19May09BP

WANGARATTA RURAL CITY COUNCIL

BUSINESS PAPER FOR THE ORDINARY MEETING

OF THE WANGARATTA RURAL CITY COUNCIL, TO BE HELD

IN THE OXLEY RECREATION RESERVE HALL,

OXLEY

ON TUESDAY, 19 MAY 2009 COMMENCING AT 7.00PM

Doug Sharp CHIEF EXECUTIVE OFFICER

BUSINESS PAPER – ORDINARY MEETING – WANGARATTA RURAL CITY COUNCIL 19 MAY 2009 2


TABLE OF CONTENTS

Page No. 1. OPENING PRAYER .................................................................................................................. 5

2. PRESENT ................................................................................................................................ 5

3. ABSENT ................................................................................................................................... 5

4. ACCEPTANCE OF APOLOGIES & GRANTING OF LEAVE OF ABSENCE .............................. 5

5. CITIZENSHIP CEREMONY ...................................................................................................... 5

6. CONFIRMATION OF MINUTES ................................................................................................ 5

7. CONFLICT OF INTEREST DISCLOSURE ................................................................................ 5

8. RECEPTION OF PETITIONS .................................................................................................... 5

8.1.1.1 RECEPTION OF PETITION – BUSHFIRE RECOVERY GRANT FOR AFFECTED LANDOWNERS ........................................................................................................................ 5

9. HEARING OF DEPUTATIONS .................................................................................................. 6

10. PRESENTATION OF REPORTS............................................................................................... 7

10.1 COUNCILLOR’S REPORTS ..................................................................................................... 7

10.1.1.1 LOCAL GOVERNMENT MINISTERIAL FORUM HELD ON WEDNESDAY 29 APRIL/30 APRIL 2009 (CR R WEBB) .................................................................................................................. 7

10.1.1.2 SPORT AND RECREATION REPORT (CR D MCPHIE) ........................................................... 7

10.2 OFFICER’S REPORTS ............................................................................................................. 9

10.2.1 EXECUTIVE SERVICES ........................................................................................................... 9

10.2.1.1 TOURISM SPECIAL EVENTS FUNDING PROGRAM ............................................................... 9 10.2.1.2 COUNCIL PLAN – PROGRESS REPORT .............................................................................. 11 10.2.1.3 LOCAL GOVERNMENT TRENDS .......................................................................................... 13

10.2.2 BUSINESS SERVICES ........................................................................................................... 15

10.2.2.1 2008/2009 FINANCIAL REPORTS .......................................................................................... 15 10.2.2.2 ROAD CLOSURE – SWAN STREET, WANGARATTA ............................................................ 16 10.2.2.3 NEW LOAN ............................................................................................................................ 20 10.2.2.4 COUNCILLOR ALLOWANCES AND REIMBURSEMENT OF EXPENSES .............................. 21

10.2.3 HUMAN & CULTURAL SERVICES ......................................................................................... 24

10.2.3.1 RURAL CITY OF WANGARATTA 2008/2009 AND 2009/2010 COMMUNITY RAFFLE ........... 24 10.2.3.2 REGIONAL EQUESTRIAN CENTRE FEASIBILITY STUDY .................................................... 25 10.2.3.3 WANGARATTA ART SHOW ................................................................................................... 28 10.2.3.4 MANAGEMENT AND OPERATIONS OF POOLS CONTRACT C0304/030 ............................. 30

10.2.4 INFRASTRUCTURE & PLANNING ......................................................................................... 32

10.2.4.1 SUBDIVISION, PLANNING & BUILDING REPORTS .............................................................. 32 10.2.4.2 PLANNING PERMIT APPLICATION 08-259 – USE AND DEVELOPMENT OF A DOG

BREEDING FACILITY AND DWELLING – 1 GLENROWAN ROAD, WANGARATTA .............. 34 10.2.4.3 PLANNING PERMIT APPLICATIONS 08-278 – REPLACEMENT OF A DWELLING ON 366

BURROWES ROAD, CHESHUNT .......................................................................................... 41 10.2.4.4 PROPOSED PLANNING SCHEME AMENDMENT C20 .......................................................... 49 10.2.4.5 “PURE LOCAL ENERGY” SOLAR COMMUNITIES BULK PURCHASE PROGRAM – BULK

PURCHASE OF PHOTOVOLTAIC CELLS FOR RESIDENTIAL USE...................................... 52 10.2.4.6 THE PRESIDENT’S REVIEW OF VCAT ................................................................................. 55


10.2.4.7 ADOPTION OF REGIONAL WASTE MANAGEMENT PLAN ................................................... 59

10.3 SPECIAL COMMITTEE REPORTS ........................................................................................ 61

10.3.1.1 WANGARATTA SHOWGROUNDS SPECIAL COMMITTEE ................................................... 61

10.4 ADVISORY COMMITTEE REPORTS ..................................................................................... 63

10.4.1.1 AUDIT ADVISORY COMMITTEE ............................................................................................ 63 10.4.1.2 LIVESTOCK EXCHANGE ADVISORY COMMITTEE .............................................................. 64 10.4.1.3 EDUCATION ADVISORY COMMITTEE .................................................................................. 65 10.4.1.4 WANGARATTA CITY JUBILEE ADVISORY COMMITTEE ...................................................... 67 10.4.1.5 WANGARATTA UNLIMITED ADVISORY BOARD (COMMITTEE) REPORT ........................... 68

11. NOTICE OF MOTION.............................................................................................................. 69

12. URGENT BUSINESS .............................................................................................................. 69

13. AUTHORISATION OF SIGNING AND SEALING OF DOCUMENTS ........................................ 69

14. PUBLIC QUESTION TIME ...................................................................................................... 69

15. CONFIDENTIAL BUSINESS................................................................................................... 69

16. CLOSURE OF MEETING ........................................................................................................ 69


1. OPENING PRAYER

2. PRESENT

3. ABSENT

4. ACCEPTANCE OF APOLOGIES & GRANTING OF LEAVE OF ABSENCE

ORDER OF BUSINESS

5. CITIZENSHIP CEREMONY The Australian Citizenship ceremony (when applicable).

6. CONFIRMATION OF MINUTES Recommendation That the Minutes of the Ordinary Meeting of 21 April 2009 be taken as read and confirmed as a true and accurate record of the proceedings of the meeting.

7. CONFLICT OF INTEREST DISCLOSURE

8. RECEPTION OF PETITIONS

8.1.1.1 RECEPTION OF PETITION – BUSHFIRE RECOVERY GRANT FOR AFFECTED LANDOWNERS

Bushfire Recovery 77.020.007 Background A petition/joint letter containing some 10 signatures from Murmungee residents affected by the bushfires has been received regarding a possible bushfire recovery grant. A copy of the petition/joint letter has been provided to Councillors under separate cover.


Issues In accordance with Local Law No. 2 of 1999 – Meeting Procedures, a petition presented to the Council must lay on the table until the next Ordinary Meeting of the Council and no motion, other than to receive the petition, may be accepted by the Chairperson, unless Council agrees to deal with it earlier. Recommendation: That the petition be received and that a report on the matter be presented to the 16 June 2009 meeting of the Council.

9. HEARING OF DEPUTATIONS


10. PRESENTATION OF REPORTS

10.1 COUNCILLOR’S REPORTS

10.1.1.1 LOCAL GOVERNMENT MINISTERIAL FORUM HELD ON WEDNESDAY 29 APRIL/30 APRIL 2009 (CR R WEBB)

Invitations - Mayoral 10.010.002 Attended by Mayor, Cr Ron Webb and Chief Executive Officer, Doug Sharp.

• 71 of the 79 Local Government Councils were represented and the forum was opened by Minister Richard Wynne.

• Keynote speakers on local government issues included, Ministers Maxine

Morand, Justin Madden, James Merlino, Brownyn Pike and Peter Batchelor.

• Ms Christine Nixon gave an address on the Bushfire Recovery

Reconstruction Program and highlighted issues for Local Government in the future.

• The issue of “Conflict of Interest” for Councillors was a topic of

conversation between all Councillors, Chief Executive Officers and Ministers throughout the forum.

Recommendation: That the report be noted.

10.1.1.2 SPORT AND RECREATION REPORT (CR D MCPHIE)

Sport and Recreation Advisory Committee 61.010.003 Background Sport and Recreation covers a number of area’s within the Rural City of Wangaratta but also outside in conjunction with our fellow shires of Indigo and Alpine. The current situation in regard to Sport and Recreation within the Rural City is that the committee has met informally once and although there was good representation from the current members, there is still a need for two more members. The positions have been advertised but at this stage have not been filled. Some feelers have been put out to attract appropriate people that will enhance the committee both in knowledge and drive. The Murray to the Mountains Rail Trail (MMRT) has gone ahead in leaps and bounds thanks to the work of the committee and council officers support from all


three councils. A few weeks ago the committee had a tour of the possible route of the Rutherglen to Wangaratta Rail Trail with an inspection of the works recently begun by the Indigo Shire along the Murray and to utilise the rail where it can. Again the assistance of Council officers is in need a driving force. You would be aware of the State Government Funding announcement last week of $400,000 for the Wangaratta to Everton Rail Trail has been announced. This money will construct the first section of Stage III of MMRT (Wangaratta to Oxley) and complete loop signage from Oxley through Milawa to Everton - hence the name Wangaratta to Everton Rail Trail. I would think we are either close to or the leaders in regional Victoria regarding the facilities provided to cyclists both local and tourists. Greyhound Racing is still in the news or the lack of it and it is pleasing to see our local member Ken Jasper continue in his support for the local industry and the council by introducing a motion in to parliament regarding this issue. In closing, the Rural City Connections page advised sporting and recreation clubs within the Rural City of the need to submit applications for funding to the committee for consideration. Council has kits in regard to this issue and should be issuing these to prospective applicants to ensure they meet the criteria required. Recommendation: That the report be noted.


10.2 OFFICER’S REPORTS

10.2.1 EXECUTIVE SERVICES

10.2.1.1 TOURISM SPECIAL EVENTS FUNDING PROGRAM Local Tourism Association Grants Program 25.050.003 Background The Stitched Up Textile Festival has been running since 1999 and brings together textile arts enthusiasts over two weeks (this year from July 4 – 19). The Festival program presents a range of workshops, competitions and exhibitions based around the textile arts. The main venue is at the Wangaratta Aerodrome with supporting venues located at the Wangaratta exhibitions gallery and the Wangaratta High School Hall. The Stitched Up Textile Festival recently completed their world record attempt at the ‘World’s Longest Scarf’ whereby knitters from around Australia produced over 32 kms of scarf. (World record was 53 kms). This attempt generated considerable media exposure for the Festival and Wangaratta with a knit-in held at the ABC state studios in Melbourne. Summary of Application Organisation: Stitched Up Textile Festival Inc

Name of Project: 2009 Stitched Up Textile Festival

Funds Requested from RCoW:

The Stitched Up Textile Festival has made an application to Council under its Tourism Special Events Funding Program for $5,000.

Intended Use of Funds: The intended use of funding is for promotion of the event nationally and internationally, to encourage attendance at the event showcasing the skills and achievements of local textile artists and to encourage workshop participation.

Benefit to RCoW: The event benefits the RCoW by building the tourism product of the municipality and encouraging increased visitation.

Funds to be contributed by local association:

$3,500 cash from the Festival organising committee $17850 in kind in volunteer labour (@ $15 per hour)

Other Comments: The Tourism Advisory Board supports an allocation of $2,500 for one more year only given the long history of funding this event. The Board has suggested that the Festival needs to be reviewed and its strategic direction refreshed.

Issues Council has supported the Stitched Up Textile Festival financially since 2003 with over $31,000 in funding. In 2005 Council also facilitated a review of the Festival to assist with the event’s strategic direction. Since then the event has completed


its ‘World’s longest scarf’ attempt and relocated its main venue to the Wangaratta Aerodrome site. Consultation The Tourism Advisory Board has received and duly considered an application for funding under the Tourism Special Events Funding program from the Stitched Up Textile Festival for $5,000 for their 2009 event. The Board recommends that Council approve funding of $2,500 one year only given the extent of previous funding. Implications The application by the Stitched Up Textile Festival relates to the Council Plan Objective for economic development and tourism which aims to improve employment opportunities and increase investment in the RCoW. The budget implication of these activities is $2,500. This can be accommodated within Council’s 08/09 Special Events Budget provision. Recommendation: That Council support an amount of $2,500 funding under the Tourism Special Events Program to the Stitched Up Textile Festival for the promotion and development of the 2009 event with a full acquittal and review to be presented upon conclusion. Communication The applicants will be advised of Council’s decision and that the allocation is for one year only.


