Ordinary Council Meeting
Minutes
Wednesday 13 December 2017
Commencing at 7:00 pm
Wycheproof Supper Room
367 Broadway, Wycheproof
Lucy Roffey
Chief Executive Officer
Buloke Shire Council
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 December 2017
Minutes of the Ordinary Meeting held on Wednesday, 13 December 2017 commencing at 7:00 pm in the Wycheproof Supper Room, 367 Broadway, Wycheproof, ,
PRESENT
CHAIRPERSON:
Cr David Pollard Lower Avoca Ward
COUNCILLORS:
Cr Ellen White Mallee Ward
Cr David Vis Mallee Ward
Cr John Shaw Lower Avoca Ward
Cr Graeme Milne Mount Jeffcott Ward
Cr Caroline Stewart Mount Jeffcott Ward
Cr Daryl Warren Mount Jeffcott Ward
OFFICERS:
Lucy Roffey Chief Executive Officer
Anthony Judd Director Works and Technical Services
Hannah Yu Director Corporate Services
Jessie Holmes Director Community Development
AGENDA
1. COUNCIL WELCOME
WELCOME
The Mayor Cr David Pollard welcomed all in attendance.
STATEMENT OF ACKNOWLEDGEMENT
We acknowledge the traditional owners of the land on which we are meeting. We pay our respects to their Elders and to the Elders from other communities who maybe here today.
2. RECEIPT OF APOLOGIES
Nil.
3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING
That Council adopt the Minutes of the Statutory Meeting held on Wednesday, 8 November 2017 and Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 8 November 2017. Seconded: Cr John Shaw Carried. (R230/17) |
4. REQUESTS FOR LEAVE OF ABSENCE
Nil.
5. DECLARATION of PECUNIARY AND conflictS of interest
Cr Stewart declared an indirect Conflict of Interest in Item 8.2.9 Community Grants and Sponsorship, on the basis of being a Director of the Rex Theatre who is a recipient of a fund allocation.
Cr Milne declared an indirect Conflict of Interest in Item 8.2.6 Planning Permit Application 722/17, due to being an objector to this Planning Permit being approved.
Cr Pollard declared an indirect Conflict of Interest in Item 7.2 Letters of Congratulations, on the basis of a family member being one of the recipients listed in the report.
Cr Pollard declared an indirect Conflict of Interest in Item 8.2.9 Community Grants and Sponsorship, on the basis of being a Director of the Rex Theatre who is a recipient of a fund allocation.
6....... Questions from the Public
7.1 Report of Assembly of Councillors Meetings
7.2 Letters of Congratulations and Recognition of Achievement/Awards
7.3 Correspondence Initiated by Council
7.4 Building Permits - Monthly Update
7.5 Planning Applications Received - Monthly Update
7.6 Charlton Park Committee of Management
8.1.1 Kerbside Waste and Recycling Collection Policy
8.2.1 Building Better Regions Fund Application
8.2.2 Regional floodplain management strategies
8.2.3 Drought Communities Programme Applications
8.2.4 Green Lake Remediation Project Steering Committee
8.2.5 Council support for a planning scheme amendment if required for Green Lake, Sea Lake.
8.2.8 Draft Domestic Animal Management Plan 2018 - 2021
8.2.9 Community Grants and Sponsorship
8.3.1 Financial Performance as at 31 October 2017
8.4.1 Acting Chief Executive Officer
9.2 Questions from Councillors
9.2.2 Criteria for Australia Day Awards
9.2.3 Civic Receptions and Events Policy
9.5 Matters Which May Exclude The Public
The Meeting may be closed to members of the public to consider confidential matters.
9.5.1 C45 2017/18 Local Roads Rehabilitation Program 2017/18 (Yeungroon Road)
If the meeting has been closed it will be brought back into open session by resolution
NEXT MEETING
The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 14 February 2018 at 7.00pm.
LUCY ROFFEY
CHIEF EXECUTIVE OFFICER
6. Questions from the Public
7. Procedural Items
7.1 Report of Assembly of Councillors Meetings
Author’s Title: Administrative Support Officer - Executive Office
Department: Office of the CEO File No: GO/05/04
1 Councillor Briefing Record - 1 November 2017 2 Councillor Briefing Record - 15 November 2017 (Refer Agenda for Attachments |
That Council adopts the record of Councillor Briefings held on 1 November and 15 November 2017.
Seconded: Cr Carolyn Stewart Carried. (R231/17) |
Key Points/Issues
The Local Government Act 1989 (the Act) provides that a record must be kept of any Meeting of Councillors and Staff deemed to be an Assembly of Councillors Meeting as defined in the Act.
An Assembly of Councillors Meeting is defined in the Act as a meeting of Councillors if the meeting considers matters that are likely to be the subject of a Council decision or the exercise of delegation and the meeting is:
· A planned or scheduled meeting that includes at least half of the Councillors and a member of Council Staff; or
· An Advisory Committee of the Council where one or more Councillors are present.
The Act also provides that the record of any Assembly of Councillors is to be reported to the next practicable Council Meeting and recorded in the Minutes.
A record of the Councillor Briefings held on 1 November and 15 November 2017 are attached.
7.2 Letters of Congratulations and Recognition of Achievement/Awards
Author’s Title: Governance Officer
Department: Corporate Services File No: CR/13/01
Nil |
Cr Pollard declared an indirect Conflict of Interest in Item 7.2 on the basis of one of the recipients of a letter being a family member.
Cr Pollard left the Council
Chamber at 7.03pm.
That the Council acknowledge and congratulate the persons and/or groups mentioned in the report for their achievements.
Seconded: Cr Ellen White Carried. (R232/17) |
1. Executive Summary
This report acknowledges and congratulates community persons and/or groups for their success in being recognised for a significant achievement or for being a recipient of an honourable award.
The report also informs Council of any letters of congratulations or any particular recognition of achievement that Council has received or been awarded in the past month.
2. Recognition of Achievement Items
Provider |
Recipient |
Date |
Purpose for Recognition |
Victorian Country Press Awards Night Harness Racing Australia 2017 Joseph Coulter Media Awards |
Jenny Pollard
Jenny Pollard |
13 October 2017 23 November 2017 |
Winner of Sports Photography under 2000 circulation
Photograph ‘Suspend’ Winner of the Category ‘Best Published Action or Still Photograph’ |
Victorian Senior Secondary Leadership Awards |
Joe Collins Tyrrell College Student |
27 November 2017 |
Winner of the Victorian VCE Leader of the Year 2017 Award from a field of seven inspiring Victorian students |
Provider |
Recipient |
Date |
Purpose for Recognition |
Principals Australia Institute |
John Richmond Principal Birchip P-12 School |
16 November 2017 |
Recipient of a John Laing Award, along with eight other school principals, which recognises a commitment to education and consistent demonstration of outstanding leadership |
Buloke Shire Council |
Team Donncred and Captain Luen Donnellon |
13 December 2017 |
For their wonderful efforts for raising in excess of $43,000 in eleven years for the Movember Foundation established to raise funds to research cures and for the promotion of men’s health issues. The Foundation’s vision is “to have an everlasting impact on the face of men’s health”. |
Cr Pollard returned to the Council Chamber at 7.06pm.
7.3 Correspondence Initiated by Council
Author’s Title: Administrative Support Officer - Executive Office
Department: Office of the CEO File No: GO/06/09
Nil |
That Council notes the record of correspondence sent and responses received.
Seconded: Cr JOHN SHAW Carried. (R233/17) |
Table of correspondence
Council Initiative |
Correspondence sent to |
Date sent |
Date of response |
Summary of response |
Wooroonook Fire Station |
Frances Diver Chief Executive Officer CFA;
Hon James Merlino Minister for Emergency Services; and
Louise Staley MP
|
16 Nov 2017 |
11.12 2017 (from Louise Staley MP) |
Meeting held with CFA and advised that the station will include a meeting room. |
7.4 Building Permits - Monthly Update
Author’s Title: Compliance Administration Officer
Department: Planning and Community Support File No: DB/14/02
Nil |
That Council notes the information contained in the report on Building Permits approved by staff from 20 October to 30 November 2017.
Seconded: Cr Ellen White Carried. (R234/17) |
1. Executive Summary
This report provides information on the Building Permits approved by staff from 20 October 2017 to 30 November 2017.
2. List
of Building Permits Approved by Council Surveyor
Permit No. |
Address |
Project Description |
Date Approved |
20170083 |
Hopetoun-Sea Lake Road, BANYAN |
New Building: Hay/Machinery Shed |
23/10/2017 |
20170084 |
501 Pearses Road, DONALD |
New Building: Hay/Machinery Shed |
26/10/2017 |
20170085 |
367 Broadway, WYCHEPROOF |
Other: Change of use to Office plus Veranda |
26/10/2017 |
3. List of Building Permits Approved by Private Surveyors
Permit No. |
Address |
Project Description |
Date Approved |
20170087 |
343 Gil Gil Road, GIL GIL |
Re-erect Building: Dwelling |
12/10/2017 |
20170088 |
601 Nullawil Lalbert Road, KALPIENUNG |
New Building: Hay Shed |
20/09/2017 |
7.5 Planning Applications Received - Monthly Update
Author’s Title: Planning Officer
Department: Planning and Community Support File No: LP/09/01
Nil |
That the Council note information contained in the report on planning applications under consideration by staff and the status of each of these applications.
