MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council · 7. REPRESENTATIONS . Item 10.2.1 - P117/17 3 Collopy Street, Mansfield – Microbrewery • Mr Tom Walsh • Ms Ellen Hogan

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MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council MANSFIELD SHIRE

MINUTES

TUESDAY, 20 MARCH 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

5.00PM

CONTENTS 1. OPENING OF THE MEETING............................................................................................... 3

2. STATEMENT OF COMMITMENT ........................................................................................ 3

3. ACKNOWLEDGEMENT OF COUNTRY ............................................................................... 3

4. APOLOGIES.............................................................................................................................. 3

5. CONFIRMATION OF MINUTES ........................................................................................... 4

6. DISCLOSURE OF CONFLICT OF INTERESTS .................................................................. 4

7. REPRESENTATIONS .............................................................................................................. 4

8. NOTICES OF MOTION ........................................................................................................... 4

9. MAYOR’S REPORT .................................................................................................................. 5

10. OFFICER REPORTS ............................................................................................................... 8

10.1 DEPARTMENTAL REPORTS ...................................................................................... 8

Attachment 10.1 ................................................................................................................ 9

10.2 DEVELOPMENT SERVICES ..................................................................................... 28

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery .................................... 28

Attachment 10.2.1 ........................................................................................................... 61

10.2.2 P159-17 DA6777 - 37 Redgum Drive Mansfield - 2 Lot Subdivision and Buildings and Works Associated with the Construction of 2 Dwellings Contd...................................................................................... 73

Attachment 10.2.2 ........................................................................................................... 91

10.2.3 P001-18 DA6866 - 95 Stoneys Road Mansfield - Earth and Energy ResourcesIndustry (Extraction of Clay) ................................................. 125

Attachment 10.2.3 ......................................................................................................... 142

10.2.4 Amendment to Kareen Hills Estate Development Plan (Lot K, PS722992) 144

Attachment 10.2.4 ......................................................................................................... 170

10.3 EXECUTIVE SERVICES ........................................................................................... 181

10.3.1 Submission on the Local Government Act Bill – Exposure Draft ............... 181

Attachment 10.3.1 ......................................................................................................... 187

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Unconfirmed - for Cl Minutes

Mansfield Shire Council – Ordinary Meeting of Council: 20 March 2018

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10.3 EXECUTIVE SERVICES CONT. .............................................................................. 205

10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson ......................... 205

10.3.3 Auspice Arrangements Policy ........................................................................ 212

Attachment 10.3.3 ......................................................................................................... 214

10.3.4 Fraud Prevention and Control Policy ........................................................... 227

Attachment 10.3.4 ......................................................................................................... 229

10.4 ENGINEERING & WORKS ...................................................................................... 255

10.4.1 Special Charge Scheme – Intention to Declare - New Street (South), Mansfield ................................................................................................. 255

11. ASSEMBLIES OF COUNCILLORS ................................................................................... 263

12. ADVISORY AND SPECIAL COMMITTEE REPORTS ..................................................... 265

12.1 Mansfield Shire Environment Advisory Committee: Minutes of Meeting ............... 265

12.2 Mansfield Shire Audit and Risk Advisory Committee: Minutes of Meeting ............. 265

12.3 Mansfield Parks and Precincts Advisory Committee: Minutes of Meeting .............. 265

Attachment 12 ............................................................................................................... 267

13. AUTHORISATION OF SEALING OF DOCUMENTS ...................................................... 317

14. PUBLIC QUESTION TIME ................................................................................................. 317

15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC ......................................... 317

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16. CLOSE OF MEETING..........................................................................................................318


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MINUTES

TUESDAY, 20 MARCH 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

5.00PM

1. OPENING OF THE MEETING The Mayor, Cr Volkering, opened the meeting at 5.01pm.

Councillors: Marg Attley Tolmie Ward Peter Olver Mansfield Ward Paul Volkering Mansfield Ward Cr Paul Sladdin Bonnie Doon Ward Chief Executive Officer: Alex Green Community Services Manager: Melanie Hotton Finance Manager: Mandy Kynnersley Senior Civil Engineer: Paul Valente Senior Strategic Planner: Kathy Richardson Statutory Planning Team Leader: Steven Hicks Statutory Planner: Jack Francis

2. STATEMENT OF COMMITMENT

The Councillors affirmed the following Statement of Commitment: “We the Councillors of Mansfield Shire / declare that we will undertake on every occasion / to carry out our duties in the best interests of the community / and that our conduct shall maintain the standards of the Code of Good Governance / so that we may faithfully represent / and uphold the trust placed in this Council by the people of Mansfield Shire.”

3. ACKNOWLEDGEMENT OF COUNTRY

The Councillors affirmed the “Acknowledgement of Country” for the Mansfield Shire Council: “Mansfield Shire Council recognises that indigenous people have been custodians of this area for generations. We acknowledge the living culture and unique role of Taungurung people in our region.”

4. APOLOGIES

Cr Harry Westendorp, Jamieson Ward

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5. CONFIRMATION OF MINUTES

Councillors Olver/Attley: That the Minutes of the Mansfield Shire Council meeting, held on 20 February 2018 be confirmed as an accurate record.

