ORDINARY COUNCIL MEETING - Home Page - Mitchell ... COUNCIL MEETING MINUTES 26 MAY 2014 MITCHELL SHIRE COUNCIL Page i TABLE OF CONTENTS ITEM SUBJECT PAGE NO …

ORDINARY

COUNCIL MEETING

MINUTES

MONDAY 26 MAY 2014

ORDINARY COUNCIL MEETING MINUTES 26 MAY 2014

MITCHELL SHIRE COUNCIL Page i

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 GOVERNANCE DECLARATION ................................................................... 1

2 APOLOGIES AND LEAVE OF ABSENCE .................................................... 1

3 DISCLOSURE OF CONFLICTS OF INTEREST ............................................ 2

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ........................ 2

5 PETITIONS AND JOINT LETTERS ............................................................... 2

6 QUESTION TIME ............................................................................................ 2

7 SUSTAINABLE DEVELOPMENT .................................................................. 3

7.1 Review of State Planning Policy Framework - Submission - Mitchell Shire Council ......................................................................... 3

7.2 Planning Permit Application PLP262/13 For Buildings and works for the purpose of erecting a wall at No. 130-132 High Street, Wallan ..................................................................................... 9

7.3 Revitalising Rural Retail Project ....................................................... 19

7.4 Rural Business Forum ...................................................................... 30

7.5 Victorian Civil & Administrative Tribunal Hearings and Activities Carried Out Under Delegation .......................................................... 33

8 COMMUNITY AND RECREATION .............................................................. 38

8.1 Kindergarten Funding 2015 .............................................................. 38

9 CORPORATE SERVICES ............................................................................ 42

9.1 Rating Authority Valuations .............................................................. 42

9.2 Mitchell Heritage Restoration Fund Pilot Program ........................... 47

10 ENGINEERING AND INFRASTRUCTURE .................................................. 51

10.1 Emergency Management Community Consultation ......................... 51

11 EXECUTIVE SERVICES AND GOVERNANCE ........................................... 56

11.1 Assembly of Councillors ................................................................... 56

11.2 Submission to the Productivity Commission Inquiry into Natural Disaster Funding Arrangements in Australia .................................... 58


MITCHELL SHIRE COUNCIL Page ii

12 NOTICES OF MOTION ................................................................................. 60

Nil Reports .................................................................................................... 60

13 DELEGATES REPORTS .............................................................................. 60

Nil Reports .................................................................................................... 60

14 GENERAL BUSINESS ................................................................................. 60

15 URGENT BUSINESS ................................................................................... 60

16 CONFIDENTIAL BUSINESS ........................................................................ 60

17 DATE OF NEXT MEETING .......................................................................... 60

18 CLOSE OF MEETING .................................................................................. 60


MITCHELL SHIRE COUNCIL Page 1

MINUTES OF THE ORDINARY COUNCIL MEETING OF THE MITCHELL SHIRE COUNCIL HELD AT MITCHELL CIVIC CENTRE, 113 HIGH STREET BROADFORD ON

26 MAY 2014

THE MEETING OPENED: 7.00pm

COUNCILLORS PRESENT

Cr Rodney Parker Central Ward (Chairperson)

Cr Des Callaghan Central Ward

Cr Ross Lee Central Ward

Cr Bill Melbourne North Ward

Cr Rhonda Sanderson North Ward

Cr Bill Chisholm North Ward

Cr Sue Marstaeller South Ward

Cr Kevin Mulroney South Ward

Cr Bob Cornish South Ward

OFFICERS PRESENT

Ms Rebecca McKenzie Chief Executive Officer

Mrs Tammi Rose Director Corporate Services

Mr Julian Edwards Acting Director Sustainable Development

Mr Travis Heeney Director Community and Recreation

Ms Rachel Haynes Acting Manager Strategic Planning and Sustainability

Mrs Juliana Hummerston Executive Assistant to CEO and Mayor

Mr Lee McSweeney Coordinator Governance

1 GOVERNANCE DECLARATION

The declaration was read by Cr S. Marstaeller

2 APOLOGIES AND LEAVE OF ABSENCE

No apologies were received.



3 DISCLOSURE OF CONFLICTS OF INTEREST

In accordance with Section 79 of the Local Government Act 1989.

NIL

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL RESOLUTION

MOVED: CR. S. MARSTAELLER

SECONDED: CR. K. MULRONEY

THAT the Minutes of the Ordinary Council Meeting held 12 May 2014, as circulated, be confirmed.

CARRIED

COUNCIL RESOLUTION



THAT the Minutes of the Special Council Meeting held 19 May 2014, as circulated, be confirmed.

CARRIED

5 PETITIONS AND JOINT LETTERS

In accordance with Clause 66 of Local Law No. 4 – Meeting Procedures.

NIL

6 QUESTION TIME

In accordance with Clause 65 of Local Law No. 4 – Meeting Procedures.

NIL



7 SUSTAINABLE DEVELOPMENT

7.1 REVIEW OF STATE PLANNING POLICY FRAMEWORK - SUBMISSION - MITCHELL SHIRE COUNCIL

Author: Amy Reynolds - Senior Strategic Planner

File No: PL/08/003-01

Attachments: 1. Draft MAV Submission, Integrated Planning Policy Framework, Municipal Association of Victoria, April 2014

2. Draft MSC Submission - May 2014, Review of State Planning Policy Framework

SUMMARY

In July 2013 the Minister for Planning appointed a Ministerial Advisory Committee to consider a Review of the State Planning Policy Framework. The State Planning Policy Framework forms the front end of all planning schemes and provides important input into planning decisions, particularly planning scheme amendments.

Although the Review is referred to as being ‘policy neutral’, it will advise the Minister for Planning on a revised Policy Framework that implements several policy changes, including Plan Melbourne, all eight Regional Growth Plans, reformed zones and Development Contribution System. The Advisory Committee has now released a draft Planning Policy Framework, Integration Version, March 2014 (draft Framework) for comment. The draft Framework integrates Local, Regional and State Planning Policies into a single document. This should be generally commended and will provide greater clarity to the community, planning permit applicants and planning professionals. However, a number of matters need to be resolved including legislative constraints, the loss of the ability to communicate a cohesive local vision and the potential disaggregation of geographic/precinct based policies. The Municipal Association of Victoria (MAV) made a submission to the Review that gives a detailed analysis of these aspects of the draft Framework (Attachment 1), and can be reiterated by Council in its own submission. A number of detailed matters that specifically affect the Mitchell Planning Scheme are also in need of resolution. These are set out in Attachment 2 to this report and should be considered with those put forward by the MAV.

The draft Framework is out for consultation for a period of 10 weeks. Submissions are due by close of business on Friday 23 May 2014. This report recommends that Mitchell Shire Council make a submission on the draft Planning Policy Framework that:


REVIEW OF STATE PLANNING POLICY FRAMEWORK - SUBMISSION - MITCHELL SHIRE COUNCIL (CONT.)


reiterates the submission made by the MAV in Attachment 1 to this Report; and

provides detailed comments generally in the form of Attachment 2 to this Report.

COUNCIL RESOLUTION

MOVED: CR. D. CALLAGHAN

SECONDED: CR. R. SANDERSON

THAT Council lodge a submission to the consultation draft Planning Policy Framework, Integration Version March 2014 that:

A) Reiterates the submission made the Municipal Association of Victoria; and B) Provides detailed comment generally in the form of Attachment 2 to this

report.

CARRIED

BACKGROUND

In July 2013 the Minister for Planning appointed a Ministerial Advisory Committee to review the State Planning Policy Framework.

The State Planning Policy Framework forms the front end of all planning schemes and provides important input into planning decisions, particularly planning scheme amendments.

This Review will advise the Minister for Planning on a revised Policy Framework. Although the Review is referred to as ‘policy neutral’, it implements recent State policy initiatives and planning system reforms, including:

Preparation of a Vision for Victoria

Metropolitan Planning Strategy- Plan Melbourne

Eight Regional Growth Plans

Reformed commercial, industrial, residential and rural zones

Review of the Development Contribution System

Between July 2013 and December 2013 the Advisory Committee prepared a preliminary translation of the existing State Planning Policy Framework. This was then the subject of targeted consultation with Local Government planners, State Government departments, statutory authorities and some industry stakeholders.

The Advisory Committee has now released a draft Planning Policy Framework, Integration Version, March 2014 (draft Framework) for comment. The draft Framework integrates Local, Regional and State Planning Policies into a single document.




It also integrates Plan Melbourne and the eight Regional Growth Plans. In doing so it reshapes the content of State policies and develops some back of house protocols such as ‘rules of entry’ for policy and a language consistency matrix.

The Committee is seeking comment on its draft Framework before it provides its final advice to the Minister for Planning.

The draft Framework will vary in content between municipalities and includes the following policy sections (municipality dependent):

Whole of Victoria Applies to all planning schemes Regional Victoria Applies to all planning schemes with land outside

Melbourne’s metropolitan boundary

Thematic Areas Applies to planning schemes with particular type of land (e.g. coastal, growth area)

Regions Applies the relevant regional policy that applies to each planning scheme (e.g. Hume Regional Growth Plan, Plan Melbourne)

Municipalities Applies local policy tailored to each municipality and nested under a relevant Regional and or State Planning Policy. This will initially consist of the translation and reformatting of existing Local Planning Policy Framework

The draft Framework is out for consultation for a period of 10 weeks. Submissions are due by close of business on Friday 23 May 2014.

As the peak body for Victorian Local Government, the MAV has made a submission to the Committee about the draft Framework. The MAV states that the draft Framework should be generally commended, however a number of matters need to be resolved including legislative constraints, the loss of the ability to communicate a cohesive local vision and the potential disaggregation of geographic/precinct based policies.

ISSUES AND DISCUSSION

General Issues

The MAV submission provides a sound general analysis and overview of the draft Framework and its implications. While the MAV acknowledges the logical and useful integration of the regional plans and suggested backend improvements, it raises concerns about:

legislative constraints

the loss of the ability to communicate a cohesive local vision, and

the potential disaggregation of geographic/precinct based policies that resolve a number of competing policy objectives




Because policy integration has been done in a vertical way (i.e. from local to State and back again) it has resulted in the disaggregation of policy, and there is a pronounced loss of cohesion at the local level. This can lead to policy blind-spots in decision making.

These matters are of equal relevance to all Planning Schemes and Municipalities across the State.

The MAV submission on the draft Framework forms Attachment 1 to this report.

Mitchell Planning Scheme and the Planning Policy Framework

The draft Framework would be implemented into the Mitchell Planning Scheme with the following policy areas:

Whole of Victoria

Regional Policy

Bushfire Areas

Melbourne’s Peri-Urban Area

Growth Areas

Metropolitan Melbourne

Hume Region

The draft revised Planning Policy Framework provides for holistic planning and integrated decision making. The inclusion of the Regional Growth Plans, Plan Melbourne and thematic areas tailors policy relevant to each municipality. This results in the removal of State policy from the Mitchell Planning Scheme that is not relevant, for example coastal and Alpine policies.

