Rochester submitted an offer on the land in December. The parcel consists of six (6) lots on one title. Five of the six lots are a declared flood zone and can’t be developed, fenced or filled. The one remaining lot can be built on however, considerable amounts of fill will need to be consolidated onto this lot before any development can take place. The valuers believe these lots are very well situated close to both the Rochester shopping centre and the Campaspe River reserve and walking tracks (attachment 10.7a). They also believe that if the blocks were to be exposed to the market demand could be quite strong. 3. Balancing the Focus Community Outcomes: Shire of Campaspe – Open section No impact 11 February 2003 6534 4. Financial: Mr Gibson has made an offer for the properties of $26,000 total. Service Delivery: No impact Organisational Development: Nil Statutory Implications A valuation has been received from Hann McKenzie for $42,500 (attachment 10.7b). 5. Consultation Nil at this time. RECOMMENDATION That Council offer the land for sale through auction. COUNCILLORS REPACHOLI / MCDONALD That item 10.7 be deferred CARRIED 10.8 Town Planning Application 82-2002-347 (Andrew Cockerall, Senior Land Use Planner) 822002-347 Brian Harland made a presentation to Council prior to consideration of this item. 1. Purpose To seek Council’s decision in relation to Planning Application No. 82-2002-347 for a 14 Lot subdivision. 2. Applicant / Owner The applicant is Mr. Brian Harland (Planright). The owner is Mr. P.S. Ferrier 3. Subject Land The subject land is described as Crown Allotments 68, 69 and 70, Parish of Echuca North, County of Rodney, commonly known as 652 Lady Augusta Road, Echuca. The land also has frontage to Mary Ann Road and Benson Road (refer Attachment 10.8a). The land is used as a fully operational irrigated dairy farm and includes an associated dwelling and farm buildings. 4. Zoning The land is zoned Rural Living (RLZ) under the Campaspe Planning Scheme and is also affected by a Salinity Management Overlay (SMO) and partially affected by a Land Subject to Inundation Overlay (LSIO). The SMO is proposed to be deleted from the site as Shire of Campaspe – Open Section 11 February 2003 6535 part of Amendment C14 to the Campaspe Planning Scheme. Amendment C14 will also result in the Floodway Overlay being applied to part of the east half of the site (along the depressions). The land to the north, east and south is zoned Rural Living and the land to the west is zoned Rural. All adjoining land is affected by the SMO and partially affected by the LSIO. The purpose of the Rural Living 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 residential use in a rural environment. To encourage: An integrated approach to land management. Protection and creation of an effective rural infrastructure and land resource. Improvement of existing agricultural techniques. Protection of the bio-diversity of the area. Value adding to agricultural products at source. Promotion of economic development compatible with rural living activities. Development of new sustainable rural living enterprises. To ensure that subdivision promotes effective land management practices and infrastructure provision.” The subdivision provisions of the zone are similar to that within the Rural Zone with the exception of the minimum lot size, which is eight(8) hectares. The provisions state that “a permit may be granted for smaller lots in any of the following circumstances: The subdivision is the re-subdivision of existing lots. The number of lots must not be increased and all lots must be at least 0.4 hectare. The number of lots is no more than the number the land could be subdivided into in accordance with a schedule to this zone. All lots must be at least 0.4 hectare. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title. The subdivision is by a public authority or utility service provider to create a lot for a utility installation.” The decision guidelines for the Rural Living Zone include such relevant considerations as: “The capability of the land to accommodate the proposed use or development, addressing site quality attributes including soil type, soil fertility, soil structure, soil permeability, aspect, contour and drainage patterns. How the use or development relates to rural land use, rural diversification and natural resource management. The maintenance of farm production and the impact on the local rural economy. Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining and nearby land uses. Shire of Campaspe – Open section 11 February 2003 6536 5. The farm size and the productive capacity of the site to sustain the rural enterprise and whether the use or development will have an adverse impact on surrounding land uses. The need to prepare an integrated land management plan. The impact on the existing and proposed rural infrastructure. An assessment of industry requirements, growth expectations, staging of the development and investment requirements. The impact of the use or development on the existing and surrounding rural uses.” Proposal The application seeks approval to subdivide the land into 14 lots (refer to Attachment 10.8b). 13 lots would be located along the Mary Ann Road frontage (corner of Benson Road) and would range in size from 4000sqm to 6160sqm. An area of common property would extend along the east boundary of the small lots. The balance of the land would form Lot 14 with an area of 111.9 hectares. A raw water scheme is proposed to be included in the common property at the rear of the small lots. The common property would be planted with trees. A land capability assessment was submitted by the applicant following a request for further information. The report concludes that the standard performance measures outlined in the AS/NZS 1547:2000 for land suitability for on-site effluent disposal are achievable. 6. Strategic Relationship Planning and Environment Act 1987 The relevant objectives from section 4 of the Act are detailed below: “(1) The objectives of planning in Victoria are— (a) to provide for the fair, orderly, economic and sustainable use, and development of land; (f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); (g) to balance the present and future interests of all Victorians.” State Planning Policy Framework The relevant policies in the State Planning Policy Framework are: Protection of catchments, waterways and groundwater (Clause 15.01) Rural living and rural residential development (Clause 16.03) – the objective of this policy is to identify land suitable for rural living and rural residential development. The policy states that “land should not be zoned for rural living or rural residential development if it will encroach on high quality productive agricultural land or adversely impact on waterways or other natural resources.” Agriculture (Clause 17.05) Shire of Campaspe – Open Section 11 February 2003 6537 Water supply, sewerage and drainage (Clause 18.09) – the objective of this policy 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.” Local Planning Policy Framework Municipal Strategic Statement: The key issues affecting the Shire are Agriculture, Urban Development, Heritage, Environment and Tourism. Reinforcing the Shire’s Planning Vision Statement are a number of key objectives for the key issues. These objectives can be found at Clause 21.03, in particular within Urban development – residential: “potential growth areas around existing urban areas must not be compromised by inappropriate development activity”. Town Structure Plans: The Echuca Town Structure Plan does not specifically identify land for rural living purposes. Local Policies The relevant local policies are: Agriculture: Interim Agriculture Policy – Clause 22.01 of Campaspe Planning Scheme Encouraging a limited amount of low density residential opportunities on land previously zoned for this purpose. Environment (Clause 22.02): The Shire is to be proactive in the prevention of environmental problems and the maintenance of bio-diversity. Development and use of land must be ecologically sustainable. The Report on Residential Land Capability and Agricultural Land Suitability in the Shire of Campaspe (March 1998) prepared by the Centre for Land Protection Research identifies the west part of land as within the land system – Treeless Alluvial Plain, mid alluvial plain component (Koga). Within this classification, the land is generally suitable for irrigated cropping, irrigated perennial pasture, irrigated perennial horticulture, irrigated tomatoes, irrigated farm forestry, dryland olives and dryland viticulture. In addition, the area has a generally high capability for septic tanks. The land therefore presents a range of opportunities for sustainable rural living enterprises. 