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Page 1
Mission Statement:
To support and develop a sustainable, thriving and resilient Community
through leadership and partnership.
TO BE HELD: Tuesday, 31 May 2016 at 6.30pm
LOCATION: Council Chambers
Beechworth
ATTENDEES: NAME TITLE
Cr James Trenery Mayor
Cr Peter Croucher Deputy Mayor
Cr Barb Murdoch Councillor
Cr Bernard Gaffney Councillor
Cr Jenny O’Connor Councillor
Cr Roberta Horne Councillor
Cr Emmerick Teissl Councillor
Gerry Smith Chief Executive Officer
Mark Florence Director Development & Planning
Greg Pinkerton Director Corporate & Community Services
Ian Ellett Director Infrastructure Services
Michelle Delle Vergin Secretariat
Vision Statement:
INDIGO – A great place to live, work and visit.
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TABLE OF CONTENTS
1. WELCOME .................................................................................................................6
2. OPENING PRAYER, ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF
THE LAND & NATIONAL ANTHEM ..............................................................................6
3. APOLOGIES AND LEAVE OF ABSENCE .........................................................................6
4. DECLARATION OF CONFLICT OF INTEREST ..................................................................6
5. OPEN FORUM ...........................................................................................................6
6. CONDOLENCES ..........................................................................................................6
7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) .....................................6
8. BUSINESS ARISING FROM PREVIOUS MINUTES ..........................................................7
9. DEPUTATIONS AND PETITIONS ..................................................................................9
10. CORPORATE & COMMUNITY SERVICES .................................................................... 10
10.1 April Finance Report .............................................................................................. 10
10.2 Instruments of Delegation..................................................................................... 19
10.3 Lake Sambell Committee of Management ............................................................ 23
10.4 Council Advisory Committee Minutes ................................................................... 29
10.5 Assembly of Councillors Record ............................................................................ 31
11. DEVELOPMENT & PLANNING ................................................................................... 33
11.1 Planning Permit Application 15-0232 Camping and Caravan Park
('Glamping'), Diffey Road Beechworth, Matthew Park. ........................................ 33
11.2 Planning Permit Application PP16-0035 - (Carter) ................................................ 36
11.3 Request to Remove Heritage Overlay, 236 Main Street Rutherglen. ................... 50
11.4 Rutherglen Rural Living Strategy ........................................................................... 53
11.5 Cue Springs Water Extraction Monthly Monitoring Report .................................. 62
11.6 Community Engagement Plan ............................................................................... 63
11.7 Timor Leste Fellowship Program ........................................................................... 67
12. INFRASTRUCTURE SERVICES .................................................................................... 70
12.1 Memorialisation .................................................................................................... 70
12.2 Municipal Emergency Management Report Update ............................................ 73
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13. EXECUTIVE MANAGEMENT ...................................................................................... 76
13.1 Lions District Convention Civic Reception ............................................................. 76
13.2 Rural Councils Victoria - Incorporation ................................................................. 79
14. NOTICES OF MOTION .............................................................................................. 82
14.1 Indigo Shire Council Divestment Policy ................................................................. 82
15. COMMITTEE AND DELEGATES REPORTS (ARE ALL FOR INFORMATION ONLY) ........... 83
15.1 Cr Trenery - Mayor ................................................................................................ 83
15.2 Cr Croucher - Deputy Mayor ................................................................................. 84
15.3 Cr Roberta Horne ................................................................................................... 85
15.4 Cr Barbara Murdoch .............................................................................................. 86
16. GENERAL BUSINESS ................................................................................................. 87
17. CONFIDENTIAL ........................................................................................................ 87
ATTACHMENTS
10.1 April Finance Report
1 Monthly SPA Report ..................................................................................... 89
10.2 Instruments of Delegation
1 Instrument of Delegation - Council to CEO .................................................. 92
2 Instrument of Delegation - Council to Members of Council Staff ............... 98
10.4 Council Advisory Committee Minutes
1 Minutes - Indigo Community Access Advisory Committee - 15
February 2016 ............................................................................................ 218
2 Minutes - Beechworth Trees Consultative Committee - 30
March 2016 ................................................................................................ 223
3 Minutes - Indigo Heritage Advisory Committee - 5 April 2016 ................. 227
4 Minutes - Finance Committee - 14 April 2016 ........................................... 233
5 Minutes - Indigo Community Access Advisory Committee - 18
April 2016 ................................................................................................... 237
6 Chairs Report - Audit Committee - 18 April 2016 ...................................... 242
7 Minutes - Finance Committee - 21 April 2016 ........................................... 244
8 Minutes - Beechworth Trees Consultative Committee - 2 May
2016 ........................................................................................................... 261
9 Minutes - Indigo Heritage Advisory Committee - 3 May 2016 .................. 265
10 Minutes - Old Beechworth Gaol Advisory Committee - 9 May2016 ........................................................................................................... 271
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10.5 Assembly of Councillors Record
1 Assembly of Councillors Record - Indigo Community Access
Committee - 15 February 2016 .................................................................. 2862 Assembly of Councillors Record - Beechworth Trees
Consultative Committee - 30 March 2016 ................................................. 288
3 Assembly of Councillors Record - Indigo Heritage Advisory
Committee - 5 April 2016 ........................................................................... 290
4 Assembly of Councillors Record - Briefing Meeting - 12 April
2016 ........................................................................................................... 292
5 Assembly of Councillors Record - Finance Committee - 14 April
2016 ........................................................................................................... 294
6 Assembly of Councillors Record - Indigo Community AccessAdvisory Committee - 18 April 2016 .......................................................... 296
7 Assembly of Councillors Record - Briefing Meeting - 19 April
2016 ........................................................................................................... 298
8 Assembly of Councillors Record - Community Forum -
Kergunyah - 19 April 2016 ......................................................................... 300
9 Assembly of Councillors Record - Finance Committee - 21 April
2016 ........................................................................................................... 302
10 Assembly of Councillors Record - Briefing Meeting - 26 April
2016 ........................................................................................................... 304
11 Assembly of Councillors Record - Council Meeting - 26 April
2016 ........................................................................................................... 306
12 Assembly of Councillors Record - Beechworth Trees
Consultative Committee - 2 May 2016 ...................................................... 308
13 Assembly of Councillors Record - Indigo Heritage Advisory
Committee - 3 May 2016 ........................................................................... 310
14 Assembly of Councillors Record - Briefing Meeting - 3 May 2016 ............ 312
15 Assembly of Councillors Record - Old Beechworth Gaol Advisory
Committee - 9 May 2016 ........................................................................... 314
11.1 Planning Permit Application 15-0232 Camping and Caravan Park
('Glamping'), Diffey Road Beechworth, Matthew Park.
1 Application documentation ....................................................................... 317
2 Referral authorities' responses .................................................................. 364
3 Letter to applicant...................................................................................... 367
11.2 Planning Permit Application PP16-0035 - (Carter)
1 Proposed Site Plan ..................................................................................... 369
2 Clause 35.07 - Farming Zone ...................................................................... 370
3 Trafficworks TIAR ....................................................................................... 377
11.3 Request to Remove Heritage Overlay, 236 Main Street Rutherglen.
1 236 Main St inventory sheet ...................................................................... 409
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2 Heritage Advisor's response ...................................................................... 410
11.4 Rutherglen Rural Living Strategy
1 Rutherglen Rural Living Study - Final report .............................................. 412
11.5 Cue Springs Water Extraction Monthly Monitoring Report
1 Appendix 1 ................................................................................................. 501
11.6 Community Engagement Plan
1 Community Engagement Draft policy 2016 ............................................... 504
2 Community Engagement Draft plan .......................................................... 507
12.2 Municipal Emergency Management Report Update
1 Municipal Emergency Management Plan .................................................. 516
13.1 Lions District Convention Civic Reception
1 Correspondence - Request for Civic Reception ......................................... 622
13.2 Rural Councils Victoria - Incorporation
1 Draft Rules for RCV Incorporated 12 April 2016 ........................................ 624
2 Proxy Form RCV ......................................................................................... 625
14.1 Indigo Shire Council Divestment Policy
1 Local Government Super ........................................................................... 627
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8. BUSINESS ARISING FROM PREVIOUS MINUTES
LETTERS IN RESPONSE TO WOOLSHED PETITIONS
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9. DEPUTATIONS AND PETITIONS
Nil reports.