The geographic placement of Mitchell Shire, combined with its Metropolitan Growth Area status, results in land falling within both Melbourne’s Metropolitan area and Hume Region. The draft Framework reflects this by including all policy areas relevant to Mitchell Shire.

This also means that the draft Framework is quite long and at times repetitive.

The draft Framework is considered to be a significant improvement to Victoria’s planning system. The draft Framework will encourage holistic planning, and decision making which considers regional and State matters, beyond municipal boundaries.

For each planning policy, the draft Framework references other relevant provisions and includes guidelines for decision makers. The current State Planning Policy Framework does not do this. The inclusion of this additional material within the Planning Policy Framework improves clarity.

Implementation into the Mitchell Planning Scheme

No detail has been provided by the Department of Transport Planning and Local Infrastructure (DTPLI) regarding how and when a new policy framework would be implemented into municipal planning schemes.




The MAV has raised concerns about the ability to implement Regional Policy where there is no regional body to auspice it.

The draft Framework seeks to translate and consolidate the existing Local Planning Policy Framework. It is anticipated that local councils will be further consulted on how this translation will occur. The specific expectations of this translation and work load implications for Local Government has not been advised by the DTPLI.

CONSULTATION

The draft document Planning Policy Framework Integration Version, March 2014 was released for public consultation in March 2014. The following consultation methods have been implemented by the DTPLI:

Comprehensive information provided online at www.dtpli.vic.gov.au.

Briefing sessions held in Metropolitan Melbourne and Regional Victoria for Local Government officers.

While no targeted community consultation is being undertaken by the Ministerial Advisory Committee or the DTPLI, the draft Planning Policy Framework is described as ‘policy neutral’. Community and stakeholder consultation occurred as part of recent policy preparation, including Plan Melbourne, Hume Regional Growth Plan and reformed zones.

FINANCIAL, RESOURCE AND ASSET MANAGEMENT IMPLICATIONS

There are no financial resource or asset management implications as a result of this draft submission.

POLICY AND LEGISLATIVE IMPLICATIONS

The draft Planning Policy Framework is described as a policy neutral translation of the existing State Planning Policy Framework and recent planning policies.

The Local Planning Policy Framework as currently contained within the Mitchell Planning Scheme, would require disaggregation in order to be integrated into this new framework.

To date, no detail has been made available from the DTPLI regarding the process for adapting Local Planning Policy Framework for inclusion within the revised draft Planning Policy Framework.

SUSTAINABILITY IMPLICATIONS (SOCIAL AND ENVIRONMENTAL)

The existing Planning Polices relating to sustainability have been translated into the draft Planning Policy Framework. No additional sustainability implications will occur as a result or the introduction of the draft Planning Policy Framework.

OFFICER DECLARATION OF CONFLICT OF INTEREST

No officers involved in the preparation of this report have any direct or indirect interest in this matter.

http://www.dtpli.vic.gov.au/




CONCLUSION

A Ministerial Advisory Committee has been established to consider and advise the Minister for Planning on a revised Planning Policy Framework. The Framework is to provide for holistic decision making and the implementation of recent State policy initiatives (i.e. Plan Melbourne, Regional Growth Plans), while being tailored to include policy of relevance to each municipality.

The Advisory Committee has now released a draft Planning Policy Framework, Integration Version, March 2014 (draft Framework) for comment. The draft Framework integrates Local, Regional and State Planning Policies into a single document. This should be generally commended and will provide for greater clarity to the community, planning permit applicants and planning professionals. However a number of matters need to be resolved including legislative constraints, the loss of the ability to communicate a cohesive local vision and the potential disaggregation of geographic/precinct based policies. The Municipal Association of Victoria (MAV) made a submission to the Review that gives a detailed analysis of these aspects of the draft Framework (Attachment 1). A number of detailed matters that specifically affect the Mitchell Planning Scheme are also in need of resolution. These are set out in Attachment 2 to this report.

The draft Framework is out for consultation for a period of 10 weeks. Submissions are due by close of business on Friday 23 May 2014. It is recommended that Mitchell Shire Council makes a submission on the draft Planning Policy Framework that:

reiterates the submission made by the MAV in Attachment 1 to this Report; and

provides detailed comments generally in the form of Attachment 2 to this Report.



7.2 PLANNING PERMIT APPLICATION PLP262/13 FOR BUILDINGS AND WORKS FOR THE PURPOSE OF ERECTING A WALL AT NO. 130-132 HIGH STREET, WALLAN

Author: Bachir Tanios - Statutory Planner

File No: PLP262/13

Attachments: 1. Proposed Plans

Property No.: 112132

Title Details: Land in Plan of Consolidation 173781C

Applicant: Jack Jacovou

Zoning: Commercial 2 Zone (Business 4 Zone)

Overlays: None

Objections Received: No

Cultural Heritage Management Plan Required:

No

Officer Declaration of Conflict of Interest:

No officers involved in the preparation of this report have any direct or indirect interest in this matter

SITE MAP


PLANNING PERMIT APPLICATION PLP262/13 FOR BUILDINGS AND WORKS FOR THE PURPOSE OF ERECTING A WALL AT NO. 130-132 HIGH STREET, WALLAN (CONT.)


SUMMARY

This report recommends that Council resolve to issue a Notice of Refusal to Grant a Planning Permit for Planning Application PLP262/13, which seeks buildings and works for the purpose of erecting a wall at No. 130-132 High Street, Wallan. The application was advertised and no objections were received. Refusal is recommended as it is considered that the proposed buildings and works are not consistent with the State and Local Planning Policy Frameworks outlined within the Mitchell Planning Scheme as well as the relevant provisions of the Commercial 2 Zone (Business 4 Zone).

SITE AND SURROUNDS

Subject Site Description

The subject site is located on the eastern side of High Street just north of King Street at the northern end of the Wallan commercial activity centre. The site is rectangular in shape with a frontage of approximately 41m to High Street, a depth of approximately 100m and access to the rear from Bentinck Street. The site falls from the west (rear) to the east (front), with a cross fall from the north to the south, at the steepest section being approximately 1 in 10. The site is currently occupied by a Shell Service Station within the front portion of the site to High Street and a car/wrecking yard to the rear, which appears to extend into the adjacent property at No. 129-131 Bentinck Street. Primary access to the site is via a service lane from High Street to the service station and access to the rear portion of the site is via either the southern side of the service station or from Bentinck Street.

Planning Background

A search of Council’s electronic record system shows that the following applications and outcomes have been made for the subject site (all of which have been acted upon):

Planning Permit 4556 was issued on 13 October 1988 for an extension to the existing garage;

Planning Permit 5421 was issued on 2 September 1993 for the construction of one (1) storage shed.

Planning Permit PLP263/13 was issued on 24 January 2014 for the display of a business identification electronic panel sign.

Title/Restrictions/Agreements

The certificate of title submitted with the application indicates that there are no covenants, agreements or easements affecting the subject land.




Surrounding Area

The subject site is located within a 700m stretch of land zoned Commercial 2 (Business 4), located along the eastern side of High Street between Queen Street and William Street. Properties are developed with typically older buildings and varying uses including a car wash, nursery, service station, mechanics, hotel, a hardware store, and a mixture of some smaller residential and retail type uses. The Northern Highway (High Street) is approximately setback 20m to the west of the site and the High Street service road provides access to the subject site and adjoining properties which front onto High Street. The subject site also shares a frontage which provides for a second access point to the site to Bentinck Street. The 350m section of Bentinck Street to the east of the site between William Street and King Street is typically characterised as the rear of properties fronting either High Street or Windham Street. The eastern side comprises residential properties, some of which have been developed for multiple dwellings, however primary access is maintained for a majority of those properties to Windham Street.

PROPOSAL

It is proposed to build a solid concrete wall along part of the northern and eastern property boundary on the site at No. 130-132 High Street, Wallan. Details are as follows:

The wall will have a length of 90m along the northern boundary and 20.5m along the eastern boundary with a wall width of 0.45m

The wall will be setback 10m from the front western boundary and will be located on the rear eastern boundary for approximately half of the rear boundary

The total height of the wall varies between 4.2m above ground level (5.3m when including the height within the cut) and 7.5m (which is at the highest point along the rear eastern property boundary)

A retaining wall component is proposed along the eastern boundary and eastern end of the northern boundary within the property where the cut is proposed

The wall will be constructed of pre-cast concrete walls

PLANNING SCHEME PROVISIONS

Zoning

Clause 34.02 – Commercial 2 Zone (Business 4 Zone) The subject site is located within the Commercial 2 Zone of the Mitchell Planning Scheme. Clause 34.02 of the Scheme sets out the purpose of this zone as:

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




To encourage commercial areas for offices, appropriate manufacturing and industries, bulky goods retailing, other retail uses, and associated business and commercial services

To ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses

Pursuant to Clause 34.02-4 of the Scheme, the buildings and works proposed trigger a requirement for planning permit.

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate, the decision guidelines found at Clause 34.02-7 of the Scheme, which are as follows:

General

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

The interface with adjoining zones, especially the relationship with residential areas.

Building and works

The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.

The provision of car parking.

The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and landscaping of land adjoining a road.

Defining the responsibility for the maintenance of buildings, landscaping and paved areas.

The availability of and connection to services.

Any natural or cultural values on or nearby the land.

Outdoor storage, lighting, and storm water discharge.

The design of buildings to provide for solar access.

Overlays

The subject land is not affected by any overlays.

State Planning Policy Framework (SPPF)

The objectives of a number of policies within the State Planning Policy Framework are of relevance to the current application, and are listed below: Clause 15.01-1 ‘Urban design’ - The objective of the above policy is as follows:




To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. The above policy also contains (amongst others) the following strategies to achieve the policy objective stated above:

Promote good urban design to make the environment more liveable and attractive.

Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context.

Clause 15.01-2 ‘Urban design principles’ - The objective of the policy is as follows: 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. The above policy also contains (amongst others) the following strategies to achieve the policy objective stated above:

Landmarks, views and vistas

Landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment.

Architectural quality

New development should achieve high standards in architecture and urban design.

Clause 15.01-5 ‘Cultural identity and neighbourhood character’ - The objective of the policy is as follows: To recognise and protect cultural identity, neighbourhood character and sense of place. The above policy also contains (amongst others) the following strategies to achieve the policy objective stated above:

Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation.




Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising:

o The underlying natural landscape character.

o The heritage values and built form that reflect community identity.

Local Planning Policy Framework (LPPF) The objectives and strategies of a number of policies within the Local Planning Policy Framework and Municipal Strategic Statement (MSS) for the Shire are of relevance to the current application, and are listed below: Clause 21.08-1 ‘Economic Growth’ - The objective of the policy is as follows: To facilitate new development and employment opportunities in business, industry and tourism. The above policy also contains (amongst others) the following strategies to achieve the policy objective stated above:

Encourage high quality residential and commercial development. Clause 21.08-2 ‘Industry’ - The objective of the policy is as follows: To encourage well planned and located industrial development. The above policy also contains (amongst others) the following performance measures to achieve the policy objective stated above:

Buildings

Buildings should be constructed in materials that are visually attractive such as brick, masonry or colorbond metal.