Seconded: Cr Graeme Milne Carried. (R235/17) |
1. Executive Summary
This report advises provides information on planning applications under consideration by staff and the status of each of these applications.
2. List of Planning Applications
Application No |
Applicant |
Address |
Date Rec |
Summary of Proposal |
Status |
PPA729/17 |
Wycheproof Men’s Shed |
271 Broadway, Wycheproof |
28/11/17 |
An extension of the existing building |
New |
PPA728/17 |
Kate McWhinney (Mallee CMA) |
Church St., Culgoa (CA 14 Section A Parish Kaniera) |
21/11/17 |
Upgrade existing walking trail and installation of signage and directional bollards |
Further information requested |
PPA727/17 |
Kevin Willey (Charlton Angling Club) |
Mildura Way, Charlton |
06/11/17 |
Construction of a boat ramp |
Referral |
PPA722/17 |
A & G Chadha |
5-7 Waddell St., Watchem |
09/10/17 |
Use and development of land for a 80kw ground mounted solar PV system |
Report to council |
Application No |
Applicant |
Address |
Date Rec |
Summary of Proposal |
Status |
PPA721/17 |
Price Merrett Consulting |
1061 Birchip-Rainbow rd., Reedy Dam |
19/09/17 |
Two lot sub division of land (rural dwelling excision ) |
Report to council |
PPA716/17 |
Tyson Fehring (Graincorp) |
3622 Sunraysia Highway, Donald |
11/09/17 |
Building and works for the construction of grain bunkers and earthworks for stormwater management (reduced scope of works for this season ) |
Applicant request for staged permit |
7.6 Charlton Park Committee of Management
Author’s Title: Governance Officer
Department: Corporate Services File No: ED/05/15
1 Charlton Park Comm of Management Minutes 2 Oct 2017 (Refer Agenda for Attachment) |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Support our councillors, staff, volunteers and the community to make informed and transparent decisions.
That Council notes the Minutes of the Ordinary Meeting of the Charlton Park Committee of Management for 2 October 2017.
Seconded: Cr Ellen White Carried. (R236/17) |
1. Executive Summary
Charlton Park Committee of Management is a Special Committee of Council under Section 86 of the Local Government Act 1989. The minutes of meetings held by this committee should be noted by Council.
2. Discussion
Charlton Park Committee of Management held an Ordinary Meeting on 2 October 2017. The meeting minutes have been attached to this report.
3. Financial Implications
Council is required to report on financial reports of Special Committees of Council.
4. Cost Shift Considerations
There are no cost shift considerations.
5. Community Consultation
No community consultation is necessary for the purposes of this report.
6. Internal Consultation
Senior Management has been consulted in preparation of this report.
7. Legislative / Policy Implications
Council’s noting of the meeting minutes of Special Committees meets the requirements under the Local Government Act 1989.
8. Environmental Sustainability
There are no environmental sustainability matters arising from this Report.
9. Conflict of Interest Considerations
No officer involved in the preparation of this report had a conflict of interest.
10. Conclusion
It is recommended Council notes the minutes of the Ordinary Meetings of Charlton Park Committee of Management held on 2 October 2017.
8. General Business
8.1.1 Kerbside Waste and Recycling Collection Policy
Author’s Title: Director Works and Technical Services
Department: Works and Technical Services File No: WM/03/02
1 Kerbside Waste and Recycling Collection Policy (Refer Agenda for Attachment) |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Responding to and enhancing our built and natural environment
That Council adopts the Kerbside Waste and Recycling Collection Policy. Seconded: Cr Carolyn Stewart Carried. (R237/17) |
1. Executive Summary
This report is presented to Council to consider the review and adoption of the Kerbside Waste and Recycling Collection Policy. This policy review has been identified as a priority project in the Council Plan and the 2017/18 Annual Plan.
2. Discussion
As part of Council’s rolling policy review, the Kerbside Waste and Recycling Collection Policy has been revisited. Council’s kerbside collection service is an important and highly valued service to Buloke Shire residents. It is also an essential element of Council’s overarching emphasis on improving our waste and environmental management.
The Kerbside Waste and Recycling Collection Policy is designed to ensure the delivery of a safe, consistent, environmentally sustainable and economically viable kerbside waste and recycling collection service.
The review has been conducted with consideration of relevant legislation and strategic documents such as Council’s Waste Management Strategy and the Loddon Mallee Waste and Resource Recovery Implementation Plan.
Whilst the review has not outlined major changes to the service, some of the key amendments include:
· Removing the need for a statutory declaration when a bin has been stolen.
· Outlining the process for requests for extension of the service into rural areas.
· Outlining the processes and consequences for users of the service who do not comply with bin contamination rules.
· Mandating the need that new bin surround installations in public parks include both garbage and recycling bins.
In reviewing this policy, staff have benchmarked the service policy against neighbouring councils.
3. Financial Implications
The revised policy will not have any significant change to the service provision and therefore no financial implications for Council.
4. Cost Shift Considerations
There are no cost shift considerations in this report.
5. Community Consultation
The policy outlines opportunities for consultation with the community where residents request to extend the service, receive additional bins or have issues with contaminated recycling.
6. Internal Consultation
Councils Works and Technical Services team and the Senior Leadership Team have provided input into the review
7. Legislative / Policy Implications
The following legislative and policy documents have been considered in the review of the policy:
· Environment Protection Act 1970
· Environment Protection (Amendment) Act 2014
· Disability Discrimination Act (1992)
· Getting Full value – Victorian Waste & Resource Recovery Policy April 2013
· National Waste Policy: Less Waste, More Resources 2009
· Victorian Charter of Human Rights and Responsibilities 2007
· Contract C14 – 2014/19 – Waste & Recycling Collection Service (extended until 30 June 2019)
· Buloke Shire Council Waste Management Strategy – 2012-2022
· BSC Waste Management Strategy – Action Plan 2017/2018
· Loddon Mallee Waste and Resource Recovery Implementation Plan
8. Environmental Sustainability
The policy attempts to improve Councils environmental performance, through the proposed increase of provision of public place recycling bins and documented process of dealing with contaminated recycling bins.
9. Conflict of Interest Considerations
No staff involved in the preparation of this report have a conflict of interest.
10. Conclusion
The review provides a clearer framework for the kerbside waste and recycling collection process and documents the framework of the essential community service. It is recommended that Council adopts Kerbside Waste and Recycling Collection Policy.
8.2 Management Reports
8.2.1 Building Better Regions Fund Application
Author’s Title: Manager Community Facilities
Department: Works and Technical Services File No: GS/09/49
Nil |
Relevance to Council Plan 2015 - 2019
Strategic Objective: Influencing governments to improve liveability for rural communities
That Council: 1. Submits an application for $500,000 to the Building Better Regions Fund for the Donald Multipurpose Community Facility Development; and
2. Confirms its commitment of $500,000 for the project as a part of the 2018/19 and 2019/20 capital budgets.
Seconded: Cr Graeme Milne Carried. (R238/17) |
1. Executive Summary
This report is presented to Council to consider a funding application for the Donald Multipurpose Community Facility Development under the recently released Building Better Regions Fund (BBRF).
2. Discussion
On 8 November 2017 the Australian Government announced the release of the program guidelines for Round 2 of the BBRF. The BBRF has been created to invest $297.7 million over four years in infrastructure projects and community investments to create jobs, drive economic growth and build stronger regional communities into the future. Grants are available through two funding streams; Infrastructure Projects and Community Investments.
The BBRF allows a maximum grant amount of $10 million at a $1:$1 ratio (for every $1 of grant funding requested Council must contribute at least $1). Applicants may apply for a partial or full exemption to the co-funding requirement if exceptional circumstances can be demonstrated.
The Donald Multipurpose Community Facility development is a key project of Council’s Major Project Pipeline and has attracted recent investment $1.1 million from the State Government along with Council committing $475,000 of its $1.5 million allocation from the Federal Government’s Drought Communities Program.
The project will see the extension and redevelopment of the Stadium complex on the Donald Recreation Reserve which is the most used facility within the Buloke Shire, seeing 600 users per week utilise aspects of the facility. The current estimate for the project is $2,870,000.
As Council has previously committed $500,000 toward this project in applications to the State Government, it is recommended that Council continue this level of commitment.
Officers have discussed this application with Andrew Broad, Member for Mallee, and also Regional Development Victoria and Regional Development Australia members.
Council’s previous applications to Round 1 of the BBRF has seen a request for an exemption to the co-funding requirements of $1:$1. In the case of this application, a request for exemption is not necessary as long as Council retains its previous commitment of $500,000 to the project.