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10. CORPORATE & COMMUNITY SERVICES
10.1 APRIL FINANCE REPORT
File No: 2016/286
Sharon Phillips - Management Accountant Corporate & Community Services
For Decision
RECOMMENDATION
That Council accept the Monthly Finance Report as at 30 April 2016
INTRODUCTIONThis report covers the first ten months of the 2015-16 financial year to 30 April 2016. The
figures contained in this report compare the April year to date (YTD) actuals to the April year
to date forecasts set at the mid-year review.
April YTD
Actuals
April YTD
Forecasts
Variance
$
Variance
%
Annual
Forecast
Income
Developer Contributions (36,098) (40,187) (4,089) (10%) (43,187)
Interest Income (163,903) (168,852) (4,949) (3%) (199,815)
Operating Grants (3,385,575) (3,347,477) 38,098 1% (4,155,299)
Operating contributions (133,719) (151,815) (18,096) (12%) (223,680)
Other Revenue (3,556,727) (3,583,549) (26,822) (1%) (4,489,066)
Rates & charges (14,745,616) (14,751,786) (6,171) (0%) (14,755,786)
Reimbursements (250,648) (243,396) 7,252 3% (253,005)
Rent (79,900) (78,877) 1,023 1% (99,901)
Statutory Fees & Fines (664,873) (630,601) 34,272 5% (788,779)
User Charges (602,929) (569,458) 33,471 6% (657,699)
Total Income (23,619,988) (23,565,998) 53,989 0% (25,666,217)
Expense
Borrowing Costs 177,475 179,577 2,103 1% 213,367
Contract Payments 4,121,266 4,250,827 129,561 3% 4,904,144
Depreciation 4,293,880 4,369,671 75,791 2% 5,256,599
Employee Costs 9,594,140 9,637,585 43,444 0% 11,786,658
Materials & Consumables 1,997,283 2,042,744 45,462 2% 2,608,810
Other Expenses 3,126,564 3,247,271 120,707 4% 3,658,404
Utilities 529,665 540,586 10,921 2% 651,090
Total Expense 23,840,273 24,268,262 427,989 2% 29,079,073
Net Profit / Loss 220,285 702,264 481,978 69% 3,412,856
Year to Date ( YTD )
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DETAILS
Council is $482k favourable on a year to date basis compared to the revised forecasts
prepared as part of the 2015-16 mid-year forecasts.
INCOME
The favourable variance of $38k in Operating Grants is due to a combination of the
following;
$125k of infrastructure funding received from The Department of Treasury & Finance
for the Barnawartha Fire recovery works.
$60k of disaster support funding to fund Council’s Community Recovery Coordinator.
These are offset by unfavourable Operating grant variances;
The adjustment of a reporting error for the Wahgunyah Recreation Reserve project of
$110k (as previously reported to Council), and;
A delay in receiving the second component of Council’s Cycle Tourism grant ($36k).
The unfavourable variance of $27k in Other Revenue is due to:
$39k unfavourable variance relating to a delayed payment from the State Revenue
Office for the administration of the State Government’s Fire Services Levy.
$31k unfavourable variance in Buller Gas Sales due to the lower gas prices. This is
balanced with lower than forecast gas purchases (net effect on Council is zero).
Balanced by;
$45k favourable variance in private homecare income due to an increase in private
contract business.
The favourable variance of $34k in Statutory Fees & Fines is due to;
Higher than anticipated animal registration fees compared to forecast $56k. A reduction in fees received for both Subdivision and Engineering $11k.
Lower than forecast cemetery fees $9.5k.
The favourable variance of $33k in User Charges is due to higher than anticipated fees for
the following:
Historic Precinct ticket sales $15k.
Waste disposal sites $8k.
Swimming pools entry fees $12k.
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EXPENDITURE
The favourable variance of $130k in Contract Payments is a combination of several small
positive variations when compared to forecast. The two major contributing factors are;
A favourable variance of $152k for the Wahgunyah Recreation Reserve due to delay in
supplier payments.
$346k unbudgeted costs for the Barnawartha Fire. These costs have been partially
recouped from the State Government (see income section above). Further claims will
be made to recoup costs associated with this event.
The favourable YTD variance of $76k in Depreciation is due to a variation in Council’s asset
value compared to the original annual budget. This will be reconciled and reported as part
of the year-end financial statements.
The favourable variance of $45k in Materials & Consumables is due to $51k in Destination
Marketing costs (Official Visitors Guide) being delayed. This project is expected to finish prior
to the end of financial year and will therefore balance the budget for this area.
The favourable variance of $121k in Other Expenses is due to a combination of the following
temporary savings. These costs will catch up by the end of the financial year;
$45k lower than forecast vehicle running costs across the organisation.
$34k reduced plant & equipment usage.
$18k less for software maintenance costs.
$10k lower legal costs in Planning.
$6.5k delayed payment for cyclical maintenance of Council’s buildings.
Barnawartha Fire
The YTD April expenditure from the Barnawartha fire event is $378,036. This is partially
balanced with income of $125,802 leaving a net cost to Council at the end of April of
$252,235. Further claims for reimbursement will be made in the future.
Council continues to work with the community to repair damage and recover from this
significant event.
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Barnawartha Fire Event - 20/12/2015
April
YTD
Actuals
Income
Operating G - State Non Recurrent (125,802)
Total Income (125,802)
Expense
Contract Payments 348,010
Employee Costs 25,718
Other Expenses 4,309
Total Expense 378,036
Total Result as at 30 April 2016 252,235
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CASH
Council’s cash position as at 30 April 2016 is $4.2 million. This is $2.3 million higher than
forecast and is mainly due to the delayed capital works expenditure detailed below ($940k)
and the operating favourability ($482k). Both of these items are expected to reduce
dramatically in the next 2 months and Council is expecting a cash result that is in line with
the mid-year forecast.
Details of how these funds are invested are shown below.
Bank Term Rate %
Due
Rollover Amount
WAW 30 2.35 7/05/2016 1,000,000
Bendigo Bank 30 2.50 3/06/2016 1,000,000
Bank West 30 2.75 14/06/2016 1,000,000
Anz 30 2.30 18/05/2016 1,000,000
Total of All Investments 4,000,000
Indigo Shire Operating Account 134,831
Indigo Shire Operating AT CALL Account At Call 1.4 At Call 61,583
Total Operating Cash Position 196,414
Total Cash Position 4,196,414
Indigo Shire Council - Cash & Investment Report as at 30 April 2016
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CAPITAL WORKS
As at 30 April 2016 the year to date capital works spend was $5.1 million which equates to
68% of the adopted mid-year budget including 2014-15 carry forward projects. This is below
the forecast spend at this time of the year however projects are nearing completion and it is
expected that the capital works completion rate for the full financial year to be in excess of
90%.
Adop ted Mid-
year
Budget
April
YTD Actuals
%
Complete
Adopted Mid-
year
Budget
April YTD
Actuals
%
Complete
Capital Works Adopted Mid-year Budget 9,010,405 5,403,399 60.0% 5,826,231 3,917,600 67.2%
Prior Years Carry Fo rward 4,323,472 3,900,679 90.2% 1,005,607 670,007 66.6%
Other Projects 631,152 87,036 0.0% 767,000 551,576 71.9%
TOTAL 13,965,029 9,391,114 67.2% 7,598,838 5,139,183 67.6%
2014-15 2015-2016
Capital Works
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CONCLUSION
Overall Council’s position is favourable to forecast, predominately because of the timing of
expenditure. This favourability will reduce as the final months of the financial year unfold.