10.2.1.2 COUNCIL PLAN – PROGRESS REPORT Council Plan 20.030.001 Background A report is provided on Council’s performance against the Council Plan for the period 1 January 2009 to 31 March 2009. Issues Highlights:

1. Key involvement in Regional Cities project to position regional centres as alternatives to the continual growth of Melbourne.

2. Delivery of a highly successful Summer in the Parks community events program including New Year’s Eve celebrations, the rural and urban moonlight movie program, the Outdoor Ball in King George V Gardens, ‘Groovin in the Vines’ and Australia Day celebrations.

3. The Rural Towns Development Program has been incorporated into the Community Planning Program. Community Plans are being developed for 10 townships in a 4 stage process. Three towns have now reached Stage 3.

4. The Regional Equestrian Centre Feasibility Study has been undertaken. A draft report is provided for Council this month.

5. The Rural City of Wangaratta is hosting the Municipal Association of Victoria’s induction program for newly elected and re-elected councillors - Councillor Fundamentals. The program comprises four full-day workshops in regional locations targeting one of the core skills needed to perform the duties of a councillor. Wangaratta Rural City Councillors have to date participated in the governance, finance and planning workshops.

6. Overall positive CMP audit results, in particular reference to risk management on Council's road related infrastructure.

7. Global economic downturn response strategy adopted. 8. The Regional and Local Community Infrastructure Program funding was

approved by the Federal government without change to the 12 projects for a grant of $620,000. Many projects have commenced planning and design.

Challenges:

1. The review of preschools is to be delayed until the Children's Services management structure has been finalised.

2. Supporting fire affected Alpine and Murrindindi Shire Council’s and their communities by providing the services of Local Laws Enforcement Officers, Tree Crews and Building Surveyors over several weeks whilst still maintaining a regular works program.

3. Maintaining operation of all physical services during multiple days of 40+ degrees Celsius

4. Windstorm events, with hundreds of limbs removed from Council's roads throughout this period, including Council's after hours service

5. Ongoing drought conditions making maintenance of Council's gravel road network very difficult.


6. Markwood Transfer Station closed in February following the discovery on site of building materials containing asbestos that had been dumped in concealed loads. The Transfer station remained closed for public protection while a qualified asbestos remover cleaned the site. Alternate arrangements were made for customers and the station reopened on 2 March 2009.

7. Landfill rehabilitation projects delayed by design issues. 8. Funding for Stage 2 of the Children’s Services Centre is yet to be

achieved. A submission has been made to the Federal Government. Community Engagement Preparation of this report has involved consultation with relevant officers. Implications Council Plan Outcomes Maintain a clear and effective short, medium and long term planning framework. Community Outcomes The community will be informed on Council’s progress in meeting the objectives of the Council Plan. Organisational Impact Council, Management and Staff have access to timely, accurate and enterprise wide information. Quarterly Report to Council for 1 January 2009 to 31 March 2009 attached (refer attachment). Recommendation: That Council receive the Council Plan Progress Report for the Reporting Period 1 January 2009 to 31 March 2009.


10.2.1.3 LOCAL GOVERNMENT TRENDS Municipal Statistics 020.070.001 Introduction Figures recently released indicate that the Rural City of Wangaratta’s population growth is 1.6% per annum, the second highest of the twelve Councils that make up the Hume Region. Together with other recent reports, it paints a very positive picture of the Rural City. Background Latest figures released by the Australian Bureau of Statistics (ABS) show that the Rural City of Wangaratta’s population increased from 27,679 to 28,117, a rise of 1.6% over the past twelve months. This continues an increasing trend and verifies Council’s own research based on dwelling approvals. It also supports the growth target underpinning the 2030 Community Vision. The ABS figures also reveal that the Rural City of Wangaratta’s population growth rate is higher than the average for Regional Cities Victoria (RCV) and higher than all bar one of the twelve Council’s in the Hume Region, the exception being Mansfield. These results are tabulated and graphed in the attachment to this report (refer attachment). Analysis The release of the latest ABS population figures continues a positive trend for the Rural City of Wangaratta. A wellbeing index, conducted by Deakin University, identifies the Rural City of Wangaratta as being the most liveable municipality in North East Victoria. It also reveals the Rural City to be among the highest rated municipalities for liveability in the nation. The wellbeing index rates the Rural City of Wangaratta as follows:

• Overall Satisfaction Rating 78.57% • Health 75% • Connectedness 79.36% • Future Security 75.11% • Living Standards 79% • Safety 85.96% • Relationships 84.68%

The 2008 Community Satisfaction Survey for Local Government conducted independently for Local Government Victoria again revealed a very satisfactory trend for the Rural City of Wangaratta.


These show the Rural City to be above the average for the Hume Region of Councils and Regional Cities Victoria in key categories as summarised below: RCoW RCV Hume Overall Performance 67 64 64 Engagement in Decision Making 61 60 60 Advocacy 66 65 62 Finally, the Victorian Auditor-General’s most recent report on Local Government Finances (2008) gives Wangaratta a “green light” for its financial position. The report examines liquidity, indebtedness, self-financing and investment gap and ranks councils against traffic lights of green (low risk), amber (medium risk) and red (high risk). The Rural City of Wangaratta scores a green light overall with no high risk factors. Conclusion The Rural City of Wangaratta’s claim of providing the ultimate in liveability is well placed. Independent reports indicate it is moving in the right direction with community endorsement and is being supported by strong population growth. Moreover, it has the financial capacity to continue to invest in improving its liveability thus reinforcing this direction and drive. Recommendation: That the report be noted.


10.2.2 BUSINESS SERVICES

10.2.2.1 2008/2009 FINANCIAL REPORTS BUDGET COMPARISON REPORTS The attached reports (refer attachments) show the following columns:

• Revised Budget for 2008/2009 financial year, • Actual balance year to date, • Reforecast Annual Budget – this is the forecast of the likely year-end

outcome, • Revised Budget to Reforecast Annual Budget Variance – this is the difference

between the actual result and predicted year-end outcome. Explanations are provided where the predicted year-end outcome varies from the Revised Budget result by more than $20,000. Summary March February $ $ Revised Budget net Rates Surplus 2008/2009 109,000 109,000 Reforecast net Rates Surplus 2008/2009 273,578 284,467

Increase (decrease) in net rates surplus 164,578 175,467 The reports indicate a $164,578 favourable variance from the revised budget position. Explanations for variances may be found in the body of the attached reports. Information received in relation to a number of capital and operational projects has resulted in those projects being carried over to the 2009/10 financial year. The major operational variance is due to reduced Council works and operations expenditure as a result of assisting neighbouring municipalities with fire recovery efforts and to reduced demand for home and packaged care services. Further information on significant items: 1. Intersection improvement Rowan & Phillipson St

Design and documentation completion was scheduled to be completed during March-April 2009, then proceeding to tender in late April 2009. This has slipped slightly for the following reasons, with the overall project running 10-12 weeks behind the original expectations:- § The design work has been considerably more complex than originally anticipated, with almost 20 layout options considered, and a need for careful consideration and peer review of alternatives (particularly the final design); § Council's sole in-house professional engineer designer has carried concurrent responsibility for the Rowan/Phillipson Street intersection project, the design and tender documentation, tender administration and contract award for the Oxley Flats shoulder widening project and the Glenrowan Moyhu shoulder widening project (both Blackspot projects with strict completion and acquittal requirements) and the design and specification details for the Lake Buffalo -


Carboor Road reconstruction project, layouts for proposed intersection improvements, water supply layout plans for supply to the aerodrome and other minor works. Keeping each project progressing past each "hold point" has been challenging and has required repeated workflow adjustments.

2. Proceeds from Sale of Assets Sale of Lot 2 Kerr St for $300,000 to Burder Industries is pending subdivision approval and road upgrade conditions being met. Sales of 2 lots in Sinclair Drive totalling $244,000 have not eventuated due to lack of current interest. Sale of the former kindergarten in Ely Street Oxley for $80,000 is expected to settle in 2009/10 after an original offer was withdrawn. Gary Nash Real Estate is actively marketing the Sinclair drive allotments and the Oxley properties. 3. RIDF North Wangaratta Infrastructure Works Works to be undertaken by North East Water for extension of potable water supply within the North Wangaratta industrial estate will be completed by late May 2009. Further infrastructure works including natural gas, potable water connection, waste water pump, b-double access and electricity upgrade will be undertaken when abattoir construction commences. Recommendation: That the report be noted.

10.2.2.2 ROAD CLOSURE – SWAN STREET, WANGARATTA Swan Street, Wangaratta 17240 104 Swan Street, Wangaratta 317240.725 Road Closures 83.035.002 Introduction The owners of 104 Swan Street, Wangaratta have written to Council seeking its intentions regarding an unused road between 102 – 104 Swan Street, Wangaratta advising that in the event it is no longer required, they would be interested in acquiring this land Background In 1933 a seven (7) lot subdivision of land abutting Swan & Templeton Street, Wangaratta was carried out. As part of this subdivision a road (shown on the subdivision plan as R1) dissecting properties situated at 102 & 104 Swan, Street was created. A title search shows that his land containing approximately 240 m2 shown as Road R1 on Plan of Subdivision 013689 is contained on Certificate of Title


Volume, 07252 Folio, 227 and stands presumably in the name of the original subdivider. This road has never been constructed and appears not to have been used for access purposes. Over time it has been included, mainly into land forming number 102 Swan Street. Fencing to adjoining properties at the rear of the unused road, being the Wangaratta Private Hospital and 152 Templeton Street, Wangaratta appears to be in accordance with their title boundaries. There are no buildings or other significant encroachments affecting this parcel of land. Property situated at number 104 Swan Street, Wangaratta has recently changed ownership and the new owners have identified the existence of the area of land adjoining their boundary (see plan below).

Issues Section 206 and Schedule 10 of the Local Government Act provides Council with the power to discontinue a road and sell or transfer the land forming the road. If Council agrees to facilitate this process it would be on the basis that there is no cost to Council and that all property owners affected by the road closure are notified and are in agreement with the process required to transfer ownership. Advice previously provided from the Land Titles Office (under similar circumstances) is that a Plan for Transfer Purposes will be required in order to facilitate the transfer of ownership. Responsibility for the costs involved in any survey, preparation and lodgement of plans etc will be borne by the purchaser(s). In order to correct this situation, a road closure in accordance with Section 206 of the Local Government Act 1989 is required. Section 206 and Schedule 10, Clause 3 of the Local Government Act 1989 provides that:

N


A Council may, in addition to any power given to it by sections 43 and 44 of the Planning and Environment Act 1987 -

a) Discontinue a road, or part of a road, by a notice published in the Government Gazette; and

b) Sell the land from that road (if it is not Crown land), transfer the land to the

Crown or itself or retain the land.

Section 207B (1) (b) of the Act provides that land which is a road or part of a road discontinued as a result of the above process vests in Council upon the date of the gazettal. Section 189 of the Local Government Act 1989 provides that before a Council sells land, it must:

• give public notice at least four (4) weeks prior to selling the land; and

• obtain from a registered Valuer, a valuation of the land which is not made more than six (6) months prior to the sale.

The public has the right to make a submission on the proposed sale in accordance with Section 223 of the Local Government Act 1989. Preliminary advice from Council’s Contract Valuers is that the value of this land having regard to the area, may be in the order of $20,000 - $25,000. Community Engagement Consultation between relevant Council officers and the owners of 104 Swan Street, Wangaratta has been conducted. All property owners whose title boundary adjoins this road have been contacted in order to ascertain their views towards closure and interest in any potential sale. Implications Policy Reference Any arrangements for the disposal of this land will be made having regard to Council’s Sale of Council Land Policy Other If Council deems that this unused road be closed then a notice of Road Discontinuance will be published in The Chronicle and the Government Gazette. Confirmation as to the valuation of these parcels of land will be provided by Council’s Valuers. The sale price will be set in accordance with this advice and the purchaser(s) will be responsible for all survey and legal costs involved in transfer of this land.