Setbacks

Buildings should have a front setback of a minimum of 10 metres from any existing or proposed road alignment. This area may be used for car parking in conjunction with landscaping.

Buildings in new areas should be setback a minimum of 5 metres from at least one side boundary and a minimum of 5 metres from a rear boundary.

Clause 21.11-9 ‘Wallan’ - The MSS states the following for the township of Wallan:

Wallan has an estimated population of about 7900 persons and is located at the south of the Shire as a gateway to the Mitchell Shire on the Northern Highway. It is a potential gateway to the region encapsulated by the new Goulburn River Valley Tourism (Shepparton, Strathbogie, Murrindindi and Mitchell) initiative. Wallan has developed into a fully serviced activity centre. Greatly inspired by its rural hinterland and heritage, Wallan is a prosperous community,




recreation, business and economic centre. Wallan is a well-connected place where commuter services and integrated “rural-meets-city” landscaping styles connect Wallan, equally to the CBD and Mitchell’s rural settlements. Despite its proximity to Melbourne its identity as a country town is protected for the long term by a green belt.

PUBLIC NOTIFICATION (ADVERTISING)

Formal notification of the application was given to adjoining and nearby property owners and occupiers by mail. No objections to the application have been received to date.

HEARINGS COMMITTEE The applicant to this planning permit application was invited to the Hearings Committee on Monday 19 May 2014 to provide a short verbal presentation in support of their application. The permit applicant elected to make a presentation to the Committee as part of the decision making process.

REFERRALS

External

No referrals are triggered under Section 55 of the Planning and Environment Act 1987 or Clause 66 of the Mitchell Planning Scheme.

Internal

The application was not referred internally to any Council departments.

DISCUSSION

Response to Policy Framework

The relevant policies of the State and Local Planning Policy Framework highlighted above establish the importance of good urban design and the need to promote urban design principles within Industrial and commercial developments. The policies require that development of commercial buildings respond to its context in terms of urban character, respect of the site layout and existing building form of the neighbourhood, as well as to minimise the detrimental impact on neighbouring properties. The area surrounding the subject site consists of a stretch of land zoned Commercial 2 Zone wedged between High Street (to the west) and Bentinck Street (to the east), Wallan. Whilst some small lots do contain larger buildings and associated outbuildings and additions, there is no example of a large buildings, walls or fencing built to boundaries in excess of 5m in height. Larger buildings are typically setback from boundaries. The surrounding land, in particular the land zoned Commercial 2 contains existing fences along title boundaries constructed of post-wire and timber, timber paling, timber slate, corrugated iron or chain wire fencing. The height of fencing within the area, in particular fencing on adjoining properties does not typically exceed the height




of 2m. If therefore viewed as a fence in appearance, 4.2m-7.5m in height is excessive and uncharacteristic for the area. The proposal is considered to be inappropriately designed and appears bulky in nature. The wall will be unpainted pre-cast concrete tilt slab with no proposal to soften the bulky appearance. Further, the wall does not follow the topography of the ground at the rear, exacerbating the height and pronouncement to Bentinck Street. The applicant has advised that the purpose of the large heights proposed is that they will ultimately be roofed and will incorporate the existing tenants on site to avoid minimal disruption. The proposed wall is to form part of future additions to the existing structures and large shed located at the rear of the service station which would include a new hoist infrastructure (to allow for the ongoing servicing of all types of vehicles) and roofing. The applicant has advised that the current service centre and service petrol station was built in 1954. Although the applicant may have good intentions, it does not allow proper consideration of the proposal in its entirety, rather a piecemeal approach of a large solid plain concrete wall. In terms of meeting certain performance measures when developing commercial/Industrial sites within the Mitchell Shire Council, the proposal fails to setback the wall from the property boundary and the wall itself if not constructed in materials that are visually attractive such as brick, masonry or colorbond metal as outlined within Clause 21.08-2. As stated within the MSS, Wallan serves as a gateway to the Mitchell Shire on the Northern Highway and has the ability to serve as a gateway to the region. The erection of a large plain concrete wall setback 10m from the High Street Service Road has the ability to create amenity impacts on the surrounding properties and streetscape. The wall will project up beyond and in some cases forward of existing buildings in this section of High Street and through a lack of design and treatment, will not enhance or improve the streetscape, but rather detract from it. In consideration of the above, the current proposal is not consistent with the objectives of the State and Local Planning Policy Framework and is deemed to be at odds with a number of relevant policies of this Framework, in particular Clauses 15.01-1, 15.01-2, 15.01-5, 21.08-1, 21.08-2 and 21.11-9 of the Scheme.

Zoning Implications

The purpose of the Commercial 2 Zone emphasises the importance of encouraging commercial areas for offices, associated businesses and commercial services, as well as the importance that uses do not affect the amenity of adjacent, more sensitive uses. The use of the site will continue unaffected whether the wall is there or not as it will simply provide a higher barrier along the northern and part of the eastern boundary. The proposal is deemed to be at odds with the purpose of the zone which relates to




providing uses that do not affect the amenity of adjacent, more sensitive uses and with the ‘General’ and ‘building and works’ statements required to be considered by the decision guidelines. The proposal is in close proximity to land that is residentially zoned, which is of a more sensitive use. The proposal seeks the construction of a wall of a height up to 7.5m to areas that interface with land used for Residential purposes as well as near the northern gateway to the township of Wallan. As outlined above, the proposed buildings and works for the purpose of erecting a wall is not considered to have appropriate regard to the purpose or decision guidelines of the Commercial 2 Zone at Clause 34.02 of the Scheme.

CONCLUSION

It is considered that the proposed buildings and works for the purpose of erecting a wall is not consistent with the State and Local Planning Policy Framework of the Mitchell Planning Scheme, in particular Clauses 15.01-1, 15.01-2, 15.01-5, 21.08-1, 21.08-2 and 21.11-9. In addition, the proposal is not consistent with the purpose or decisions guidelines of the Commercial 2 Zone. The proposal does not contribute to good urban and architectural design and instead proposes the construction of a large concrete wall (containing no wall treatments along the northern portion of the wall) that shares an interface with the main highway passing through the Wallan Township and with residential properties along Bentinck Road. An application for the construction of the wall to allow for the potential future development of the site (by including a roofing component to the current Service Station and Petrol Station) is considered premature in nature and it would be recommended that the applicant apply for the development of the land consisting of the wall and roofing component in one application. As such, support for the proposal cannot be recommended.

COUNCIL RESOLUTION

MOVED: CR. W. MELBOURNE

SECONDED: CR. D. CALLAGHAN

THAT Council having complied with the relevant Sections of the Planning and Environment Act 1987, resolve to issue a Notice of Refusal to Grant a Planning Permit in respect of Application No. PLP262/13 for buildings and works for the purpose of erecting a wall on Land in Plan of Consolidation 173781C , known as No. 130-132 High Street, Wallan , subject to the following conditions:

1. The proposal is inconsistent with Clause 15.01-1, 15.01-2 & 15.01-5 of the Mitchell Planning Scheme as the proposal will not: - create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity;




- promote good urban design; - respond to its context in terms of urban character; - 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; - protect vistas along High Street (The Northern Highway); - recognise and protect neighbourhood character when relating to neighbouring walls and fencing.

2. The proposal is inconsistent with Clause 21.08-1 & 2 of the Mitchell Planning Scheme as the proposal does not result in high quality or well-planned commercial and industrial development.

3. The proposal is inconsistent with Clause 21.11-9 of the Mitchell Planning

Scheme as the proposal is not in accordance with the MSS regarding the Wallan township and the protection of High Street (The Northern Highway) as a potential gateway to the region.

4. The proposal is inconsistent with the purpose and decision guidelines of the

Commercial 2 Zone due to the piecemeal nature of the application and the poor design and interface with both the residential area and neighbouring properties including High Street.

CARRIED



7.3 REVITALISING RURAL RETAIL PROJECT

Author: Joseph Tabacco - Economic Development, Marketing and Communications Manager

File No: EC/01/001

Attachments: 1. Retailing in Rural Municipalities of Victoria - Under Separate Cover

2. Revitalising Rural Retail - Local Analysis - Under Separate Cover

3. Rural Retail Handbook - Under Separate Cover

SUMMARY

This report discusses the Revitalising Rural Retail Program which has been delivered in Kilmore under the Victorian Government’s StreetLife Program. The report seeks Council’s endorsement of a retail sector driven project to progress renewed commercial focus and retail trader energy within the town centre.

COUNCIL RESOLUTION

MOVED: CR. R. LEE

SECONDED: CR. B. CHISHOLM

THAT Council endorse the Kilmore ‘Town Team’ project for delivery through the established project working group.

UNANIMOUSLY CARRIED

BACKGROUND

After securing funding from the Victorian Government’s Streetlife Program, in late 2013 Mitchell Shire Council called on Kilmore residents and retailers to take part in an online survey discussing their local retail experience

The funding was received through a coordinated application process with other shires belonging to Rural Council’s Victoria (RCV) Revitalising Rural Retail Project (RRR).

Acknowledging that successful retailers are vital to the fabric of a healthy local community which supports sustainable economic growth, the Project offered a unique opportunity to gather empirical evidence, community sentiment and general feedback from locals with regard to perceived issues in the Kilmore Township.

The Project also explored current retail sector challenges, and the experiences and drivers of local consumer behavior. Project deliverables included a high level economic analysis of retailing in rural municipalities across Victoria, a localised survey based study and the preparation of a rural retail handbook.


REVITALISING RURAL RETAIL PROJECT (CONT.)


The localised study focused on Kilmore specifically, seeking to identify how local retailers and business groups could work in partnership to find effective ways to develop sustainable outcomes and get people supporting and enjoying local retail businesses.

Key research findings:

Kilmore has a sizable catchment population of 24,750, and has an unusual regional profile in that it is strong in 0-19 and 35-44 year olds, but is under-represented in people aged over 55. It is also under-represented in lower income households (under $51,000/year) and over-represented for households with incomes over $52,000/year. Kilmore also has a distinct industry profile with over-representation in manufacturing, construction, wholesale, transport, financial services, rental hiring, real estate and other services

The average household in the catchment area up to 20km around Kilmore spends $2,073/month on retail items and services, an average of 55% of which is spent in the town

Local businesses generally believe that their ‘competitive advantages’ that are encouraging locals to shop locally are mostly related to customer service, product range and parking

However, 40% of residents do not find these factors sufficiently compelling as their local retail spend has declined over the last three years

Residents of Kilmore rated the following reasons as most important in their decision to purchase items or services out of Kilmore or online:

a. Bigger range (8.4 out of 10) b. Convenience (7.7 out of 10) c. Availability of parking (7.5 out of 10) d. Unique products and services (7.5 out of 10) e. Good customer service (7.4 out of 10) f. Convenience of shopping centres with everything under one roof (7.3 out

of 10) g. Cheap prices (7.3 out of 10)

Local businesses seemed well in tune with their residents’ needs as they listed similar reasons why locals who shop out of town or online:

a. Already travelling out of town for other reasons (7.7 out of 10) b. Cheap prices (7.6 out of 10) c. Bigger range (7.4 out of 10)




d. Availability of parking (7.3 out of 10) e. Unique products and services (7.3 out of 10) f. Convenience of shopping centres with everything under one roof (7.2 out

of 10)

In summary, residents shop locally for service and convenience, but go out of town or online for larger ranges/unique products, cheaper prices, or when out of town anyway.