As reported previously a large increase in Council’s landfill rehabilitation provis ion will
impact the reported full year result. However this increase is not currently finalised
therefore it is not shown in this monthly financial report. Without this abnormal landfill
adjustment Council is expecting to finish the year with controllable expenses in line with the
mid-year forecast.
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Council’s cash position is approximately $2 million stronger than forecast however cash will
reduce in coming months as the capital works program draws to a close and the operating
favourability reduces.
Attachments
1.View Monthly SPA Report
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10.2 INSTRUMENTS OF DELEGATION
File No: 2016/322Annabel Harding - Governance Officer Corporate & Community Services
For Decision
RECOMMENDATION
That Council:
1. Delegate to the person holding the position, acting in or performing the duties of
Chief Executive Officer the powers, duties and functions set out in the attached
Instrument of Delegation to the Chief Executive Officer , subject to the conditions and
limitations specified in that Instrument.
2. Delegate to the members of Council staff holding, acting in or performing the duties
of the positions referred to in the attached Instrument of Delegation to Members of
Council Staff , the powers, duties and functions set out in that instrument, subject to
the conditions and limitations specified in that Instrument.
3. Authorise the CEO to affix Council’s common seal to the attached Instrument of
Delegation to the Chief Executive Officer and Instrument of Delegation to Members of
Council Staff . The instruments come into force immediately once the common seal of
Council is affixed to the instrument.
4. Revoke all previous delegations to the Chief Executive Officer and to Members of
Staff immediately once the common seal of Council is affixed to the updated
instrument.
5. Note that the duties and functions set out in the instruments must be performed, and
the powers set out in the instruments must be executed, in accordance with any
guidelines or policies of Council that it may from time to time adopt.
6. Note that the Instrument of Delegation to the Chief Executive Officer includes a power
of delegation to the Chief Executive Officer in accordance with section 98(1) of the
Local Government Act 1989, and the Instrument of Delegation to Members of Council
Staff is in accordance with section 98(3) of the Act.
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INTRODUCTION
Council is given many powers, duties and functions under various pieces of legislation. It
would be impossible for any Council to exercise all of these powers through formal meetingsand resolutions and therefore Councils need staff to make decisions and act on their behalf
for day to day operations. When a Council delegates a power, duty or function to a member
of staff, the decision of the delegate is deemed to be a decision of Council.
Section 98 of the Local Government Act 1989 (‘the Act’) allows a Council to delegate its
powers, duties and functions to the CEO and Council staff, and also specifies that the CEO
can sub-delegate to staff the powers of a Council which have been delegated to him / her.
These delegations are contained in three different instruments.
1. The Instrument of Delegation to Chief Executive Officer allows the general delegation
to the CEO (pursuant to section 98(1) of the Act) and is required to be adopted by
Council.
2. The Instrument of Delegation to Members of Council Staff . This allows Council to
directly delegate to staff members and must be adopted by Council.
3. The Instrument of Sub-Delegation allows the powers delegated to the CEO to be
further delegated to Council Staff (section 98(3) of the Act). This Instrument comes
into force upon sign-off from the Chief Executive Officer, does not need a Council
resolution, and is not included in this report.
This reports deals with two instruments of delegation:
1. Instrument of Delegation to the Chief Executive Officer
2. Instrument of Delegation to Members of Council Staff
BACKGROUND
Commencing in January 2016, the two instruments for consideration, the Instrument of
Delegation to Chief Executive Officer and the Instrument of Delegation to Members of
Council Staff were reviewed by Council’s executive team (EMT) in consultation with the
Governance Officer. Council has a subscription to Maddocks Delegation and Authorisation
Service. This is an industry-wide service for Local Government that provides Council with
updates twice annually and partially forms the basis of Council’s instruments of delegation
review. EMT considered the new and existing delegations and made a number of changes to
the delegations and positions / titles (taking into account the Organisational Restructure of
March 2015). In addition, Maddocks provided further legal advice and clarification on
specific matters where required.
Two additional changes were made to the Instrument of Delegation to Members of CouncilStaff, relating to the words ‘not delegated’ and ‘not applicable’. The wording of each change
was validated by Maddocks before inclusion:
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1. When the words ‘not delegated’ appear in the ‘delegate’ column, the powers, duty or
function can only be exercised by Council resolution or by the CEO.
2. Where a delegation is not relevant or applicable to Indigo Shire Council, the itemremains in the instrument with the words ‘not applicable’ noted in the ‘delegate’
column. This is to ensure no delegated items are excluded from the document.
The explanation note has been updated at the end of the index.
EMT has since reviewed and finalised all amendments. The changes have been incorporated
into the updated Instruments, which are attached to this report.
KEY IMPLICATIONS
It is important that Council maintains up to date delegations to ensure that staff have the
appropriate delegations to perform their daily duties.
Legislation changes from time to time. Should Council not update its delegations on a regular
basis there is a potential risk that officers are unable to perform their day to day duties in a
compliant manner.
RISK MANAGEMENT
Identified Risk Strategy to Manage Risk
A power, function or duty not being included in
the Instrument of Delegation.
Council subscribes to Maddocks
Lawyers Delegation service.
A power, function or duty being delegated to the
incorrect position.
The Governance & Risk team have
reviewed the instrument of
delegations a number of times. The
instruments of delegation were then
reviewed line by line by EMT.
Staff not understanding or adhering to the
Instrument of Delegation and acting outside their
delegated power.
EMT will take a leading role in
ensuring all delegated staff are
familiar with and adhere to theirdelegated powers duties and
functions.
FINANCIAL IMPLICATIONS
The adoption of this Instrument of Delegation does not have a financial impact on Council.
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LEGAL/COUNCIL PLAN/POLICY IMPACT
Council Plan
This Instrument of Delegation review will assist with the achievement of the key strategicobjective We will conduct the business of Council sustainably, openly and efficiently as set
out in the Council Plan 2013-2017.
The power of Council to act by resolution is set out in section 3 (5) of the Local Government
Act (The Act):
s.3(5) where a Council is empowered to do any act, matter or thing, the decision to do
the act, matter or things is to be made by resolution of the Council.
The Act, as well as other legislation, makes provision for the appointment of delegates to acton behalf of Council. There are two basic forms of delegation under the Act:
To a Special Committee; or
To an Officer of the Council. If the delegation is to the Chief Executive Officer, that
person can “sub-delegate” some or all of those powers to other officers.
CONCLUSION
In accordance with Council’s usual practice of regularly reviewing all delegations, the two
Instruments - Instrument of Delegation to the Chief Executive Officer and Instrument ofDelegation to Members of Council Staff - have been reviewed to ensure that they are lawful,
up to date and allow for the effective operation of the organisation.
Both of these documents require adoption by Council.
Attachments
1.View Instrument of Delegation - Council to CEO
2.View Instrument of Delegation - Council to Members of Council Staff
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4. Is encouraged to actively pursue wide community consultation on development
proposals for the Reserve in accordance with the Master Plan and to act as a forum for
the discussion of items of community interest pertaining to the reserve.
5. Is to provide advice and undertake minor maintenance of reserve facilities and spaces
provided by the Lake Sambell maintenance Program Schedule.
6. Will ensure the facility complies to the best of their knowledge with current health and
safety regulations and will report any potential hazard or danger at the reserve to
Council as soon as possible on discovery.
Notably, the majority of the objectives have been the same since 2002 and were due for a
refresh.