Procedural plans for transfer purposes will be prepared by Council’s Technical Services (Design) Unit. Recommendation: 1. That Council determine that the road situated between properties at

102 and 104 Swan Street, Wangaratta shown as Road R1 on Plan of Subdivision LP 013698 is not reasonably required as road and that it be discontinued and offered for sale to the adjoining owner(s).

2. That notice of Council’s intention to discontinue and to sell this road

be advertised and public comment be sought on the proposal to sell in accordance with the requirements of Section 223 of the Local Government Act 1989.

3. That Council (or a Committee of Council) receive and consider any

submissions made on the proposed sale of the road.

4. Subject to and contingent upon no submissions being received on the proposed sale, then Council determine to sell by tender, land situated between 102 and 104 Swan Street, Wangaratta shown on LP 013698 as Road R1 and that the Transfers of Land Instrument(s) be signed and sealed by the Council when available.

5. That the Director – Business Services be authorised to undertake the

necessary arrangements for the sale of the land. Communication Consultation and communication with relevant Council officers and Council’s Solicitors will be undertaken. Consultation with other land owners affected by the proposed road closure, their solicitors and surveyors will also be undertaken.


10.2.2.3 NEW LOAN

Loans 51.050.001

Background The 2008/2009 Revised Budget adopted by Council on 27 January 2009 provides for loan funds totalling $933,376 for the completion of the following capital works:

Performing Arts Centre 782,000 Wangaratta Children’s Services Centre 76,376 Wangaratta Government Centre 75,000 933,376

The Wangaratta Government Centre alterations will not progress this financial year leaving a balance of $858,376. Issues

It is proposed that the loan be borrowed on the following basis:

Amount: $858,376 Term: Ten (10) years Interest Rate: 6.85% (indicative)

Loan repayments have been accommodated in Council’s long term financial plan. Department of Planning & Community Development’s approval of the borrowing has been received. The Performing Arts Centre loan is part of the original financing arrangement, with the loan being taken up in stages as required. Implications Various administrative arrangements are required to be undertaken to ensure that the loan is taken up on a competitive basis. Council Finance staff will administer the tender process. Financial Impact Provision has been made for the repayment of the loan in Council’s budget. As a result of undertaking this loan, Council’s borrowings will be $10,236,442 at 30 June 2009. Council’s indebtedness ratio for the 2009 financial year will be 38.4% which is within the low risk category of the Auditor General’s financial viability indicators. Recommendation: That the necessary procedures be undertaken to take up the loan for $858,376. Communication Tender will be advertised in local and metropolitan newspapers.


10.2.2.4 COUNCILLOR ALLOWANCES AND REIMBURSEMENT OF EXPENSES

Councillor Issues & Information 10.010.005. Background Councillor Allowances The Local Government Act 1989 sets out the authority and the arrangements for Councillor and Mayoral allowances. The Act enables the Minister for Local Government to set limits and ranges of Councillors and Mayoral Allowances. The Council must review and determine the level of Councillor and Mayoral allowance within the period of seven months after a general election. In an Order in Council published in the Government Gazette of 27 November 2008, three (3) categories of Councils were determined and Councillor annual allowances and limits and Mayoral allowance limits were determined for each category of Council. The Council categories were determined by considering number of residents and recurrent revenue. The Rural City of Wangaratta is a Category 2 Council. For a Category 2 Council the Councillor allowances are to be in the range of $8,400 to $20,200 and the mayoral allowance to be up to $62,500. The Order also specified that Councils that are not receiving the Superannuation Guarantee Contribution (SGC), as is the case with the Rural City of Wangaratta, should incorporate into all of the range limits, levels and amounts of allowances the addition of the equivalent to the SGC, currently 9%. Finally, the Order also specified that the levels of annual allowances payable to Councillors and Mayors, applicable from 1 December 2008, would be the amounts determined as a result of Council’s last review (conducted in 2006), subject to the addition of 34.38% Council at its 15 December 2008 meeting having regard to the Order in Council considered a report detailing the calculation of allowances to apply. Calculations of allowances payable to Councillors by the Rural City of Wangaratta were determined to be: Mayoral allowance $58,590 Councillor allowance $21,971 These amounts applied to Councillors from the taking of the oath of office and apply until Council completes a review of allowance as required above. The limits and range of allowances applicable to the Rural City of Wangaratta are:

Mayoral allowance $68,125.00 Councillors allowance $9,156.00 - $22,018.00


Reimbursement of Expenses of Councillors Section 75 of the Act (as amended) provides that Council must reimburse a Councillor for expenses reasonably incurred in achieving its objectives and in accordance with relevant Acts, regulations and ministerial guidelines or Council policies. Section 75B of the Act requires that Council adopts and maintains a policy detailing the prescribed types of “out of pocket” expenses to be reimbursed and the procedures applicable to Councillors in relation to claiming reimbursement of such expenses. Determination of reimbursements to Councillors as set out in the Government’s policy statement includes as a minimum:

• travel including reimbursement of public transport costs; • telephone – reimbursement of relevant call costs; • internet costs; • child/family care costs.

The policy as adopted by Council must be made available for inspection by the public. Issues Council is required to provide a minimum toolkit of support to the Mayor and Councillors consisting of:

• Administrative support for the Mayor • Office for Mayor • Vehicle for Mayor • Computer – desktop or laptop • Mobile phone and landline • Stationery • Access to fax/copier • Website development as part of Council website

Section 74 (1) of the Act requires a Council to review and determine the level of the Councillor allowance and the Mayoral allowance within the period of 7 months after a general election. Section 74 (1A) permits Council to review and determine the levels of Councillors and Mayoral allowances after an Order in Council is made. Section 74 (4) of the Act provides that the public has the right to make a submission in respect of a review of allowances accordance with Section 223 of the Local Government Act 1989. Section 75B of the Act requires council to adopt and maintain a policy in relation to the reimbursement of expenses for Councillors and members of council committees.


A draft policy has been prepared and is attached for Councillors consideration (refer attachment). Community Engagement Notice of Council’s review and determination in relation to Councillor Allowances will be advertised for public comment in accordance with the requirements of Section 223 of the Local Government Act 1989. Implications Council must now determine the appropriate Councillor and Mayoral allowance to apply for the next four year period. Recommendation: 1. That in accordance with the provisions of Section 74 of the Local

Government Act the Council determines the Mayoral and Councillors allowances applicable for the period 2008 – 2012;

2. That notice of Council’s review and determination of Councillor

allowances be advertised and public comment be sought in accordance with the requirements of Section 223 of the Local Government Act 1989;

3. That submissions on Council’s review and determination of Councillors

allowances;

a) be received by Friday 15 June 2009; and b) be considered at a meeting of a committee of the Council to be

held at the Wangaratta Government Centre, corner of Ford and Ovens Streets, Wangaratta on Tuesday 23 June 2009 at 5:30 pm.

4. That consideration of the Draft Councillor Reimbursement of Expenses

Policy be given and that the policy be adopted subject to any appropriate amendment(s).

Communication Public notification, inviting the community to make submissions in relation to Council’s review and determination of Councillors allowances will be placed on Council’s website and given in the local media.


10.2.3 HUMAN & CULTURAL SERVICES

10.2.3.1 RURAL CITY OF WANGARATTA 2008/2009 and 2009/2010 COMMUNITY RAFFLE

Community Raffle 60.010.007 Background A report was provided to Council in April 2008 advising that the Rural City of Wangaratta’s 2007/2008 Community Raffle was unable to proceed due to changes in the Gaming legislation and the unavailability of a suitable alternative auspice to hold the raffle in the 2007/2008 financial year. At this time a process was endorsed to allocate the 2007/2008 funding for the Community Raffle to those groups involved in the raffle in previous years instead of the funds not being used for community benefit at all. This process was successful and appreciated by the groups, however it did not achieve the same outcomes as the Community Raffle had intended. Issues Work has continued to identify a suitable auspice for the Community Raffle. The alternative group has to be determined by the Australian Taxation Office and the Gambling Commission as being a not for profit community group with Deductable Gift Recipient status. Initial discussions was undertaken and then a formal approach made to the Appin Park Rotary Club to conduct the Community Raffle. After due consideration the Rotary Club advised that they were unable to take on this role due to other commitments. The Wangaratta Community Foundation would be a suitable organisation for the purpose of conducting the Community Raffle however this entity is not at a stage of being able to conduct this in the 2008/2009 year. After significant consideration an approach was made to the YMCA Victoria. This was in consideration of the status and philosophy of this organisation. YMCA Victoria has responded positively and has tentatively agreed to conducting the Community Raffle for Council for the 2008/2009 and 2009/2010 years pending Council’s agreement. Community Engagement Many of the community groups involved in Council's Community Raffle in the past have voiced their concern that the raffle has not been undertaken. Advice has previously been sent to groups to advise them that the situation is due to Gaming Legislation.


Implications Council Plan Outcomes Improve opportunities for all residents to participate in a range of community activities. Financial Impact The financial arrangements for YMCA Victoria to provide the Community Raffle are able to be maintained within the allocated budget and will continue at a similar rate of expenditure for the administration of the raffle as previous years.

Community Impact The Community Raffle is highly valued by the community as well as providing essential funds for many community groups. Recommendation: That Council approve YMCA Victoria to conduct the Community Raffle for the Rural City of Wangaratta for the 2008/2009 and 2009/2010 financial years.

Communication YMCA Victoria will be advised of Council’s decision and a suitable agreement will be developed and implemented to enable the 2008/2009 and 2009/2010 Community Raffle to proceed.

10.2.3.2 REGIONAL EQUESTRIAN CENTRE FEASIBILITY STUDY Regional Equestrian Site Feasibility 61.040.008 Background In 1999 an application for funding was made by the Rural City of Wangaratta to the Victorian State Government to carry out a feasibility study into an appropriate site for the development of a regional equestrian centre. This funding application was unsuccessful. During the following years, work was undertaken with a local consultant to re-commence discussions around the concept and determine the broad interest for a regional equestrian facility. This work led into the development of an Agricultural Centre of Excellence Feasibility Study which investigated the possibility of a centre catering for equestrian and broader agricultural and community needs. Council did not proceed with the development of an Agricultural Centre of Excellence due to insufficient economic viability. However, Council did recognise


the need to re-visit the original proposal with equestrian associations and clubs in relation to the establishment of a regional equestrian facility. The Regional Equestrian Centre Feasibility Study report (refer attached), provides findings on the suitability of a number of existing equestrian sites and the change of direction many stakeholders have now taken to develop facilities particular to their needs. This report has been developed by Council’s Recreation Planner with support from an independent planning consultant and in consultation with relevant community, industry and other relevant stakeholders. Issues The idea of developing equestrian facilities catering for local and regional need was raised approximately ten years ago by local community members. At that time a significant amount of support for the concept was provided from equestrian groups ranging from Clubs through to veterinary, education and professional bodies. A regional project to develop facilities has not progressed to date despite a significant amount of support. In developing this report, it has been noted that support for the expansion of facilities for equestrian activities continues to build rather than waiver. Local need is high and the increasing demand for good facilities can only continue to support the current increase in participation being experienced within equestrian activities. A regional centre in the Rural City of Wangaratta would possibly compete for some events with other regional providers such as Albury and Elmore (for example the Pony Club Championships that rotate each year between venues). Since completion of the feasibility study, the Wangaratta Turf Club has undertaken a strategic planning process to establish key directions for the next 5 years. One of the key directions is to look at possible multi use of some facilities and linking with other facilities/organisations in the immediate South Wangaratta area (including potential to develop a bridle path linking existing and planned facilities between the racecourse, GOTAFE and Saleyards Precinct). Racing Victoria has also undertaken a strategic planning process under which the Wangaratta Turf Club facility has been identified as the preferred site within the region for development as a regional training facility. Should this be adopted there will be significant opportunities to capitalise in the establishment of an Equestrian Precinct in South Wangaratta. Community Engagement The process undertaken to complete this study included extensive consultation with relevant stakeholder groups.