Strategic recommendations

The appointed consultant’s research findings have informed a series of recommendations that present opportunities to Council, retailers and the community with regard to strengthening the township centre’s role moving forward.

The strategies rated most highly by retailers to improve local retail function focused on:

1. Improving the convenience/appeal of the local shopping area; and 2. Increasing the number of potential shoppers (both tourists and new local

residents).

Retailer supported strategies generally align with the residents’ views except that their views differed around broader product and service ranges coupled with cheaper prices.

This is further reinforced by the views among local residents whose most favoured strategies to increase their own spending in the town were to:

1. Improve the overall retail and public areas within the town, including more seating and making the areas more appealing.

2. Attract a broader range of retailers and businesses to the town. 3. Encourage local retailers and businesses to offer a wider range of

products and services.

4. Improve public facilities, areas and amenities in the town.


Facilitated by the appointed consultant, a retailers’ workshop was held on Tuesday 25 March 2014. The workshop sought to provide an overview of the survey and




research results and jointly develop recommendations to progress the initiative beyond the formalised aspects of the funded Project. The outcomes of the workshop resulted in a series of topics and ideas being generated and discussed by those attending. The discussion included an analysis of existing activities from which retail traders could partner and leverage opportunities. This analysis included:

Working with the Kilmore Celtic Festival event organisers

Supporting the Antiques and Collectables Fair

Working with the Scout Market

Establishing rapport with Kilmore Racecourse

Working with the Kilmore Show event organisers

Leveraging opportunities with the Pacing Cup

Developing a new retail traders group to build momentum

Cooperating with the Country Music Festival event organisers

Leveraging from visitors to the Miniature Railway

Supporting the Mill Street focal space redevelopment

Supporting the Kilmore Creek Art Trail project

Working toward supporting a Kilmore Place Making Project

Working in partnership with Council with regard to the commercial re-activation

of the Town Hall

Leveraging opportunities through Council’s Arts Culture and Events Strategy

The group also discussed the key attributes of Kilmore’s identity and personality. The

following points were considered important and areas for further work:

Heritage/Historical buildings should be reinforced and celebrated

Equine/racing culture

Winter romance (Cooler climate)

Bluestones

Oldest inland town – significant historical draw card




Landscape values and views

The following opportunities and issues were also identified by retailers and Mitchell Shire Council representatives during the workshop:

Proximity to Melbourne and other towns (both an issue and an opportunity)

Working with landlords to encourage the renovation of old buildings

International School provides significant opportunities to engage with students

and youth

The current show at Trackside could be moved to Main Street, bringing activity

back to the heart of town

Developing a winter themed event

- Offer ‘Winter Woolies’ – knee rugs and mittens

- Heaters for footpath seating and dining

- Food related focus i.e. soups, curries etc.

Strengthening the Kilmore township brand

- Utilising the logo

- Working with colours to tie initiatives together

- Unpacking and analyzing the theme/strengths of the town

- Developing online materials

- In store materials / point of sale displays

- Reviewing signage

Supporting “Fresh Eyes for Kilmore”

- Retailers sharing ideas in a productive environment

- Sharing suggestions with other businesses and strengthening ties

- Conduct visits/tours to other towns for retail ideas

Events to activate the night economy

- Supporting the idea for an outdoor cinema in the new Mill Street focal

space, or another central public space in the main street




- Trial and review late night trade, to capture some of the ‘escape spend’

Ned Kelly weekend

- Work with historical society and Old Gaol

- Outdoor cinema

- Irish food themed event

Opportunity for retailers to embrace online

- Provide and package communication and public relations training and

support

- Develop joint and complementary marketing plans

- Develop sales strategies

- Deliver training and workshops on various topics

Acknowledge that empty shops impact on people’s perception of the township

– work with vacant building owners to look at options

Understand that the proposed bypass will present opportunities for outdoor

trading and alfresco dining

Review provision of public seating on street

Develop a treasure hunt campaign with local radio support, online/in store

promotions

Work toward refreshing shop fronts with displays, pot plants, flowers and

lights.

Retail flower competition/s – whose bulb burst first?

Establish a Kilmore traders association ‘Town Team’

- Facebook pages setup to easily enable traders and locals to engage online

- Set up an E-group

- Conduct face-to-face meetings to support online activity

Support a buy local campaign – build on shire-wide strategy

Develop a local shop listing/offering – shopping list template

Explore a coordinated community fundraiser with local kindergartens




Undertake more research with regard to ‘Pop-Up’ stores leading to:

- Short term, low cost licences for local business intenders

- Activate empty spaces

- Potential Council support

Kilmore business Facebook page

Consider in-store retail information

- List of other retailers

- Maps

- Use technology (app/website)

- Mix of hard copy/online

Develop an online blog

- Promote through social media and traditional media (newspapers/radio)

- Retailer driven

- Incorporate Kilmore brand

- Create fictional character/personality for the author of the blog

Explore customer service training and getting more young people working in

the town

Develop a Kilmore Online portal

- Allow for feedback loops

- Good news stories about retailers and residents

- Told through media channels – newspaper, radio

Deliver social media training workshops - traders need guidance to get this up

and running

Consistent with the project objectives, participants were then asked to establish their top three preferred projects to explore in greater detail. This resulted in the following projects being shortlisted:




1) Events to activate night trade – could include outdoor cinema, trial late night

trade, Ned Kelly weekend (Gaol, Ned Kelly movies, Irish food, winter weekend

in Kilmore etc.

2) Kilmore Traders Association ‘Town Team’ E-group and face-to-face. Plus

closed Facebook page for traders only.

3) Blog + Kilmore online – create fictional character/personality to author the

blog that promotes Kilmore retail and business. Promote through social media

and traditional media (newspaper /radio)

Project Description Benefits Barriers Actions

Project one: Kilmore Blog/Social Media

- Information about

town/retail offering - Targeted at visitors and

residents

- List and promote

upcoming events - Business listing and

links to their Facebook pages / websites etc.

- Incorporate brand of

connecting with country and the oldest inland town (use gateway signs as style guide)

- The fictional character

could be a horse personality/name

- Kilmore mystery shopper

to include information on the blog

- Feedback comment

section LIKELY PROJECT COST:

- Council officer time.

Complementary to established Council facilitated business development program.

Capture enthusiasm

More communication

Human interest

Efficient, low cost

Builds community pride

Flexible and encourages collaboration

Time for selected few individuals

Risk that organisers leave town (how is the skill set captured?)

Negative comments will need to be managed

Engage with community groups for content

Involve youth for design and set up (schools)

Division of responsibility and authorship

Get local radio station and media involved




Project two: Town team

- E-group (Facebook or

other online communication portal)

- Representation from

residents, retailers, community groups, landlords and Council

- Develop a closed

Facebook page for businesses only to generate interest in getting involved in the ‘town team’

- Purpose is for holistic

representation of the community to come together and develop and implement projects that benefit the town

- LIKELY PROJECT COST:

- Council officer time.

Complementary to established Council facilitated business development program.

Involves community & traders/ retailers together

Saves time

Advocate change

Creates communication throughout the town

Single point of contact for Council – a voice of advocacy

Apathy

Local Negativity

Time – commitment from enthusiastic parties

Competency – Council may need to offer guidance on governance

Workshop

Gather interest through Facebook

EOIs

Define governance, structure, objectives

Some face-to-face

Project three: Event

- Musical/local bands

- Attract youth

- Target at locals to start

- Night/Day (Sat- off

market)

- Winter theme – food,

local produce - Activities – treasure hunt

- Promotion

- LIKELY PROJECT COST:

- Financial commitment

required to deliver event supplemented by Council officer time.

Builds civic pride

Brings locals together – unity

Time

Cost – cannot rely solely on Council funding

Must be done properly

Man power & commitment

Could cause friction

Gather ideas for event

Define objectives

Define actions + timings (gant chart)

Investigate funding opportunities (e.g. Tourism Victoria’s Victorian Country Events funding)

Next steps:

Council is now required to endorse one of the three shortlisted initiatives, so that the project working group can progress the program. This will ensure that the intent of the program is embedded firmly within a group of retailers and community members




who can take a leadership role in establishing a series of projects in Kilmore – leading to the establishment of an active, productive and successful trader association supported by Council.

Acknowledging Council’s constrained financial position, and in the absence of an active Chamber of Commerce, Project Three requires considerable financial investment and, for this reason, it is not recommended as an activity to pursue.

Whilst Project One presents a solid case for the working group to action, Project Two is considered the most appropriate initiative to invest in. In the absence of an active trader association, Project Two is centered around drawing together the collective and latent enthusiasm within the township and working toward a more unified voice of reason and action with regard to retail development.

Once endorsed, the supported project will be formalised through a detailed project plan which will be delivered by the appointed consultant and developed in partnership with the project working group.

CONSULTATION

A workshop was held in the John Taylor Room in Kilmore on Tuesday 25 March 2014. The workshop was originally scheduled to occur in February 2014, however the Mickleham-Kilmore fires meant that the workshop had to be rescheduled.

The workshop was extensively advertised, promoted and included officers hand delivering letters of invitation to local retailers, encouraging their attendance.

A total of eight local business representatives attended the workshop. Several apologies were received from local retailers who were unable to attend the workshop, but wished to remain included in the project moving forward.

Officers will continue to utilise Council’s engagement framework and policy with regard to delivering this initiative.


The total project cost amounted to $25,000.

A $20,000 grant was secured through the Victorian Government’s StreetLife Program supplemented by a $5,000 contribution from Council’s 2013/14 Economic Development operational budget.

Given current financial constraints with regard to the Economic Development operational budget, the recommended retail project nominated for endorsement by Council largely involves Council officer time. The officer’s role in the initiative is primarily focused on facilitating the project and providing administrative support.


There are no policy or legislative implications associated with this report.


There are no sustainability implications associated with this report.






CONCLUSION

The Revitalising Rural Retail Program has drawn together a group of businesses that are enthusiastic and interested in revitalising Kilmore’s retail experience.

Council’s endorsement of the recommended retailer project coupled with continued officer support, will lay the foundation for a strong, successful and vibrant trader group that delivers beneficial outcomes that have far reaching benefits for the economy and the community.