7. Balancing the Focus Community Outcomes: The proposal, if approved, will result in the creation of am enclave of low density residential lots within an area identified for rural living development and currently used for intensive dairying activities. The proposal, if approved, would provide additional low density residential lots. Financial: Potential increase in road maintenance costs. Service Delivery: No impact Shire of Campaspe – Open section 11 February 2003 6538 Organisational Development: 8. No impact Advertising / Referrals The application was advertised to surrounding property owners in accordance with section 52(1)(a) of the Planning and Environment Act 1987. The application was referred to the following authorities under section 55 of the Planning and Environment Act 1987: Powercor Australia Ltd - consent subject to standard conditions regarding servicing Coliban Region Water Authority – consent to subdivision without reticulated water and sewerage requirements Telstra – consent subject to standard condition regarding the formal subdivision plan Department of Natural Resources and Environment – no response received Goulburn Broken Catchment Management Authority – no objection to application with regard to floodplain issues as all the lots to be created contain appropriate building envelopes The application was referred internally to the following Council Departments: 9. Engineering Design Services – consent subject to a number of conditions Environmental Health – following a review of the Land Capability Assessment prepared by B M Consulting Civil Engineers Pty Ltd, no objection was given to the subdivision subject to five conditions regarding waste water treatment and disposal Submissions In addition to the referral authority responses detailed above, one additional submission was received in the form of an objection to the application from K & J Murphy of 209 Benson Road, Echuca. A copy of the objection is included in Attachment 10.8c and is summarised as follows: The subdivision is against orderly development of rural residential land for Echuca A decision on the application should not be made until the study currently being undertaken by RPD Group on residential land is completed. The subdivision would result in additional traffic in Mary Ann Road, which is inadequate for current traffic use, in particular the intersection of Mary Ann Road and Murray Valley Highway and the open speed limit. Town water does not extend to the site. School buses are already crowded Increased dust and noise nuisance from traffic along Mary Ann and Benson Roads A mediation meeting was not held as the recommendation by Council Officers is for refusal of the application. 10. Discussion – Seeking the Balance Council’s determination must be in the context of the current zoning for the land however should also take into account any future strategic reviews. The land is zoned Rural Living which has a minimum lot size of 8Ha. The basis of this application is not the minimum lot Shire of Campaspe – Open Section 11 February 2003 6539 size but the use of the averaging provisions of the zone that MAY allow the creation of lots to 0.4Ha. To use the averaging provisions a strong argument must be developed and not be taken as what the zone provisions allow. To take this basis to its logical extent, as the landowner owns the surrounding 240Ha to the east and south, this would give rise to the creation of another 44 rural residential sized blocks in an area with few services and little strategic basis for their creation. If the land further south to Kelsh Road was in the equation this would lead to a further 59 rural residential blocks. The averaging provisions require a 173 agreement be entered into to prohibit the further development of the larger lot. This would result in the further sterilisation of land from development that has not had the benefit of sound planning. Council has committed itself to a full strategic review of this area and two other areas around Echuca for the provision of rural residential and rural living land. The RPD Group have completed a draft of the review and indicate land to the south of Benson Road (including this land) remains relatively undeveloped and provides an opportunity to rezone this land to Rural to reflect the predominant use of the land for grazing. The current proposal merely continues the strategically unsound decisions made by previous Councils. The past decisions have mainly been in the area north of Benson Road where the land has been significantly marginalised and the review proposes a strategic case for its future management. Even in the context of the proposed zone (Rural) the proposal could not be supported. The proposal will result in a continuation of past (pre-amalgamation) practices to the detriment of sound planning. The current review proposes a systematic management of the land in an area that has not had the benefit of sound future planning. The proposal in its current or proposed zone relies on the averaging provisions and fails to address the decision criteria of the Rural Living zone, yet merely highlights the criteria it can meet without a thorough review. Council is faced with a decision that will determine the success or otherwise of the current review conducted by the RPD Group. The draft plan proposes a logical course of land management. The proposal is inconsistent with the intent of the current zone controls or the intent of the draft review. A further concern in relation to the subdivision relates to the creation of small lots, which will abut an operating dairy farm, without any substantial buffer. This gives rise to the potential for right to farm conflicts to arise in the future and in the long term could affect the viability of the larger lot. It is for the above reasons that the proposal cannot be supported. RECOMMENDATION That the application for subdivision of Crown Allotments 68, 69 and 70, Parish of Echuca North, County of Rodney, commonly known as 652 Lady Augusta Road, Echuca into fourteen lots be refused on the following grounds: 1. The application is inconsistent with the objectives of the Planning and Environment Act 1987, in particular objectives (a), (f) and (g) of section 4(1). 2. The application is inconsistent with the objectives and overall intent of the Rural Living Zone. Shire of Campaspe – Open section 11 February 2003 6540 3. The subdivision would result in a rural residential enclave at the expense of sterilising the larger block for further development. 4. Approval would further exacerbate inappropriate planning decisions made by previous Councils. MOTION A Notice of Decision to Grant a Planning Permit be issued for the land described as Crown Allotments 68 and 69 and Part Crown Allotment 70, Parish of Echuca North, commonly known as 652 Lady Augusta Road, Echuca for a 14 Lot Subdivision, subject to the following conditions: 1) Plans Use and layout of the site and the size of the proposed subdivision and works, as shown on endorsed plans must not be altered or modified (whether or not to comply with any statute, statutory rule or regulations or local law or for any other reason), without written consent of the Responsible Authority. 2) 3) Drainage a) Stormwater drainage must be in accordance with the requirements of the Responsible Authority. b) The subdivider shall provide for the stormwater drainage in respect of each and every lot on the plan of subdivision and all drainage works both within the subdivision and to an approved point of discharge are to be constructed at full cost to the subdivider and to the satisfaction of the Responsible Authority. c) On-site detention of stormwater must be provided by the developer to the satisfaction of the Responsible Authority. Works on Plans Before any works associated with the subdivision start, detailed construction plans must be prepared to the satisfaction of the Responsible Authority. All works constructed or carried out must be in accordance with those plans. 4) Vehicle Crossings A vehicular crossing shall be constructed to serve each lot created in accordance with Responsible Authority specifications. Inspections are required prior to the removal of any existing concrete and prior to the pouring of any new work. 5) Engineering Supervision Fee An Engineering Supervision fee of 3.25% of the estimated cost of works must be paid prior to the issue of a Statement of Compliance to ensure that the roadwork and drainage works are to the satisfaction of the Responsible Authority. 6) Road Construction a) Mary Ann Road is to be constructed and sealed from the north side of Benson Road through to 75 metres south of Lot 13. The nominated width of the Shire of Campaspe – Open Section 11 February 2003 6541 bitumen seal is to be 6.4 metres with 2.4 metres shoulders and include roadside drainage. The permit holder is responsible for the full cost of the works. b) 7) Benson Road is to be constructed and sealed for 220 metres east of the Mary Ann Road intersection and 20 metres west of the Mary Ann Road intersection. The nominated width of the seal is to be 4 metres. The permit holder is responsible for the full cost of the works. Formal Plan The applicant must forward final subdivision plans in accordance with Section 8 of the Subdivision Act 1988. 8) Agreement under Section 173 of the Planning and Environment Act 1987 The applicant must enter into an agreement under Section 173 of the Act with the Responsible Authority to provide for the following: a) The land owners of Lots 1 to 13 agree not to complain about the continuation of reasonable farming activities on Lot 14. b) Lots 1 to 14 shall not be further subdivided so as to increase the number of lots. All costs associated with the preparation and registration of this agreement are to be borne by the permit holder. 9) Water Supply Lots 1 to 13 are to be supplied with reticulated water to the satisfaction of the Responsible Authority and Coliban Region Water Authority. 10) Common Property The common property to the rear of Lots 1 to 13 is to be landscaped and fenced to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance. The fencing is to be of a standard that will prohibit domestic animals from entering Lot 14. 11) Effluent Disposal a) b) All household effluent is to be treated to a secondary standard in an Environment Protection Authority (EPA) approved household sewerage treatment plant. Prior to the commencement of construction of any dwellings, an approval to install a septic tank system must be obtained from Council. 