3. Financial Implications
If successful in this funding application, it is anticipated the project would be completed in the 2018/19 and 2019/20 financial year. A co-contribution of $500,000 would be required for the project, and Council would need to consider this in the development of the 2018/19 and 2019/20 capital budgets.
4. Cost Shift Considerations
There are no cost shift considerations in this report.
5. Community Consultation
Staff have held frequent meetings with the Donald Community Precinct Committee in the development of this project.
Officers have discussed this application with Andrew Broad, Member for Mallee, and also Regional Development Victoria and Regional Development Australia members.
6. Internal Consultation
Staff from the Senior Leadership Team and Works and Technical department have been consulted in the development of this report.
7. Legislative / Policy Implications
Construction would be completed in line with relevant building and environmental regulations and tendering procedures would be complied with.
8. Environmental Sustainability
Environmentally sustainable design features will be included in the development of the project.
9. Conflict of Interest Considerations
No officer involved in the preparation of this report had a conflict of interest.
10. Conclusion
The Donald Multipurpose Community Facility Development is a key project that will benefit the Donald community and wider Buloke residents. It is recommended that an application be made under the BBRF for the Donald Multipurpose Community Facility Development.
8.2.2 Regional floodplain management strategies
Author’s Title: Manager Emergency and Project Coordination
Department: Works and Technical Services File No: ES/13/01
(Refer Agenda for Attachments) |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Responding to and enhancing our built and natural environment
That Council endorse the Mallee Regional Floodplain Management Strategy and associated works plan. Seconded: Cr Carolyn Stewart Carried. (R239/17) |
1. Executive Summary
Victorian Catchment Management Authorities have been working with local communities, traditional owners, councils, the Victorian State Emergency Service (VisSES) and other regional agencies to prepare regional floodplain management strategies (RFMS). The RFMS respond to outcomes of the 2016 Victorian Floodplain Management Strategy with the aim to:
· Build flood resilience - by sharing information about flood behaviour
· Reduce flood risks – through emergency management, flood mitigation infrastructure works and activities, and risk management
· Manage residual flood risks – through flood insurance, sharing flood risk information, integrated flood emergency management and incident control.
The Buloke Shire extends across the North Central, Mallee and Wimmera catchment management authority regions, and is therefore subject to three RFMS. Whilst the strategies are stand-alone documents, the tools and processes used to develop them have been the same, resulting in a consistent assessment of flood risk and priority actions.
The purpose of this report is for the endorsement of the draft Mallee Floodplain Management Strategy and associated regional works plan.
2. Discussion
A steering committee was established in October 2016 to oversee the development of the Mallee RMFS, comprising representatives from:
· Mildura Rural City Council
· Swan Hill Rural City Council
· Buloke Shire Council
· Yarriambiack Shire Council
· Hindmarsh Shire Council
· VicSES
· Lower Murray Water
· GWM Water
· DELWP
· Mallee CMA
The plan highlights a range of strategies impacting on the whole region, but some of the specific actions to Buloke Shire Council include:
· Review of Tyrrell and Lalbert creek flood mapping
· Review channels and levee across the creek floodplain
· Develop a flood management/mitigation plan for Culgoa
· Drainage improvements in Nullawil
· Flood warning station/gauges at Culgoa.
At this stage, the plan does not commit Council to funding any or all of the above projects, however staff will need to spend time in considering the actions and partnering with relevant agencies.
3. Financial Implications
The prioritisation of projects within each RFMS prioritises project funding from Commonwealth and State Governments and local beneficiary contribution (local government), particularly for infrastructure investment where benefits outweigh the costs.
Flood studies are generally funded by State Government, whilst local government contributes to planning amendments.
4. Cost Shift Considerations
N/A
5. Community Consultation
A public consultation draft of the Mallee RFMS was endorsed by the steering committee organisations and released for stakeholder and broader community comment on 11 September 2017. Promotion of the public consultation included:
· Articles in local media, on the Mallee CMA website and in social media posts
· Targeted emails to stakeholder and community group representatives
· Presentations to community advisory committees and organisations represented on the Mallee RFMS steering committee
· Buloke Shire Council website and social media posts
The public consultation period closed 6 October, with only minor comments received. The feedback was considered by the steering committee on 24 October; with agreed changes amended in the final draft RFMS.
6. Internal Consultation
The draft Mallee RFMS was presented to the Municipal Flood Emergency Planning Committee; and to Councillors at a briefing on 16 August.
7. Legislative / Policy Implications
The regional floodplain management strategy responds to outcomes of the 2016 Victorian Floodplain Management Strategy and will align with priorities of municipal flood and drainage management plans.
8. Environmental Sustainability
The RFMS considers environmental management issues and outcomes.
9. Conflict of Interest Considerations
Nil
10. Conclusion
Buloke Shire Council includes a number of high risk communities to major flooding which have been impacted multiple times and most recently 2010, 2011 and 2016. Whilst endorsement by participating stakeholders and adoption by the State Government sets funding priorities for individual projects, Council may determine which projects to proceed with or reject at any time. This report recommends supporting and endorsing the RFMS and associated works plan.
8.2.3 Drought Communities Programme Applications
Author’s Title: Director Works and Technical Services
Department: Works and Technical Services File No: GS/03/07
Nil |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Responding to and enhancing our built and natural environment
That Council submits applications for $25,000 for the Charlton Park 2020 Development and $25,000 for the Donald Community Precinct Development under the Federal Government Drought Communities Programme. Seconded: Cr Carolyn Stewart Carried. (R240/17) |
1. Executive Summary
This report is presented to Council to consider making applications under the Drought Communities Programme for the Charlton Park 2020 Project and the Donald Community Precinct Development project.
2. Discussion
In July 2016, Council made a decision to apply for a range of projects under the $1.5million Drought Communities Program. The resolution was to support the following projects:
· Berriwillock Bowling Green redevelopment: $200,000
· Green Lake Water Security project: $50,000
· Charlton Park 2020 development: $775,000
· Donald Community Precinct development: $475,000.
The report also noted that funds under the program were required to be expended by June 2019 and outlined the following:
Given the timeframes to spend the money and that each project requires significant investment from the state government and community, there will be a need to review the progress of each project against the capital strategy in December 2017.
Importantly, the state and community have now committed to all of these projects and applications have already been approved for the Berriwillock project and construction commenced.
The original amount of $50,000 for the Green Lake project was to support the development of the Cultural Heritage Management Plan (CHMP). The State Government have committed to funding the whole project and already awarded the contract for the CHMP. Therefore, it is recommended that the $50,000 be re-allocated to a different project.
In considering which different options available, officers reviewed the funding strategy of critical projects against current available budget. The Charlton Park 2020 Project and the Donald Community Precinct development are two of Council’s signficant projects and both feature in the Council Plan.
Given the size of these projects and the need to source additional funds, officers are recommending that applications be made for $25,000 for both the Charlton Park 2020 development and the Donald Community Precinct development. This would raise the federal contribution to $800,000 for the Charlton Park 2020 development and $500,000 for the Donald Multi-Purpose Centre development.
These applications can be made at any time up until June 2019.
3. Financial Implications
This recommendation aims to mitigate some of the financial risk associated with these projects. With a combined construction budget of $7.0 million, these projects are two of the largest projects that Council will deliver in some time, and the allocation of additional funding will help secure enough for the construction.
4. Cost Shift Considerations
There are no cost shift considerations in this report.
5. Community Consultation
These projects are a result of significant community consultation and have been driven by two strong community groups.
6. Internal Consultation
The Senior Leadership Team has been consulted in the development of this report..
7. Legislative / Policy Implications
These projects feature very strongly throughout the Council Plan and are also projects that have been identified under the Major Projects Pipeline.
Each project will be designed, tendered and constructed to relevant building, planning and procurement legislation.
8. Environmental Sustainability
Each building will have environmentally sustainable design features incorporated into the build.
9. Conflict of Interest Considerations
No staff involved in the preparation of this report has a conflict of interest.
10. Conclusion
It is recommended that Council submit applications for $25,000 each for the Charlton Park 2020 Project and the Donald Community Precinct Development project.
8.2.4 Green Lake Remediation Project Steering Committee
Author’s Title: Director Works and Technical Services
Department: Works and Technical Services File No: GS/03/07
1 Green Lake Remediation Project Committee of Management Terms of Reference (Refer Agenda for Attachment) |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Responding to and enhancing our built and natural environment
That Council nominates Cr David Vis to be the elected representative on the Green Lake Remediation Project Steering Committee.
Seconded: Cr Carolyn Stewart Carried. (R241/17) |
1. Executive Summary
This report is presented to Council to decide on the councillor representative to be the nominee on the Green Lake Remediation Project Steering Committee.
2. Discussion
Over the past eighteen months, Council has led and delivered the development of a business case for securing water at Green Lake. The aim of the Green Lake Remediation Project is to reduce lake seepage losses and return it to a viable recreational water body in the Shire.
In October 2017, the Hon. Lisa Neville, Minister for Water, announced $2million for the project and that GWM Water would deliver the project.