Implications There is a need for improved equestrian facilities within the Rural City of Wangaratta. Demand has been strong for the past ten years, however, with developments being undertaken by a number of individual stakeholders the need for the development of a regional centre has diminished. Clubs prefer to attend to their own needs and prefer to do so on separate sites.

Council Plan Outcomes Improve access to both local and regional sport and recreation opportunities to improve health and well being.

Community Outcomes Although there is not currently an identified need for a regional equestrian centre this may change in the future and may need reviewing in 5 to 10 years time. Individual Club’s needs are being met utilising the facilities currently available. Financial Impact Equestrian Clubs will apply for funding from time to time as do other sporting Clubs.

Other The outcome of this report is to not pursue the development of a regional equestrian centre at this point in time, but allow each of the respective equestrian groups to continue to develop their facilities and utilise partnerships and shared use of facilities as opportunities arise. Recommendation: That Council receive the Draft Equestrian Regional Facility Report and invite public comment for a period of four weeks. Communication All stakeholders involved in the development of this report will be provided with a copy of the draft report and their comments sought. A notice will be placed in the local paper and on Council’s website to advise people of the report being available for comment.


10.2.3.3 WANGARATTA ART SHOW Wangaratta Art Show 60.010.007 Background The Wangaratta Art Show has been a major event run by the Wangaratta Y’s Men’s Club for almost thirty (30) years. Advice is that the Wangaratta Art Show was initiated by an interest from the Council of that time to provide direct benefit to the community from rate revenue. The funds provided by Council were used as the first prize, and as a good will gesture the Art Show presented the first prize winning painting to Council to add to the Council collection. In recent times funding for the event has been provided through the Community Grants Triennial Grants process, as is the process for other such events. In 2007 the Art Show’s triennial grant expired. In 2008 a Community Grants application was submitted by the Wangaratta Y’s Men Club for the Wangaratta Art Show, however the application was assessed as ineligible on the grounds that the project had been funded before and in accordance with the Community Grants guidelines the same project cannot receive funding a second time. At Council’s request during 2008 Council Officers met with representatives of the Y’s Men’s Club several times to determine another means of support including the provision of an exhibition space, assistance with developing partnerships with local business and applications to philanthropic trusts. The Appin Park Rotary Club provided assistance with the 2008 Art Show. This partnership is proving to be successful and a continued relationship has developed. A representative of the Y’s Men’s Club has advised that a suitable future venue and sufficient support from the Rotary Club has been secured to enable the Art Show to continue. Issues In recent years a review of Council’s grant funding programs has been undertaken. It has been determined in this review that it is desirable for these grants to be used as ‘seeding funds’ to assist groups within the Rural City of Wangaratta to either undertake one off projects or be given an opportunity to initiate a project with the intention of being self sustainable ongoing. Funding as traditionally sought by the Y’s Men’s Club to meet the provision of annual prizes does not satisfy these guidelines. However, there may be other ways in which the Art Show can be positioned that achieves this. Community Engagement Several meetings have occurred with representatives of the Y’s Mens Club and the Rotary Club.


Implications

Council Plan Outcomes Improve opportunities for all resident to participate in a range of community activities. Policy Reference Community Grant Program guidelines. Community Outcomes The community benefits from the delivery of a range of activities. Recommendation: That the Y's Mens Club be invited to submit an application under Council's Community Grants Program that meets the established guidelines and is not a previously funded project or item. Communication The Y’s Men’s Club and the Appin Park Rotary Club will be advised of Council’s decision.


10.2.3.4 MANAGEMENT AND OPERATIONS OF POOLS CONTRACT C0304/030

Management & Operation of Wangaratta Indoor Sports & Aquatic Centre – Olympic and Yarrunga 30.044.030 Background The Management and Operations of Pools (Wangaratta Indoor Sports & Aquatic Centre, Yarrunga and Olympic) contract was awarded to YMCA Victoria in 2004 for a period of 5 years. This contract expires on 30 June 2009. An expression of interest process (EOI) was undertaken in February 2009 which received submissions from two organisations. The process also requires a tender to be undertaken to determine the preferred provider. Consequently a selected tender process is being undertaken. Issues Due to the complexity of the contract there has been a delay in completing the documentation for this tender. The time schedule for the tender must provide sufficient response time for the applicants and for the evaluation of the tenderer’s submissions. The tender process will not be completed prior to the conclusion of the current contract. To ensure continuity of service for the provision of WISAC an extension of the existing contract is required. The outdoor pools are closed and therefore there is no impact. Implications Council Plan Outcomes Provide high quality passive and active recreational opportunities, together with significant sporting events. Policy Reference There are set requirements that Council must adhere to under the Local Government Act and National Competition Policy including undertaking a process that is fair, reasonable, open and transparent. Community Outcomes The provision of WISAC and the outdoor swimming pools is an important aspect of recreation for the community. It is important to ensure that the provider of this service is appropriately scrutinised and ensure service continuity.


Financial Impact Negotiations will need to be undertaken with YMCA Victoria to determine the costs for the Management and Operations of the Pools for a further two months. Recommendation: That Council approve an extension of the Management and Operations of Pools contract C0304/030 from 30 June 2009 to 31 August 2009. Communication YMCA Victoria will be advised of Council’s decision.


10.2.4 INFRASTRUCTURE & PLANNING

10.2.4.1 SUBDIVISION, PLANNING & BUILDING REPORTS Planning Matters 73.010.001 Following is the monthly Development Services report, comprising a summary of all subdivision, planning permit and building permit activity for the period between 1 to 30 April 2009. It is noted that the Planning and Building Registers are publicly available and can be viewed at the municipal offices. Both registers contain a full list of all planning permit and building permit applications being considered at any time. It is also noted that planning permit applications which, in the opinion of the responsible authority, may cause detriment to any person, are publicly advertised each Friday in The Chronicle on Council’s Rural Connections page. All planning permit applications are public files which may be viewed by any affected person. There are a number of factors which impact on the relationship between applications lodged over the period and permit applications determined during the same period. The factors include: • requirements for further information about the development from the

applicants (which often takes some time to be submitted); • referrals to other authorities often resulting in the authority requiring further

information; • applicants seeking consideration of their applications to be put on hold; • time/appointment requirements where conciliation meetings are to be

organised; • applications for amendments to existing permits requiring organising further

consultation with referral authorities and/or third parties who may be affected. SUBDIVISIONS

Measure April 2009 Year to Date Plans of Subdivision lodged 9 24 Plans of Subdivision certified 2 12 Statements of Compliance issued 7 23

PLANNING PERMIT APPLICATIONS Data includes amendments and extensions as well as full permits.

Measure Applications in progress 1 April 2009 56 Planning permit applications lodged 38 Planning permit applications determined:

Includes Permits granted, Notices of Decision granted, Refusals and Lapsed permits 30

Applications in progress 30 April 2009 64


Status Summary

Status March 2009

April 2009

Further Information 10 5 Further Information Received 3 4 On Hold 4 4 Preliminary Assessment 9 17 Referred 4 9 Referred & Advertised 7 5 To Conciliation 1 4 To Determine 10 13 VCAT 2 3 Total Permits in Progress 56 64

Building Permits issued by Private and Municipal Building Surveyor

April 2008 April 2009 July 2007 to April 2008

Year to Date (from July 2008)

Residential No. Issued 6 10 105 75 $ Value 1,744,506 2,579,805 25,393,478 18,970,010 *3 Shops No. Issued 0 1 2 4 $ Value 0 528,734 *1 120,000 998,338 Commercial No. Issued 4 6 49 27 $ Value 45,520 258,300 7,857,265 3,821,918 *4 Industrial No. Issued 0 0 10 5 $ Value 0 0 3,591,067 1,674,975 *5 Community No. Issued 1 4 19 28 $ Value 5,000 1,556,982 *2 7,829,746 23,306,309 *6 Alt. & Additions No. Issued 17 34 298 270 $ Value 478,316 426924 7,557,794 6,966,917 Monthly Total No. Issued 28 55 483 409 Monthly Value $ Value 2,273,342 5,350,745 52,349,350 55,738,447

*1 Includes $528,734 for Café & Residence Refurbishment at 45 Murphy Street,

Wangaratta *2 Includes $1,244,982 for Refurbishment Works for Oncology Unit & Change of Use of

Dicker Wing at North East Health – 35-47 Green Street, Wangaratta *3 Includes $1,015,573 for Stage 19A – St Johns Retirement Village

Includes $999,755 for Stage 19B - St Johns Retirement Village

*4 Includes $3,865,593 for Extension to Motel – Stage 2 (Gateway Motel)

*5 Includes Warehouse & Office Stage 2 – Completion (Merriwa Industries) Includes $440,000 for Manufacturing Shed – Alpine Truss *6 Includes $1,050,119 for Extension to Performing Arts Centre at Wangaratta High

School Includes $739,000 for Stage 2 – Student Accommodation for University of Melbourne (39-41 Worland Road, Wangaratta)

Recommendation:

That the report be noted.


10.2.4.2 PLANNING PERMIT APPLICATION 08-259 – USE AND DEVELOPMENT OF A DOG BREEDING FACILITY AND DWELLING – 1 GLENROWAN ROAD, WANGARATTA

Planning Permit Application 08-259 Introduction This report deals with a permit application for the use of land as a dog breeding facility and the construction of a dwelling at 1 Glenrowan Road, Wangaratta. A recommendation is made to refuse the application. Background Applicant: Phillip Clark Owner: Phillip Clark Subject Land: 1 Glenrowan Road, Wangaratta Zone: Farming Zone Overlay: Rural Floodway

Subject land


Subject land

The subject land is irregular in shape and comprises 8567m² in area. It is located on the eastern side of Glenrowan Road on the outskirts Wangaratta. The subject land is located within the Farming Zone and is covered by the Rural Floodway Overlay. The applicant is seeking to gain permission to use and develop the land for the purposes of a dog breeding facility and to construct a dwelling.

Issues The application was put to public notice and no objections from the public were received. However, North East Catchment Management Authority which is a statutory referral authority did object. Whilst the Planning and Environment Act 1987 allows a Council to delegate the responsibility of issuing a decision to officers of that Council, the instrument of delegation made by this Council does not allow applications with objections or those recommended for refusal to be decided by Council officers. In accordance with the policy of this Council, any application that attracts objections or is recommended for refusal shall be referred to a full Council meeting for a decision.

Planning Considerations

The subject land is located in the Farming Zone. Under the Farming Zone, a planning permit is required for the proposed use and development. The purpose of the Farming Zone is:


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

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

affect the use of land for agriculture. • To encourage use and development of land based on comprehensive and

sustainable land management practices and infrastructure provision. • To protect and enhance natural resources and the biodiversity of the area”.

The subject land is contained within the Rural Floodway Overlay. Under the Rural Floodway Overlay, a planning permit is also required for the proposed development. The purpose of the Rural Floodway Overlay is:


• To identify waterways, major floodpaths, drainage depressions and high hazard areas which have the greatest risk and frequency of being affected by flooding.

• To ensure that any development maintains the free passage and temporary storage of floodwater, minimises flood damage and is compatible with flood hazard, local drainage conditions and the minimisation of soil erosion, sedimentation and silting.

• To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989 if a declaration has been made.

• To protect water quality and waterways as natural resources in accordance with the provisions of relevant State Environment Protection Policies, and particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria)”.

State Planning Policy Framework Clause 15.01 – Protection of catchments, waterways and groundwater “Objective To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Water quality protection Planning and responsible authorities should ensure that land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and ground water resources, rivers, streams, wetlands, estuaries and marine environments. Incompatible land use activities should be discouraged in areas subject to flooding, severe soil degradation, groundwater salinity or geotechnical hazards


where the land cannot be sustainably managed to ensure minimum impact on downstream water quality or flow volumes. Planning and responsible authorities should ensure land use and development proposals minimise nutrient contributions to waterways and water bodies and the potential for the development of algal blooms, consistent with the State environment protection policy (Waters of Victoria), the Victorian Nutrient Management Strategy (Government of Victoria 1995) and the Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO 1999)”. Clause 15.02 – Floodplain management

“Objective To assist the protection of: • Life, property and community infrastructure from flood hazard. • The natural flood carrying capacity of rivers, streams and floodways. • The flood storage function of floodplains and waterways. • Floodplain areas of environmental significance.