12) Compliance Prior to the Responsible Authority issuing a Statement of Compliance for the subdivision, all planning conditions and all other requirements of the Responsible Authority and the relevant referral authorities shall be completed or satisfactorily provided for, to the satisfaction of the Responsible Authority and the relevant referral authorities. Shire of Campaspe – Open section 11 February 2003 6542 13) Time for starting and completion This permit will expire if one of the following circumstances applies: a) The subdivision has not commenced within two years of the date of this permit: or b) The subdivision has not been completed within five years from the date of commencement. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards. 14) Telstra That the Plan of Subdivision submitted for certification be referred to Telstra or other licensed telecommunications carrier, whichever is appropriate, in accordance with Section 8 of the Subdivision Act, 1988. 15) Powercor a) The Plan of Subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Limited in accordance with the Section 8 of the Act. b) The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards (A payment to cover the cost of such works will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Limited that prospective purchasers will be so informed. c) The applicant shall where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Supply and Installation Rules issued by the Victorian Electricity Supply Industry. COUNCILLORS REPACHOLI / RILEY That the motion be adopted. CARRIED 10.9 Town Planning Application 82-2002-570 (Bev Davis, Town Planning Assistant) 82-2002-570 1. Purpose To seek Council’s decision in relation to Planning Application No. 82-2002-570 for the development of land by the construction of roadworks. 2. Applicant / Owner 2.1 The applicant is the Shire of Campaspe, P O Box 35, Echuca 3564. 2.2 The owner is The Crown. The Shire of Campaspe is the responsible body for the road. Shire of Campaspe – Open Section 11 February 2003 6543 3. Subject Land 3.1 Government Road Reserve, at and near the corner of Allan Street and Church Street, Kyabram (see Attachment 10.9a). 3.2 Adjoining land uses are commercial premises along both streets. 4. Zoning 4.1 The land is zoned Business 1 (Clause 34.01) under the Campaspe Planning Scheme. 4.2 The land is also partly covered by a Land Subject to Inundation Overlay (Clause 44.04) under the Campaspe Planning Scheme. 4.3 Clause 44.04-1 states that a permit is required to construct a building or construct or carry out works, including roadworks (LSIO). 5. Proposal 5.1 An application has been received to construct a roundabout and adjacent footpath infrastructure at the intersection of Allan Street and Church Street, Kyabram. The works will include a sealed road, kerb and channel, footpath and signage (see Attachment 10.9b). 5.2 The applicant has stated that the proposed roundabout forms part of the overall Kyabram Streetscape Project, which includes extensive works in Allan Street and surrounding area. It is anticipated that these works will improve traffic movement and help promote the commercial shopping centre in Kyabram. 5.3 The streetscape renewal project commenced in 1999 when the local community formed a Committee to raise funds for funding to have Allan Street re-designed and attractively presented using a flora and fauna theme. A Rural Community Infrastructure grant has been made available for this project with additional funds for the development to date being provided by community donations, government grants and Council. The government grant will provide for the construction of Stage 1 of the streetscape works and that grant has been matched by funds raised by the local community, amounting to a total of $188,000, which will allow Stage 1 to proceed. 5.4 The project has now progressed, with plans being prepared in the year 2000, and powerline relocation works carried out over the past three years, and to be completed in the current financial year. 6. Strategic Relationship 6.1 The following State Planning Policies are relevant to this application: Protection of catchments, waterways and groundwater – Clause 15.01 Floodplain Management – Clause 15.02 Car parking and public transport access to development – Clause 18.02 Shire of Campaspe – Open section 11 February 2003 6544 6.2 The Municipal Strategic Statement (MSS) outlines that Kyabram is a service centre for its rural hinterland. The proposed development is not contrary to any of the objectives outlined for Kyabram in the MSS. 6.3 7. 8. The following Local Planning Policies are relevant to this application: Clause 22.02 – Environment: Policy E2 Clause 22.06 - Commercial: Policy C1 identifies Kyabram as a key community centre servicing surrounding districts. Balancing the Focus Community Outcomes: The works will enhance Allan Street, Kyabram and will also allow for a more efficient movement of traffic. Financial: No impact Service Delivery: No impact Organisational Development: No impact Advertising / Referrals 8.1 The application was advertised pursuant to the following Sections of the Planning and Environment Act 1987: S.52(1) (c) notices were sent to adjoining property owners as required by the Campaspe Planning Scheme. S52(2): a notice was published in the Kyabram Free Press on 29 November, 2002 8.2 The application was referred to Goulburn Broken Catchment Management Authority under Section 55 of the Planning and Environment Act 1987. 8.3 The application was referred to Council’s Design Engineers who had no objection to proposal. 9. Submissions 9.1 A total of five (5) submissions were received, four of which were objections. The submissions can be summaries as follows: Goulburn Broken Catchment Management Authority – no objection based on the nature and extent of the proposed works. M and C Foulsham, (PaintRight)– objection Jason Moon, (JLM Computers) – objection P D’Aulerio, (Polvere Kitchens) – objection E A Ross (Video Ezy) – objection 9.2 The grounds of objection are summarised as follows: Loss of carparking outside businesses and loss of carparking in immediate vicinity Shire of Campaspe – Open Section 11 February 2003 6545 Insufficient room to construct a roundabout Traffic travelling and turning in close proximity to shop frontages No room for outside advertising Displays outside shops would be affected by dust etc. Laneway access to shop on Allan Street will be blocked by roundabout Current small island in front of Paintright Store should be removed to allow for more parking Increased congestion at intersection due to persons looking for a carpark or double parking 9.3 The applicant has responded to the above objections in the following manner: Loss of carparking: Loss of car parks will be offset by increased safety and improved functioning of the intersection for both vehicles and pedestrians. The commercial centre of Kyabram is well served by parking both in Allan Street, and with several car parks at the rear of the main shopping precinct. Insufficient room for roundabout, traffic travelling and turning extremely close to shop fronts and no room for outside advertising: Engineering designs have been done which indicate a roundabout can be suitably constructed at the intersection in the area available. The kerb line in front of the objector’s business will remain in a similar position to the current kerb line. Blocking of laneway access to shop on Allan Street: Access to this laneway will be maintained Removal of current small island in front of Paintright Store: The island is necessary to allow for safe pedestrian crossing of Allan Street.. Increased congestion at intersection due to persons looking for a carpark or double parking Loss of carparking is marginal and with the number of car parks generally available, both on-street and off-street, this is not likely to result in significant changes to traffic flows. 9.4 A mediation meeting was held on 18 December, 2002 at which three objectors, Cr Elborough and Mike Bruty, Council’s Infrastructure Manager, were present. No objections were withdrawn as a result of this meeting. 10. Discussion – Seeking the Balance 10.1 Decision Guidelines: The key decision guidelines for consideration of this application are stated in Clause 44.04-5 of the Land Subject to Inundation Overlay provisions, and also Clause 65 of the planning scheme. Clause 44.04-5 states that the responsible authority must consider: Any comments from a relevant floodplain management authority. Clause 65 states that before deciding on an application, the responsible authority must consider, as appropriate, the following: Shire of Campaspe – Open section 11 February 2003 6546 The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies, including: The orderly planning of the area. The effect on the amenity of the area. 10.2 It is considered that the proposal is not inconsistent with the above policies and provisions. 10.3 It should be noted that the roundabout was proposed at this intersection for the following reasons: To allow for efficient movement of traffic through the intersection. Traffic counts have indicated a high number of turning vehicles at the intersection from both the eastern and western legs of Allan Street into Church Street, and also out of Church Street into Allan Street. Delays and unsafe manoeuvres that result from this situation have been evident in the past. The intersection has an accident record and it is anticipated that the roundabout will improve road safety by slowing down the traffic, particularly coming from a westerly direction in Allan Street, where the speed limit is currently 40kms per hour. The roundabout includes the construction of splitter islands in each of the three legs which will allow a safe haven for pedestrians who cross at the intersection. It will allow for the most aesthetic development of the streetscape and will provide an attractive entrance into the shopping centre. Traffic lights have not been considered for this intersection as it is considered that they would result in compulsory delays for vehicles at the intersection and would not allow for the steady flow of traffic through the intersection. Traffic lights would also be cost prohibitive and not attractive. Various modified T intersections were considered for the site. However a modified T intersection layout would not be suitable with the volume of turning traffic being high, turning from each leg of the intersection. 