Since this time, GWM Water have commenced planning works and established the Terms of Reference for the Green Lake Remediation Project Steering Committee. GWM Water has requested that Council nominate one elected representative to sit on that Committee, alongside the Director Works and Technical Services.
Other members on the Committee include GWM Water, Department of Environment Land Water and Planning, Barengi Gadjin Land Council and Green Lake Committee of Management representatives.
Appointments to the Steering Committee will be for one year from the date of appointment or until the project is completed and the lake is formally handed back to the Council and Committee of Management, whichever is the earlier date.
Whilst GWM Water will manage the project, Buloke Shire Council still maintains a key role in stakeholder management and community engagement.
The Terms of Reference for the Committee is attached to this report.
3. Financial Implications
There are no financial implications involved with this recommendation.
4. Cost Shift Considerations
There are no cost shift considerations in this report.
5. Community Consultation
The original Green Lake Remediation Project Business Case involved a range of community consultation. Council will continue to play a role in stakeholder and community consultation throughout the project.
6. Internal Consultation
The Senior Leadership Team have been briefed on the project.
7. Legislative / Policy Implications
There are a number of statutory approvals that are required before this project can commence. GWM Water are responsible for obtaining these approvals.
The Green Lake project features heavily in the Council’s strategic planning documents. It is a key project in the Major Projects Pipeline and to ‘lobby state and federal government to complete water security works at Green Lake’ is a direct action from the Council Plan.
8. Environmental Sustainability
The project has had two environmental reports, which will form the basis of planning permit applications and native vegetation offset requirements.
9. Conflict of Interest Considerations
The Terms of Reference outlines the requirements for members pertaining to conflict of interest.
10. Conclusion
As a key project for Council, it is important that there are appropriate representatives on the Green Lake Remediation Project Steering Committee.
8.2.5 Council support for a planning scheme amendment if required for Green Lake, Sea Lake.
Author’s Title: Director Community Development
Department: Planning and Community Support File No: LP/09/12
Nil |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Responding to and enhancing our built and natural environment
That Council resolve to support a request to the Minster for Planning to intervene in the Buloke Planning Scheme and prepare, adopt and approve a planning scheme amendment, without notice, to facilitate the 'Bringing Water back to Green Lake Project', if it is required.
Seconded: Cr David Vis Carried. (R242/17) |
1. Executive Summary
Current advice to Council staff is that the rezoning of Green Lake, Sea Lake from Public Conservation and Resource Zone (PCRZ) to Public Park and Recreation Zone (PPRZ) would be more conducive to proposed works being progressed in a more efficient manner. The Regional Planning Office of DELWP is able to prepare and request a Ministerial planning scheme amendment with exemptions from notice.
2. Discussion
With the recent announcement of a commitment to works at Green Lake to provide future water security, the statutory processes have commenced including preparation of Cultural Heritage Management Plans and planning approvals.
As this process has progressed, it has become clear that a planning scheme amendment to rezone the land from PCRZ to PPRZ may be a more appropriate reflection of the intended purpose of the lake.
If a planning scheme amendment is required, it is recommended that the Regional Planning Office prepare the documentation and request of the Minister a 20(4) amendment which exempts public exhibition. The office has indicated they are prepared to carry out this work.
The Minister requires support from Council for any planning scheme amendment undertaken under 20 (4) of the Planning & Environment Act 1987.
If a planning scheme amendment is not required this report will become moot.
3. Financial Implications
The Regional DELWP Planning Office would prepare the planning scheme amendment.
4. Cost Shift Considerations
The Regional DELWP Planning office would prepare the planning scheme amendment.
5. Community Consultation
There has been no community consultation and should a Ministerial amendment take place, it would be via a 20(4) amendment exempting public exhibition.
6. Internal Consultation
Discussions with the Chief Executive Officer and Director of Works and Technical Services have taken place.
7. Legislative / Policy Implications
The Planning & Environment Act 1987 sets out the legislation for planning scheme amendments.
8. Environmental Sustainability
Any environmental sustainability impacts will be considered through the statutory consent process.
9. Conflict of Interest Considerations
Nil
10. Conclusion
It is recommended that Council resolve to support a request to the Minster for Planning to intervene in the Buloke Planning Scheme and prepare, adopt and approve a planning scheme amendment, without notice, to facilitate the 'Bringing Water back to Green Lake Project', if it is required.
8.2.6 Planning Permit Application 722/17 - Use and development of land for a Renewable Energy Facility (Solar Panels) in the Township Zone
Author’s Title: Planning Officer
Department: Planning and Community Support File No: LP/09/01
Nil |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Responding to and enhancing our built and natural environment
Cr Milne declared an indirect Conflict of Interest in Item 8.2.6 due to being an objector to this Planning Permit being approved.
Cr Milne left the Council Chamber at 7.45 pm.
That Council issues a Notice of Decision to refuse planning permit application 722/17 for the use and development of land for a renewable energy facility. Seconded: Cr Carolyn Stewart Carried. (R243/17) |
1. Executive Summary
A Planning permit application was received by Council on the 9th October 2017 for the use and development of land for a renewable energy facility being an 80kw ground mounted solar panel system at 5-7 Waddell Street, Watchem.
2. Discussion
The application is for the property 5-7 Waddell Street, Watchem (Lots 1 & 2 of Title Plan 324733). The property is 1745 m2, relatively flat, and no trees are present on the property. The eastern boundary of the property adjoins Waddell Street. The northern boundary adjoins an unsealed Council lane, which is utilised by the residents of 10 Hoban Street to access their property from the rear of their block. The southern boundary adjoins residences at 9 Clark Street and 9 Waddell Street. The western boundary adjoins a vacant allotment. There is also a residential property at 7 Clark Street
The proposal comes under the land use term ‘renewable energy facility’ as defined in the planning scheme. This is distinct from a renewable energy installation used to supply energy for an existing use of the land. Renewable Energy facility is a Section 2 land use in the Township Zone; planning permit required.
The facility as proposed is to consist of four rows of solar panels each approximately 41 metres long with approximately 4.5 metres between each row of panels. The panels are approximately 2.2 metres high. The applicant proposes to fence the property with 1.5 metre high treated pine paling fence. The applicant proposes to keep weed and grass growth under control by mowing and herbicide application.
Buloke Planning Scheme
State Planning Policy Framework
Clause 15 Built Environment and Heritage
Planning should achieve high quality urban design and architecture that:
· Contributes positively to local urban character and sense of place.
· Reflects the particular characteristics, aspirations and cultural identity of the
community.
· Enhances liveability, diversity, amenity and safety of the public realm.
· Promotes attractiveness of towns and cities within broader strategic contexts.
· Minimises detrimental impact on neighbouring properties.
Clause 15.01-2 Urban design Principles
Objective - To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.
Strategies- apply design principles to non-residential development;
· Development must take into account the natural, cultural and strategic context of
its location.
· New development should create urban environments that enhance personal
safety and property security and where people feel safe to live, work and move
in at any time.
Clause 15.01-5 Cultural identity and neighbourhood character
Objective- To recognise and protect cultural identity, neighbourhood character and sense of place.
Strategies-
· Ensure development responds and contributes to existing sense of place and cultural identity.
· Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising: the heritage values and built form that reflect community identity and the values, needs and aspirations of the community
Clause 19.01-1 Provision of renewable energy
Objective – to promote the provision of renewable energy in a manner that ensures appropriate siting and design considerations are met.
Strategies –
· facilitate renewable energy development in appropriate locations
· In considering proposals for renewable energy, consideration should be given to the economic and environmental benefits to the broader community of renewable energy generation while also considering the need to minimise the effects of a proposal on the local community and environment.
Local Planning Policy Framework
Municipal Strategic Statement
Clause 21.01-3 Key Issues
Under ‘Social and Economic development’ the Municipal Strategic Statement recognises the importance of enhancing the viability of townships by encouraging appropriate development and maintaining and / or improving urban character, amenity and services.
Clause 21.02 Settlement, built environment, heritage and housing
The centres of the main townships will benefit from a flexible approach to land use and development, allowing them to respond to new opportunities.
This flexibility should not prejudice the amenity of the towns, the efficient use of
infrastructure or the continuation of agriculture on the fringe of the townships.
Clause 21.02-2 Townships
Objective 1- to provide high quality, attractive, functional and efficient townships.
Strategies –
· Consider local heritage values, built character and streetscape of towns when designing and siting development
· Require that the design of new buildings and works in addition to existing buildings must be in keeping with the streetscape character and built form of the area
· Recognise that the design of buildings, their mass and scale is important in preserving the historical attributes and visual character of towns.
· Consider the presentation of town entrances and streetscapes and their capacity to attract tourism, encourage development and demonstrate civic pride in determining applications for land use and development.
Objective 2 – to develop vibrant and high quality living environments with ready access to a range of facilities and services.
Strategies –
· Encourage land use and development that minimises conflict between residential,
industrial and rural land and protects residential amenity.