7.4 RURAL BUSINESS FORUM

Author: Joseph Tabacco - Economic Development, Marketing and Communications Manager

File No: EC/01/001

Attachments: Nil

Reference: Item 12.2 - 24 March 2014

SUMMARY

This report responds to Notice of Motion 783 and recommends the organisation of a rural business forum to evaluate local interest in the formalisation a Rural Chamber of Commerce.

COUNCIL RESOLUTION

MOVED: CR. B. CHISHOLM


THAT Council advertise and promote a Rural Business Forum featuring guest speakers to be held in July 2014.

CARRIED

BACKGROUND

Cr Bill Chisholm moved a Notice of Motion at Council’s meeting held on 24 March 2014, seeking officers to “explore the feasibility of establishing a rural chamber of commerce expressly intended to support rural businesses and the economic viability of small towns situated within Mitchell Shire.”

Mitchell Shire Council is currently represented by four Chambers of Commerce which include:

a) Seymour Business and Tourism Incorporated;

b) Broadford Business United Services Incorporated;

c) Wallan Chamber of Commerce; and

d) Kilmore Chamber of Commerce.

Each of the Chambers is active to varying degrees and independent of Council operations and activities.

A Chamber of Commerce is generally established to promote and protect the interests of a business community in a defined geographical area. All chambers within Mitchell Shire Council are governed under the Associations Incorporation Reform Act 2012 which is administered through Consumer Affairs Victoria (CAV).

An incorporated association is a structured, legal entity which can enter into contracts. When the organisation incorporates, it becomes a ‘legal entity’ that


RURAL BUSINESS FORUM (CONT.)


remains even if its members change, as is often the case with volunteer organisations – like Chambers of Commerce.


There are approximately 3,750 businesses located within the Shire that have an active ABN and are registered for GST – that is, businesses turning over more than $75k annually.

A further (approximately) 4,700 businesses within the Shire have an active ABN but are not registered for GST.

The majority of Mitchell Shire based businesses are situated within local townships. However, a number of business operations occur within less populated areas. This presents an opportunity with regard to establishing a Rural Chamber of Commerce that primarily focuses on rural business issues.

Establishing a Chamber of Commerce requires individuals from within the community to nominate themselves into formalised roles as defined in the Associations Incorporation Reform Act 2012. This includes a President, Secretary, Treasurer, Public Officer or General Member.

Determining the feasibility of establishing Mitchell Shire Rural Chamber of Commerce would rely heavily on local volunteers to nominate for positions within the incorporated association. These individuals would be required to facilitate regular meetings, develop a business plan outlining the organisational aims and objectives and what value driven initiatives and advocacy it would deliver to its members.

Understanding the level of interest in such an organisation, and the likely number of people who would wish to be a member of such an organisation, would be best achieved through a rural business networking event.

Council’s Economic Development, Marketing and Communications Department regularly host and deliver a range of business workshops and seminars. In recent times, a series of networking events have also been held.

In the context of this report, it is recommended that a networking function be facilitated by Council to initially establish levels of interest and commitment from rural business operators.

CONSULTATION

It is proposed that Council social media channels, traditional channels and a letter to rural based businesses be issued, informing them of the free event.


Catering is likely to be the only cost associated with this event. As such, an amount of $200 has been accommodated in the 2014/15 Economic Development operational budget.


There are no policy or legislative implications associated with this report.


RURAL BUSINESS FORUM (CONT.)



There are no sustainability implications associated with this report.



CONCLUSION

Informal networking functions provide local business operators an opportunity to gather, share experiences and develop rapport with one another.

The delivery of a rural business forum will enable Council to better understand the likely levels of interest and the necessary level of investment required to formalise a Rural Chamber of Commerce in Mitchell Shire Council.



7.5 VICTORIAN CIVIL & ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION

Author: Paul Wood - Statutory Planning Coordinator

File No: CL/04/004

Attachments: Nil

SUMMARY

The following is a summary of the current Victorian Civil and Administrative Tribunal (VCAT) proceedings and a list of decisions on planning permit applications dealt with under delegated powers for the past month.

COUNCIL RESOLUTION

MOVED: CR. D. CALLAGHAN

SECONDED: CR. S. MARSTAELLER

THAT the Victorian Civil and Administrative Tribunal Hearings and Activities carried out under delegation report be received and noted.

CARRIED

Statutory Planning

Victorian Civil and Administrative Tribunal (VCAT) Hearings update. Proposal Appealed By Hearing Update

Appeal No. P2774/2013 PLP127/13 60 Hibberds Lane, Clonbinane 2 lot subdivision (re-subdivision)

Application for Review at VCAT has been made by the applicant following Council Refusal.

A Hearing was held on 16 April 2014. Officers presented the case to VCAT however at the commencement of the Hearing, the Applicant sought to substitute new application material. In the interests of process, VCAT issued an interim Order allowing Council an opportunity to provide a supplementary written submission on the revised material. This was provided to the Tribunal in line with the Order. Council is now awaiting a final decision to be made.


VICTORIAN CIVIL & ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.)


Proposal Appealed By Hearing Update

Appeal No. P118/2014 P305477/08 180-190 Darraweit Road, Wallan 49 lot staged subdivision

Application for Review at VCAT has been made by the applicant following Council’s Refusal to extend the Planning Permit.

A Hearing was held on 20 May 2014. No decision has been made.

Appeal No. P277/2014 PLP003/13 18 Eucalypt Grove, Heathcote Junction Use and development of the land for a store, removal of native vegetation and reduction in car parking requirements

Application for Review at VCAT has been made by the objectors following Council’s decision to issue a Notice of Decision to Grant a Planning Permit.

A Hearing is scheduled for 11 June 2014.

Appeal No. P291/2014 P305400/08 Lot 9, Englishs Road, Broadford To construct a dwelling


A Hearing is scheduled for 1 July 2014.







Appeal No. P425/2014 PLP161/13 2B Hanna Street, Seymour Buildings and works for the construction of an open sided shed.

Application for Review at VCAT has been made by the applicant following Council’s Refusal to Grant a Planning Permit.

Council requested a Practice Day Hearing be held to resolve preliminary issues with the application. These issues relate to the Applicant’s Grounds of Appeal which assert that the land benefits from existing use rights. A Practice Day Hearing was held on 9 May 2014 where




Proposal Appealed By Hearing Update

the VCAT Member made an Order that if existing use rights are to be relied on as part of the appeal, the Applicant would need to seek a declaration from the Tribunal under Section 149A of the Planning and Environment Act 1988 prior to 6 June 2014. The matter will then be considered further at a Hearing. A Hearing date has not yet been set.

Appeal No. P552/2014 PLP174/13 25 Powlett Street, Kilmore 2 lot subdivision and creation of access to a road in a Road Zone, Category 1

Application for Review at VCAT has been made by the applicant following Council’s Refusal to Grant a Planning Permit. In this case Council refused the permit pursuant to Section 61(2) of the Planning and Environment Act 1987 as a referral authority objected to the grant of a permit.

A Hearing date has not yet been set.

Activities Carried out Under Delegation

A list of planning permit applications dealt with under delegated powers for the month is included below. Permit No. Address Description of Permit Type of

Document Date Approved

PLP320/13 35 Queen Street WALLAN

Use of the land for a medical centre and a reduction in car parking requirements

Planning Permit

01/04/14

PLP229/13 35 Heritage Drive BROADFORD

Removal of native vegetation Planning Permit

02/04/14

PLP322/13 245 Forbes Moranding Road WILLOWMAVIN

Buildings and works for the purpose of constructing a dwelling

Planning Permit

02/04/14

PLP308/13 285 Stotts Road WANDONG

Buildings and works for the purpose of relocating a single storey dwelling

Planning Permit

02/04/14

PLP334/13 30 Cunninghams Road TYAAK

Buildings and works for the purpose of extending a dependent persons unit and the replacement of an agricultural shed (outbuilding)

Planning Permit

02/04/14




PLP075/14 735 Union Lane BYLANDS

Construction of buildings and works for the purpose of an outbuilding

Planning Permit

03/04/14

PLP006/14 19 Short Street BROADFORD

2 lot subdivision Planning Permit

07/04/14

PLP064/14 935 Seymour Pyalong Road SUGARLOAF CREEK

Buildings and works for the construction of a verandah to the existing dwelling

Planning Permit

07/04/14

PLP319/13 215 Sungarrin Road HILLDENE

Use and development of a dwelling Planning Permit

07/04/14

P306772/11 275 North Mountain Road HEATHCOTE JUNCTION

Use and development of a dwelling, outbuilding and the removal of native vegetation

Planning Permit

08/04/14

PLP291/13 2B Lodge Street TALLAROOK


Planning Permit

08/04/14

PLP286/13 22 Tomlinson Track WILLOWMAVIN

Buildings and works for a shed in association with the use of the land for leisure & recreation (shooting range)

Planning Permit

10/04/14

P6296/01 Hillview Drive BROADFORD

The subdivision of land into 25 lots and the removal of native vegetation

Amendment 11/04/14

PLP001/14 15 Kelly Court TALLAROOK

Use and development of the land for a dwelling

Planning Permit

11/04/14

PLP288/13 205 Speed Road HILLDENE

Use and development of the land for a dwelling

Planning Permit

11/04/14

PLP020/14 850 Mt William Road WILLOWMAVIN

Use and development of the land for an emergency services facility (CFA)

Planning Permit

14/04/14

PLP293/13 9 Sir Leo Curtis Drive WANDONG

Use and development of a dwelling and removal of vegetation

Planning Permit

16/04/14

PLP070/14 43 Emily Street SEYMOUR

Buildings and works for the purpose of external alterations to an existing service station

Planning Permit

16/04/14

PLP094/14 650 Kilmore Lancefield Road FORBES

Construction of buildings and works for the purpose of an outbuilding (2014 fire affected property)

Planning Permit

17/04/14

PLA300046/95 8447 Goulburn Valley Highway TRAWOOL

Liquor licence (restaurant and café licence)

Amendment 23/04/14

PLA303805/04 65 Wellington Street WALLAN

Use and development of the land for a medical centre and a reduction in the car parking requirements

Amendment 24/04/14

PLP278/13 2817 Epping Kilmore Road HEATHCOTE JUNCTION

Construction of a dwelling (replacement dwelling)

Planning Permit

28/04/14

PLP312/13 12 Stanley Street WALLAN

12 lot subdivision (SPEAR: S044197V)

Planning Permit

29/04/14

PLP348/13 20 Windham Street WALLAN

12 lot subdivision (SPEAR: S045880J)

Planning Permit

29/04/14




PLP009/14 1 Melissa Court KILMORE

Buildings and works for the purpose of constructing a verandah

Planning Permit

29/04/14

PLP042/14 48 Main Road TALLAROOK

Buildings and works for the purpose of constructing a shed

Planning Permit

29/04/14

PLP045/14 3 Lightwood Avenue SEYMOUR


Planning Permit

29/04/14





8 COMMUNITY AND RECREATION

8.1 KINDERGARTEN FUNDING 2015

Author: Liz Riley - Manager Community Services and Development

File No: CH/08/010

Attachments: Nil

SUMMARY

To inform Council about the potential cessation of Commonwealth funding towards the additional five hours introduced into Mitchell Shire Council Kindergartens in January 2013, and report on the implications of how a reduction in funding will impact the community and councils ability to provide 15 hours of kindergarten services.