10.4 The streetscape roundabout is a discretionary development under the Campaspe Planning Scheme. The proposal has been assessed against the relevant provisions of the Campaspe Planning Scheme and the issues raised in submissions. It is considered that, subject to appropriate conditions, adverse impacts on the community should be minimal. RECOMMENDATION That a Notice of Decision to Grant a Permit for the development of land by the construction of roadworks on the road reserve at the intersection of Allan Street and Church Street, Kyabram, be issued subject to the following conditions: 1. Layout Not Altered The layout of the site and the size of the proposed works as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. 2. Satisfactory Continuation Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority. Shire of Campaspe – Open Section 11 February 2003 6547 3. Time for Starting and Completion This permit will expire if one of the following circumstances applies: The development not started within two years of the date of this permit. The development is not completed within four years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards. COUNCILLORS TOLL / RILEY That the recommendation be adopted. CARRIED 10.10 Signing and sealing of Licence to Quarry and Take Materials – Weeks’ Pit, Toolleen (M Brown, Executive Assistant Assets & Planning) 1. Purpose To seek Council’s approval for the signing and sealing of a Licence to Quarry and Take Materials, between Graham and Elizabeth Weeks and Council. 2. Background The Quarry Manager has been looking to legalise former Shire of Waranga gravel pits to provide additional road making material. Now the documentation has been received, Council can finalise the licence agreement. 3. Content This agreement will provide Council the sole right to dig, excavate and take away stone and gravel from the land owned by Graham and Elizabeth Weeks and known as CA 24, Parish of Toolleen. The term of the agreement is for five years from the commencing date, with an option of a further five year term, at an annual fee of $750 per annum. Royalties payable are .40 cents per cubic metre of materials as a finished product. 4. Balancing the Focus Corporate Plan 2001 ~ 2004 Community Outcomes Provision of additional quarrying material which will be available for Council projects. Financial $750 per annum annual fee, plus royalties payable at .40 cents per cubic metre of materials as a finished product. Service Delivery This will provide increased quarrying material for use. Organisational Development Nil impact. Shire of Campaspe – Open section 11 February 2003 6548 5. Consultation The Quarry Manager has consulted with the owner / licensor. RECOMMENDATION: Council sign and seal the Licence to Quarry and Take Materials between Graham and Elizabeth Weeks and Council for land described as CA 24 Parish of Toolleen and described in Certificate of Title Volume 8299 Folio 087. COUNCILLORS RILEY / REPACHOLI That the recommendation be adopted. CARRIED 10.11 Planning Permit Application TPA 82-2002-572 (Andrew Cockerall, Senior Land Use Planner). 1. Purpose To seek Council’s decision in relation to Planning Permit Application No. TPA 82-2002572 for the development of land for roadworks. 2. Applicant / Owner The applicant for the permit is the Shire of Campaspe. The owner of the land is the Crown, with the Shire of Campaspe as Committee of Management. 3. Subject Land The subject land is the road reserve in High Street, Rushworth from the Bendigo Murchison Road (Moora Road) south to Hyde Street (adjacent to the Police Station) 4. Zoning The subject land is presently zoned Township pursuant to the Campaspe Planning Scheme and is affected by the Heritage Overlay. The surrounding land is also zoned Township with a Heritage Overlay. 5. Proposal 5.1 The application proposes to approve the various streetscape works identified in the High Street, Rushworth Heritage Management Plan. The plan was prepared by Council’s Heritage Adviser, Mr. Andrew Ward in 1997 and was modified in 2000 (refer attachment 10.11). 5.2 The proposed works include various landscaping, street lighting, street furniture and other infrastructure works that have been identified in the plan, which will ultimately enhance what is already a very significant streetscape. 5.3 Approval is being sought for all the works identified in the plan, rather than applying for multiple permits for the works. Given the extensive works to be undertaken, it is recommended that any permit issued would be given a 10 year life rather than the normal 2 years. Shire of Campaspe – Open Section 11 February 2003 6549 6. Strategic Relationship 6.1 State Planning Policy Framework The following State Planning Policies need to be noted in relation to this application: Clause 15.11 – Heritage Clause 18.02 – Car parking and public transport access to development Clause 18.09 – Water supply, sewerage and drainage 6.2 Local Planning Policy Framework 6.2.1 The Municipal Strategic Statement (MSS) recognises that Rushworth has “a small economic base focussed on tourism and essential services” and the heritage is a key strategic issue for the Shire of Campaspe. 6.2.2 The strategic objective for heritage is as follows: “The heritage assets of the Shire are recognised as being vital features of the man made and natural environment and are irreplaceable records of our cultural development. They are important for the continued economic, social and cultural development of the community and must be protected and maintained." 6.2.3 The Rushworth Town Structure Plan identifies that the High Street precinct as being very significant. One of the strategic considerations for Rushworth is as follows: “Rushworth is distinguished by its unique pre 1914 streetscape and landscape character (especially the High Street precinct). The former planning controls outline this precinct as an “Area of Special Significance”. These provisions controlled development so as to conserve and enhance the historic value of the area. Heritage controls will continue to be applied. Any development in central Rushworth must be sympathetic to the historic character of the town, and the Rushworth High Street Management Plan” 6.2.4 The relevant Local planning policies to this application relate to Heritage (Clause 22.04) and Commercial (Clause 22.06): Heritage strategies relevant to this application include: H1, H2, H3, H4, H5, H6, H7 and H8. Commercial strategies relevant to this application include: C4 7. Balancing the Focus Community Outcomes: The proposal will enhance the existing significant streetscape of Rushworth which will in turn have positive impacts on tourism and community well being. Financial: Funding is available to commence the proposed works. Service Delivery: None Organisational Development: None Shire of Campaspe – Open section 11 February 2003 6550 8. Advertising / Referrals 8.1 Notice was given in under Section 52(1) of the Planning and Environment Act, 1987 by placing a notice in the Waranga News. 8.2 Council Officer advice was sought from Council’s Strategic Planner, the Heritage Adviser, Heritage Advisory Committee and Design Engineers. 9. Submissions 9.1 Two objections were received to the application from Mr. Ian Anderson (President of the Shire Hall Committee) and Ms. Gillian Schoenborn on behalf of the Rushworth Community House. 9.2 The grounds of objection can be summarised as follows: Loss of car parking spaces in High Street Concern that the use of Palm trees is not historically accurate 9.3 In response to these submissions the following comments are offered: Car Parking At an on-site meeting it became apparent that the concern for both parties was the loss of an area informally being used as carparking in the median strip. This area is identified in the Master Plan as being a landscaped area. When there is a function at the Shire Hall and the Community House at the same time, it is understood that car parking spaces are a premium. This can be addressed in a number of ways. Firstly, the area proposed to be a landscaped median in front of the Community House can incorporate car parking areas (similar to what has occurred at the northern end of High Street). This will more than cater for the demands of the Community House and will provide some parking for the Shire Hall when the Community House is closed. Other options for the provision of additional car parking include investigation of car parking options in front of the Shire Hall land, although this may prove to be impractical and any car parking that could be provided would be limited. At the onsite meeting the potential for using some of the land at the rear of the Shire Hall, which forms part of the Police Camp reserve was raised. While potential exists for the provision of carparking on this land, it would be subject to further investigation with the State Government. Palm Trees The issue of the palm trees was also discussed at the onsite meeting. The concern of the objector was that the palms did not appear in a 1916 photo of the Rushworth streetscape, and as such may not be historically accurate. Despite this it is considered that the existing palms play an important role in the streetscape of Rushworth and that the planting of further palm trees would consolidate this. Shire of Campaspe – Open Section 11 February 2003 6551 10. Discussion – Seeking the Balance 10.1 The application has be considered against the relevant clauses of the State Planning Policy Framework and is considered to accord with the objectives of those clauses. 