Objective 3 – to encourage new land use and development proposals without compromising residential amenity or agricultural land use.
Strategies –
· Consider the need to protect the amenity and character of sensitive land uses within the main towns when assessing use and development proposals, particularly those which may be inappropriate or incompatible.
The strategies will be implemented through the planning scheme by applying the Township Zone to provide for a range of urban uses, while maintaining residential amenity in towns.
Clause 21.04 Economic development
Buloke Shire has several areas of industrial development and intends to ensure new industrial use and development proceeds in a manner that is consistent with the township and landscape character of the area, existing standard of amenity, infrastructure capacity and environmental standards.
Clause 21.05-2 Renewable Energy
Objective- To facilitate the development of a more sustainable, renewable energy industry for the municipality.
Strategies-
· Encourage the use and development of land in the municipality for renewable energy facilities.
· Support community initiatives in relation to renewable energy.
Local Planning Policies
Clause 22.01 Discretionary Uses in the Township Zone
Policy Basis- The Township Zone provides for a wide range of non-residential uses subject to a permit.
While this flexibility enables significant potential for new development, non-residential
uses have the potential to adversely affect the amenity of residential areas.
Objectives-
· To ensure that the residential amenity of the towns is not adversely affected by non-residential uses.
· To promote the appropriate development of non-residential uses within the Township Zone.
Policy-
It is policy that the following matters be taken into account when considering applications
for discretionary uses and associated development on land in the Township Zone:
· Buildings and works should be consistent with the scale, bulk and character of
adjoining residential areas.
The property is zoned Township Zone (TZ) with no planning overlay applying to the land. The purpose of the Township 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 development and a range of commercial, industrial and other uses in small towns.
· To encourage development that respects the neighbourhood character of the area.
· To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.
Comment on purpose of Township Zone;
The general purpose of the zone is to provide for residential uses, but also to provide a flexibility of land uses and development that has historically or organically occurred in small townships. Discretionary uses should respect the neighbourhood character of the area and non-residential uses should serve local community needs in appropriate locations.
Decision Guidelines
The decision guidelines in the Township Zone require council to consider:
· State planning policy and the local planning policy framework including the Municipal Strategic statement – see previous in this report.
· The objectives of a schedule to this zone – none applicable to this application.
· The protection and enhancement of the character of the town and surrounding
area including the retention of vegetation – no vegetation is proposed to be removed, the proposed development is at variance to the existing residential character of the immediate neighbourhood.
· The availability and provision of utility services, including sewerage, water,
drainage, electricity, gas and telecommunications – services are available relevant to the development requirements.
· The design, height, setback and appearance of the proposed buildings and works
including provision for solar access. – the panels will be approximately 2.2 m high and are proposed to be setback 5.5 metres from the property boundary adjoining Waddell St. The property is proposed to be fenced with a 1.5 m high pine paling fence.
· Provision of car parking and landscaping – car parking is available in the area, it is not predicted that there would be a large change in demand for parking after the completion of the building stage, no landscaping has been proposed.
· The effect that existing uses on adjoining or nearby land may have on the
proposed use – the surrounding existing uses are not expected to effect the proposed development
· The scale and intensity of the use and development.- the development is of a scale and intensity unusual for solar panels in the Township Zone. The proposal will utilise a significant area of the property
· The safety and amenity effects of traffic to be generated by the proposal – it is not considered the proposal would generate extra traffic of an amount that would affect amenity or safety. The property adjoins a sealed road.
Section 60 of the Planning and Environment Act 1987 sets out what matters a responsible authority must consider.
(1) Before deciding on an application, the responsible authority must consider—
(a) the relevant planning scheme; - Buloke Planning Scheme is the relevant planning scheme
(b) the objectives of planning in Victoria; - this report gives consideration to the objectives of planning as part of the permit application process
(c) all objections and other submissions which it has received and which have not been withdrawn; - this report gives consideration to the objections and submissions lodged and has conducted a mediation meeting in which the applicant and objectors have been able to attend.
(d) any decision and comments of a referral authority which it has received – Powercor is the relevant referral authority, Powercor does not object subject to conditions
(e) any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development;- the proposal will not negatively affect the water or air quality in the immediate neighborhood. Any chemicals used to control weeds would need to be used in accordance with the label. It is not considered that environmental conditions would have a significant effect on the proposal
(f) any significant social effects and economic effects which the responsible authority considers the use or development may have – the proposal is considered to have a neutral economic effect on the neighborhood, there are a number of objectors to the proposal indicating that there may be a social effect on the community but these have not been substantiated through a social impact study.
(1B) For the purposes of subsection (1)(f), the responsible authority must (where appropriate) have regard to the number of objectors in considering whether the use or development may have a significant social effect - there were 6 objections received including one from the Watchem Development Association. A petition was received in relation to the proposal with 54 signatures with each signatory taken as an individual objection. Watchem has a population of 141 this is a significant response to a planning permit application and is an indicator that a sizable segment of the Watchem community do not feel that this is an appropriate development for this location. The objectors are concerned with the maintenance of the block in regard to keeping growth under control to minimise potential fire hazard and access to the property for fighting purposes. There is also concern about the use of chemicals to maintain the property. Visual amenity was also raised as a concern and that the proposed development is an inappropriate use of residential land with no community net benefit.
Clause 65 Decision guidelines
Clause 65.01 Approval of an application
The responsible authority must consider as appropriate:
· The matters set out in Section 60 of the Act – see above.
· The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies. – see previous discussion.
· The purpose of the zone, overlay or other provision.- see previous discussion.
· Any matter required to be considered in the zone, overlay or other provision.- see previous.
· The orderly planning of the area. – although there is provision in the Township Zone for flexibility of land uses, it is with the qualification that the development respects the neighbourhood character of the area and that the non-residential uses are to serve local community needs in appropriate locations.
· The effect on the amenity of the area. – the proposed development will not emit noise, artificial light, smell, fumes, smoke, dust or the like. The proposed development will not generate large volumes of traffic after construction. The proposal will have an effect on the visual amenity of the area.
· The proximity of the land to any public land – the land adjoins public roads, no other public land adjoins the land. There is VicTrack land opposite.
· Factors likely to cause or contribute to land degradation, salinity or reduce water
quality – the proposed development is not considered to contribute to land degradation or reduced water quality
· Whether the proposed development is designed to maintain or improve the
quality of stormwater within and exiting the site – the proposed development is not considered to negatively affect the quality of stormwater
· The extent and character of native vegetation and the likelihood of its
destruction – no native vegetation is present on this property
· Whether native vegetation is to be or can be protected, planted or allowed to
regenerate – no native vegetation is proposed to be established
· The degree of flood, erosion or fire hazard associated with the location of the
land and the use, development or management of the land so as to minimise any
such hazard – the proposed development is not considered to increase flood or erosion hazard. The property would be required to be maintained in fire safe condition as per the Councils fire hazard process.
Mediation Meeting for Objectors and Applicant held Watchem Town Hall 10.00am 22nd November 2017.
18 people including the applicant attended a mediation meeting to discuss the proposal. The objectors raised concerns about:
1) Fire Risk: - fire danger, access to the property for firefighting purposes, safety for fire fighters, and maintenance of the property to be kept in a fire safe condition.
The applicant indicated that maintenance of the property would be via regular mowing and the use of chemicals to prevent weeds. Consideration would need to be given to access on site in an emergency situation given the site coverage of the built envelope.
2) Amenity:- glare, visual amenity, maintenance of old existing septic tank onsite
The application gives consideration to the orientation of the panels to reduce visual amenity impacts including glare as the panels absorb the sunlight and do not reflect it. Aged septics are an ongoing issue as considered in our Domestic Wastewater Management Plan and it is the responsibility of the landowner to ensure maintenance and prevent potential health hazards due to works disturbance.
3) Social and Economic benefit:- no direct benefit to the community
The applicant indicated that there may be some opportunities for locals to be employed in the mowing and maintenance of the property. A local business is proposed to be used for the installation of the facility.
4) External and Internal siting:- inappropriate location, which boundaries will be fenced and the height of the fencing, concerns about setting a precedent encouraging further developments of this type in Watchem and other small towns with cheap land.
The Planning scheme and decision guidelines do give significant weight to appropriate siting within the residential zones of land uses, and buildings and works. There is a small role in planning schemes to ensure consideration is given to whether a use or development may potentially alter land use patterns.
The applicant indicated that the fence could be built to a height of 1.8 metres if that would help with visual amenity. The applicant is intending to fence where there are no existing fences. The applicant believes that the feed-in infrastructure is not available for further large developments in Watchem.
5) Health Impacts: - health concerns – do inverters interfere with pace makers, questions regarding legislation that governs the safety of these types of installations.
These issues are outside the decision guidelines of the land use planning system.
The general consensus from the submitters at the meeting was that this is an inappropriate location for this development. The Applicant responded to these concerns. There was no indication that objectors would be withdrawing objections to this proposal.