General implementation

Planning controls for areas subject to flooding should be consistent throughout the State. Flood risk must be considered in the preparation of planning schemes and land use planning decisions to avoid intensifying the impacts of flooding through inappropriately located uses and developments”. This clause again emphasizes the third paragraph under “Water Quality Protection” above.

Local Planning Policy Framework Clause 22.06-1 – Effluent disposal and water quality “Policy Basis Development that cannot be serviced by reticulated sewerage should be located and designed to account for the site’s unique environmental attributes and any nearby environmental features, such as creeks, rivers, lakes, springs, wetlands, bores and dams, particularly features providing water for stock, human or food production purposes. Objectives

• Ensure water quality and human and animal health is not affected by development.

• Ensure that effluent disposal systems are suitable to the soil type and topography of the site, and are appropriately located away from environmentally sensitive features.

Policy It is policy to:


• Recognise the ‘precautionary principle’ when assessing the likelihood of environmental impact.

• Discourage development in areas without reticulated sewerage unless it can be clearly demonstrated that the wastewater environmental impacts of the proposal can be negated.

• Ensure all effluent disposal systems and effluent and irrigation fields are located at least 100 metres from any watercourse. Council may at its discretion agree to a reduction in this setback when topographic constraints would prevent the discharge of wastewater to a watercourse or other sensitive environmental features.

• Encourage EPA approved package treatment plants. • Encourage the reuse of wastewater”. Assessment In assessing this application for a dog breeding facility and a dwelling it has to be tested for compliance against the Farming Zone and Rural Floodway Overlay requirements within the Wangaratta Planning Scheme. In addition, the dog breeding facility must also be assessed for compliance with the Code of Practice for the Operation of Breeding and Rearing Establishments. In the Wangaratta Planning Scheme, dog breeding is grouped under the “Animal Keeping” land use classification, which does not require a planning permit, provided no more than five (5) animals are kept. The permit application is for “five to fifty pups”, and proposed no less than 24 yards across the site. The proposal to construct a dwelling also requires a planning permit because the subject land is under 40ha as well as being subject to the Rural Floodway Overlay.

When determining this application, the Farming Zone sets out a series of decision guidelines that the Responsible Authority must have regard to, as appropriate, when deciding whether or not to grant a planning permit. The decision guidelines of the Farming Zone also set out a series of general, rural and environmental issues, including the mandatory requirement to consider: “The State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) including the Municipal Strategic Statement and any local planning policies.” With regard to the particular issue to use the land for a dwelling the following requirements must be met:

• Access to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles.

• The dwelling must be connected to a reticulated sewerage system or if not available, the waste water must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.

• The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes.


• The dwelling must be connected to a reticulated electricity supply or have an alternative energy source.

With regard to the whole proposal the following requirements must be met:

“Environmental issues • The impact of the proposal on the natural physical features and resources of

the area, in particular on soil and water quality. • The impact of the use or development on the flora and fauna on the site and

its surrounds. • The need to protect and enhance the biodiversity of the area, including the

retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area.

• The location of on-site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation”.

The application was referred to North East Catchment Management Authority, which has objected to the proposal in the following terms: 1. “The proposed development is contrary to the State Planning Policy

Framework, Clause 15.02 – Floodplain Management, which states: “…..the Protection of: • Life, property and community infrastructure from flood hazard. • The natural flood carrying capacity of rivers, streams and floodways. • The flood storage function of floodplains and waterways.

2. The proposed development is likely to contribute to the adverse cumulative long term effect on flood flows, flow velocities, flood storage and the floodplain environment contrary to the requirements of VPP clause 44.03-3.

3. The proposed development is likely to result in danger to life, health and safety of the occupants and livestock due to flooding on the site.

4. The proposed development is not (safely) accessible during major flooding. 5. The proposed development, in particular the required closed and semi closed

fencing is not an appropriate development on floodway land in view of its potential for flood hazard and obstruction to flood flows.

6. The proposed development is likely to obstruct flood flows or reduce natural flood storage.

7. The proposed development is likely to be detrimental to water quality”. 1993 flood photo records supplied by North East Catchment Management Authority, illustrate the property is subject to flooding and loss of access due to flooding. The application was referred to staff within Council’s Environmental Health Unit, who were not satisfied with the information provided and requested more information. A Land Capability Assessment is required for the disposal of effluent and to date, this has not been provided by the applicant. The lack of a Land Capability Assessment for this proposal, showing how human and animal waste will be treated and disposed of, does nothing to allay Council’s concerns about North East Catchment Management Authority’s comments regarding water quality.


Further to the above, it is important to note that when a statutory referral authority objects to an application the following section in the Planning and Environment Act 1987 is applicable: “s.61(2) The responsible authority must decide to refuse to grant the permit

if a relevant referral authority objects to the grant of the permit”. Pursuant to Section 61(2) of the Act, Council must not grant a permit.

Community Engagement Surrounding owners and occupiers were notified in accordance with Section 52 of the Planning and Environment Act 1987. One objection was submitted by the North East Catchment Management Authority. No conciliation meeting was held, because the objector is in fact a statutory referral authority.

The grounds of objection are discussed under the Assessment heading in this report.

Implications Council Plan Objectives The Council plan has a strategy to “apply quality land use planning policy that protects residential amenity and the environment while providing for economic growth.” In this situation, the use and development clearly does not meet the objectives of the State Planning Policy Framework and Municipal Strategic Statement as well as Clause 65 with regard to amenity and orderly planning. As such, the application should be refused.

Recommendation: That Planning Permit Application No. 08-259 for the use and development of a dog breeding facility and dwelling at 1 Glenrowan Road, Wangaratta, be refused on the following grounds:

1. The proposed development is contrary to the State Planning Policy

Framework, Clauses 15.01 & 15.02.

2. The proposed development is likely to be detrimental to water quality.

3. Pursuant to Section 61(2) of the Planning and Environment Act, North East Catchment Management Authority has objected to the granting of a planning permit.

Communication That the applicant be advised of Council’s decision.


10.2.4.3 PLANNING PERMIT APPLICATIONS 08-278 – REPLACEMENT OF A DWELLING ON 366 BURROWES ROAD, CHESHUNT

Planning Permit Applications 08-278 Introduction This report deals with the replacement of a dwelling on land of less than 40 ha, at Cheshunt. A recommendation is made to refuse to grant consent to the application. Background Applicant: Oxley & Company Owner: William John and Merilyn Lee Osbourne Subject Land: 366 Burrowes road Zone: Farming Zone Overlay: Wildfire Management Overlay and Rural Flood Overlay

Subject land The subject land, CA 3A and 3B Section 5 Parish of Wabonga, 366 Burrowes Road Cheshunt is zoned Farming Zone and is also affected by the Wildfire Management Overlay and Rural Flood Overlay. It is an area of 23.49 hectares of located some 6.5km south west of Cheshunt and some 1.5 km to the north east of South Cheshunt. The land is situated some 45km to the south of Wangaratta and within 5km of Powers Lookout. The land is of an irregular shape. It has frontage to Burrowes Road to the east.

Location of the existing building.


The King River traverses the western portion of the land. Electricity is supplied to the land and a water licence allows water to be sourced. Access is via an existing crossover. The land slopes towards the east. A level area close to Burrowes Road contains an existing building. Adjacent and adjoining land uses are predominantly farming. Issues The application was not put to public notice. Whilst the Planning and Environment Act 1987 allows a Council to delegate the responsibility of issuing a decision to officers of that Council, the instrument of delegation made by this Council does not allow applications that are recommended for refusal to be decided by Council officers. In accordance with this, any application that is recommended for refusal shall be referred to a full Council meeting for a decision. Planning Considerations

The subject lot is located in the Farming Zone and is affected by the Wildfire Management Overlay and Rural Flood Overlay. Under this zone and overlays, a Planning Permit is required for the construction of a dwelling on a lot of less than 40 hectares.

The purpose of the Farming Zone is to:


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

affect the use of land for agriculture. • To encourage use and development of land based on comprehensive and

sustainable land management practices and infrastructure provision. • To protect and enhance natural resources and the biodiversity of the area”.

The purpose of the Wildfire Management Overlay is to, amongst a range of matters:


• To identify areas where the intensity of wildfire is significant and likely to pose a threat to life and property.

• To ensure that development which is likely to increase the number of people in the overlay area: § Satisfies the specified fire protection objectives. § Does not significantly increase the threat to life and surrounding property

from wildfire. • To detail the minimum fire protection outcomes that will assist to protect life

and property from the threat of wildfire”.


The purpose of the Rural Flood Overlay is to, amongst a range of matters:


• To identify waterways, major floodpaths, drainage depressions and high hazard areas which have the greatest risk and frequency of being affected by flooding.

• To ensure that any development maintains the free passage and temporary storage of floodwater, minimises flood damage and is compatible with flood hazard, local drainage conditions and the minimisation of soil erosion, sedimentation and silting.

• To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989 if a declaration has been made.

• To protect water quality and waterways as natural resources in accordance with the provisions of relevant State Environment Protection Policies, and particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).”

State Planning Policy Framework Clause 16.03 – Rural living and Rural Residential Development “To identify land suitable for rural living and rural residential development”.

Clause 17.05 – Agriculture “To ensure that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use and to enable protection of productive farmland which is of strategic significance in the local or regional context”.

Municipal Strategic Statement Clause 21.05 – Rural land use and agriculture “The agricultural sector is essential to the economic and social performance of the municipality and the region. It is an imperative that the productivity and versatility of agricultural land is maintained, particularly for higher agricultural versatility areas”. The agricultural versatility of the subject land is considered to be moderate to high. Clause 22.01 - Rural land use and agriculture “Ensure that new dwellings do not undermine the productive agricultural base of the municipality, particularly in ‘very high’ and ‘high’ agricultural versatility areas.

Objectives: • Ensure that dwellings do not adversely impact on the rural and agricultural

activities carried out on the land and the general area. • Avoid potential amenity impacts between rural activities/agricultural

production and dwellings in rural areas, protecting primary producers from complaints based on perceived residential amenity rights.


• Ensure that housing in rural areas support rural activities and production and is not undertaken to meet rural lifestyle objectives that may conflict with the rural use of the land.

• Provide an adequate standard of infrastructure for dwellings”.

Clause 63 – Existing Uses 63.06 Expiration of existing use rights An existing use right expires if either: • The use has stopped for a continuous period of 2 years, or has stopped for

two or more periods which together total 2 years in any period of 3 years. • In the case of a use which is seasonal in nature, the use does not take place

for 2 years in succession.

Assessment When determining applications for dwellings on lots less than 40 hectares, the Farming Zone sets out a series of decision guidelines that the Responsible Authority must have regard to, as appropriate, when deciding whether or not to grant a planning permit. The decision guidelines of the Farming Zone set out a series of general, rural, environmental and design and site issues, including the mandatory requirement to consider: “The State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) including the Municipal Strategic Statement and any local planning policies.” With regard to the particular issue of constructing dwellings on lots less than 40 hectares in size, the LPPF of the current Wangaratta Planning Scheme includes at Clause 22.01-1, the “Housing and sheds in rural areas” policy. The Housing and sheds in rural areas policy states that it is policy to, amongst a range of other matters to:

• “Ensure that any dwelling proposal has a relationship with and is required to directly support the continuing operation of an existing rural use conducted on the land.

• Maintain agricultural production and rural uses on the land.

• Ensure that any dwelling proposal is compatible with and will not have an adverse impact on agricultural and other rural land uses on the land, adjoining land and the general area.

• Ensure that any dwelling proposal meets the principle of ‘right to farm’ in rural areas, where existing agricultural and rural uses in the area have a right to legally continue their operations.

• Minimise any potential amenity impact on adjacent or nearby land and not reduce the potential for agricultural production or other rural activity.

• Site dwellings to minimise any potential amenity impact on adjacent or nearby land and not reduce the potential for agricultural production or other rural activity on this adjoining or nearby land.


• Provide for the ongoing sustainable use of the land, including the protection and enhancement of the natural environment.

• Avoid any adverse effect on existing rural infrastructure and not affect the continuing use of this infrastructure for agricultural production”.