10.2 The Local Planning Policy Framework was discussed in paragraph 6.2. The proposal is generally consistent with these provisions. 10.3 The proposal is supported by the purpose and decision guidelines of the Heritage Overlay as it will enhance the already significant streetscape of Rushworth. 10.4 The concerns of the objectors were discussed in the report and can be addressed by the appropriate use of planning permit conditions and investigations into further carparking options in the locality. RECOMMENDATION (1) That a Notice of Decision to Grant a Planning Permit for the development of the High Street, Rushworth road reserve between the Bendigo-Murchison Road and Hyde Street for the purpose of Road works in accordance with the plans submittted, subject to the following conditions: 1. Amended Plans Required Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application or some other specified plans but modified to show: 2. The provision of additional 26 car parking spaces in the median strip in the vicinity of the Community House at 67 High Street, Rushworth. Layout Not Altered The development as shown on endorsed plans must not be altered without the written consent of the Responsible Authority. 3. Car Park Areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be: a) Constructed to the satisfaction of the Responsible Authority. b) Properly formed to such levels that they can be used in accordance with the plans. c) Surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority. d) Drained and maintained to the satisfaction of the Responsible Authority. e) line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority . Shire of Campaspe – Open section 11 February 2003 6552 f) 4. Parking areas and access lanes must be kept available for these purposes at all times. Lighting Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land. 5. Landscaping Completion and Maintenance Landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority. 6. Vegetation Retention All existing vegetation shown on the endorsed plans must be suitably marked before any development starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority. 7. Satisfactory Continuation Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority. 8. Heritage Requirements Building materials and paint colours must be in accordance with the endorsed plan and must be to the satisfaction of the Responsible Authority in consultation with the Heritage Adviser. 9. Detailed Engineering Plans Prior to the commencement of construction stages, three sets of detailed engineering design plans shall be submitted for approval by the Responsible Authority and upon approval by the Responsible Authority shall be endorsed to form part of this permit. 10. Time for Starting and Completion This permit will expire if one of the following circumstances applies: The development is not started within two years of the date of this permit. The development is not completed within ten years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards. (2) That the Shire of Campaspe investigate and undertake community consultation on car parking in the High Street road reserve in the vicinity of the Shire Hall. (3) That the Shire of Campaspe investigate and undertake community consultation on car parking on the Policy Camp reserve at the rear of the Town Hall. Shire of Campaspe – Open Section 11 February 2003 6553 COUNCILLORS RILEY / REPACHOLI That the recommendation be adopted. CARRIED 10.12 Planning Permit Application (Andrew Cockerall, Senior Land Use Planner) TPA 82-2002-469 Item 10.12 was withdrawn prior to commencement of the meeting 1. Purpose To seek Council’s decision in relation to Planning Permit Application No. TPA 82-2002469 for the erection of building to be used as a shop and a waiver of the car parking requirements 2. Applicant / Owner The applicant for the permit is Gerard Brandrick Architects. The owner of the land is Rousalli Pty Ltd 3. Subject Land The subject land is known as 132 Hare Street, Echuca, although the part of the land affected by this application fronts Nish Street, adjacent to Stubberfields accountants. Refer attachment 10.12 for locality plan. 4. Zoning The subject land is zoned Business 1 in accordance with the Campaspe Planning Scheme. No overlay controls affect the land. The planning controls are not proposed to alter as part of Amendment C14 to the Campaspe Planning Scheme, presently with the Minister for consideration. 5. Proposal The application proposes to erect a single storey extension to the rear of Bennett Sports, which fronts Hare Street. The proposal would result in the business having frontage to both Hare and Nish Streets. The extension has an area of 357m2, 60m2 of which will be for storage purposes and the remainder will be retail floor space. Only one(1) car park has been set aside for Bennetts Sports. The new building is to be erected over an area set aside for car parking as part of the extension to Stubberfields, presently under construction which was approved as part of TPA 82-2002-042. A total of 14 car parking spaces will be lost as part of this application. The extension itself requires the provision of additional 8 car parking spaces, a number of spaces will become available on Nish Street however there will be a net loss of 17 car parking spaces. Shire of Campaspe – Open section 11 February 2003 6554 6. Strategic Relationship A permit is required in accordance with Clause 34.01-4 of the Campaspe Planning Scheme, which states “a permit is required to construct a building or construct or carry out works”. It should be noted that the use of the land as a “shop” does not require planning approval. Planning approval is also required in accordance with Clause 52.06-1 of the Scheme, which states “A permit may be granted to reduce or waive the number of car spaces required by the table”. The purpose of the Business 1 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 encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses. The purpose of the car parking provisions is to: To ensure that car parking facilities are provided in accordance with: The State Planning Policy Framework and the Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies. Any parking precinct plan. To provide the opportunity to use parking precinct plans in appropriate locations. To promote the efficient use of car spaces through the consolidation of car parking facilities. 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. To ensure that the design and location of car parking areas: Does not adversely affect the amenity of the locality, in particular the amenity of pedestrians and other road users. Achieves a high standard of urban design. Creates a safe environment for users, particularly at night. Enables easy and efficient use. Protects the role and function of nearby roads. Facilitates the use of public transport and the movement and delivery of goods. The relevant policies in the State Planning Policy Framework are: Activity Centres (Clause 17.01), Business (Clause 17.02) and Car parking and public transport access to development (Clause 18.02). The objective for Car parking and public transport access to development is: “To ensure access is provided to developments in accordance with forecast demand taking advantage of all available modes of transport and to minimise the impact on existing transport networks and the amenity of surrounding areas.” The key issues affecting the Shire are Agriculture, Urban Development, Heritage, Environment and Tourism. Reinforcing the Shire’s Planning Vision Statement are a Shire of Campaspe – Open Section 11 February 2003 6555 number of key objectives for the key issues. These objectives can be found at Clause 21.03. The Echuca Town Structure Plan identifies the Heritage areas and the key commercial centre. The subject site is within the commercial centre. The Echuca town structure plan also identifies a number of sites within the commercial centre that are capable of being expanded. None of these sites are within reasonable walking distance of the subject land. The relevant Local Policies are the Commercial Policies (Clause 22.06). 7. 8. Balancing the Focus Community Outcomes: The expansion to a retail facility without the provision of additional car parking facilities within reasonable walking distance, could lead to parking congestion in the immediate area. Financial: The cost of the works will be borne by the developer. Service Delivery: No impact Organisational Development: No impact Advertising / Referrals The application was not required to be advertised in accordance with Section 52 of the Planning and Environment Act, 1987 as the buildings and works are exempt from advertising in accordance with Clause 34.01-4 of the Planning Scheme. Internal comment was sought from Council’s Design Engineer. 9. Submissions Council’s Design Engineer offered no objection subject to conditions relating to drainage and access. 