Conclusion
Although there is support for the establishment and promotion of renewable energy facilities in the Buloke Planning Scheme, there is an emphasis on these types of developments being sited in appropriate locations. The Buloke Planning Scheme provides protection for the residential amenity of townships. The Municipal Strategic Statement at Townships has an objective to encourage new land use and development proposals without compromising residential amenity.
Protecting neighbourhood character and streetscape built form are important when assessing development applications. Local planning policy is contained within the planning scheme to ensure that the residential amenity of the towns is not adversely affected by non-residential uses. The purpose of the Township Zone is to provide for residential uses and discretionary uses should respect the neighbourhood character of the area and non-residential uses should serve local community needs in appropriate locations.
On balance, and taking into account the number of objections, the planning department recommends refusing the granting of the permit for the renewable energy facility at 5-7 Waddell Street Watchem.
3. Financial Implications
A notice of decision to approve or refuse a planning permit application brings the potential for an application to VCAT for a review of the decision by the objectors or the applicant. Council would be a participant in the process and may incur associated legal costs.
4. Cost Shift Considerations
There are no known cost shift considerations to Council.
5. Community Consultation
Notice of Application was undertaken in accordance with the Planning & Environment Act 1987 by placing a notice in the locally circulating newspaper (The Buloke Times) on the 17th October 2017 and by sending six letters to adjoining land owners.
Objections were received and a mediation meeting was held in the Watchem Town Hall at 10am on the 22nd November 2017.
6. Internal Consultation
Internal consultation was undertaken within the planning office.
7. Legislative / Policy Implications
The actions are in accordance with the Planning and Environment Act 1987
8. Environmental Sustainability
The application is for a solar energy facility which would reduce production of pollutants associated with other energy production systems.
9. Conflict of Interest Considerations
No officer involved in the preparation of this report has a conflict of interest.
10. Conclusion
It is recommended that the application for planning permit 722/17 for the renewable energy facility at 5-7 Waddell Street, Watchem, be refused.
Cr Milne returned to the Council Chamber at 8.00 pm.
8.2.7 Planning Permit Application 721/17 - Two lot subdivision in the Farming Zone (Rural Dwelling Excision)
Author’s Title: Planning Officer
Department: Planning and Community Support File No: LP/13/03
1 PPA721-17 Plan of Subdivision 2 PPA721-17 plan for endorsement (Refer Agenda for Attachments) |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Responding to and enhancing our built and natural environment
That Council grants planning permit 721/17 subject to the following conditions: 1) This permit will expire if: a. The plan of subdivision is not completed within 2 years of the date of this permit; or b. The registration of the subdivision is not completed within 5 years of the date of this permit. The responsible authority may extend the time if a request is made in writing before the permit expires, or within six months afterwards. 2) The subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority. 3) Before the plan of subdivision is certified under the Subdivision Act 1988, the owner must enter into an agreement with the responsible authority made pursuant to section 173 of the Planning and Environment Act 1987, and make application to the Registrar of Titles to have the agreement registered on the title to the land under section 181 of the Act which provides that; - Lot 1 will not be further subdivided and the owners will not object to agricultural activities being conducted in the immediate vicinity. - Lot 2 will not be further subdivided The owner must pay the reasonable costs of the preparation, execution and registration of the section 173 agreement. 4) All existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.
Seconded: Cr Ellen White Carried. (R244/17) |
1. Executive Summary
A Planning Permit Application was received by Council on the 19th September 2017 for a two lot subdivision being a small lot dwelling excision in the Farming Zone. The small lot created is larger than the maximum 2 hectares in Council policy for small lot dwelling excisions.
2. Discussion
The application is for the property at 1061 Birchip-Rainbow Road, Reedy Dam (CA 34A Parish of Ballapur). The property is located approximately 21 km west of Birchip. The property is approximately 382 hectares in total with the proposed subdivision being for two lots with the larger lot being 379.3ha in size and the smaller lot is to be 2.54ha. The smaller lot will consist of the existing dwelling, some sheds and native vegetation. The larger lot will continue to be used for dryland farming. The proposal also creates easements for water supply and the powerline.
The land is zoned Farming Zone with no planning overlays applying to the land. The purpose of the Farming Zone is:
• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
• To provide for the use of land for agriculture.
• To encourage the retention of productive agricultural land.
• To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.
• To encourage the retention of employment and population to support rural communities.
• To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.
The proposed subdivision is appropriate to the purpose of the Farming Zone. No land is being removed from agricultural production; the subdivision will not adversely affect the use of land as the subdivision encompasses native vegetation around the dwelling creating a buffer, and encourages the retention of population in rural communities.
The land use patterns of large viable allotments for broad acre cropping will be maintained.
Clause 22.02 – Rural Land and Sustainable Agriculture contains policy on Small Lot Excisions in the Farming Zone.
The lot created is larger than 2 hectares that is Council policy; the lot is 2.54 hectares to include the dwelling, shed and the native vegetation buffer. The dwelling is in a habitable condition. The dwelling does not have the potential to restrict agricultural production on adjacent land. The buffer provides protection for the dwelling from any adverse effects of farming operations.
The dwelling will have its own access point and water supply. All effluent and runoff is contained within the proposed excised lot. Access to the lot containing the dwelling will be unchanged; from the sealed Birchip-Rainbow Road.
No native vegetation is proposed to be removed.
The subdivision will not affect the current use of the land and will not introduce any new uses that will affect the viability of nearby and adjoining agricultural enterprises.
Fire hazard will be unchanged as no new uses are being introduced.
The proposed subdivision will not lead to a concentration of lots altering the use and character of the area.
The amenity of the area will not be affected as no new land uses are being proposed.
No objections were received in regard to the proposed subdivision.
It is recommended that a planning permit be granted for the proposed subdivision subject to the proposed conditions.
3. Financial Implications
There are no known financial implications to Council.
4. Cost Shift Considerations
There are no known cost shift considerations to Council.
5. Community Consultation
Notice of Application was undertaken in accordance with the Planning and Environment Act 1987 by placing a notice in the locally circulating newspaper (Buloke Times) on the 3rd October 2017 and by sending a letter to the adjoining land owner.
No objections were received in regard to the application.
6. Internal Consultation
Internal consultation was undertaken within the planning office.
7. Legislative / Policy Implications
The actions are in accordance with the Planning and Environment Act 1987.
8. Environmental Sustainability
There are no known environmental sustainability considerations.
9. Conflict of Interest Considerations
No officer involved in the preparation of this report has a conflict of interest.
10. Conclusion
It is recommended that a planning permit be issued for the proposed two lot subdivision (rural dwelling excision) subject to conditions.
8.2.8 Draft Domestic Animal Management Plan 2018 - 2021
Author’s Title: Manager of Statutory Services
Department: Planning and Community Support File No: EM/01/01
1 Draft Domestic Animal Management Plan 2018 - 2021 (Refer Agenda for Attachment) |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Build a healthy and active community
That Council endorse the Draft Domestic Animal Management Plan 2018 – 2021 to be made available for public consultation throughout February 2018. Seconded: Cr John Shaw Carried. (R245/17) |
1. Executive Summary
Council is required to have a four year Domestic Animal Management Plan (DAMP) under the Domestic Animal Act 1994. The DAMP guides Council’s activities in the management of cats and dogs. The current DAMP expires in March 2018 and a draft DAMP 2018 - 2021 has been prepared for community consultation.
2. Discussion
The draft DAMP has been prepared with updated data and is now ready for community feedback on the content and priorities set out in the document.
The format and sequence of the DAMP are set by the Department of Economic Development, Jobs, Transport and Resources, specific subject matters are required to be addressed, these include:
- Officer training
- Registration and identification
- Nuisance animals
- Over population and high euthanasia
Key actions contained in the draft DAMP include a focus on animal registration and improved management of stray and feral cats.
3. Financial Implications
There are no financial implications to the preparation of the Draft DAMP as it has been prepared in-house. Some initiatives contained in the final document may require additional funding which will be the subject of a budget submission.
4. Cost Shift Considerations
There are cost shift considerations in relation to the levy applied by the State Government on animal registrations. Council contributes approximately $4,000 per year with no assistance provided for that amount.
5. Community Consultation
There has been no community consultation undertaken thus far on the DAMP. An opportunity for input by the community will be available throughout February 2018.
6. Internal Consultation
Internal consultation has been undertaken with the Planning Department in relation to any domestic animal business permit applications along with a review of domestic animal related complaints received by Council.
7. Legislative / Policy Implications
It is a requirement under the Domestic Animal Act 1994 that Council submit a new DAMP every four years. The deadline for the 2018 - 2021 DAMP is 31 March 2018.
8. Environmental Sustainability
The environmental impacts of feral domestic animals are considered with the DAMP.
9. Conflict of Interest Considerations
No officer involved in the preparation of this report has a conflict of interest.
10. Conclusion
It is recommended that Council endorse the Draft Buloke Domestic Animal Management Plan for community consultation throughout February 2018.