COUNCIL RESOLUTION

MOVED: CR. B. CORNISH


THAT Council:

1. Note the potential cessation of Commonwealth Government’s contribution of funding towards the additional five hours introduced into Mitchell Shire Council Kindergartens in January 2013.

2. Note that the cost to Council of continuing to provide the additional five hours if funding is not provided by the Commonwealth is estimated at $570,000 per annum.

3. Advocate on behalf of Mitchell Shire Council Kindergarten Services by writing to

Federal and State MP’s, urging them to raise community and council concerns with their Ministerial colleagues.

UNANIMOUSLY CARRIED

BACKGROUND In November 2008 the Council of Australian Governments (COAG), as part of its early childhood reforms, endorsed the national agenda of universal access to 15 hours of kindergarten a week for four year-olds from 2013. In July 2012 Mitchell Shire Council (MSC) approved the introduction of Universal Access and the 15 hour initiative. All Kindergartens operated by MSC introduced 15 hours of kindergarten at the beginning of 2013. The current funding arrangement includes a contribution by the State Government towards 10 hours ($204 million pa), the Commonwealth Government contributes the


KINDERGARTEN FUNDING 2015 (CONT.)


funding towards five hours ($113 million pa) and the community/local government provide up to 35 per cent to meet the government shortfall through fees, fundraising and council support. The Australian Government committed to funding the additional 5 hours funding until December 2014 and will not make their position in regard to ongoing funding known until mid 2014. ISSUES AND DISCUSSION 1. Impact on Community & Learning Outcomes for Children There is irrefutable evidence both nationally and internationally that preschool attendance improves student results in numeracy, reading and spelling. The Australian Education and Development Index 2012 for Mitchell Shire reported that from 2009 (previous index) there was an increase in the number of children in the shire who were developmentally vulnerable in the areas of physical health and wellbeing, social competence, emotional maturity, language and cognitive skills and communication skills and general knowledge. The introduction of the additional five hours via Universal Access was a major initiative aimed at addressing these issues. 2. Funding If the additional hours are not funded, rather than a reduction to the 10 hours it has been suggested that the funding shortfall could be offset by;

a. Increased parent fees. This would result in the average annual fees increasing by 129% from the current $1,200 each year to $2,750 per child per year, a placing a significant financial burden on families, or

b. A significant increase in the financial contribution council makes towards the delivery of the service.

Council could also decide to return the service to the 10 hours per week provided prior to January 2013. 3. Staffing An additional 1200 teachers and educators were trained and employed to deliver the additional preschool hours across Australia. MSC currently employs 34 educators to deliver kindergarten programs. If 15 hours is no longer financially supported or sustainable, council will need to consider significant reductions in staffing numbers across the service.




4. Kindergarten Infrastructure Both MSC and the State government have invested significant amounts of money in modifying existing infrastructure to accommodate the additional five hours of Kindergarten services. The cost of the modifications totaled $1,093,000 with The Victorian Government contributing $827,000 and the MSC contributing $266,000. FINANCIAL, RESOURCE AND ASSET MANAGEMENT IMPLICATIONS Based on 2014 enrolment numbers, the cost to MSC of absorbing the funding of the additional five hours of service equates to approximately $570,000 per annum. Without continued financial commitment there is a significant risk of poorer learning outcomes for Victorian children and the system falling further behind our Organisation for Economic Co-Operation and Development (OECD) counterparts. Locally within the shire of Mitchell the reduction in hours may result in children suffering poor developmental and educational outcomes, impacting on them throughout their lives. POLICY AND LEGISLATIVE IMPLICATIONS The potential cessation of Commonwealth funding towards the additional five hours introduced into Mitchell Shire Council kindergartens is aligned with the following objectives of the Council Plan 2013-2017: HEALTHY AND VIBRANT COMMUNITIES “Providing and supporting programs and services to build vibrant and healthy communities where people are proud to live.” The reduction in hours for kindergarten is inconsistent with the strategic directions outlined in the Victorian Governments, Early Years Strategic Plan: Improving the outcomes for all Victorian Children 2014-2020. This strategy addresses how all children should have access to high-quality early learning to better fulfill children’s potential, break the cycle of disadvantage and confirms that early childhood programs offer higher returns and are very cost effective. OFFICER DECLARATION OF CONFLICT OF INTEREST No officers involved in the preparation of this report have any direct or indirect interest in this matter. CONCLUSION The MAV have written to the Prime Minister, raised this issue in the 2004 State Budget submission, is in ongoing discussion with the Victorian Minister and Early Childhood Development and has actively advocated to the Australian and Victorian governments.




Councils are being encouraged to make contact with their Federal and State MPs about this matter before the end of June 2014 when the National Partnership review concludes. Key Messages include: 1. Australia’s early childhood education system must not be left to fall further behind

our OECD counterparts. Our children deserve better and we expect better for them.

2. Such a significant national education reform must have continued funding beyond the political cycle.

3. Without continued government investment for the additional five hours of preschool, we risk poorer learning outcomes for Victorian children.

4. Parents cannot sustain exorbitant fee increases to offset government funding cuts.

5. We cannot afford the job losses, or risk councils withdrawing their support and extensive roles in kindergarten planning, facility and service provision.



9 CORPORATE SERVICES

9.1 RATING AUTHORITY VALUATIONS

Author: Tammi Rose - Director Corporate Services

File No: RA/11/001

Attachments: Nil

SUMMARY

Following amendments to the Valuation of Land Act 1960 (the Act) Council can now choose to transfer their responsibility for completing Rating Authority Valuations to the Valuer-General Victoria (VGV). This report recommends that Council resolve to transfer their responsibility for undertaking Rating Authority Valuations to the VGV.

COUNCIL RESOLUTION

MOVED: CR. R. SANDERSON


THAT Council:

1. Resolves to transfer the responsibility for Rating Authority Valuations to the Valuer-General Victoria, subject to the negotiation of terms of the Agreement for the Provision of Valuation Services to the satisfaction of the Chief Executive Officer and Director Corporate Services.

2. Authorise the Director Corporate Services to continue negotiations with the

Valuer General Victoria and execute the Agreement for the Provision of Valuation Services with the Valuer General Victoria once satisfactory agreement is reached.

CARRIED

BACKGROUND

Rating Authority Valuations in Victoria are legislated under the provisions of the Valuation of Land Act 1960 and come under the ministerial responsibility of the Minister for Environment and Climate Change. The functions of the Act are carried out by the VGV, operating as part of Land Victoria, within the Department of Sustainability and Environment. The annual collection of municipal rates and state government land tax revenue are underpinned by Rating Authority Valuations. Since the Act was proclaimed in 1960, municipalities have undertaken rating valuations on behalf of all rating authorities. The VGV’s role is to oversee the revaluation process to ensure council valuers apply uniform standards across the state and to provide final approval that the general


RATING AUTHORITY VALUATIONS (CONT.)


revaluation has been completed in accordance with the Act and their Valuation Best Practice Guidelines. Land Victoria, through the VGV, on 1 December 2008 released a Discussion Paper: ‘The future direction of Rating Authority Valuations in Victoria’ and stakeholder comment was sought. The general thrust of the discussion paper was a proposal to centralise the process for assessing Rating Authority Valuations by having the VGV manage valuations state-wide. The public consultation period ran from 1 December 2008 to 16 February 2009, with information sessions conducted across the state. The consultation attracted a strong response from the valuation community with 119 submissions received. Following detailed consideration of submissions the proposal was refined to reflect the predominant views expressed during consultation. In particular, the proposal was amended to give councils the ability to choose whether they or the VGV will have responsibility to carry out biennial general valuations. Proposals to improve state-wide management of the valuation data, as well as for greater efficiency and consistency in provision of data to the VGV, were supported by the majority of respondents. On 15 December 2009 the Valuation of Land Amendment Act 2009 received royal assent giving municipal councils the option to transfer to the VGV their responsibility for completing Rating Authority Valuations and making the VGV the custodian of state-wide valuation data that will be available to the public for a prescribed fee.


In essence, the legislative changes mean that all councils for the 2012 revaluation and subsequent biennial valuations:

can choose to retain responsibility for rating authority valuations or nominate the VGV as the valuation authority; and

no longer need to provide valuation data to other rating authorities such as the State Revenue Office (SRO) because the VGV will supply to those authorities certified valuation data from the Valuation Record.

Under Section 10 of the Act, councils wanting to nominate the VGV as their valuation authority for the 2016 general valuation must do so in writing by the 30 June 2014. If a council chooses to opt-in, prior to any subsequent general valuation they may opt-out by advising the VGV in writing of their desire to do so by 30 June of the even calendar year immediately prior to the valuation year. A nomination remains in force until it is revoked and councils are not required to make a nomination at each revaluation. After nomination the VGV will negotiate a service level agreement with each opt-in council that will establish the rights and obligations of both parties. The agreement will provide for:

the timing and return of valuation data;

the processing of supplementary valuations;




how valuation objections are handled;

delivery of valuation data;

customer service standards;

fee payment structure;

who will issue notices of valuation;

other council-specific valuation requirements;

confidential information and confidentiality. As is currently done by Council, for opt-in councils, the VGV will undertake an open public tender process to engage a contract valuer to value properties within the municipality. Opt-in councils will be invited to have input into the tender process to ensure that suitably qualified valuers are appointed and council’s valuation and customer service requirements are met. If Council does not choose to opt-in we will need to start our own tender process immediately as our existing contract expires at the conclusion of the 2014 valuation process. Under the proposal the VGV will be responsible for:

tendering, evaluating, contracting and managing valuation services;

the timely return of valuations that are compliant with the Act and Valuation Best Practice Guidelines;

administering relationships and negotiating fees with other rating authorities that use the valuation;

handling valuation objections and appeals; and

providing preliminary revaluation data for budget preparation. Council will be responsible for:

providing access to relevant databases to enable initial transfer and ongoing updates to the VGV’s valuation system;

maintaining address and property details;

receiving valuation objections and referring to the VGV;

requesting and providing information for supplementary valuations. This new approach to rating authority valuations offers Council greater flexibility in how we obtain valuation services as we now have the option to transfer this responsibility (and associated processes and risk) to the VGV. The ability to opt-in or out prior to each general valuation cycle means that we retain overall control of our valuations process should Council, at some time in the future, determine that it wishes to revert to an in-house or independently contracted process. There are potential benefits to all parties if Council transfers responsibility for valuations to the VGV, including:

the VGV will be liable for the cost of tendering and contract management of the valuation thereby relieving Council of these tasks;

as the State’s independent authority on property valuations, overseeing all significant government property valuations and rating authority valuations, the VGV is in the best position to procure, manage and administer valuation




services. This comprehensive knowledge of the valuation industry will enable a thorough evaluation of potential valuation service providers potentially delivering better value to Council;

the VGV will bear the risk of meeting the delivery timeframes for the revaluation, and would be able to draw on a wider pool of resources to achieve delivery should an issue or event affect the business continuity of the selected contract valuer;

the VGV already sets the standard for rating authority valuations in Victoria through the Valuation Best Practice initiative and as the valuation authority would have greater control over the revaluation rather than via the certification process only;

separating the valuation function from the rating function removes any potential conflict of interest, either real or perceived, from the valuation process. It would also make it easier for Council to manage communications with the community around rate increases at times of revaluation such as is currently being experienced;

the VGV will manage the relationship with other rating authorities that use the valuation;

the VGV as valuation authority will provide the valuation system, thereby relieving councils of the need to purchase, create or maintain their own valuation system. This will assist in standardising the revaluation process state-wide to improve data quality, valuations and efficiencies in the audit process;

in relation to objections and appeals, the VGV's statutory role and priority is to defend valuations in accordance with the provisions of the Act. As valuation authority the VGV will be responsible and therefore liable for any costs incurred by objections referred to the Victorian Civil and Administrative Tribunal (VCAT), or the courts;

the VGV has a new statutory role to establish and maintain a state-wide valuation record. As valuation authority, the VGV is better placed to enhance the quality and consistency of valuations and data that will be included in the valuation record.