Furthermore, the LPPF of the current Wangaratta Planning Scheme includes at Clause 21.05, the “Rural land use and agriculture” policy. The Rural land use and agriculture policy states, amongst a range of other matters, that:

• Both subdivision and rural housing must provide for and retain the agricultural use of the land. Any subdivision and rural housing proposals in higher agricultural productivity and versatility areas need to be directly linked to an agricultural use, retain productive agricultural use of the land and area, protect the economic potential of the land and area for agriculture, and not be used for rural lifestyle purposes.

The applicant is seeking to replace an existing ‘‘dwelling” with a new dwelling. As the subject land is less than 40 ha, the replacement of the dwelling uses the provision of Clause 63 – Existing Use, to seek a permit. The location of the proposed replacement dwelling is within the Wildfire Management Overlay, however, outside the Rural Flood Overlay. In invoking the Existing Use right, the applicant must provide evidence, to the satisfaction of the Responsible Authority that the use has not expired. The use will be considered to have expired if, “the use has stopped for a continuous period of 2 years, or has stopped for two or more periods which together total 2 years in any period of 3 years.” The “dwelling” is 50 to 60 years old and constructed of reinforced concrete. The applicant has stated that the building contains living quarters and kitchen facilities. The bathroom and toilet were situated separately to the “dwelling” structure; however these were destroyed in the 2006 fires.

The owner has provided a letter stating he has resided at the subject land continuously over the last seven years. An inspection of the property revealed that the existing building is a one roomed shed used by the owner for accommodation. The facilities are rudimentary with minimal kitchen facilities and no toilet, bathroom or laundry. The owner stated


that these facilities were located within an adjoining shed which was destroyed in the 2006 bush fires and not replaced. They also indicated that they have not used the building “very often” since then. They confirmed that whilst the building was used for periods of time, while family members worked in the area it was not their main place of residence. Contrary to the owner’s letter the building cannot be considered to be a dwelling within the definition of Wangaratta Planning Scheme or the Building Control Act, which is: A building used as a self contained residence which must include:

a) a kitchen sink; b) food preparation facilities; c) a bath or shower; and d) a closet pan and wash basin.

It includes out-buildings and works normal to a dwelling. As the building is not a dwelling, and has not been used continuously for 2 years the applicant cannot use the Existing Use right provisions of the Wangaratta Planning Scheme. As new dwellings can have an effect on the versatility of agricultural land on the subject site as well as on the neighbouring land, especially if the property is for rural lifestyle purposes, amenity issues arise, which can have a negative influence on existing or proposed/future farming practices. Furthermore the applicant has not responded to the Buildings and Works provisions of the Wildfire Management Overlay which requires a building in the overlay to:

• “The design and siting of any building or works, including outbuildings, driveways, vegetation and storage areas for flammable materials, must minimise the fire risk to life and property.

• The design of any building must incorporate fire protection construction features to prevent the entry and build up of embers to the building and reduce the likelihood of direct flame contact.

• The siting of any building in relation to slope, access, aspect, orientation and vegetation must minimise the fire risk to life and property.”

Environmental Health Assessment The application was referred to Council’s Environmental Health Unit, the CFA and North East Catchment Management Authority for comment. No objections were submitted from the CFA and North East Catchment Authority subject to standard conditions. However Council’s Environmental Health unit has objected to the development on the following grounds: • Effluent disposal is unable to meet the 60m setback from the stream on the

property that feeds the King River. • The Land Capability Assessment recommends effluent disposal by irrigation.

The percolation rate doesn't meet the requirements of the EPA Certificate of Approval 1.5/08 condition 13 to enable this to occur.


• The effluent disposal envelopes are located on slopes that appear to be greater than 5%.

Surrounding owners and occupiers were not notified in accordance with Section 52 of the Planning and Environment Act 1987 as it was considered that a replacement “dwelling” would not be materially detrimental to adjoining properties. It is noted that this land, like all freehold land located outside of Wangaratta, is included in the Agricultural Land Study and Strategy that is in progress, which may influence future development in this area. Until then, the Farming Zone and other current local and state planning policies are applicable to this area and these clearly discourage construction of dwellings on land under 40ha. Refusing this application also maintains consistency in relation to these types of proposals in the Farming Zone.

Implications Council Plan Objectives The Council Plan has a strategy to “undertake a strategic approach to land use planning to provide balanced outcomes for growth, existing land use, environment, heritage and community aspirations”. In this situation, the development fails to adequately meet the decision guidelines of the Farming Zone, and Clause 63. As such, the application should be refused. Community Outcomes These applications, allowing for ad hoc development in the Farming Zone on moderate to high quality agricultural land, will have a negative impact on the existing neighbouring farm land and community because of rural living areas taking up more and more valuable agricultural land. Financial Impact There will be a financial impact on Council as there will be costs to Council to provide services to the subject properties. Recommendation: That Planning Permit Applications No. 08-278 for the replacement of a dwelling on 366 Burrowes Road, Chesthunt, be refused on the following grounds: 1. The proposal is inconsistent with the requirements of the State Planning

Policy Framework and the Local Planning Policy Framework with regard to protecting and retaining agricultural land.

2. The proposal is inconsistent with the objectives and decision guidelines of the Farming Zone.


3. The proposal is inconsistent with clause 63.06 – Expiration of existing use rights, by failing to provide evidence that the building used as a dwelling has not stopped for two or more years.

4. The proposal failed to provide evidence that they would be able to

obtain a septic tank permit. 5. The proposal is inconsistent with the objectives and decision guidelines

of Clause 22.01-1 Housing and Sheds in Rural Areas Policy, in particular as it has not been demonstrated that the dwelling is required to directly support the continuing operation of an existing rural use conducted on the land.

6. The proposal is inconsistent with the objectives of Clause 21.05 Rural

Land Use and Agriculture Policy, in particular as it has not been demonstrated that the dwelling is directly linked to an agricultural use.

7. The proposal will contribute to lifestyle living on land within a valued

agricultural versatility area. Communication That the applicant be advised of Council’s decision.


10.2.4.4 PROPOSED PLANNING SCHEME AMENDMENT C20 Amendment C20 73.030.040 Background The Rural City of Wangaratta is seeking to rezone land at the Wangaratta Aerodrome located approximately 7km south of Wangaratta along the Wangaratta-Kilfeera (Greta) Road, 1.5km south of the Hume Freeway overpass being all land within: – lots 1, 2, and 3 PS 534799, lot 1 PS 326830, Crown Allotment 1c, 4, and 35c,

Parish of Laceby, known as 663 Wangaratta-Kilfeera Road, Wangaratta.

The subject land is currently zoned Public Use Zone 4 (Transport) with a Rural Flood Overlay applying to the whole of the land. The land is owned and managed by the Rural City of Wangaratta.

An amendment to the Wangaratta Planning Scheme is required to provide appropriately zoned land for the growth and expansion of the Wangaratta Aerodrome. The development of the aerodrome has been identified as being strategically important to local primary industries and business investment opportunities in the municipality and the wider region, particularly relating to transport, trade, tourism, recreation and the development of service industries and processing for the wine industry. It is important that the future planning of the site is able to accommodate these opportunities.

Subject Land Current zoning

PUZ4

N


The proposal will enable subdivision of land to occur, and facilitate the planning of private commercial activities on the site. The Proposal The amendment proposes to rezone the Wangaratta Aerodrome from Public Use Zone 4 to a Special Use Zone, and include it in a Schedule to the Zone. It also proposes to apply a Development Plan Overlay to part of the site situated north along Brian Higgins Drive by introducing Schedule 2 to the Development Plan Overlay. The proposal is articulated in a planning report prepared by Coomes Consulting Group (April 09). A copy of the planning report is attached (refer attachment).

Issues For any rezoning proposal to proceed to the stage of a formal amendment, Section 9(2) of the Planning & Environment Act 1987 requires the Council to apply to the Minister for Planning for ‘authorisation’, to prepare a Planning Scheme Amendment. The Minister may authorise Council to proceed with preparing an amendment. Community Engagement If authorisation is sought and obtained by Council the Act provides that a public notice period of not less than one calendar month must occur. At the beginning of this period it is standard practice to notify the surrounding landowners in writing, as well as place notices in the public newspaper.

Apply a Development Plan Overlay to this area only

Rezone to Special Use Zone


The relevant Public Authorities and Agencies will also be consulted during this period. If Council resolves to proceed in accordance with the recommendation to this report it does not mean that the Council supports the proposal. However it provides opportunity to consider all of the various planning issues and views of the community. Following the public notice period a further planning report will be presented to Council that assesses the issues raised. Implications Council Plan Outcomes This proposal fits with the Development and Infrastructure Services objective to plan developments and public spaces that take into account community needs and desires while being practical and responsive to longer term needs. Community Outcomes The process of seeking authorisation to prepare an amendment is facilitating the process of community consultation with the potential for the future expansion of the Wangaratta Aerodrome that will benefit the Wangaratta community. Financial Impact The rezoning process is partially funded by fees as prescribed by the Planning & Environment (Fees Regulations) however if a Panel hearing is necessary Council will need to meet the costs associated with this process. Environmental Impact The impact on the environment as a result of future development following any rezoning will be addressed as part of the assessment process for the Planning Scheme Amendment. Liaison with North East Catchment Management Authority and other relevant agencies should identify any potential environmental issues. Organisational Impact Council’s Strategic Town Planner would be responsible for the final preparation and processing of the amendment, including making recommendations to Council and liaising with the Department of Planning and Community Development Recommendation: That Council seek authorisation from the Minister For Planning to prepare an amendment to the Wangaratta Planning Scheme for land known as 663 Wangaratta-Kilfeera Road, Wangaratta. Communication A formal written request to be forwarded to Department of Planning and Community Development and the applicant to be notified of the action.


10.2.4.5 “PURE LOCAL ENERGY” SOLAR COMMUNITIES BULK PURCHASE PROGRAM – BULK PURCHASE OF PHOTOVOLTAIC CELLS FOR RESIDENTIAL USE

Energy Management 84.060.004 Introduction In support of the one of the key Environment Strategies in the current Council Plan (“to provide an integrated approach to environmental management through service provision, education, planning and reduced resource use.”), the Rural City of Wangaratta has joined with other councils which are members of the Cities for Climate Protection, through the North East Greenhouse Alliance to promote and encourage community participation in a program called “Pure Local Energy” aimed at brokering the bulk purchase of grid-interactive photovoltaic cells by residents in participating municipalities. This report is for information. It describes the “Pure Local Energy” project and Council’s role in it. Background Council is a member of the Cities for Climate Protection (CCP) program run by ICLEI (International Council for Local Environment Initiatives). The CCP program assists member councils in developing greenhouse plans and initiatives. CCP has initiated a state-wide solar energy project to broker the purchase of grid-interactive photovoltaic cells (PV cells) by residents in participating councils. This program is called “Pure Local Energy”. North East councils including the Rural City of Wangaratta are participating in this program through the North East Greenhouse Alliance (NEGHA). Other participating councils include Alpine Shire, Indigo Shire, City of Wodonga, Moira Shire (all members of NEGHA), plus Murrindindi, Hepburn, Colac Otway and Baw Baw Shires and the Horsham Rural City Council. This initiative has been launched by CCP, albeit with a very short timeframe, to take advantage of the current Commonwealth rebate for PV cells. This ends on June 30, 2009. The Commonwealth Government is offering lower incentives in 2009/10 and analysis by CCP shows there is a substantial advantage to consumers using the current scheme. To take advantage of the current scheme participants need to commit by 30 June 2009, leaving time for installation until May 2010. By participating Council can assist residents to take advantage of the current scheme and provide guidance towards later rebate or incentive opportunities. Council’s commitment is to commit staff time and resources to take part in selection of the preferred supplier and project promotion and communication to residents within the municipality.