10. Discussion – Seeking the Balance The proposed development is generally consistent with the Business 1 Zone provisions of the Planning Scheme. The main issue at hand is to do with car parking. As stated above, the development will result in the loss of 14 car parking bays from the extension to Stubberfields approved as part of 82-2002-042. The extension to Bennett’s Sports Stores will create the need for an additional eight (8) car parking spaces. It should be noted that these figures are based on the reduced figures from the Echuca Car Parking Study and not the figures directly taken from the Planning Scheme, which would be considerably higher. On the ground the total car parking will be nine (9) spaces for the entire Stubberfields site and one (1) space for Bennetts Sports. Whilst there is discretion for a partial waiver of the car parking rates to be granted, the amount of car parking being provided is clearly inadequate. Before a requirement for car parking spaces is reduced or waived, Council must have regard to issues such as: Shire of Campaspe – Open section 11 February 2003 6556 The availability of car parking in the locality. Local traffic management Local amenity including pedestrian amenity. In this instance, there is an all day public car park within reasonable walking distance (approximately 330 metres) of the land. The nature of the surrounding land uses is such that they generate reasonably high turnover of parking spaces in the locality. The nature of the office use (Stubberfields) is such that it generates the need for all day parking for staff. It should be noted that Stubberfields employ significantly higher numbers of staff compared to Bennetts Sports. An approach in the past for dealing with short falls in car parking, is for the relevant land owner to voluntarily enter into a Section 173 Agreement with Council, to make a contribution for car parking in the area. Contributions should reflect the purchase of land and development of the land for car parking. In this case there is already land available for car parking, although it is separated from the subject land by 330 metres, so the cost is limited to the construction of the car parking only. This has been calculated to cost approximately $3,700 per space (or $62,900 for the 17 spaces). The appropriate mechanism for collecting this type of contribution is via Parking Precinct Plans as incorporated documents in the planning scheme. In the absence of these plans the only other mechanism is through voluntary Section 173 Agreement referred to above. Council entered into discussions with the permit applicant regarding the voluntary contribution. The initial advice that Council received was that the developer was not willing to enter into such an agreement. Further discussions were then held with the developer, however, this matter was unable to be resolved. It should be noted that the planning scheme requires a permit applicant to provide justification for a reduction in the car parking requirements. In this case no such justification has been provided to Council. It is considered that the car parking reduction being sought is excessive and that no justification has been provided to Council in support of the request. RECOMMENDATION That a Refusal to Grant a Planning Permit for the development of the land at rear of 132 Hare Street, Echuca, commonly known as Lot 2 PS 448900N, Parish of Echuca North by the erection of an extension to the rear of the building and a waiver of the car parking, be issued subject to the following conditions: 1. Inadequate car parking has been provided to the development in accordance with Clause 52.06 of the Campaspe Planning Scheme. 2. The reduction in car parking has not been justified in accordance with Clause 52.061. 3. The reduction in car parking may result in car parking congestion problems in the locality. Item 10.12 was withdrawn. Shire of Campaspe – Open Section 11 February 2003 6557 10.13 Amendment to endorsed plan -Town Planning Permit 82-2002-528 (B Davis, Town Planning Assistant) Mr Johnson made a presentation to Council prior to consideration of this item. 1. Purpose To seek Council’s decision in relation to the amendment of the endorsed plan to Planning Permit 82-2002-528, for the use and development of land for the erection of a dwelling and outbuilding, under Section 62(3) of the Planning and Environment Act 1987. 2. Applicant / Owner Damien Ginger, 5 John Court, Clonbinane, 3658. 3. Subject Land PC168149D, Parish of Waranga, Basin Court, Waranga, (it appears that Basin Court is now known as Panorama Court), comprising 2.057 hectares. This lot is part of a 23 lot rural residential subdivision of land approved by the former Shire of Waranga under the Waranga Planning Scheme’s ‘Rural C’ Zone. The lot is situated approximately 500 metres west of Waranga Basin. Site is L-shaped with frontage to both Basin Court and Waranga Drive, and slopes down towards Basin Court. Native trees and shrubs are scattered over the site see Attachment 10.13a). The lot adjacent to the southern boundary of the subject land i.e. on the corner of Basin Court and Waranga Drive, contains a dwelling, approximately 20 metres from the boundary. The lot adjacent to the northern boundary also contains a dwelling. Surrounding land uses are generally rural residential type living with some small farms. A restrictive covenant affects the title to the land. The proposal does not contravene the covenant. 4. Zoning 4.1 Rural Living Zone (Clause 35.03-1) under the Campaspe Planning Scheme. The site is also covered by a Salinity Management Overlay (Clause 44.02-1). 4.2 The surrounding land is also zoned Rural Living with a Salinity Management Overlay. 4.3 Clause 35.03-1 (Rural Living Zone) states that a permit is required for a dwelling on an area of less than 8 hectares (Section 2 Use). Clause 35.03-3 states that a permit is required to construct or carry out a building or works associated with a use in Section 2 of Clause 35.03-1. 4.4 Clause 35.03-3 (Rural Living Zone) also states that a permit is required for an outbuilding if it has dimensions greater than those specified in the Schedule to the Zone. The Schedule to the Zone states that a permit is required for an outbuilding greater than 200m2. The outbuilding proposed contains 72m2 so a permit is not required for the outbuilding. 4.5 The Schedule to the Salinity Management Overlay states that a permit is not required for any buildings less than 200 m2 in area. The Salinity Management Overlay is Shire of Campaspe – Open section 11 February 2003 6558 proposed to be removed under the requirements of the proposed Amendment C14 to the Campaspe Planning Scheme, presently in the process of being approved. 5. Proposal 5.1 An application was received on 17th October 2002 for the erection of an approximately 150m2 w/b dwelling and outbuilding. The proposal was to re-erect the weatherboard single storey dwelling 19 metres from the southern boundary of the lot (see Attachment 10.13b). 5.2 Planning permit 82-2002-528 was issued on 05 December 2002 for the erection of the dwelling 77.6 metres from the road frontage and 19 metres from the southern boundary. Nine standard conditions are included on the permit. 5.3 A complaint was received from the adjoining landowner to the south stating that the dwelling was being erected closer to the boundary than the permit allowed. 5.4 Council’s Enforcement Services Officer instructed the applicant to cease work on the dwelling. 5.5 An application has been received to amend the endorsed plan to re-locate the proposed siting for the dwelling to 14 metres from the southern boundary pursuant to condition 1 of the planning permit, which provides the opportunity to amend an endorsed plan. The request detailed the fact that when drilling stump holes on the approved site large quantities of rock were discovered, so the dwelling was moved to 14 metres from the boundary fence. 6. Strategic Relationship The purpose of the Rural Living Zone relating to this permit is: ‘To provide for residential use in a rural environment.’ 7. 8. Balancing the Focus Community Outcomes: To provide a range of rural living opportunities with associated land uses in a manner that does not impact on adjoining land uses. Financial: No impact Service Delivery: No impact Organisational Development: No impact Advertising / Referrals 8.1 The original application was not advertised as it was considered that the proposal would not cause material detriment to any person as it was minor, non-controversial and of local significance only. The land was previously subdivided for the purpose of rural living/rural residential type living and the proposal was considered to be consistent with the Rural Living Zone provisions and complied with setback requirements for the zone. Also, it has not been Council policy to advertise planning applications in this particular subdivision in the past. Shire of Campaspe – Open Section 11 February 2003 6559 8.2 Council is not normally required to give formal notification of an application to amend an endorsed plan under the provisions of the Planning and Environment Act 1987. However, as a matter of courtesy, the application to amend the plan was advertised to all landowners in the subdivision. 9. Submissions 9.1 A total of two (2) submissions, one being an objection, were received to the application to amend the plan: a) an objection from Faram, Ritchie, Davies on behalf of the adjoining landowner to the south b) submission from a landowners on the opposite side of Basin Court. 