Carried 6. DISCLOSURE OF CONFLICT OF INTERESTS

Nil. 7. REPRESENTATIONS

Item 10.2.1 - P117/17 3 Collopy Street, Mansfield – Microbrewery · Mr Tom Walsh · Ms Ellen Hogan · Ms Robbie Noonan (representing 13 objectors) Item 10.2.2 - P159-17 DA6777 - 37 Redgum Drive Mansfield - 2 Lot Subdivision and Buildings and Works Associated with the Construction of 2 Dwellings

· Mr Leroy Wilks · Mr Ben Willick · Ms Ellen Hogan

8. NOTICES OF MOTION

Nil.

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9. MAYOR’S REPORT The Mayor, Councillor Paul Volkering, presented the monthly Mayor’s report to

the Council as follows:

Most residents and rate payers will be aware now of significant issues impacting Waste Management Services now spreading across Victoria, but significantly impacting some smaller communities near the Macedon Ranges. I’m pleased to report that Council officers have been working hard with our contractors to ensure continued uninterrupted service for Mansfield. The community is encouraged to continue to treat their waste as normal and to continue to recycle. The end of the summer months has once again reminded us that climate change is well and truly a phenomenon, with another hottest summer on record. In retrospect this last summer was not typical, in that we had a massive deluge of rain just prior to Christmas, with further steady rains in between. However, summer didn’t escape without reminding us yet again, that it is generally a dry period of low rainfall and hot temperatures, as demonstrated throughout February and into the early part of March. Let’s hope that we get a break soon and that we get some much-needed rain to freshen up the countryside and to refill our dams. Of course, the recent spate of weather has only heightened sensitivities around the perennial problem of dust on many of our local roads. It would be nice to be able to report that a miracle cure for this nuisance had been discovered. I’m afraid however, that there is no magical cure and the only way that the dust is going to disappear, is if we get the previously mentioned rain. One of my aims as a Councillor and more so as Mayor has been to raise awareness within our community of the need to have more people prepared to stand for election at the next Local Government Elections, which are still a couple of years away, but will be on us in a “heart beat”. I’m particularly keen to see more women become involved in local government as it is currently over-represented by males; timely given we’ve just acknowledged International women’s day on 8 March. We have such a wonderfully capable community, with many members having additional time available to give something back to the community. For me, the time I’ve had on Council thus far has been very challenging, but I’ve been very humbled by the capacity, dedication and commitment of my fellow Councillors, however, we need a healthy Shire Council and that can only come from a good mix of experience and new members. So, I do encourage members of the Mansfield community to step up, particularly women, and consider a role in local government.

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9. MAYOR’S REPORT CONT. Similarly, I’m particularly pleased to see that the Victorian Government has committed significant funding into Rural and Regional areas to support programs directed toward prevention of violence against women. Domestic violence cannot be tolerated and is a current scourge on our society, so we all once again need to take responsibility and ensure that we send a strong message to the community, that domestic violence is not acceptable and to encourage those currently dealing with it, to seek help and support. The funding provided by State Government is there to help and support communities like ours, where domestic violence happens. I commend State Government on this initiative. It was my extreme privilege to once again to be a guest at the Courier Sportsperson of the Year Awards. Hayley Wilson took out the Major Award again, but fittingly the Administrator of the Year went to David Foster. David’s quiet manner belies his commitment to his club, Delatite Cricket Club and also to his community. I had the honour to sit beside Mrs Pat Gardiner, whose family were instrumental in creating the Sportsperson Awards here in Mansfield. Congratulations to all those nominees and eventual winners as well as those, especially the Rotary Club and Mansfield Courier, for Sponsoring and organising the event. The last month has been busy once again largely due to close examination and work that has commenced around our 2018/2019 Budget. My sincere thanks to Councillors for their positivity and capacity to meet with members of respective communities and interest groups within the Shire, encouraging them to become involved in the budget process and wherever necessary to consider a budget submission. We continue to grapple with heighten expectations from residents who live along some of our dusty roads. We recently conducted a meeting with local residents living on Rifle Butts Rd, where there has been significant development over many years. Unfortunately, upgrading of the road has not kept pace with development, resulting in increased concerns about safety, amenity and access for local residents. Council is also trying to find funding either within our forward budgets or from some external source in order to audit our trees both here in Mansfield, but also in some of our smaller communities. Local Mansfield residents will be aware that one of the older Elm trees on the corner of High St and Highett St recently fell over and had to be removed. Looking around town as our “works crew” often do, one can see that many of our beautiful trees around the entire Shire are under significant stress, another more visible impact of climate change.