8.2.9 Community Grants and Sponsorship
Author’s Title: Community Development Officer
Department: Planning and Community Support File No: GS/09/42
Nil |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Build a healthy and active community
Cr Pollard declared an indirect Conflict of Interest in Item 8.2.9 on the basis of being a Director of the Rex Theatre, a recipient of a fund allocation.
Cr Stewart declared an indirect Conflict of Interest in Item 8.2.9 on the basis of being a Director of the Rex Theatre, a recipient of a fund allocation.
Crs Pollard and Stewart left the Council Chamber at 8.07pm.
That Council allocates: 1. $500 to the Tchum lake Aquatic Club as a Community Sponsorship; 2. $1,184 to the Donald Memorial Park Committee as a Project Support Grant; 3. $1,000 to the Charlton Lions Club as a Small Equipment Grant; 4. $825 to the Donald Men’s Shed as a Project Support Grant; 5. $5,000 to the Charlton Golf Club for solar instillation from the Sustainability Fund; 6. $4,000 to the Charlton Club for solar installation from the Sustainability Fund; and 7. $10,000
to the Rex Theatre for solar installation from the Sustainability Fund. Seconded: Cr John Shaw Carried. (R246/17) |
1. Executive Summary
The purpose of this report is to recommend that Council approves the allocation of funds
from the Community Grants and Sponsorship Program to the projects listed above.
2. Discussion
The Birchip New Year’s Eve party held on the Tchum Lake foreshore is an important annual event that brings the community together and effectively promotes Tchum Lake and Birchip as tourist destinations.
The Donald Memorial Park committee aim to enhance the already popular rotunda in the park. This facility has been supported over time by the Helen Macpherson Smith Trust and RDV and has contributed to the value of Memorial park as an important community venue and tourist rest stop.
Charlton Lions provide free firewood to older residents in Charlton Project promoted by word of mouth, this grant will allow the purchase of a wood cutter. This is a service to meet identified need. Churches often refer people to Lions. Currently any equipment is borrowed from current members. The machine will not be hired out.
The three Charlton solar projects demonstrate the proactive and positive response to the Sustainability Fund on the part of the Charlton community. Two applicants propose to install 5KW 3 phase systems with Suntellite solar panels 18 x 275 watt. The Rex plans to install 15KW PV with TL 15000 17 KW 3 phase invertor, solar panels, 260w x 60 (15.6 KW). While not currently quantified, applicants note expected reductions in power costs, which will impact favourably on some 7,300 local and regional patrons of these facilities.
Following recent promotion of the fund, other Buloke communities are in discussion with Council officers, however the effort of Charlton organisations in responding with applications to the fund and negotiation with suppliers to ensure responsible use of available funds is notable. The relationship developed with the supplier has also resulted in favourable pricing for private community residents, adding to the impact on fund objectives.
3. Financial Implications
This allocation of $3,509 takes the amount of community grants and sponsorships to $14,304 for the 2017 - 18 budget year. The total budget for this program is $20,000
This allocation of $19,000 takes the amount of Sustainability Fund grants to $34,986 for the 2017 - 18 budget year. The total budget for this program is $50,000.
4. Cost Shift Considerations
Nil
5. Community Consultation
Nil
6. Internal Consultation
Council officers have consulted with the applicants and reviewed all documentation associated with the sponsorship applications
7. Legislative / Policy Implications
The community grants and sponsorship program has been developed in response to the Local Government Investigations and Compliance Inspectorate guidelines
8. Environmental Sustainability
3 projects contribute positively to local environmental sustainability
9. Conflict of Interest Considerations
No officer involved in the preparation of this report had a conflict of interest
10. Conclusion
It is recommended that Council notes and approves the allocation of funds to the applicants
Crs Pollard and Stewart returned to the Council Chamber at 8.10pm.
8.3 Financial Reports
8.3.1 Financial Performance as at 31 October 2017
Author’s Title: Acting Manager Finance
Department: Corporate Services File No: FM/19/03
1 Income Statement October 2017 4 Cash Flow Chart October 2017 5 Capital Work Program October 2017 (Refer Agenda for Attachments) |
Relevance to Council Plan 2017 - 2021
Strategic Objective: Deliver our service in a financially viable way
That Council receives and notes the Financial Performance Report for the month ending 31 October 2017.
Seconded: Cr David Vis Carried. (R247/17) |
1. Executive Summary
The Income Statement provides a summary of the total income and total expenditure relating to the Council’s annual recurrent operations. It also specifically includes capital income but does not include capital works expenditure.
For the first four months of the financial year ending 31 October 2017, the surplus is $11.362M. Total income excluding capital grants is a surplus of $11.159M.
The Balance Sheet effectively shows a summary of the value of Assets (what we own) and our Liabilities (what we owe), both of which balance off against each other to show Equity (our net worth).
At the 31 October 2017, the Balance Sheet shows Council’s bank balance at $15.671M.
The Cash Flow Statement is formatted to compare Council’s 2017/2018 cash flow actual month results with the annual cash flow budget. At 31 October 2017, the Cash Flow Statement shows Council with a bank balance of $15.671M.
The Capital Works Program report reflects $925,000 of capital works has been expended as at the 31 October 2017 (The Current Budget forecast capital works for 17/18 year is $10.8m, this includes $1.5M of works carried over from last financial year).
Flood Restoration Works
The September 2016 flood event has been approved for funding under the Natural Disaster Financial Assistance Program. The current cost estimate for these restoration works is $10.2M which will be fully funded under the assistance program. The cost of these works was not allowed for in the 2017/18 Budget because the scope of the works was unknown at that time. The income and expenditure associated with the flood event will be incorporated into Council’s 2017/18 forecast figures, commencing from the 31 December 2017 Finance Report onwards.
2. Financial Implications
The table below provides an overview of Council’s financial position at 31 October 2017, or the financial year ending on that date.
Description |
YTD Budget October 2017 |
Actuals at 31st October 2017 |
Variance YTD Budget Oct Vs October Actuals |
$'000 |
$'000 |
$'000 |
|
|
|
||
Total income excluding capital grants |
15,452 |
18,785 |
3,333 |
|
|||
|
|
||
Total expenses |
7,784 |
7,626 |
158 |
|
|||
Total capital grants income |
765 |
203 |
(562) |
Total capital expenditure |
1,227 |
925 |
302 |
The October financial summary table above reflects the following –
a. Total income excluding capital government grants
The variance in this area is made up of two components.
i. A negative variance occurs as a result of the part prepayment of Council’s 2017-18 Victorian Grants Commission payment. These funds were received in late June 2017. The YTD budget assumed these funds were all being received during the 2017/18 financial year.
ii. A positive variance of $4.0M as a result of the receipt of flood restoration funds. These fund were not included in the original budget as the quantity of works was unknown at budget time.
b. Total expenses
Positive variance occurs largely as a result of timing delays.
c. Capital Grant Income
The actual result for capital grant income to the end of October is $203,000. The significant variance in this area, (below budget by $562K to the end of September) has been caused by delays in the grant receipts on the Roads to Recovery and the Lake Tyrrell projects. It is often difficult to predict the timing of capital grant receipts when formulating the budget due the uncertainty associated with the timing of grant approvals.
d. Capital Expenditure
Council has expended $925,000 on capital works during the first four months of the financial year.
3. Community Consultation
No consultation with the community was required for the production of this report.
4. Internal Consultation
The reports have been prepared in consultation with the budget managers directly responsible for Council budgets.
5. Legislative / Policy Implications
The report is consistent with the requirements of the Local Government Act 1989.
6. Environmental Sustainability
This report has no direct impact on environmental sustainability.
7. Conflict of Interest Considerations
No officer involved in the preparation of this report had a conflict of interest.
8. Conclusion
With four months of the financial year complete there are two material budget variances, the previously reported timing changes to the receipt of Victorian Grants Commission funds and the fully funded flood restoration works. Neither of these variances will impact Council’s overall financial position. The first is a timing change and the second is expenditure fully funded by a government grant. In summary, after allowing for these two variances the overall forecast operating result position is in line with the original budget.
Council held cash and investment assets at the 31 October 2017 of $15.671M. This continues to reflect Council’s strong cash position.
8.4 Organisational Reports
8.4.1 Acting Chief Executive Officer
Author’s Title: Chief Executive Officer
Department: Office of the CEO File No: PE/21/02
Nil |
Relevance to Council Plan 2015 - 2019
Strategic Objective: Support our councillors, staff, volunteers and the community to make informed and transparent decisions.
That Council appoint the Director Community Development, Jessie Holmes as Acting Chief Executive Officer from 15 January to 2 February 2018 inclusive. Seconded: Cr David Vis Carried. (R248/17) |
1. Executive Summary
The Chief Executive Officer will be on annual leave from 15 January to 2 February 2018. As a matter of organisational process, positions are filled by acting staff when any supervisor or manager is on leave for a week or more.
2. Discussion
The appointment of an Acting Chief Executive Officer ensures the uninterrupted operation of Council during periods of leave by the Chief Executive Officer.