Council’s Committee Review
Council’s Governance team commenced a pilot review of two Committees in late 2015,
beginning with the Lake Sambell Committee of Management (a s86 special Committee) and
the Indigo Shire Access Committee (an advisory Committee to Council).
The review took the form of a survey of members as well as reviews of legislation,
instruments of delegation, feedback/complaints and comparison to Councils objectives &
adopted plans. This review took several months and included consultation and input from
Committee members.
The review considered two key issues;
1. Efficiency: The ease with which the Committee and Council interact and the degree to
which the process interferes with the objectives of the Committee.
2. Effectiveness: The degree to which the Committee aligns with Council’s plans,
strategies, and operations.
The review found that there are a number of efficiency improvements that can be made in
the way that Committees (in general) interact with Council as well as the level and
appropriateness of the administrative requirements for running a Committee. These
administrative issues will be dealt with as part of the next stages of the Committee review
and will result in improved processes and a suite of tools that will improve the
administration and efficiency of the Committees.
In relation to the Lake Sambell Committee of Management specifically, the review identified
that the strategic alignment of the Committee and its objectives had drifted apart from the
aims and practices of Council. The review identified that this was caused by three main
changes:
1. The finalisation and adoption of the Lake Sambell Reserve Master Plan. This significant
document considers the current and future needs of the users of the lake and precinct
and removes the need for many of the strategic objectives of the Lake Sambell
Committee.
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The majority of the strategic work delegated to the Committee related to the
development, adoption and promotion of a Lake (and precinct) Master Plan. A plan of
this scale and importance is always a collaborative effort and the Committee worked
with Council on the development of the new Master Plan that was adopted by Council
in 2015.
The adoption of the plan refocusses the priorities to advocacy and the pursuit of grant
funding. In the modern political environment these advocacy activities are best done
by Council in conjunction with State and Federal Government. In this way, the
adoption of the Master Plan removes the need for ongoing strategic and advocacy
work that had previously been done by the Lake Sambell Committee of Management.
2. The growth of the lake precinct. In the last 20 years the facilities at Lake Sambell have
grown significantly and this asset is now a major piece of infrastructure that is not in
keeping with the usual type of asset that is managed by a Committee of management.
3. The various regulations relating to the lake and surrounds as well as the changing
expectations regarding the maintenance of a significant lake and precinct. This is
particularly highlighted by the final objective of the Committee that includes the
wording (underline added) “[the Committee] Will ensure the facility complies to the
best of their knowledge with current health and safety regulations…” This type of
delegation and responsibility is not appropriate in the current legislative environment,
particularly to a Committee of volunteer community members.
In the past, the maintenance and upkeep of this facility has been a shared responsibility
between Council, the Management Committee and State Government departments. This
partnership has resulted in a very well presented facility. However, due to the significance
and nature of the work involved it is no longer appropriate for a community group to be
responsible (albeit partially) for the maintenance and upkeep of a facility of this size and
type. The equipment, training, safety, and technical requirements of this facility have
surpassed the point at which a management Committee is appropriate. For the past 12
months Council has taken over the full maintenance responsibility for the lake and surrounds
and it is recommended that this continue.
The Management Committee has been successful in its goal of creating an important and
well used facility. In many ways it is this success that makes it inappropriate for the
Committee to continue to manage such a large facility.
Prior to being placed into recess the Committee was plagued with a number of operational
issues. It is the opinion of the Governance review that these issues were symptoms of the
loss of connection and alignment with Council. It is also the opinion of the review that this is
a natural result of the factors mentioned above, and that this reflects a move into a new
epoch for the Lake Sambell facility.
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Continuation Option
As the review considered these issues of 1/out-dated & misaligned objectives, 2/ the
appropriateness of a Committee of management for a facility of this type and size, and
3/recent governance issues within the Committee, it became apparent that any continuation
of the Committee would require Council to make significant changes to address these three
matters.
The recent governance issues could be resolved through additional intensive work with the
Committee however this would only be appropriate if the questions of 1/ the
appropriateness of asking a Committee of volunteers to manage this significant piece of
infrastructure, and 2/ the relevance and alignment of an updated set of objectives, could be
resolved in a way that gave the Committee a compelling reason to exist into the future.
When looking at this question of the future role of a s86 Committee of management over
the lake and/or precinct the review was not satisfied that there was a compelling set of
objectives that would warrant the continuation of the Committee. Further, the review
suggests that an asset of this size and type is most appropriately managed by Council.
Therefore, for all of the reasons discussed above, it is recommended that Council
discontinue the Lake Sambell Management Committee and wind up its affairs.
Committee Achievements
The Lake Sambell Committee of Management has been in place for 25 years. Over that time
this volunteer Committee has overseen a long list of significant changes to the lake andsurrounds, including the sandy beach, toilets and playground, Lake Walk, Chinese Garden
and, more recently, assisted Council with the wall repair project. All of the major projects
have been done in a collaborative way with the Committee of the day, and the result is a
facility of which the community can be very proud.
It is important to recognise all of the current and past members of the Committee for their
tireless work as volunteers to develop and maintain the Lake. Countless hours and a great
deal of hard work have been done by Committee members for more than 2 decades.
During the review process several of the current Committee members expressed a desire tochange the Committee from a s86 (Local Government Act 1989) special Committee of
Council to a “friends of Lake Sambell” group (separate to Counci l and run independently). It
is not known what this may entail however it is suggested that this may be an appropriate
way for active community members to continue to engage with the lake and precinct in a
coordinated way. If a friends group was established in the future it is likely that Council
would be interested in their activities and may use this group for advice / consultation
regarding the lake precinct, however the establishment and operation of any such group
would be up to community members to lead and manage.
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KEY IMPLICATIONS
The removal of this Committee will require Council to continue its oversight of all
maintenance, repair and upgrade of the Lake Sambell precinct. This has been the case forthe last 12 months and would continue indefinitely if the recommended resolution is passed.
RISK MANAGEMENT
If adopted by Council the recommendation carries some additional risks whilst
simultaneously mitigating / eliminating some current risks.
Additional / Increased Risk
By resolving to take full responsibility for all maintenance and upkeep of the lake, Council
increases its financial risk slightly. Without a Committee of management in place to share
the cost risk the full risk would rest with Council. Whilst the cost risks of the Lake Sambell
precinct are high (as evidenced by the recent dam wall replacement) the increased risk to
Council from taking sole responsibility for the lake is minimal. This is because the Committee
was not resourced to a level that would provide any meaningful mitigation to Council’s
financial risk. Any major works or repairs would be worn by Council with / without a
Committee of management in place.
By taking full responsibility for the maintenance and upkeep of the facility Council exposes
itself to an increased reputational risk from the community concern about any aspect of the
lake and precinct. This has been seen in the last 12 months with all inquiries now coming to
Council – including several items from Committee of management members. It will not bepossible for Council to satisfy every request or concern regarding the lake. This is true with
or without a Committee in place and it is suggested that the increased reputational risk from
removing the Committee of management is relatively small.
The final additional risk is a slightly escalated operational risk that arises from Council’s
outdoor team being spread more broadly than previously. By covering the activities of the
Committee of management the outdoor team will have less time for other activities.
Eliminated / Reduced Risks
The recommended resolution removes and reduces a number of risks associated with theCommittee of management. These include;
Removing the risk of duplication of effort and limited coordination between Council
and the Committee.
Removing the risks associated with the delegation of some responsibilities (such as
health and safety) to a Committee of volunteers.
Removing the risk of inappropriate governance and activity within the Committee.
These issues have surfaced recently and would be eliminated under the recommended
resolution.
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FINANCIAL IMPLICATIONS
The maintenance of the Lake and Precinct will become part of Council’s operations
responsibilities. The impact over the last 12 months on Council’s budget has been minimal.