9.2 The key comments and concerns of the adjoining landowner are summarised as follows: Invasion of privacy as objector’s open space as the rear of his dwelling overlooks the proposed dwelling. Application was not advertised. Dwelling not sited in accordance with planning permit. A diagram attached to submission showed the respective dwellings. Questioning that the reason for the re-location of the dwelling was because of the large quantities of rock encountered. Also stating that the dwelling was located on its present site before any holes were in fact drilled. It was pointed out that a dwelling is being erected on land to the north of the property, which is in fact also a very rocky area. Fire regulations would require the clearing of dead wood and undergrowth within 5 metres of the fenceline. Any privacy that the landowner now has will be taken away if clearing is undertaken. Considerable expense to preserve privacy if plan is amended. 9.3 Whilst acknowledging that siting did not directly impact on submitters, the following comments were made by landowners on the opposite side of Basin Court: Persons do seek privacy and dwellings should not be located too close to boundary. Dwelling placed on current site prior to seeking approval to amend planning permit. Questioned whether consent to re-locate was obtained from Building Surveyor. Precedent set if dwelling re-located without permission. 10. Discussion – Seeking the Balance The following comments are made in relation to the application for amendment – The reason that a planning permit was required for the development is because the area of the lot is less than 8 hectares. The approved site at 19 metres from the boundary, and in excess of 30 metres from the dwelling not in the same ownership, complied with the following relevant Rural Living Zone setback requirements: Shire of Campaspe – Open section 11 February 2003 6560 “A permit is required to construct or carry out any of the following: A building which is within any of the following setbacks: - 5 metres from a boundary - 30 metres from a dwelling not in the same ownership’ Having regard to the purpose of the Rural Living Zone, it has not been Council policy in the past to advertise an application for a planning permit for a dwelling, providing that it is located within the required boundary setbacks for the zone. In this case it was also considered that the existing native vegetation on the lot would provide some form of limited screening for the adjoining landowner. It is understood from the applicant that he would be happy to create a further landscaping screen of vegetation, but the objector has advised Council staff that this is unacceptable. The amended setback still complies with the setback requirements for the zone. It is understood that the building cannot be located as per the endorsed plan (ie 19 metres) from the southern boundary due to large boulders below the surface. Council’s Building Surveyor has confirmed this. The building was re-located to its current site without Council approval and all work on the proposed dwelling has now ceased pending the application to amend the planning permit being assessed. The objector’s dwelling is not located immediately opposite the proposed dwelling, but further west. The southern elevation of the proposed dwelling does not contain any windows. It is considered that these two factors would minimise invasion of the objector’s privacy. Council’s Municipal Fire Prevention Officer has confirmed that there is no regulation requiring the applicant to clear vegetation and undergrowth within 5 metres of the boundary fence. Having regard to the above, it is considered that it is appropriate to amend the plan in accordance with the applicant’s request. If anyone is not happy with this outcome, they have appeal rights to Victorian Civil and Administrative Tribunal to request the cancellation of the permit. There are no appeal rights for a request to amend an endorsed plan under Section 62(3) of the Planning and Environment Act 1987. RECOMMENDATION That the application to amend the endorsed plan attached to Planning Permit No. 822002-528 to site the proposed dwelling 14 metres from the southern boundary of land contained in PC 168149D, Parish of Waranga, Basin Court, Waranga be approved. COUNCILLORS MCDONALD / REPACHOLI That the recommendation be adopted. CARRIED A division was called for: Shire of Campaspe – Open Section 11 February 2003 6561 Those in favour of the Motion:- Councillor Elborough, McDonald, Williams, Toll and Repacholi. Those against the Motion:- Councillor Riley. 10.14 Sale of Lot 25 Deakin Grove, Tongala (K. Kidd, Administration Manager) 1. 58-08-01 Purpose To seek Council approval for the sale of Lot 25 (PS 305473F) Deakin Grove, Tongala to Mark Boylan. 2. Background Council has received an offer via the Campaspe Economic Development Board to purchase Lot 25 Deakin Grove for the amount of $22,000.00 GST exclusive. 3. 4. Balancing the Focus Community Outcomes: No impact Financial: The property has been valued by Hann McKenzie and Co. at 22,500.00. It is Council’s intention to sell the land for $22,000.00 GST exclusive with a rebate of $2,000.00 if the ‘Certificate of Occupancy’ is issued within two years of the settlement date of the contract. Service Delivery: No impact Organisational Development: No impact Statutory Implications Statutory advertising will take place after approval from Council has been received. RECOMMENDATION 1. That Council approve the sale of Lot 25 (PS 305473F) Deakin Grove, Tongala to Mark Boylan for $22,000.00 GST exclusive with a rebate of $2,000.00 if the ‘Certificate of Occupancy’ is issued within two years of the settlement date of the contract. 2. Council sign and seal the sale documents. COUNCILLORS REPACHOLI / TOLL That the recommendation be adopted. CARRIED Shire of Campaspe – Open section 11 February 2003 6562 10.15 Amendment of Delegations 1. (R Kop, General Manager Assets & Planning) Purpose To amend the Instrument of Delegation to staff under the Planning and Environment Act 1987 to allow approval of development plans, for which there are no objections and that are in accordance with relevant Council policy (see Attachment 10.15). 2. Background Council’s planning office is continually seeking ways of streamlining the approval process to ensure a quality service for applicants. 3. Content To speed up the process for developers, it is proposed that staff be delegated powers through the Instrument of Delegation, to approve development plans when there are no objections received, and where plans are in accordance with relevant Council policy. It is recommended that the following staff be authorised to approve development plans: Planning and Development Manager General Manager Assets and Planning Town Planner Chief Executive Officer. 4. Balancing the Focus Land Use Planning 5. Community Outcomes: Enable immediate determinations and streamline the approval process Financial: Nil Service Delivery: Will provide quicker response to straight forward development plan applications. Organisational Development: Nil Consultation This matter has been discussed with the Planning and Development Department. RECOMMENDATION Council amend the Instrument of Delegation under the Planning and Environment Act 1987 (“the Act”), to allow the Planning and Development Manager, General Manager Assets and Planning, Town Planner and Chief Executive Officer to approve development plans pursuant to Section 14(a) of the Act, when there are no objections and where plans are in accordance with relevant Council Policy. Prior to the officer making a decision that the Councillor of the ward be consulted on the proposed decision. Shire of Campaspe – Open Section 11 February 2003 6563 COUNCILLORS TOLL / REPACHOLI That the recommendation be adopted. CARRIED A division was called for: Those in favour of the Motion:- Councillor Elborough, McDonald, Williams, Toll and Repacholi. Those against the Motion:- Councillor Riley. 10.16 Approval of Stock Disposal Plan (H Major, Senior Operations Engineer and Deputy MERO) 1. Purpose To seek Council’s approval for the adoption, and subsequent signing and sealing, of the Stock Disposal Plan for the Shire. 4. Background The Department of Primary Industry (formerly DNRE), has been in discussion with Council staff for some months in relation to dealing with the disposal of large numbers of stock. This has been brought to the fore because of the drought, although this issue was identified in Council’s Community Risk Management Plan as one to follow up. 5. Content The Stock Disposal Plan details the necessary actions for monitoring stock levels within the municipality, assessment of capacity of processing plants including abattoirs, knackeries and rendering plants, and the effective disposal of stock in the event of a natural disaster creating a situation where current processing plant capacities are exceeded, or the stock are not suitable for disposal by one or more of these methods. Issues addressed in this Plan: Monitoring stock numbers Monitoring of capacity and through -put rates of local and neighbouring processing plants, (abattoirs, knackeries and rendering plants) Designation of appropriate stock disposal site locations Establishment of appropriate methods of stock transport, destruction and burying at the site. Monitoring of stock disposed Management of public awareness and general information. This plan will be implemented as required in the event of: Drought Shire of Campaspe – Open section 11 February 2003 6564 Disease outbreak Flooding Fire Economic circumstances. The Stock Disposal Plan will be a sub-plan of the Municipal Emergency Management Plan. 4. Balancing the Focus Corporate Plan 2001 ~ 2004 Community Outcomes Having the Plan in place will ensure that if, in the event stock disposal is required to be undertaken, that it can be handled in the most humane and efficient manner for both stock, and stockowners. Financial Dependent on amount of stock to be disposed of. Costs would be for: Digging pit, covering of stock; Payment for space used; Ramp, yards; Site Management. Some of the costs may be recoverable through State Funds, depending on the size of the emergency and the amount of funds expended by Council. 