While being a new approach for procuring rating authority valuations for Mitchell Shire Council, the biggest benefit to Council is the transfer of the risk to the VGV for procuring valuation services and meeting the timeframes for the delivery of the revaluation. Another area where our exposure to risk will be reduced is in relation to the management of our valuation calculation system, as currently all the knowledge in relation to this system rests with our current valuation contractor.

CONSULTATION

An initial high level information session regarding the proposal was held between the VGV, staff from his office and Council staff. With the 30 June 2014 deadline for opting in approaching, Council’s agreement to the proposal is sought, subject to final negotiation of contract terms to the satisfaction of the Chief Executive Officer and Director Corporate Services.





For councils that transfer their Rating Authority Valuation responsibilities to the VGV the fee structure will be totally transparent and based on the tendered contract costs less any contributions made by other rating authorities. Opt-in councils will also not have to bear the costs of:

tendering, evaluating, contracting and managing valuation services;

providing and managing their own valuation calculation systems;

defending valuation appeals at VCAT, or the courts;

administering relationships and negotiating fees with other rating authorities that use the valuation;

administering valuation objections that arise from SRO land tax assessments. At the meeting with the VGV, he indicated that he was totally committed to making the arrangements a success and would ensure that financial and staff resources were provided to ensure that the transfer of responsibility delivers successful outcomes for both parties.


This report is consistent with Valuation of Land Act 1970, which provides for councils to nominate the Valuer-General as the responsible authority for completing a general valuation of all rateable land and non-rateable leviable land within the Mitchell Shire Council.


There are no social or environmental sustainability implications arising from the preparation of this report.


No Officers involved in the preparation of this report have any direct or indirect interest in this matter.

CONCLUSION

Following amendments to the Valuation of Land Act 1960 (the Act) Council now has the ability to choose to transfer their responsibility for completing Rating Authority Valuations to the Valuer-General Victoria (VGV). Taking into consideration the benefits of this proposal this report recommends that Council resolve to transfer their responsibility for undertaking Rating Authority Valuations to the VGV effective the 2016 valuation process.



9.2 MITCHELL HERITAGE RESTORATION FUND PILOT PROGRAM

Author: Ian Blyth - Grants Officer

File No: HR/04/005

Attachments: 1. Guidelines for Applicants 2. Guidelines for MSC staff

SUMMARY

To recommend a one year operating model for the Mitchell Heritage Restoration Fund (MHRF) Kilmore Pilot Program comprising a partnership of Council, State Government and retail hardware that provides grants to approved applicants who are renovating heritage listed commercial buildings within the Kilmore commercial precinct that are open to the public or are visible from the roadway.

RECOMMENDATION

THAT Council:

1. Approve the commencement of the Mitchell Heritage Restoration Fund based on the guidelines in this report.

2. Utilises the 2013/14 budget allocation to deliver the program in 2014/15.

COUNCIL RESOLUTION

MOVED: CR. R. LEE


MOTION

THAT Council:

1. Approve the commencement of the Mitchell Heritage Restoration Fund based on the guidelines in this report.

2. Utilises the 2013/14 budget allocation to deliver the program in 2014/15.

3. Advise by letter the conforming property owners of the details and criteria of the Mitchell Heritage Restoration Fund.

The MOTION when put was UNANIMOUSLY CARRIED

BACKGROUND

The MHRF was created with the “aim to conserve and restore the built heritage of Mitchell Shire for the enjoyment of the wider community”. A fund of $50,000 for the


MITCHELL HERITAGE RESTORATION FUND PILOT PROGRAM (CONT.)


2013/2014 financial year was established to assist in the minor restoration works on heritage-listed commercial properties within the Kilmore retail precinct.


It is recommended that the MHRF is applicable to heritage listed commercial buildings within the Kilmore retail precinct and that grant allocations are based on the following criteria: • Applicants must be the owner of a significant heritage place in a Heritage

Overlay.

• The applicant for the grant must be the owner of the property (occupants of a property can apply with the written consent of the owner).

• Conservation works of preservation, restoration or reconstruction to publicly accessible or visible areas.

• Works should prolong the life of the heritage asset but not include routine maintenance.

• Works should provide a community benefit, such as increasing public awareness on the heritage matters or improving streetscape appearance.

• The owner of the building must enter into an agreement with MHRF which specifies the works which are to be undertaken and the date by which the works are to be completed.

All works must be undertaken by professionals who have expertise in heritage restoration.

The value of the grant will range up to $10,000.

The successful applicant will be expected to provide a co-contribution based on a $2:$1 ratio.

The Mitchell Shire Heritage Restoration Scheme will stimulate new investment, enhance business and development opportunities and attract new visitors into the Kilmore commercial precinct where the majority of properties within the Heritage overlay are situated. The program is designed to provide an economic incentive for improving the appearance of the facades of buildings and to encourage quality renovation that will enhance and be consistent with the historical design, materials, and architectural character reflected in the original design of each building. Projects which contribute to and are consistent with the historic fabric of Mitchell Shire are eligible for consideration. The Heritage Overlay Schedule to the Mitchell Planning Scheme (VC85 14/03/2013) lists a total of 108 Heritage Places within the Shire – 42 of which are in Kilmore.

CONSULTATION

Activities to date have focused on expanding the funding pool thereby increasing the overall financial resources of the pool.




The outcome is seen as a mix of direct allocations to recipients administered by MHRF and access to external funding through the assistance of Council. Kilmore Mitre 10 will support the MHRF as a sponsor. Building owners who are funded under the program will be able to obtain building materials, heritage paint, etc. at a discount. Mitre 10 is also willing to promote the MHRF through in-store displays. Discussions with Regional Development Victoria have indicated that the agency would be willing to consider grant applications by Council on behalf of the MHRF if evidence is shown that there is support for the project from other sectors of business and government. RDV manages programs that are specifically heritage/local history related as well as community support programs of a more general nature. A new grants program (announced at the end of 2013), the Victorian Heritage Register Places and Objects Fund, is being delivered by Victoria’s Heritage Restoration Fund Incorporated on behalf of Heritage Victoria. This program has a focus on places in public ownership and will provide the potential for Council to fund restoration works on its heritage stock.


Under the Local Government Act, 1989 section 3F (1) “a Council has the power to do all things necessary or convenient to be done in connection with the achievement of its objectives and the performance of its functions.” Under section 169 (1) “a Council may grant a rebate or concession in relation to any rate or charge: (1) to preserve buildings or places in the municipal district which are of historical or

environmental interest; or (2) to restore or maintain buildings or places of historical, environmental,

architectural or scientific importance in the municipal district. Based on Council’s allocation, and funding from program partners (subject to confirmation), a total amount of $70,000 is available to cover direct funding (grants) and administration of the MHRF Kilmore Pilot Program. The distribution of these funds will be via both direct grants to eligible applicants and in kind support to applicants in progressing applications. The funds will also be used to cover administrative costs such as promotional material. The MHRF will be managed by Council’s Community and Recreation Directorate. It is also suggested that an Advisory Committee comprising Councillors, Officers and program sponsors is formed to assist in the management of the program. A specialist with heritage knowledge would also add value to the committee.


Procedures will need to be put in place to guarantee compliance with the Fund guidelines to ensure Council’s exposure is minimised and that the program delivers the outcomes that are intended.





This is an administration process and does not have any environment and sustainability implications associated with this report.



CONCLUSION

Should the Council approve this program, the focus between now and 30 June 2014 will primarily be key activities around the promotion of the MHRF and assessment of initial applications. It is expected that funds provided for in this year’s budget will not be expended prior to 30 June 2014. Council will use the 2013/14 funds $50,000 as part of the 2014/15 Budget to support delivery of the program.



10 ENGINEERING AND INFRASTRUCTURE

10.1 EMERGENCY MANAGEMENT COMMUNITY CONSULTATION

Author: Shane Power - Operations Manager Liz Riley - Manager Community Services and Development

File No: EM/05/013

Attachments: Nil

SUMMARY

To inform Council on proposed meetings to consult with the community about the identification and formalization of sites for Neighbourhood Safer Places – Places of Last Resort (NSP-PLR) and emergency preparedness. It is anticipated that these will occur in June 2014, and be advertised through the media.

COUNCIL RESOLUTION

MOVED: CR. B. CHISHOLM

SECONDED: CR. S. MARSTAELLER

THAT Council endorse the proposed community meetings which will provide an opportunity for Council and other response agencies to consult with the community about the process for determining Neighbourhood Safer Places – Places of Last Resorts and discuss emergency management preparedness.

CARRIED

BACKGROUND

Mitchell Shire Council (and other authorities) received significant criticism following the recent Mickleham-Kilmore fires in February 2014, for the lack of bushfire shelter options in and around the Kilmore area. At the time, Council Officers committed to community members that Council would host community meetings for consultation around bushfire shelter options, bushfire survival plans and emergency management processes in the months following the February event.


NSP-PLR’s provide short-term shelter from the immediate life-threatening effects of bushfire, such as direct flame contact and radiant heat exposure. They are not resourced by Council or other agency staff, facilities are limited and may include toilets.


EMERGENCY MANAGEMENT COMMUNITY CONSULTATION (CONT.)