The Committee operated a bank account and petty cash on behalf of Council. The remaining
funds approximately ($12,500) will be quarantined for use in the Lake Sambell precinct. It is
hoped that a future project will include an opportunity to recognise past members of the
Lake Sambell Management Committee and their contribution to the creation and upkeep of
this facility.
LEGAL/COUNCIL PLAN/POLICY IMPACT
The Committee was established under s86 of the Local Government Act 1989 and is
governed by this act as well as the instrument of delegation. None of these documents
include specific details of the process of removing a Committee and winding up the
administration. It is clear that the instrument of delegation can only be altered by Council
resolution and this would include the removal/withdrawal of the instrument of delegation.
COMMUNICATION
In the week prior to the Council meeting staff met with members of the Lake Sambell
Committee of Management, provided a copy of this report and discussed the
recommendation and reasons for the recommendation.
If the recommendation is adopted, Council staff will write to each current Committee
member to thank them for their service and advise them that the Committee has been
abolished.
CONCLUSION
The recommendation to discontinue the Lake Sambell Committee of Management is one
that is not taken lightly. This Committee has worked hard to achieve a great deal for the
Beechworth community and the lake precinct is a much-loved asset for residents and visitors
alike.
However the adoption of a Lake Sambell Reserve Master Plan and the changes to the
maintenance expectations and requirements has meant that Council no longer requires a
management Committee for Lake Sambell.
The Committee had a clear role to perform and they have acquitted this duty very well over
the last 25 years. The Committee has fulfilled its purpose, and it is now recommended that
the baton be passed back to Council to continue developing this important asset in
accordance with the priorities identified in the recently adopted Lake Sambell Master Plan.
Attachments
Nil
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10.4 COUNCIL ADVISORY COMMITTEE MINUTES
File No: 2016/318Annabel Harding - Governance Officer Corporate & Community Services
For Decision
RECOMMENDATION
That Council receive the attached Advisory Committee minutes and endorse the Officer
comments.
COMMITTEE DATE OF MEETING
Indigo Community Access Advisory Committee 15 February 2016Beechworth Trees Consultative Committee 30 March 2016
Indigo Heritage Advisory Committee 5 April 2016
Finance Committee 14 April 2016
Indigo Community Access Advisory Committee 18 April 2016
Audit Committee 18 April 2016
Finance Committee 21 April 2016
Beechworth Trees Consultative Committee 2 May 2016
Indigo Heritage Advisory Committee 3 May 2016
Old Beechworth Gaol Advisory Committee 9 May 2016
Burke Museum & Historic Precinct Advisory Committee No meeting held.
Indigo Economic Development & Tourism Advisory Committee No meeting held.
Indigo Environment Advisory Committee No meeting held.
Indigo Shire Community Grants & Awards Advisory Committee
(Only meet twice annually)
No meeting held.
Note: The timing of the agenda distribution will sometimes make it difficult to provide a
complete month. Please note that any items not included will be recorded in the followingmonth.
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The resolutions from these Advisory Committee meetings and Officer comments are
outlined below:
COMMITTEE RESOLUTION MOVED SECONDED OFFICER
COMMENT
Finance
Committee
That the Finance
Committee endorse the draft
budget in principal.
Cr Trenery Cr Murdoch
Carried
unanimously.
Indigo
Community
Access AdvisoryCommittee
That the Committee
write a letter to the Rutherglen
Historical Society advising themthat the Indigo Community
Advisory Committee has
reviewed the options paper for
disabled access and strongly
endorses Option 4. The
Committee would be happy to
work with the Historical Society
to progress this matter.
Joy Lee Peter Royale
Attachments
1.View Minutes - Indigo Community Access Advisory Committee - 15 February 2016
2.View Minutes - Beechworth Trees Consultative Committee - 30 March 2016
3.View Minutes - Indigo Heritage Advisory Committee - 5 April 2016
4.View Minutes - Finance Committee - 14 April 2016
5.View Minutes - Indigo Community Access Advisory Committee - 18 April 2016
6.View Chairs Report - Audit Committee - 18 April 2016
7.View Minutes - Finance Committee - 21 April 2016
8.View Minutes - Beechworth Trees Consultative Committee - 2 May 2016
9.View Minutes - Indigo Heritage Advisory Committee - 3 May 2016
10.View Minutes - Old Beechworth Gaol Advisory Committee - 9 May 2016
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10.5 ASSEMBLY OF COUNCILLORS RECORD
File No: 2016/317Annabel Harding - Governance Officer Corporate & Community Services
For Decision
RECOMMENDATION
That Council accept the attached Assembly of Councillors records.
INTRODUCTION
As required under Section 80A of the Local Government Act 1989 (the Act) the attached
Assembly of Councillors records are presented to Council for acceptance (summarised in thetable below);
Meeting Date
Indigo Community Access Advisory Committee 15 February 2016
Beechworth Trees Consultative Committee 30 March 2016
Indigo Heritage Advisory Committee 5 April 2016
Briefing Meeting 12 April 2016
Finance Committee 14 April 2016
Indigo Community Access Advisory Committee 18 April 2016
Briefing Meeting 19 April 2016
Community Forum - Kergunyah 19 April 2016
Finance Committee 21 April 2016
Council Meeting 26 April 2016
Briefing Meeting 26 April 2016
Beechworth Trees Consultative Committee 2 May 2016
Indigo Heritage Advisory Committee 3 May 2016
Briefing Meeting 3 May 2016
Old Beechworth Gaol Advisory Committee 9 May 2016
Note: The timing of the agenda distribution will sometimes make it difficult to provide acomplete month. Please note that any items not included will carry forward to the following
month.
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LEGAL/COUNCIL PLAN/POLICY IMPACT
Section 76AA of the Act defines an Assembly of Councillors as a meeting of an advisory
committee of the Council, if at least one Councillor is present, or a planned or scheduledmeeting of at least half of the Councillors and one member of Council staff which considers
matters that are intended or likely to be:
a) The subject of a decision of the Council; or
b) Subject to the exercise of a function, duty or power of the Council that has been
delegated to a person or committee but does not include a meeting of the Council, a
special committee of the Council or an Audit Committee.
Section 80A(2) of the Act requires that a written record of an Assembly of Councillors to be
reported as soon as practicable to an Ordinary Council meeting and incorporated in the
minutes Attachments
1.View Assembly of Councillors Record - Indigo Community Access Committee - 15 February 2016
2.View Assembly of Councillors Record - Beechworth Trees Consultative Committee - 30 March 2016
3.View Assembly of Councillors Record - Indigo Heritage Advisory Committee - 5 April 2016
4.View Assembly of Councillors Record - Briefing Meeting - 12 April 2016
5.View Assembly of Councillors Record - Finance Committee - 14 April 2016
6.View Assembly of Councillors Record - Indigo Community Access Advisory Committee - 18 April 2016
7.View Assembly of Councillors Record - Briefing Meeting - 19 April 2016
8.View Assembly of Councillors Record - Community Forum - Kergunyah - 19 April 2016
9.View Assembly of Councillors Record - Finance Committee - 21 April 201610.View Assembly of Councillors Record - Briefing Meeting - 26 April 2016
11.View Assembly of Councillors Record - Council Meeting - 26 April 2016
12.View Assembly of Councillors Record - Beechworth Trees Consultative Committee - 2 May 2016
13.View Assembly of Councillors Record - Indigo Heritage Advisory Committee - 3 May 2016
14.View Assembly of Councillors Record - Briefing Meeting - 3 May 2016
15.View Assembly of Councillors Record - Old Beechworth Gaol Advisory Committee - 9 May 2016
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11. DEVELOPMENT & PLANNING
11.1 PLANNING PERMIT APPLICATION 15-0232 CAMPING AND CARAVAN PARK
('GLAMPING'), DIFFEY ROAD BEECHWORTH, MATTHEW PARK.
File No: 2016/343
Kath Oswald - Town Planner Development & Planning
For Decision
RECOMMENDATION
That Council refuse the application due to the lack of information required by referral
authorities being provided by the applicant.