6. Service Delivery Nil impact. Organisational Development Staff resources will be used to manage the process. Consultation Consultation was undertaken with the EPA and landowner involved in site identification, prior to preparation of the Plan. This Plan has been discussed with Department of Primary Industry staff. RECOMMENDATION: Council adopt the Stock Disposal Plan and that the paln be signed under the common seal of Council. COUNCILLORS TOLL / RILEY That the recommendation be adopted. CARRIED Shire of Campaspe – Open Section 11 February 2003 6565 10.17 Campaspe Heritage Advisory Committee (A. Cockerall, Senior Land Use Planner) 06-03-02 1. Purpose To advise of nominations received to advertised positions on the Campaspe Heritage Advisory Committee. 2. Background The Committee’s Charter requires a number of positions to be advertised each year. These positions were advertised in papers circulating within the Shire for Expressions of Interest as follows: Echuca 2 positions Rochester/Lockington 1 position Kyabram 1 position The following nominations were received:Echuca Geoff Evans (renomination) Rushworth Margaret O’Brien (renomination) Kyabram No nominations prior to January HAC meeting It should be noted that a further nomination for the Echuca area and a nomination for the Kyabram area were received after the January meeting of the Heritage Advisory Committee. The nominations were received from: Echuca Janita Santilla Kyabram Lyn Tennent These nominations will be discussed at the Heritage Advisory Committee meeting on 20 February. 4. 6. Balancing the Focus Community Outcomes: Identification and protection of Shires heritage assets. Financial: No impact. Service Delivery: No impact Organisational Development: No impact Consultation 6.1 Council’s Heritage Adviser has been advised of the nominations received and recommends that the following members are appointed for a period of three years: Echuca Shire of Campaspe – Open section Geoff Evans 11 February 2003 6566 Rochester/Lockington Margaret O’Brien 6.2 The Committee has referred the decision to Council. RECOMMENDATION 1. That Council appoint the following members to the Campaspe Heritage Advisory Committee for a period of 3 years:Echuca Geoff Evans Rochester/Lockington Margaret O’Brien 2. That Council appoint the following members to the Campaspe Heritage Advisory Committee for a period of 3 years, subject to the agreement of the Campaspe Heritage Advisory Committee. Echuca Janita Santilla Kyabram Lyn Tennent COUNCILLORS WILLIAMS / RILEY That the recommendation be adopted. CARRIED 11. ECONOMIC DEVELOPMENT & EMPLOYMENT 12. MUNICIPAL GOVERNANCE 12.1 Council Meeting Dates (S Ennis, Executive Officer) 1. Purpose To confirm Council meeting dates and Council afternoon discussion sessions through to March 2004. 2. Background Council meetings are held on the second Tuesday of each month in Echuca commencing at 7.00pm. Afternoon discussion sessions on the fourth Tuesday of each month, rotating around the Shire. Venues and times are discussed with CAG representatives prior to the date. The following dates are proposed for meetings through to March 2004. Date Council meeting 25 February 11 March 25 March Shire of Campaspe – Open Section Afternoon discussion session Torrumbarry Echuca Echuca Koyuga 11 February 2003 6567 8 April Echuca Echuca 22 April 13 May Nanneella Echuca Echuca 27 May 10 June Stanhope Echuca Echuca 24 June 8 July Lockington Echuca Echuca 22 July 12 August Wyuna Echuca Echuca 26 August 9 September Rochester Echuca Echuca 23 September 14 October Colbinabbin Echuca Echuca 28 October 11 November Gunbower Echuca Echuca 25 November 9 December Toolleen Echuca Echuca 16 December Echuca 27 January Kyabram 10 February Echuca Echuca 24 February 9 March Rushworth Echuca Echuca 23 March 3. 4. Tongala Balancing the Focus Community outcomes: Governance – the rotation of meetings enable the wider community to participate in their local council and provides the opportunity to discuss local issues. Financial: No impact Service Delivery: No impact Organisational Development: No impact Community Consultation The public would be informed of Council meeting dates through advertisements in newspapers and community newsletters circulating throughout the Shire. Shire of Campaspe – Open section 11 February 2003 6568 RECOMMENDATION That Council resolve to adopt the schedule for meeting dates up to 13 May 2003 as above. COUNCILLORS WILLIAMS / MCDONALD That the recommendation be adopted. CARRIED 12.2 Policy Statement 84 - Drug & Alcohol Policy (Ken Kidd, Administration Manager) 1. Purpose To adopt Policy Statement 84 - Drug & Alcohol Policy. 2. Background Under Occupational Health and Safety requirements, Council is required to have a formal drug & alcohol policy in place. The policy is at Attachment 12.2. Council is required to provide a work environment and work practices, which together reduce the risks, associated with drug and alcohol use. The policy provides clear guidelines which take into account our social and legal obligations. 3. 4. Balancing the Focus Community Outcomes: No Impact Financial: No Impact Service Delivery: No Impact Organisational Development: The policy details Council's responsibility and duty for the health and safety of its employees, its clients and the public. Consultation Nil. RECOMMENDATION That Council adopt Policy Statement 84, Drug & Alcohol Policy. COUNCILLORS REPACHOLI / RILEY That the recommendation be adopted. CARRIED Shire of Campaspe – Open Section 11 February 2003 6569 13. CITIZEN ADVISORY GROUPS & OTHER COUNCIL COMMITTEES 13.1 Minutes Received - Citizen Advisory Groups (S. Ennis – Executive Officer) Name Meeting held Colbinabbin CAG Gunbower CAG Kyabram Lancaster CAG Lockington CAG Rochester CAG Rushworth Community Ad Ctee Stanhope, Girgarre, Corop CAG Tongala & District CAG Toolleen & District CAG 2 December 2002 & 6 January 2003 13 January 2003 18 November 2002 & 20 January 2003 17 October 2002 19 November & 17 December 2002 20 January 2003 27 November 2002 13 November & 11 December 2002 19 November 2002 Copy of CAG Minutes have been forwarded to Councillors according to Wards. RECOMMENDATION That reports by the Citizen Advisory Groups be received and noted. COUNCILLORS RILEY / TOLL That the recommendation be adopted. CARRIED 14. URGENT BUSINESS / NOTICES OF MOTION COUNCILLORS REPACHOLI / WILLIAMS That Urgent Business be heard. CARRIED 14.1 State Government Drought assistance COUNCILLORS REPACHOLI / WILLIAMS That Council write to the Minister for Agriculture, the Hon Bob Cameron and the Minister for State and Regional Development, the Hon John Brumby asking them to reconsider their decision to withdraw the $20,000 State Government funding assistance provided to farmers. Invite both Ministers to visit the region so that they can see first hand the affect of this decision and to meet people affected by the reversal of this previous funding commitment. CARRIED. Shire of Campaspe – Open section 11 February 2003 6570 15. TENDER EVALUATION REPORTS 15.1 Contract No. 14-02-2145 – Lease of Wet Dock Mooring (B. Carrolan – Contracts Manager) RECOMMENDATION 1. That Council do not accept the non conforming tender of Gary Byford and Council Officers be authorised to continue negotiations with the tenderer to either withdraw or vary tender offers which conflict with the requirements of the tender document. 2. That Council do not accept the non conforming tender received from Classic Steamboat Cruises and that the tenderer be advised that the premium lease payment offered is below market value. COUNCILLORS TOLL / REPACHOLI That the recommendation be adopted. CARRIED 15.2 Contracts Accepted Under Delegated Authority (B. Carrolan, Contracts Manager) 14-02-001 RECOMMENDATION That the report be received and noted. COUNCILLORS REPACHOLI / MCDONALD That the recommendation be adopted. CARRIED 15.3 Contract No. 14-02-2162 – Municipal Valuation Services for years 2004, 2006 & 2008 (B. Carrolan – Contracts Manager & P. Sing – Revenue Manager) RECOMMENDATION 1. That Council accept the tender from LG Valuation Services to provide revaluations for the Shire inclusive of supplementary and other valuation services required by Council for the years:2004 for the sum of $206,645 + Schedule of Rates 2006 for the sum of $206,645 + Schedule of Rates 2008 for the sum of $206,645 + Schedule of Rates 2. That Council sign and seal Contract Documents for Contract 14-02-2162 Provision of Valuation Services. 3. That Council, the “Shire of Campaspe” cause a General Revaluation in accordance with the prepared guidelines of Valuation Best Practice for the total area included within the Shire with such revaluation to be returned March 31, 2004 and to be used for rating purposes effective from July 1, 2004 with the appropriate notices to be served on the Office of the Valuer General and other rating Authorities interested in Shire of Campaspe – Open Section 11 February 2003 6571 the valuations of the said properties under Section 6(I) of the Valuation of Land Act 1960. COUNCILLORS REPACHOLI / RILEY That the recommendation be adopted. CARRIED 16. CONFIDENTIAL BUSINESS In accordance with Section 89 of the Local Government Act 1989, the following items will be considered as Confidential Business: 17. RATIFICATION OF CONFIDENTIAL ITEMS MOVED TO OPEN MINUTES No item was moved into the open minutes. There being no further business, the meeting concluded at 8.22 pm. ........................................... JOHN ELBOROUGH MAYOR Shire of Campaspe – Open section 11 February 2003