Mitchell Shire Council currently has three approved NSP-PLR’s located at:

Chittick Park Oval, Pollard Street, Seymour; CWA Park, Corner Main Street (Upper Goulburn Road) and Railway Place,

Tallarook; and Hadfield Park, bounded by Northern Highway, Wallan-Whittlesea Road,

Windham Street and Queen Street, Wallan. Whilst there were no NSP-PLR’s in place within the Kilmore township during the February fires, Council officers had previously submitted a number of potential locations to the CFA for assessment prior to the fire. Since the February 2014 fires, Officers have also submitted a number sites for assessment to the CFA for consideration to be NSP-PLR’s. Table 1 below list the sites submitted for assessment by the CFA to date. Table 1 – NSP-PLR site assessment status

Location Status Report Due Date

East Street, Kilmore (opposite Kilmore Racing Club)

Assessed May 2014

Hudson Park, Kilmore Assessed May 2014

High Street, Pyalong Assessed May 2014

The Kilmore Racing Club (Trackside) To be assessed (May 2014) June 2014

Cricket Oval, Pyalong Recreation Reserve

To be assessed (May 2014) June 2014

The Pyalong Recreation Reserve building

To be assessed (May 2014) June 2014

The CFA has advised that each of the sites due to be assessed in May 2014 (with Mitchell Shire Officers present), will have assessment results provided to Council by the end of June 2014. In the future, it is intended that Council Officers will attend all assessments to ensure a clear understanding of the remediation actions required (eg. such as vegetation clearance) to enable a site to be modified in order to meet compliance requirements of the CFA guidelines for NSP-PLR’s. Council’s Neighbourhood Safer Places Plan is currently under review. The plan is based on guidelines prepared by the Municipal Association of Victoria (MAV) and aims to provide guidance and assistance to Council in: identifying, designating, establishing, maintaining and decommissioning places as NSP-PLR’s within its municipal district. The revised plan will include a requirement for community consultation during the NSP-PLR process and will also recommend the establishment of a sub-committee to oversee the planning, implementation and evaluation of NSP-PLRs. The membership of the sub-committee may include:




Emergency Management & Fire Coordinator, Mitchell Shire Council;

Municipal Emergency Resource Officer, Mitchell Shire Council;

Municipal Recovery Manager, Mitchell Shire Council;

Operations Officer, CFA;

Municipal Emergency Response Coordinator, Victoria Police; and

Representative, DEPI.

In addition to Council identified sites, the reviewed NSP Plan will include the opportunity for community members and local CFA brigade Captains to propose sites for potential NSP-PLR’s. These proposals would then be forwarded to the CFA’s Fire Safety Officer for assessment. Where sites are deemed to be compliant for use as a NSP-PLR, the subcommittee would meet to make a final determination before forwarding a report to Council for endorsement.

CONSULTATION

To meet the immediate concerns of residents in both the Kilmore and Pyalong communities, the CFA propose to facilitate meetings to discuss the NSP-PLR process with each community as follows:

6:00pm, Wednesday 18 June 2014, John Taylor Room, Kilmore Library; and

6:00pm, Wednesday 25 June 2014, Pyalong Recreation Reserve. It is proposed that the following representatives will be present:

Mayor, Mitchell Shire Council;

CEO, Mitchell Shire Council;

Manager Operations (MERO), Mitchell Shire Council;

Manager Community Services and Development (MRM), Mitchell Shire Council;

Emergency Management & Fire Coordinator, Mitchell Shire Council;

Operations Officer, CFA;

Captains from local CFA brigades;

Municipal Emergency Response Coordinator, Victoria Police; and

Community members. It is proposed that the following items will be discussed as part of the agenda:

Open space vs buildings as preferred NSP-PLR’s;

Site locations within townships;




Expanding CFA assessment reports to include potential works required for NSP-PLR compliance;

NSP-PLR’s and bushfire survival plans;

Fire preparedness;

Update on Council’s progress with the designation of already identified potential NSP-PLR’s;

Discussion on potential sites for further NSP-PLR’s;

Previous NSP-PLR site assessments and results;

Maintenance requirements and signage for NSP-PLR’s; and

Draft NSP Plan (the process for NSP-PLR’s).

Pending Council endorsement, Officers will prepare media releases in the following publications inviting community members to attend the community meetings in Kilmore and Pyalong:

The North Central Review;

McIvor Times; and

Pyalong Telegraph.

Council Officers will also prepare media releases advising the community of Council endorsed NSP-PLR’s that include the anticipated success of the community meetings and consultation process. Council Officers will prepare a report to Council to consider a final draft of the Neighbourhood Safer Places Plan, early in the 2014/2015 financial year.


The current NSP-PLR’s are maintained through the Parks and Environment and Operations approved departmental budgets. Should media releases not be published by local papers, advertisements will have to be placed in local papers at an estimated cost of $500.00 to Council. This cost will be accommodated for in Council’s approved 2013/2014 budget.


This report is in line with the Council Plan 2013/2017 Four Year Focus: “provide relief and recovery support to communities during extreme weather events such as fires and floods.”




SUSTAINABILITY IMPLICATIONS (SOCIAL AND ENVIRONMENTAL) The learnings that arise through consultation will be incorporated into plans and procedures to ensure Council’s capacity to establish and maintain NSP-PLR’s is sustained into the future. OFFICER DECLARATION OF CONFLICT OF INTEREST No officers involved in the preparation of this report have any direct or indirect interest in this matter. CONCLUSION

Providing opportunities for the community to be engaged in the NSP-PLR process allows for local knowledge to be considered in the identification and determination of designated of NSP-PLR’s. Community consultation also provides Council and the CFA the opportunity to further educate the community on bushfire shelter options and bushfire survival plans.



11 EXECUTIVE SERVICES AND GOVERNANCE

11.1 ASSEMBLY OF COUNCILLORS

Author: Jannice Foo - Governance Officer

File No: CL/04/013-02

Attachments: 1. Records of assemblies of Councillors - April 2014

SUMMARY

This report provides records of assemblies of Councillors that have occurred since the last Council meeting, which includes matters considered and any conflict of interest disclosures made by a Councillor.

COUNCIL RESOLUTION

MOVED: CR. B. CORNISH


THAT Council receive and note the records of assembly of Councillors received since the last Council meeting.

CARRIED

BACKGROUND

The Local Government Act 1989 requires a written record of an assembly of Councillors to form part of the Council minutes.

The Chief Executive Officer must ensure that the written record includes the following:

(a) names of all Councillors and members of Council staff attending; (b) matters considered; (c) any conflict of interest disclosures made by a Councillor attending under

subsection (3); (d) whether a Councillor who has disclosed a conflict of interest as required by

subsection (3) leaves the assembly.


The records of assemblies of Councillors since the last Council meeting are:

Wednesday, 2 April 2014 – Financial Sustainability Reference Group

Monday, 7 April 2014 – Strategy Briefing Session

Tuesday, 8 April 2014 – Municipal Emergency Management Planning Committee

Monday, 14 April 2014 – Informal Council Meeting

Tuesday, 22 April 2014 – Strategy Briefing Session

Monday, 28 April 2014 – Informal Council Meeting


ASSEMBLY OF COUNCILLORS (CONT.)


Tuesday, 29 April 2014 – Municipal Fire Management Planning Committee

Tuesday, 29 April 2014 – Access and Inclusion Advisory Committee

CONSULTATION

Members of the Executive Leadership Team, Mayor, Councillors and relevant Managers have been consulted in preparing this report.


There are no financial resource and asset management implications associated with this report.


This report is consistent with Section 80A of the Local Government Act 1989 which requires the Chief Executive Officer to ensure that the written record of an assembly of Councillors is reported at an ordinary meeting of Council as soon as practicable and is incorporated in the minutes of that Council meeting.


This is an administration process and does not have any environment and sustainability implications associated with this report.



CONCLUSION

This report is consistent with Section 80A of the Local Government Act 1989 which requires the Chief Executive Officer to ensure that the written record of an assembly of Councillors is reported at an ordinary meeting of Council as soon as practicable and is incorporated in the minutes of that Council meeting.



11.2 SUBMISSION TO THE PRODUCTIVITY COMMISSION INQUIRY INTO NATURAL DISASTER FUNDING ARRANGEMENTS IN AUSTRALIA

Author: Vanessa Adams - Corporate & Performance Planner

File No: GT/02/001-01

Attachments: 1. Productivity Commission Submission 2. Productivity Commission attachment

SUMMARY

The Productivity Commission has invited contributions to its current inquiry into Natural Disaster Funding Arrangements in Australia. The attached submission puts the case for a greater balance of funding between mitigation and response and recovery.

COUNCIL RESOLUTION



THAT Council approves the draft submission for dispatch to the Productivity Commission Inquiry into Natural Disaster Funding Arrangements in Australia.

CARRIED

BACKGROUND

The Productivity Commission is conducting an inquiry into the effectiveness and sustainability of Australia’s natural disaster funding arrangements. It has been asked to assess the full scope of current Commonwealth, State and Territory expenditure on natural disaster mitigation, resilience and recovery and to identify reforms which achieve an effective and sustainable balance between natural disaster recovery and mitigation funding, to help communities better prepare for disasters.


The draft submission describes the impact of effective flood mitigation, using the Seymour Flood Project as an example. It includes examples of insurance premiums in areas with effective flood mitigation in place, set against those without, clearly demonstrating the positive impact on family finances and economic development potential.

The submission argues for investment in flood mitigation as a cost-effective means of reducing the massive costs of disaster response and recovery, not only in terms of the dollar cost, but also in providing support for individuals and communities to alleviate the trauma associated with loss and recovery.

The submission also notes the previous Federal Government’s commitment to the National Insurance Affordability Initiative Fund, put on hold by the current administration, and advocates for its reinstatement.

The deadline for submissions is Friday 6 June.


SUBMISSION TO THE PRODUCTIVITY COMMISSION INQUIRY INTO NATURAL DISASTER FUNDING ARRANGEMENTS IN AUSTRALIA (CONT.)


CONSULTATION

Members of the Executive Leadership Team and relevant managers have been consulted in preparing this report.


There are no financial, resource or asset management implications directly associated with this report.


Responding to the Productivity Commission enquiry supports the following objective of the Council Plan 2013-2017:

Strong Reputation and Economy:

“Strongly advocate for the interests of the municipality”


There are no social and environmental sustainability implications associated with this report.



CONCLUSION

This submission supports Council’s argument for a better balance of Federal and State funding between mitigation and response, and for the reinstatement of the NIAI Fund.



12 NOTICES OF MOTION

Nil Reports

13 DELEGATES REPORTS

Nil Reports

14 GENERAL BUSINESS

In accordance with Clause 30 of the Meeting Procedure Local Law.

NIL

15 URGENT BUSINESS

In accordance with Clause 31 of the Meeting Procedure Local Law.

NIL

16 CONFIDENTIAL BUSINESS

NIL

17 DATE OF NEXT MEETING

The next Ordinary meeting of Council is scheduled to be held on Tuesday 10 June 2014 at the Mitchell Civic Centre, 113 High Street Broadford, commencing at 7.00 pm.

18 CLOSE OF MEETING

The meeting was declared closed at 7.30pm.

Confirmed this Tuesday, 10 June 2014

......................................................

Chairperson

Mayor, Cr Rodney Parker

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