SUMMARY
Application No: 15-0232
Applicant: Matthew Park
Subject Land: Crown Allotments 4B, 4C, 7, 8, 8A, 9 & 9A Section 8
Parish of Beechworth, Diffey Road Beechworth
Proposal: Camping and caravan park (‘Glamping’)
Recommendation: Refusal in accordance with the Recommendation above
BACKGROUND
Date application lodged: 25 September 2015
Purpose: Seek approval to use and develop the subject site for the
purposes of camping and caravan park
Subject site land area: 7.25 hectares
Current use of subject
site:
Grazing
Site constraints: Land within 200 metres of a named waterway (Two Mile
Creek)
Surrounding land use: Grazing, winery, dwellings
Zoning of surroundingland:
Farming Zone (FZ), Public Conservation and ResourceZone (PCRZ)
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PROPOSAL
The application involves using the land for luxury camping, also known as ‘glamour camping’,
or ‘glamping’, and developing the land with four tents and ablution facilities. This falls into
the definition of Camping and Caravan Park, the definition of which is “ Land used to allow
accommodation in caravans, cabins, tents, or the like”. The application documentation is
included as Attachment 1.
ZONING AND PLANNING CONTROLS
Zoning: Farming Zone
Overlay/s: Bushfire Management Overlay (BMO)
Permit Trigger: Camping and Caravan Park is a section 2 (permit required) use in the
Farming Zone.
REFERRAL AUTHORITIES
The application was referred to the following referral authorities in accordance with Section
55 of the Planning and Environment Act 1987 and/or advice was sought from the following:
Indigo Shire Council Assets Department (road access)
Health (effluent disposal)
North East CMA
Goulburn-Murray Water
North East Water
Country Fire Authority
Responses were received from Goulburn-Murray Water and Country Fire Authority
requesting further information (see Attachment 2 for a copy of responses).
PUBLIC NOTICE
Notice of the application was given to adjoining owners and occupiers and other relevantpersons in accordance with Section 52 (1) of the Planning and Environment Act 1987.
Three objections were received in response (see Attachment 4).
Issues raised include:
Lack of detail in the application documentation
Fire risk
Impacts of wastewater
Loss of amenity
Traffic
Impacts on farming activities
Inappropriate use in the rural locality
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DISCUSSION
The applicant was advised of the requirement to submit further information in accordance
with the referral authorities’ requirements in late October and early November 2015.
In addition to the requirements of the referral authorities, the applicant is required to
submit an approved Cultural Heritage Management Plan (CHMP), as the subject land is
within an area of cultural heritage sensitivity, ie within 200 metres of Two-Mile Creek.
The applicant was advised of this in early November 2015. The applicant, via his solicitor,
contested the need for a CHMP in late November. The response was given that it was
Council’s opinion that a CHMP was indeed required, as the land was within an area of
cultural heritage sensitivity and the activity is considered to be a high impact activity under
the provisions of the Aboriginal Heritage Act 2006.
To date, there has been no further contact with the applicant, despite verbal and written
requests to provide advice as to whether or not the application would be progressing and
the required information would be forthcoming (Attachment 3).
CONCLUSION
Given the length of time that has passed, the lack of information as required by statutory
referral authorities and the notification given to the applicant, it is considered that the
application should be refused.
Attachments
1.View Application documentation
2.View Referral authorities' responses
3.View Letter to applicant
4.View Objections (excluded from agenda)(Confidential)
http://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDFhttp://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDFhttp://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDFhttp://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDF
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11.2 PLANNING PERMIT APPLICATION PP16-0035 - (CARTER)
File No: 2016/355Ian Scholes - Manager Planning & Statutory
Services
Development & Planning
For Decision
RECOMMENDATION
That Council approve Planning Permit PP16-0035 for the use and development of a Cartage
contractors Depot at 94 Indigo Creek Road, Indigo Valley subject to the following conditions
and issue a Notice of Decision to Grant a Permit.
1. PLANS TO BE SUBMITTEDThis Permit shall have no force or effect until two (2) copies of detailed plans are submitted
to and approved by the Responsible Authority. The plans are to be properly drawn to scale
and showing:
a. the position and layout of the shed to be used in connection with the cartage
contractors business specifying the location of the shed to be such that the northern
wall of the building is approximately 70 metres from Ryans Access Road and the
eastern wall approximately 70 metres from Indigo Creek Road;
b. the location of other buildings on the land;
c. the location of driveways on the land and the vehicle crossing to the road;
d. the extent of ‘hardstand’ area around the shed; e. delineation and identification by notation of all areas where semi trailer trailers and
or semi trailer prime movers are to be kept overnight or for periods exceeding one
hour;
f. delineation and identification of areas where vehicles, excluding trailers and prime
movers are to be parked;
g. any outdoor storage areas;
h. any areas outside the shed that might be used for purposes in connection with the
washing or routine maintenance of vehicles with particulars of how all such areas,
whether inside or outside the shed, are to be provided with flooring, drainage,
bunding and facilities to prevent the escape of polluted wash water or other liquids tothe environment with specification as to how such liquids are to be stored, treated or
disposed of;
i. the boundaries and dimensions of the site;
j. construction details of all drainage works, driveways, vehicle parking and standing
areas; and
k. a landscape layout plan to include locally indigenous tree and shrub species designed
to provide effective visual screening or softening of the view of the part of the land
utilised in connection with the cartage contractors depot from the road by rendering
it a filtered view with specification of the type, species and size at maturity of
plantings plus any associated works in relation to the draining, irrigation protectionand maintenance of landscaping. A landscape buffer strip 20 metres wide along the
southern and northern boundaries with a 10 metre wide strip to be planted along the
eastern boundary;
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l. The construction of all recommendations of the Traffic Impact Assessment Report
prepared by Trafficworks dated 12/05/2016 and all to the satisfaction of the
Responsible Authority. These are:
Recommendation 1: That an access be constructed from the subject site to
Ryans Access in accordance with the Indigo Shire Councils’ Infrastructure Design
Manual standard drawing SD265, Typical B Double Vehicle Crossing (Rural
Entrance).
Recommendation 2: That a Type BAR right turn lane treatment be provided at the
Indigo Creek Road / Ryans Access Road Intersection. Please note that
recommendation 2 will also require a widening on the north side of the Indigo Creek
Road and that the entrance into the site from Ryans Access Road will require
substantial works to Ryans Access Road. These works will need to be funded by the
applicant prior to commencement of the proposed use.Recommendation 3: That the intersection of Indigo Creek Road and Ryans
Access Road be checked with swept path movements for B-Doubles to
demonstrate no conflicts between opposing movements.
If any deficiencies are identified as a result of Recommendation 3, then the
intersection of Indigo Creek Road and Ryans Access Road must be upgraded to
the satisfaction of Indigo Shire Council.
The new access will be sealed, and therefore the short length of Ryans Access
Road to the intersection with Indigo Creek Road will also need to be sealed,
which will also assist with dust suppression.Recommendation 4: That Ryans Access Road be sealed between the access to
the subject site and Indigo Creek Road to the satisfaction of Indigo Shire Council.
Recommendation 5: That the provision of light vehicle parking shown on the
site plan be increased to 17 parking spaces.
Recommendation 6: That the provision of truck vehicle parking shown on the
site plan changed to cater for B-Doubles, and that swept path movements are
checked to confirm that all heavy vehicles can manoeuvre in a forward direction
when entering and exiting the bays.
2 The approved use of the subject land is to be carried on within the areas indicated for
such use on the endorsed plans and in accordance with the specifications for
particular activities on the endorsed plans which plans are not to be modified or
altered without the written consent of the Responsible Authority.