Council will be acting as a broker and promoter only. All liability and contracts are between the provider and the individual residents and no legal relationship is intended between councils and the provider. ICLEI has access to resources to assist Council’s promotion to the community. The “Pure Local Energy” program will also provide an opportunity for overall education in energy saving and promote Council’s leadership role in sustainability. Issues The Commonwealth Government rebate offered by the Solar Homes and Communities Plan will no longer be available at the same level from 30 June 2009, with a lesser rebate scheme anticipated. It is desirable therefore to generate optimum uptake of photovoltaic grid interactive solar systems whilst the rebate is still offered at the higher level. The “Pure Local Energy” program aims to broker a solution for residents that is cost-effective, helping to overcome the barriers associated with installing these systems. The program is one that Council on its own could not provide within current staff resources. The initiative is intended to stimulate investment in rural economies and green technologies, help to address climate change by reducing greenhouse gas emissions and provide a simpler, cheaper and localised way for residents to implement actions to support Council’s efforts in adopting clean, green energy sources. Cities for Climate Protection called for interest in the program in March and Council’s participation had to meet tight timeframes. At this stage a tender process is under way in relation to identifying preferred supplier(s). Suppliers have lodged their bids and Council officers are participating in a selection process that should be finalised by the end of the first week in May. The tender requirements include the employment of local tradespeople in the scheme. It is considered regrettable that the project was not conceived or developed at an earlier time. There is concern that the project will not achieve significant take-up as a result of time compression. It is to be hoped that future such initiatives will build on the lessons that will be learnt from this current process. Consultation Each tenderer has included a communication plan in their bids to promote the scheme to local communities. Promotion will occur in May and early June. This is expected to include use of local and regional print media, television advertising, radio, websites and community workshops to make information available to householders. The “Pure Local Energy” program will also be


promoted through community networks, with a view to maximising the uptake by residents. Implications Council Plan Outcomes The “Pure Local Energy” program supports Council’s Environment Strategy “to provide an integrated approach to environmental management through service provision, education, planning and reduced resource use.” Policy Reference This initiative will contribute to Council’s target of reducing community greenhouse gas emissions by 10% by 2016. Community Outcomes The “Pure Local Energy” program will offer an opportunity for residents to take advantage of green power though a program that is cost-effective and helps to overcome the barriers associated with installing these systems. Energy saving and greenhouse reduction in the residential sector provides advantage for the community as a whole. Environmental Impact The “Pure Local Energy Program” supports Council’s policy to reduce greenhouse gas production in order to mitigate against the impacts of climate change on the environment. Organisational Impact Staff will provide support in delivery of the program by the North East Greenhouse Alliance and Cities for Climate Protection. Recommendation: That Council:

1. note the details of the “Pure Local Energy” Bulk Purchase program; and 2. write to the North East Greenhouse Alliance and Cities for Climate

Change expressing concern about the minimising effect in take-up that the short response period will have upon the “Pure Local Energy” Program.

Communication As the program develops progress will be reported to Council.


10.2.4.6 THE PRESIDENT’S REVIEW OF VCAT Planning Matters / Issues 73.010.001 Background In 2008 VCAT celebrated 10 years of operation. Over that time the workload of that body has reportedly increased significantly. In addition a number of other jurisdictions have been acquired (such as health professionals, working with children checks and disability issues) and has added the human rights division and the legal practice list to its original structure. In March 2008 the Attorney – General asked the President of VCAT, Justice Kevin Bell, to carry out a review of VCAT. The Terms of Reference for the review include an audit of VCAT’s performance over the past 10 years and broadly focus on the following key issues: Access issues:

• whether VCAT has succeeded in improving access to justice and delivering equitable outcomes for all Victorians

• whether steps could be taken to further improve such access Operational issues:

• whether VCAT has been cost-effective in delivering services to Victorians, and whether there is scope for achieving greater administrative efficiencies

• whether VCAT’s use of technology and ADR has assisted parties to resolve disputes fairly and more speedily, and whether existing services could be enhanced

Jurisdictional issues:

• whether the additional jurisdiction assigned to VCAT since 1998 have been appropriate, and whether the process and principles under which VCAT acquires new jurisdictions could be enhanced

• whether the exercise of concurrent jurisdictions with Victoria’s courts has enhanced the administration of justice in Victoria

Further issues identified in the course of the review may also be considered. A consultation paper entitled “The role of VCAT in a changing world’ has been issued with responses sought by 5pm on Monday 8 June, 2009.

The purpose of the consultation paper is to stimulate and promote input from VCAT’s key stakeholders and the community to discover how VCAT is regarded in terms of access, operational and jurisdictional issues specified in the terms of reference. Suggestions are also sought on the direction VCAT needs to take to meet the challenges of the next decade.


Issues There are a number of comments that can be made in relation to the key issues in the Terms of Reference and the suggested issues identified for discussion, from a town planning perspective: Access issues:

• the majority of planning hearings involving the Rural City of Wangaratta are held in Wangaratta, as there is a rotational system whereby hearings can be programmed about every 3 months. Other matters involving other jurisdictions are also dealt with during the period of the visit.

• If a quicker decision is required then the parties would have to travel to Melbourne which is inconvenient to some but at least an earlier resolution may be achieved.

In general terms this arrangement works reasonably satisfactorily from the aspect of catering for the access needs of regional communities. Whilst metropolitan people may have less travel involved the matter of time delays for hearing is still applicable to everyone.

Operational issues:

• Timelines for hearing of an Appeal

The amount of time taken to obtain allocated hearing dates from VCAT is often of concern to applicants particularly where the objector’s grounds can be viewed as being trivial, spurious or just plain anti. There has also been concern expressed about situations where works are in progress and undue delay can be frustrating to all parties concerned. In addition the timeliness of obtaining a decision once a hearing has been held is often of concern as this can drag out for a further prolonged period of time.

Possibly the introduction of an ADR (refer below) process could overcome some of these problems provided they were held at an early date. NB Council has already considered a report at an earlier Forum Meeting concerning the Minister’s intention to call in any larger projects for fast tracking etc.

• Appeals against VCAT decisions and costs

The parties involved in a VCAT hearing have, after the decision is handed down:

o 28 days to submit an appeal to the Supreme Court; and o 30 days to lodge a claim for costs

The significance of the time difference came to light recently when consideration was being given to lodging an appeal about a VCAT decision that went against Council. A position was taken that if the other side did not


submit a claim for costs then Council would not proceed with an appeal. Whilst Council’s legal advisors were of the opinion that Council had a good case for appeal it would have cost in the order of $30,000 to pursue it. The concern was that if no appeal was lodged, the other side could still go for costs (intimated to be around $10,000+) which in this case were considered unwarranted but still possible. Fortunately the matter was settled prior to any action being taken. By making the timelines the same i.e. 30 days, this would overcome the problem.

• Lack of certainty There have been some occasions where Council staff have encountered a chairperson who has taken a different approach on a type of issue that Council staff have had experience in dealing with before. Thus this perceived inconsistency provides uncertainty with the approach taken in presenting cases and what sort of information may be relevant. It also gives rise to concerns about the outcome and consistency in decision making.

Alternative Dispute Resolution (ADR)

• Council Conciliation Process –

Council recently dealt with a report and concurred with the findings that the non-compulsory conciliation process conducted prior to Council having to deal with an application was beneficial and had lead to:

o around 50% of objections to applications being resolved and dealt with under delegation, and

o of those that did go to Council over 80% were concluded with no appeals to VCAT.

If this informal practice was to become a formal part of the application process i.e. must be held before Council makes a decision then this would introduce formality into an existing non-compulsory practice which relies on informality to affect the best results. The conduct of the conciliation meeting itself (apart from the issue of Assembly of Councillors) could be subject to challenge through VCAT and thus introduce further hurdles into an already complex system. Thus it is contended that this Conciliation process should remain in its present form and not be caught up in any ADR process.

• Alternative Dispute Resolution The notion of holding an ADR is not dissimilar in concept to the Council conciliation process except that it is more formal and occurs after the


Council decision. In addition, unlike Council’s system, the agreed findings can be binding on all parties. The question being raised is whether ADR should become a compulsory step in the process and in its present form is it becoming too legalistic. No further comment can be made here as there has been little or no experience with present planning staff being involved in that process. However it is considered that Council’s conciliation process serves it well and generally has been a successful means of resolution. The decision to go to VCAT after Council has determined the matter generally reflects that the applicants or objectors attitudes are well entrenched and thus it will require a more formal process to achieve resolution. An ADR process may assist provided it deals with planning issues and does not get bogged down with legal argument.

Consultation A consultation paper – “The role of VCAT in a changing world’ has been issued and is accessible by the general public through the VCAT website, with responses sought by 5pm on Monday 8 June, 2009. Implications Council Plan Outcomes To act as an advocate and facilitator in functions not defined as core business or non-core business. Other In general terms the comments on the issues raised above reflect that staff experiences with VCAT, when they have needed to attend, have generally been satisfactory. It is contended that the key to avoiding VCAT hearings is the use of the Council operated conciliation meeting process. This reinforces Council’s decision to retain the process. Recommendation: That Council responds to the President of VCAT conveying the comments as outlined in the body of the report. Communication That the response be forwarded to the President of VCAT prior to 8 June 2009.


10.2.4.7 ADOPTION OF REGIONAL WASTE MANAGEMENT PLAN

North East Victorian Waste Management - NevRwaste 72.010.002 Background As reported to Council at its meeting of 27 January 2009, the North East Regional Waste Management Group (NevRwaste) has developed a North East Victorian Regional Waste Management Plan (referred to as RWMP), planning for future waste management across municipalities in the north east region. NevRwaste is responsible for formulating the RWMP as set out in the Environment Protection Act 1970. The RWMP sets out the objectives, priorities and strategies for the management of municipal waste generated or disposed of in the region. Once adopted by members, this Plan is binding on member Councils and coordinates Council waste management actions in the regional context. The RWMP is approved and monitored by the Environment Protection Authority. The RWMP has been developed in 2007 and 2008 with extensive input from Board members and advice from Council officers. The RWMP considers and makes recommendations for development in the areas of: (1) Waste Disposal Facilities (2) Reducing Organic material to landfill (3) Rehabilitation of closed landfills (4) Encouraging the community to avoid and reduce waste (5) Upgrade waste facilities to achieve best practice and improve resource recovery (6) Maximising resource recovery from kerbside systems (7) Litter Reduction These were reported in detail to the January Council meeting when Council considered comment and changes to the draft RWMP. Council received a deputation from the NevRwaste Executive Officer on 14 April 2009 to present a final amended plan. Issues Having considered the RWMP in detail, Council is now in a position to adopt the RWMP. In the intervening period, preliminary work conducted by Golder Associates points to strengthening of a comment made by Council in January. An investigation has been commissioned with Golder Associates, a specialist consultant that conducts planning and design work for Council at Bowser. The work is a feasibility study into the future life of Bowser Landfill. This study has properly modelled current airspace at the landfill and shows a larger volume and life than indicated in the RWMP. The projected life according to the present design is 2025. The study is assessing options to extend the life of the landfill further and also plan to allow space for alternate waste treatments as such processes became feasible to form an Integrated Waste Management Facility. The study will be reported to Council when finalised. Given the RWMP has at least a 5 year life it is recommended that these new figures and this possible development be included in the RWMP. NevRwaste’s Executive Officer has


indicated that there are other comments by Councils that will be treated in an Addendum to the RWMP. To ensure Regional planning recognises this possibility, it is recommended that the Plan include an appropriate reference. Community Engagement NevRwaste conducted a public exhibition of the Plan for comment. Implications Council Plan Outcomes The Council Plan strategy to provide an integrated approach to environmental management through service provision, education, and planning and reduced resource use fits with objectives and actions of the RWMP. Community Outcomes The RWMP will assist in improving Waste Management and environmental outcomes for the community. Financial Impact There are no direct financial impacts in adopting the RWMP. However, there are implied operational and strategic objectives which will attract costs for Council in future planning and delivery of waste management functions. Environmental Impact Improved waste minimisation and separation reduces the environmental impacts of waste. Organisational Impact As a member Council officers continue to provide technical advice and project support to NevRwaste. To date, collaboration between Councils and NevRwaste has resulted in more effective recycling and waste management. There are no further organisational impacts associated with adoption of the RWMP. Recommendation: That Council approve the regional North East Victorian Regional Waste Management Plan and request NevRwaste include the following further details:

• more exact data from the Golder Associates landfill study once finalised;

• a specific citation that Council will consider development of Bowser Landfill as an Integrated Waste Management facility with a possible increase in life.

Communication Council’s response will be communicated to NevRwaste.