The appointment of acting personnel assists in the development of succession planning and professional development within the organisation.
3. Financial Implications
A minor cost is involved in regard to higher duties payment for the period of three weeks.
4. Cost Shift Considerations
Nil
5. Community Consultation
Nil
6. Internal Consultation
The matter has been discussed with the Director Community Development.
7. Legislative / Policy Implications
The Local Government Act requires Council to appoint a Chief Executive Officer, but does not provide any requirements for appointing an Acting Chief Executive Officer when the Chief Executive Officer is on leave. It is this Council’s practice to appoint an Acting Chief Executive Officer by way of Council resolution.
8. Environmental Sustainability
Nil impact
9. Conflict of Interest Considerations
No officer involved in the preparation of this report has a direct or indirect conflict of interest.
10. Conclusion
Council may appoint an Acting Chief Executive Officer whilst the Chief Executive Officer is on leave.
8.5 Reports from Councillors
Cr Warren
10 November Ministers J Pulford Funding Announcement Donald re: Community Precinct
15 November Council Briefing
17 November Study Tour of Volcanoes in Bali
1 December Evacuated from Bali
5 December Watchem Morning Tea Family Violence
6 December Council Briefing Wycheproof
7 December Rex Theatre meeting
8 December Loddon Mallee WRRG Board Meeting Bendigo
12 December Buloke Shire Audit Committee Meeting Charlton
12 December Birchip Cares Afternoon Tea
13 December Council Meeting Wycheproof
Cr Milne
Nil report.
Cr Vis
8 December Sea Lake Christmas Party
Green Lake Restoration Project Steering Committee
Cr Shaw
Opening of new courts at Wycheproof Tennis Club
RSL Charlton Smoke night
16 November – Central Victorian Greenhouse Alliance AGM and Board Meeting – guest speakers spoke about villages in Europe with population less than 10000 with 100% renewables, and solar savers program.
Cr Stewart
Charlton Park Meeting – discussed Rodeo next August. Great opportunity for local community/business to provide food and market stalls. Good economically for whole of Shire.
Loddon Mallee Community Leadership Graduation – 2 participants graduated from Buloke Shire. Sarah O’Brien of Donald and Matthew Bennett of Charlton. Sarah gave the “Welcome to the Country” which reflected the impact of the indigenous experiences she encountered during her journey through the program in a very moving and well-spoken speech. Matt expressed his appreciation of the Buloke Shire scholarship provided to have the opportunity to do this program.
Cr White
Delegate Meetings:
1. Central Murray Regional Transport Forum
No meeting held this month
2. Buloke and Northern Grampians Landcare Network
No meeting held this month
3. Mallee
Local Transport Forum
a. Flexiride Presentation
i. Flexiride is a demand responsive urban town service for communities in which public transport town bus service is not viable due to low bus patronage numbers. This service is presently available in Yarrawonga and Woodend. The service currently operates in towns with around 7000 population. State government assesses and funds Flexiride. The forum discussed the application of Flexiride in the Mallee and determined that it would be unlikely to work in the Mallee region given smaller population sizes in rural towns and limited demand for an urban bus route in very small towns.
b. Tweaking existing public transport services & changing bus timetables
i. The priority for VLine coaches is timetabling to meet VLine trains going from Melbourne or Adelaide. Therefore there is limited opportunity to change VLine bus timetables without also changing train timetables to State capital cities.
ii. The Baseline Report Issues and opportunities study identified that communities in the Mallee would like changes to PTV timetables to enable transport into nearby towns for day trips, shopping, commuting, health, education and employment. Further work is needed to determine numbers of people, time of day and destinations to see if changes to the PTV network are viable or if some other combination of public and community transport could be developed to improve transport choices for rural communities and smaller patronage numbers.
c. Mallee Local Transport Projects
i. The Forum agreed to pursue a project in the Flexible Local Transport Program before the end of the year, “Promoting public and community transport in Mallee Region”. The project will focus on promoting existing transport services in the Mallee. Transport services will include; public transport, community transport and accessible transport. Buloke has agreed to be the project lead.
d. Rural Access Funding
i. Swan Hill Rural Shire has funding available to improve access for people living with a disability in the Mallee. The baseline report did not map disability adequately. Worthwhile to map this in preparation for the NDIS. The Forum resolved to pursue this project separately from the “Promoting public and community transport” project.
4. Lake Tyrrell Project Control Group
i. The PCG met recently to discuss the proposed infrastructure from the architects. Community consultation took place at the Sea Lake Christmas Party on Friday night. Most people were very pleased with the outcome, with a few suggestions being made.
Cr White cont.
Highlights of the Month
1. Sea Lake Christmas Party on 8th December was well attended, and provided an opportunity for locals to view the plans for the Lake Tyrrell project.
2. Nullawil Progress Meeting discussed the need to have a community meeting regarding the lack of a shop in town. The Netball club has been providing lunches and dinner to the harvest workers and truck drivers to the 2 grain receival agents in town, but this is only a short term response
Mayor Cr Pollard
1 November 2017
· Murray Basin Rail Project and pedestrian crossing update, Wycheproof
· Economic Development Workshop, Donald
· Councillor Briefing, Donald
8 November
· Statutory Meeting, Wycheproof
· Ordinary Meeting of Council, Wycheproof
10 November
· Donald Community Precinct funding announcement
11 November
· Nullawil Historical Society Soldier Memorial Statue unveiling
13 November
· Coonooer Bridge Hall Committee
15 November
· Councillor Briefing, Wycheproof
17 November
· VCPA Annual Conference, Melbourne
27 November
· Oswald Sanderson Funeral, St Arnaud
4 December
· Don McNaughton Funeral, Wycheproof
6 December
· Councillor Briefing, Wycheproof
8 December
· Buloke All Staff Christmas party, Wycheproof
9. OTHER BUSINESS
9.2 Questions from Councillors
Cr White referred to the use of bunker bags being used during harvest, and the matter that they are not reusable. Cr White enquired if there are any plans for disposal of these, to prevent the landfills being filled up, noting the bags are around 75 metres long.
The Director Works and Technical Services (DWTS) advised this matter has come to the attention of Council. DWTS advised he has advice from the Executive Officer of the Loddon Mallee Regional Waste Management Group (LMRWMG) regarding the supplier who is interested in collecting these within the region. DWTS advised that Council could possibly promote this initiative and provide a site for collection. DWTS will further investigate with LMRWMG.
9.2.2 Criteria for Australia Day Awards
Cr Shaw was seeking clarification on the criteria for voting on Australia Day Awards.
The Chief Executive Officer noted that Council can conduct a review of the process for next year’s awards.
9.2.3 Civic Receptions and Events Policy
Cr Warren referred to previously requesting a policy being drafted for conducting Civic Receptions and Events, and was enquiring on how the drafting of this policy was going.
The Director Corporate Services responded that preparing the draft policy has not yet commenced, however will follow the matter up.
Cr Milne requested the photos of current and past Councillors could be better presented in the Council Chambers across the Shire.
The Chief Executive Officer agreed and advised that this would be undertaken.
9.5 Matters Which May Exclude The Public
That Council closes the meeting at 8.47pm to the public pursuant to Section 89(2) of the Local Government Act 1989 to consider the following items, which are confidential for the reasons indicated: |
|
9.5.1 C45 2017/18 Local Roads Rehabilitation Program 2017/18 (Yeungroon Road) |
(d) contractual matters |
|
|
Seconded: Cr Carolyn Stewart Carried. (R249/17) |
That Council reopens the meeting to the public at 8.53pm pursuant to Section 89(2) of the Local Government Act 1989 and brings resolutions from the closed session into open session. Seconded: Cr David Vis Carried. (R251/17) |
resolution from the closed session:
Item 9.5.1 C45 2017/18 Local Roads Rehabilitation Program 2017/18 (Yeungroon Road)
That Council: 1. Award Part A of Contract No. C45 2017/18 Local Roads Rehabilitation Program 2017/18 to Greg’s Digging Pty Ltd for Yeungroon Road Pavement Reconstruction from Ch 3.805km to Ch 5.285km for the tendered lump sum price of $556,918.97 (excluding GST) and affixes the common seal. 2. Delegate Authority to the Chief Executive Officer to approve payments to the Contractor for undertaking the works associated with the Contract. 3. Delegate Authority to the Chief Executive Officer to approve all variations under the Contract. 4. Notes and declares the Confidential Attachment to this report for the Contract No. C45 2017/18 Local Roads Rehabilitation Program 2017/18 of the Local Government Act 1989 on the grounds that it relates to contractual matters as described in s 89(2) of the Local Government Act 1989. 5. Delegate Authority to the Chief Executive Officer to award Part B of Contract No. C45 2017/18 Local Roads Rehabilitation Program 2017/18 to Greg’s Digging Pty Ltd for Yeungroon Road Pavement Reconstruction from Ch 5.285km to Ch 5.974km for the tendered lump sum price of $329,292.82 (excluding GST) should sufficient funding become available. (250/17) |
Meeting closed at 8.53pm.