3 Landscaping in accordance with the landscape plan approved as part of the endorsed
plans is to be established within 3 months of the use commencing and maintained to
the satisfaction of the Responsible Authority and trees or bushes planted or indicated
as being retained that die are to be replaced to the satisfaction of the Responsible
Authority;
4 Except with the consent of the Responsible Authority not more than 15 prime movers
and 15 trailer units (either B double or semi trailers) connected with the business are
to be kept on the land at any one time.
5 Except with the consent of the Responsible Authority maintenance works on vehicles
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must only be carried out between 7am and 6pm Monday to Saturday.
6 No panel beating is to be carried out.
7 No vehicle maintenance or repairs are to be carried out (except in an emergency) on
vehicles or machinery unless it is normally kept, garaged or stored on the land and
owned or controlled by the operator of the land use in connection with the cartage
contractor business.
8 No washing, maintenance or repair of vehicles unconnected with the land use is to be
carried on upon the land and no such work is to be carried on for payment or reward
although the operator may pay workers or contractors to carry out such work for the
operator on vehicles kept and used for the land use hereby permitted.
9 The use hereby permitted and the processes carried on, the materials used and
stored, machinery employed and transportation of materials, goods and commodities
to and from the premises must not create a nuisance or cause injury to or
prejudicially affect the amenity of the locality by reason of the appearance of the land
or the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
dust, waste water, waste products, grit, oil or the presence of vermin or otherwise.
10 Goods, equipment, machinery, vehicles and the like are not to be stored or left
standing on the road reserve along its length where it fronts the land whether or not
such goods are for sale.
11 No outdoor advertising signs or other notices or graffiti are to be displayed or allowed
to remain on the road reserve or visible to passing traffic except with the consent ofthe Responsible Authority.
12 All external lights must be limited in intensity and baffled to the satisfaction of the
Responsible Authority so that no nuisance is caused due to direct light or glare
emitted from the site.
13 The surface of vehicle parking or standing areas are to be compacted or treated to
the satisfaction of the Responsible Authority to suppress the emission of dust beyond
the curtilage of the land.
14 The external colouring of the walls and roof of the existing shed used in connection
with the land use hereby permitted as they were at the time of the grant of this
permit is not to be changed except with the consent of the Responsible Authority
with any new colour to be subdued colours such as subdued greens, greys or browns
to the satisfaction of the responsible authority.
15 The vehicle driveway and crossing to the carriageway must be maintained to the
satisfaction of the Responsible Authority.
16 No public address system or system for amplifying sound is to be operated so as to be
audible beyond the site.
17 The area of the land used or to be utilised in connection with the use hereby
permitted is to be drained to the satisfaction of the Responsible Authority and such
drainage is to be maintained to the satisfaction of the Responsible Authority.
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1. Summary
2. Details of proposal
3. Basis of recommendation
4. Relevant Planning Policy
5. Notification/Referral
6. Discussion of submissions
7. Conclusion
SUMMARY
Application
number:
16-0035
Applicants: Mr Phil & Mrs Jacki Carter
Subject
land:
CA 1 Section 2, Parish of Barnawartha South known as 94 Indigo Creek Road
Indigo Valley
Location Map
Proposal:
The application is for approval to build and operate a cartage contractors depotat 94 Indigo Creek Road Indigo Valley. For the information of Councillors the
proposed depot would be a similar (although larger) operation to the applicants
current site at 687 Chiltern Barnawartha Road Barnawartha. The applicant has
informed Council that should approval be granted for the “new” site he will
cease using the Chiltern Barnawartha Road site for his operations.
(NB – the permit issued to 687 Chiltern Barnawartha Road does however
remain live)
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Proposed site plan
Land area: The total site area (i.e.94 Indigo Creek Road) is 20.46 ha. The area of the site
involved in the proposed use is approximately 2 ha.
Current use: Low intensity grazing with a dwelling on site.
Surrounding
Land use:
The site is bounded by Frying Pan Creek to the west, a grazing property to the
south, Indigo Creek Road on the eastern boundary and Ryans Access Road on
the north side. The local area generally is used for rural proposes.Zoning and
Overlays:
The land is zoned Farming. There are no Overlays.
PermitTrigger:
Clause 35.07 (FZ): Section 2 Use “any other use not in Section 1 or 3” See Indigo SC v Carter [204] VCAT 1273
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DETAILS OF PROPOSAL
Plan is attached (Attachment 1)
The applicant proposes to construct a shed and associated hard stand area to act as a
workshop and parking area for up to 14 truck and trailer combinations.
The anticipated usage (movements to and from the site) is described in the applicants
submission as:
The proposed shed will be constructed of Colorbond and is 20m x 30m in size and is
proposed to be set back 20 metres from the Indigo Creek Road.
Access to the shed/hard stand area was originally proposed directly off the Indigo
Valley Road but following Traffic Engineering Consultant (TEC) advice it is now
proposed that the trucks would turn off the Indigo Valley Road into Ryans Access Road
and then into the property.
The hard stand area will be approximately 8900m² in size and be constructed of gravel
(similar to the applicants existing site in Chiltern Barnawartha Road).
BASIS OF RECOMMENDATION
The site is 20.46 ha in size and is currently developed with a dwelling and several small
sheds. The site is basically flat and abuts the Frying Pan Creek at the rear. The site is
currently used for “low scale” grazing. There is no native vegetation (or indeed any
trees) on the land proposed for use as the depot.
The recent VCAT decision about 687 Chiltern Barnawartha Road provides guidance
about these types of non-farming uses in rural zones.
The land is zoned Farming (as are the surrounding properties) and there are no
Overlays. The objectives of the zone and relevant decision guidelines (from the Indigo
Planning Scheme) are attached (Attachment 2).
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The Zoning of the land is Farming. To quote from the decision of VCAT in Indigo SC v Carter
(No. 2)
Farming pursuits are to be expected, accepted and tolerated. Such pursuits, evenon smaller allotments, can involve the presence of animals, machinery, farm
work, vehicles and buildings like large sheds that affect amenity, and in particular
residential amenity, that would not be acceptable in residential zones.
Officers believe that the activity on site will, for most of the week, be at a fairly low level –
indeed similar to the operation of a large modern farm. Saturday will be the busiest day on
site with all the trucks returning to the depot and maintenance being carried out however
no maintenance will be performed after 7pm or before 6am (conditions applied).
Officers believe that the amount of noise that will be heard offsite during night hours will be
minor and partially offset by the distances to the nearest houses. The closest house isapproximately 250 metres away from the shed and all but one of the 4 closest houses are
closer to the freeway than the proposed shed and parking area.
A condition has been recommended to change the location of the shed so that its closest
side to Ryan Access Road would be approximately 70 metres and its set back from Indigo
Creek Road would be 70 metres.
Map showing 4 closest dwellings
RELEVANT PLANNING POLICY
Planning Scheme Decision Guidelines
The Decision Guidelines (DG) for the Farming Zone are as shown in attachment 2.
Extracting the relevant critical elements from the DG officers believe that the critical tests tobe applied to this proposal are:
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Capability of the land to support the use
Whether the site is suitable and the proposed use compatible with adjoining uses
Whether the proposal supports/enhances agricultural production Impact of development on visual impact
Traffic Management measures
Officers comments on these 5 tests are as follows:
Capability – The site is large and well able to accommodate drainage. There will be no
removal of native vegetation nor are significant earthworks required.
Site Suitability – The location of the site almost adjacent to the Hume Freeway (and
Barnawartha access ramps) would seem to be a logical potential site for a cartagecontractors depot. The proposal is not a transport depot (which would involve the
loading/unloading of freight) but rather is a facility that will be vacant for most of the time.
The site will be at its busiest during daylight hours on Saturday.
Effect on agriculture – The proposal will remove up to 2 ha (hard stand, access ways and
landscaping) from the site 20.46 ha. The current use of the site is for low intensity grazing.