10.3 SPECIAL COMMITTEE REPORTS

10.3.1.1 WANGARATTA SHOWGROUNDS SPECIAL COMMITTEE Wangaratta Showgrounds Special Committee 10.0025.003 Background The Wangaratta Showgrounds Special committee was established by the Council under Section 86 of the Local Government Act 1989 for the purpose of managing and controlling the activities of the Wangaratta Showgrounds. Council carried out a revision of the Constitution of the Wangaratta Showgrounds Special Committee in December 1995 and at its meeting of 17 December 1996 Council formally endorsed the Charter of the Special Committee. A further review of the Charter was undertaken in 2005 and Council at its 19 April 2005 meeting, approved an amended Charter. The Wangaratta Showgrounds Special Committee comprises representatives of the following user groups: • Wangaratta Agricultural & Industrial Society Inc; • Wangaratta & District Cricket Association Inc; • Wangaratta Kennel & Obedience Dog Club Inc; • Wangaratta Junior Football League Inc; • Wangaratta Cycling Club Inc; • Wangaratta Players Inc; • Wangaratta Football Club Inc; • Ovens & Murray Bridge Club Inc; • Wangaratta Sports Club Inc; • Wangaratta Umpires Board Inc; • Lions Club of Wangaratta Inc; and • two (2) representatives of the Wangaratta and regional community. Issues In March 2009 the Wangaratta Showgrounds Special Committee advised of the resignation of Mr Graeme Taylor, Chairman of the Committee. Mr Taylor was also the Wangaratta Sports Club representative and a long serving member of the Committee, having served in excess of twenty years, with a significant part as Secretary. The Committee has requested that Council consider a formal public thank you to Mr Taylor for his many years of dedicated service and significant contribution to the community. The Wangaratta Showgrounds Special Committee has advised that at its recent meeting the Committee considered a request from the Wangaratta Agricultural & Industrial Society to appoint Mr Greg Hayes to replace Mr Ron Sneddon as their representative.


The Committee has accepted the nomination of Mr Greg Hayes as the new representative of the Wangaratta Agricultural & Industrial Society and the Committee now seeks Council’s ratification of the appointments. The term of office for the Committee expires on 30 June, 2009. It is understood that Mr Graeme Taylor, Chairman of the Committee, resigned his position some months ago. Council has not received any formal notification of his resignation nor of any proposal in appointing a replacement. Mr Taylor was originally nominated as the representative of the Wangaratta Sports Club and his resignation from the committee creates a vacancy. Consultation The Secretary of the Wangaratta Showgrounds Special Committee has written to Council advising of the resignation of Mr Taylor and seeking ratification of the appointment of Mr Greg Hayes. Implications The Council must now make the formal appointment to the Committee as required by the Local Government Act 1989. Recommendation: 1. That the resignation of Mr Graeme Taylor from the Wangaratta

Showgrounds Special Committee be received and that his significant contribution to the Committee and to the community be acknowledged by letter and at a function to be held in appreciation.

2. That the resignation of Mr Ron Sneddon from the Wangaratta

Showgrounds Special Committee be received and that Mr Sneddon be thanked for his contribution to the Committee.

3. That Council appoint Mr Greg Hayes representing the Wangaratta

Agricultural & Industrial Society Inc as a member of the Wangaratta Showgrounds Special Committee for the term ending 30 June, 2009.

4. That the Wangaratta Showgrounds Committee be requested to provide

details of Mr Taylor’s resignation and steps undertaken in filling the vacancy of chairman and representative of the Wangaratta Sports Club.

Communication Following Council’s ratification of the appointment, letters will be sent thanking Mr Ron Sneddon for his contribution, congratulating Mr Greg Hayes on his appointment and advising the Wangaratta Showgrounds Special Committee of a function to be held in order to acknowledge the significant contribution made by Mr Taylor.


10.4 ADVISORY COMMITTEE REPORTS

10.4.1.1 AUDIT ADVISORY COMMITTEE

Audit Advisory Committee 51.020.004

Background The Audit Advisory Committee met on 23 April 2009 and discussed the following: 1. Finance - Budget Comparison Reports 2. Key Performance Indicators 3. Audit Strategy report for 2008-09 by Richmond Sinnot and Delahunty for the

Auditor-General 4. Results Of Victorian Local Government Fraud And Corruption Survey 2008

carried out by Price Waterhouse Coopers 5. Audit Action Plan – Records Management and Information Security sections

have been updated. 6. New corporate software implementation – update was provided 7. Local Government 2007-2008 Audits – report from the Auditor-General Minutes of the meeting are attached (refer attachment). Recommendation: That the report be noted.


10.4.1.2 LIVESTOCK EXCHANGE ADVISORY COMMITTEE Wangaratta Livestock Exchange Advisory Committee 85 010 003 Background The Wangaratta Livestock Exchange Advisory Committee met on 15 April 2009. Councillor McInerney is Council’s representative for the Wangaratta Livestock Exchange Advisory Committee. Issues Matters considered included: • Business Plan Development – Draft will presented at the June meeting for

consideration • National Livestock Reporting Service reporting – Submission made to Meat

and Livestock Association. Report outcome at next meeting

• Livestock Saleyards Association of Victoria (LSAV) representative - Advise LSAV of Council’s representative

• Sheep National Livestock Identification Scheme capability – Peter Murray reported on Wangaratta’s capability

• Monitoring Access Control System subsidy through National Association of Saleyards Service Organisations Inc – Grant money available for wide scanning unit. Application submitted. If upgraded will overcome animal welfare concerns surrounding large animals using the current multi-scanner

• Discussion centred on the conduct of the annual feature sale with Agents’ representatives present including - the need for a January sale (prior to mid-January) - running two prime sales in January and February featuring weaner cattle

eg. Blue Ribbon Weaner Sale or Breeder’s Feature Sale - splitting the February sale over two days – Fri/Sat - specifying a minimum lot size eg. 15 head - ensuring quality breed representative animals only – Wangaratta

Saleyards, the Home of Quality Cattle - commence the sale(s) at 10:00am

Recommendation: That report be noted.


10.4.1.3 EDUCATION ADVISORY COMMITTEE Education 25.015.006 Background Council established an Education Advisory Committee (EAC) in 2004 to:

• Advise Council on education; • Develop a vision for the future of education In Wangaratta • Provide a catalyst to establish partnerships to progress identified

educational goals. Since the establishment of this Committee much has been achieved in responding to the educational needs of children and young people in Wangaratta. Members of the EAC have played a critical role in achieving these outcomes. The current membership of the EAC has recently reviewed the purpose and ongoing direction of the Committee. One of the points raised by the Committee was a need to involve a broader representation of the education sector whilst maintaining a meeting schedule of the existing group. It was felt by the Committee that this would provide an opportunity for the broader sector to have a closer network whilst having a ‘nucleas’ group to focus on the actions to occur. The EAC also recognised a need to maintain an avenue of direct input to Council in order to have a stronger voice and provide Council with information to consider and act. Issues Although the EAC has achieved a great deal much of the work undertaken extends beyond the delegation of the EAC Charter. There is value in Council having access to a network of education providers to assist in providing advice and to continue to strengthen our education resources. It is believed that the purpose of the EAC has been achieved and given Council’s role in the provision of education as a lobbiest, it has been agreed by the current EAC members that there is no further role for such an Advisory Committee to Council. However, the opportunity to still have direct input to Council on education matters should be continued, this can be achieved by the EAC discontinuing as an Advisory Committee to Council and instead being a community interest group. Meeting arrangements for this group would continue as a focus group for organisational purposes and incorporate an education sector forum on a regular ( 1 – 2 per annum) basis. A representative of the Education Group will become a member of Council’s Community Well Being Committee in order to maintain direct input to Council and because of the significant relevance education has to the health and well being of our community.


Implications Council Plan Objectives This proposal is consistent with Council’s objective of working with education providers to establish partnerships to provide educational opportunities within the municipality. Community Outcomes Council is committed to a strategic approach to education which enables individuals in the municipality to achieve their full potential. The proposed future status and meeting arrangements for the education sector will enable the input of a broader range of education providers and interested parties. Organisational Impact The support and input of the education sector will continue to assist Council in its decision making on issues related to education within the local area.

Recommendation: 1. That Council determine to dissolve the Education Advisory Committee

as an advisory committee to Council under the Local Government Act 1989; and

2. A letter be provided to current and past members of the Education Advisory Committee thanking them for their commitment and contribution to Council recognising the educational outcomes for the Rural City of Wangaratta community.

Communication The members of the Education Advisory Committee will be notified of Council’s decision.


10.4.1.4 WANGARATTA CITY JUBILEE ADVISORY COMMITTEE

Wangaratta City Jubilee Advisory Committee 10.030.012 Background The Wangaratta City Jubilee Advisory Committee has provided the following report of its April 2009 meeting. Issues The committee discussed: 1. consultation with the new Youth Council re youth participation in the jubilee

celebrations; 2. the logistics and options for the proposed aerial photograph including school

participation, venue options and date and time. 3. the logistics and options for the proposed parade including alternative routes,

minimum viable number of floats, participation of bands and volunteers; 4. the Heritage Idol Committee’s role in managing the 50 years 50 icons theme; 5. the logistics and options for the interfaith service, noting that it will be held in

the theatre; 6. and endorsed focusing the “open gardens” item in the program on

conservation and public parks/lands, with the project to be known as “Natural Heritage”;

7. the development of the proposed jubilee logo and endorsed the draft concept presented;

8. ensuring that all communication collateral and organisation for the celebrations is bedded down by the end of May;

9. launching the celebrations in June, 10. the updated Wangaratta Performing Arts Centre opening program noting how

it would integrate with the Jubilee celebrations.

Recommendation: That the report be noted.


10.4.1.5 WANGARATTA UNLIMITED ADVISORY BOARD (COMMITTEE) REPORT

Wangaratta Unlimited Advisory Board 25.007.002 Background The Wangaratta Unlimited Advisory Board (Committee) held their monthly board meeting on Wednesday 6 May 2009. Renewable Energy Project A representative from a Melbourne based solar energy consultancy group with a concept for a “Solar Farm” to be established at North Wangaratta formed a key element of the board meeting agenda. Following the presentation and due consideration of the proposal as outlined, the board determined to recommend to Council that the Rural City of Wangaratta scope out a consultant’s brief for a broader feasibility study into renewable energy opportunities and seek out relevant funding to support the study. Ovens and King Valleys Food Bowl Initiative Further interest is being stimulated in the Ovens and King Valleys Food Bowl initiative. Preliminary discussions have progressed with major supply chain stakeholders who have indicated significant interest in the concept. A deputation from the Rural City of Wangaratta and representatives from within the agriculture/horticulture sectors are to meet with the Minister for State and Regional Development, Ms Jacinta Allan, to provide a further briefing on the concept during her impending visit to Wangaratta. Inquiry into Regional Centres of the Future Representatives of the Wangaratta Unlimited Board took a leading role at the public hearing conducted by the Rural and Regional Parliamentary Committee undertaking the Inquiry into Regional Centres of the Future. Key messages conveyed were the needs for ongoing infrastructure development, regional planning, telecommunications enhancement and leadership development. The Committee recognised the Wangaratta Unlimited model as a successful vehicle for progressing sustainable development for Regional Centres of the Future. Global Economic Downturn Response Strategy A number of key actions determined within the Global Economic Downturn Response Strategy are now being implemented. The planned approach of building influential links to both the State and Federal Government has been successfully progressed and the mentoring and business support elements of the strategy are already being realised. Recommendation: That the report be noted.


11. NOTICE OF MOTION

12. URGENT BUSINESS

13. AUTHORISATION OF SIGNING AND SEALING OF DOCUMENTS Authorisation of Signing & Sealing of Documents 50.010.004 Recommendation That Council sign and seal the following documents: 1. Transfers of Land Instrument(s)for land situated between 102 and 104

Swan Street, Wangaratta shown on LP 013698 as Road R1 (refer item 10.2.2.2)

2. Contractual Agreement with the Ovens and King Community Health Service for the provision of Maternal and Child Health Services (refer item 10.2.3.3)

14. PUBLIC QUESTION TIME Public Question Time 10.020.004

15. CONFIDENTIAL BUSINESS

16. CLOSURE OF MEETING