The proposed depot use whist obviously not adding to agricultural outputs will not in any
significant measurable way lead to a change in the sites current agricultural output.
Visual impact – the proposed use will be highly visible from the Indigo Creek Road and some
surrounding properties. Large sheds and hard stand areas are part of the farming landscape
and may properties have similar large shed complexes. A permit condition has been
imposed to move the shed further away from the east and north boundaries. This will have
the effect of increasing the shed setback from the nearest neighbours and decreasing its
impact on visual amenity..
Traffic Management – the TIAR commissioned by Council recommends certain measures.
These have been incorporated into the permit conditions.
NOTIFICATION The proposal was advertised to neighbours, a notice placed on site and an
advertisement was placed in the local papers. 7 submissions were received and a
Focus Meeting was subsequently held on 31 March 2016 at the Barnawartha Memorial
Hall. 14 local residents attended the meeting. (see Attachment 4 for copies of
objections).
Following the Focus Meeting traffic engineering advice was sought. This material was
later circulated to those residents who had already made a submission.
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Safety
The main concern about safety was expressed in one submission as:
“The Council will have to install a turning lane to our property as the B doubles will just
run over the top of us if they are behind us as they come off the freeway with such
speed.”
Concern has also been expressed about:
Trucks pulling out from the site when there is heavy fog in the area;
Whether the Ryans Access Road/Crosses Road intersection is safe;
Whether there is sufficient distance between driveways;
Concern as to whether the safely of the school bus that passes the site would be
affected;
Drivers that speed.
Commentary
In view of these concerns and various comments made at the Focus Meeting an expert
traffic engineering report (from the company Trafficworks who have been previously used by
Council) was commissioned. A full copy of the Traffic Impact Assessment Report (TIAR) is
attached (Attachment 3) and the Executive Summary is reproduced below:
Assessment Report (TIAR) of the proposed cartage contractors depot along the
western boundary of Indigo Creek Road, 400m south of the Barnawarthainterchange of the Hume Freeway.
The primary aim of this assessment is to review proposed access arrangements
from the development to Indigo Creek Road to ensure a safe and functional
environment is provided for all road users whilst minimising the impact on traffic
travelling along the arterial road.
This TIAR outlines the estimated traffic volumes the proposed development may
generate, and assesses the impact of these vehicle movements on the
surrounding road network.
The key findings of this assessment are that:
Sight distance requirements are satisfied at the proposed development
access with Indigo Creek Road.
The proposed access to the subject site should be via Ryans Access Road
and not directly to Indigo Creek Road.
The design of the internal site layout requires updating to provide for B-
Double movement and parking.
It has concluded that there are no traffic engineering reasons that would prevent
the development from proceeding, subject to a number of design matters being
addressed as summarised in Section 5 of this TIAR.
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The report examines issues such as sight distance, trip generation rates, impacts on the
existing road, turn treatments and access arrangements. The consultant has also reviewed
the management of trucks and cars within the site. It should also be noted that the section
of Indigo Creek Road from the Hume Freeway to Plemings Road is currently gazetted for use
by B Double transport. The recommendations from the report are as below
Recommendation 1: That an access be constructed from the subject site to
Ryans Access in accordance with the Indigo Shire Councils’ Infrastructure Design
Manual standard drawing SD265, Typical B Double Vehicle Crossing (Rural
Entrance).
Recommendation 2: That a Type BAR right turn lane treatment be provided at
the Indigo Creek Road / Ryans Access Road Intersection.
Recommendation 3: That the intersection of Indigo Creek Road and Ryans
Access Road be checked with swept path movements for B-Doubles to
demonstrate no conflicts between opposing movements.
If any deficiencies are identified as a result of Recommendation 3, then the
intersection of Indigo Creek Road and Ryans Access Road must be upgraded to
the satisfaction of Indigo Shire Council.
The new access will be sealed, and therefore the short length of Ryans Access
Road to the intersection with Indigo Creek Road will also need to be sealed, which
will also assist with dust suppression.
Recommendation 4: That Ryans Access Road be sealed between the access to
the subject site and Indigo Creek Road to the satisfaction of Indigo Shire Council.
Recommendation 5: That the provision of light vehicle parking shown on the
site plan be increased to 17 parking spaces.
Recommendation 6: That the provision of truck vehicle parking shown on the
site plan changed to cater for B-Doubles, and that swept path movements are
checked to confirm that all heavy vehicles can manoeuvre in a forward direction
when entering and exiting the bays.
Please note that recommendation 2 will also require a widening on the north side of the
Indigo Creek Road and that the entrance into the site from Ryans Access Road will requiresubstantial works to Ryans Access Road. These works will need to be funded by the
applicant prior to commencement of the proposed use.
Officers have carefully reviewed the points raised by submitters and requested the
consultant ensure that the proposed access arrangement will comply with all relevant design
and safely requirements. The consultant has explained, in the report at section 3.2, that the
busiest times for access/egress to the site will occur on weekends and that the traffic counts
for the Indigo Creek Road show that the Saturday morning peak (from 7.00am to 8.00am)
has 40 vehicles per hour (20 northbound, 20 southbound). This is approximately a 30%
reduction in traffic volumes compared to the weekday average.
On balance officers believe that the proposed use of the site can, with the amendments asrecommended in the TIAR, provide a safe entry and exit arrangement.
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Officers believe that the noise created by vehicle movements during the day will be an
insignificant increase on the background noise and that the total number of movements
between 6pm to 6am are extremely low. Similar activities might be expected on a large
modern farm.
CONCLUSION
This proposal has provoked significant local concern and opposition. This is understandable
as everything about the scale of the proposal is large – the shed size, the hard stand area,
the vehicles themselves and the scale of the operation.
The objectors have focussed their submissions on 3 themes:
Is the use appropriate for the site
Is the proposal “safe”
The effect of the proposal on the local area
Officers believe that the recent VCAT decision about 687 Chiltern Barnawartha Road
provides guidance about these types of non-farming uses in rural zones. The physical form
of the development will not be dissimilar to a large modern farm and whilst it will be
different from the sites current appearance it is a use/development permissible in the zone.
The TIAR commissioned by Council has made various recommendations – which will have a
cost impact on the applicant – that will ensure that the proposed access arrangements meet
relevant standards and are as safe as is reasonably possible.
The development will have some noise impact on the neighbourhood but officers think thatthis will be of minor impact particularly after usual working hours.
The recommended conditions increase the setbacks by 3-4 times more than the applicant
has proposed. This will help decrease the visual impact of the shed and surrounding hard
stand area and increases the distance between the shed and the 4 closest houses.
In summary officers have recommended approval, subject to conditions because:
Logical location for the proposed use
Minor impact on adjoining properties
Any safety issues addressed by conditions
Relatively minor impact on noise levels in local area given proximity to Hume Freeway.
NB. All parties are advised that the recommendation on this application has been made
independently of any consideration about the future use of the applicants current operation
at 687 Chiltern Barnawartha Road, Barnawartha.
The permit issued for 687 Chiltern Barnawartha Road is “live” and could be utilised by
another operator should the current owners sell (or lease) the property.
Attachments
1.View Proposed Site Plan
2.View Clause 35.07 - Farming Zone3.View Trafficworks TIAR
4.View Objections (excluded from agenda)(Confidential)
http://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDFhttp://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDFhttp://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDFhttp://localhost/var/www/apps/conversion/tmp/scratch_1/OC_31052016_ATT_EXCLUDED.PDF
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11.3 REQUEST TO REMOVE HERITAGE OVERLAY, 236 MAIN STREET RUTHERGLEN.
File No: 2016/340Kath Oswald - Town Planner Development & Planning
For Decision
RECOMMENDATION
That Council not support the request to remove the Heritage overlay from 236 Main Street,
and advise the landowners.
INTRODUCTION
A request