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9. MAYOR’S REPORT CONT. I’m no arborist, but our trees are only so resilient and there comes a time when they simply cannot be sustained any longer. Despite the best efforts of our Parks and Gardens crews, many of our local trees are in a very unsatisfactory condition. This issue has prompted our Engineering team to seek funding within the forthcoming Budget to audit our trees which will show that we need to start planning for replacement and “regreening” of our town and smaller town’s trees. Local residents would also be aware that many of the larger Pine trees are under stress, due we believe, to a disease impacting that Pines and Conifers. Council is involved in several “networks”, all of whom advocate for Local Councils, which then link into both State and Federal Government funding streams. The Hume Region Local Government Network (HRLGN) is the one such Network and questions are being raised both by myself as Mayor, but also by other Councils and Mayors about the effectiveness of this Network in terms of outcomes. There’s no point belonging to groups if at the end of the day, there are no outcomes, which is simply a waste of valuable time. I value the opportunity to be kept informed about a whole range of things important to our Shire, that might be coming our way or that we need to know about, but not if there are few outcomes that bring benefit to our broader community. As mentioned we are entering our 2018/19 Budget planning and discussions. The community consultation process won’t be as extensive as last year as forward estimates and the impacts of decisions made in relation to the 2017/18 budget are bedded down and outcomes from that begin the trickle down. Community budget submissions will take place and members of the community are encouraged to get involved and prepare a budget submission if necessary. It should be clear to the community by now, that we are now operating in a “rate capping” environment, which means we are trying to do more with less. This non-sustainable State Government policy is directly impacting smaller rural Shires more than any other sector of local government, so we are under significant pressure to continue to provide a wide range of services, yet revenue is artificially controlled by a number of factors including the current rate capping policy and inequitable support from State Government and other funding bodies. On a more positive note, it is great to see the new Mansfield Plaza open and congratulations to them for demonstrating their commitment to the business and economy of Mansfield. I had a self-conducted tour in the new location the other day and it will be a great addition to the Mansfield Shopping scene.

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9. MAYOR’S REPORT CONT. As this report is prepared, we were expecting upwards of a thousand people to head into Wonnangatta Station in the High Country this weekend to help commemorate the murder that took place there 100 years ago. We hope the weekend went safely and that those participating enjoyed the opportunity to come together and remember this sad event and time, yet in such a beautiful place. Paul Volkering Mayor

Councillors Attley/Sladdin: That the Mayor’s report be received.

Carried 10. OFFICER REPORTS 10.1 DEPARTMENTAL REPORTS

File Number: E103 Responsible Officer: Chief Executive Officer, Alex Green Introduction Departmental reporting allows a short briefing to be provided to the Council on the current operations, tasks and projects undertaken within each Department over the past month. The Chief Executive Officer presented the monthly Departmental reports to the Council, as follows:

· Development Services · Engineering and Works · Executive Services · Corporate and Organisational Development · Finance Councillors Attley/Olver: That the monthly Department reports be received.

Carried

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ATTACHMENT 10.1

DEPARTMENTAL REPORTS

(18 PAGES)

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Mansfield Shire Council – Corporate and Development Services Departmental Report

Information Services - Page 1 of 2

Corporate and Development Services February 2018

INFORMATION MANAGEMENT

Wastewater data has been loaded into the live system, and the system is now in operation. Most configuration work has been completed, however more will be required as the system is put into use. Quotes for replacement of the office PABX and phone system have been received. A decision has been made to move forward with a Cloud-based IP phone system, which can be undertaken with a minimal increase in overall phone costs whilst increasing flexibility, reliability and long-term stability significantly.

CUSTOMER SERVICE Customer Service continues to have a steady run of enquiries and counter visits. The 3rd quarter rates instalment was due on 28 February 2018, resulting in queries and a substantial portion of time spent processing payments. The records and customer service team have continued to work together to provide services.

RECORDS Records have almost completed assembling the required information for the External Records Audit which will occur on 28 March 2018. The required information for the Records Audit will be uploaded to the Audit system when it becomes available. The Rates back-scanning project, addressing archival paper-based rates information currently held in filing cabinets, is still continuing.

One of our Records Officers attended the Records Information Management Professionals Australasia (RIMPA) Local Government Chapter Meeting on the 16 February 2018 at Banyule City Council.

CUSTOMER REQUESTS CRMS statistics for the month show 221 customer requests registered with 161 open requests closed during the month. The majority of requests opened were for Field Services (42.5%) with Local Laws (25.8%) as the second largest group.

Department New

Events Events Closed Open

Pend’g

No Department

1 3 0 0

Aged & Disability Services

1 1 0 0

Customer Service & Records

2 2 1 0

Engineering 3 8 0 0 Environmental Health

1 1 1 0

Field Services 71 81 7 12 Local Laws 23 25 0 9 Planning & Environment

4 13 0 1

Risk & OHS 36 5 10 21 Waste 4 2 0 2 Total 146 141 19 45

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Mansfield Shire Council – Corporate and Development Services Departmental Report

Information Services - Page 2 of 2

INFORMATION TECHNOLOGY

The IT team is continuing with the rollout of new desktop PCs, replacing existing PCs that are over 5 years old. The rollout of the latest Lotus Notes version is largely complete, with only 4 staff still to be upgraded. The IT team has been working with Symphony 3 to provide data for the new website. A training room has also been set up with computers and WiFi to assist Symphony 3 in training staff on the new website. System upgrades have been planned for the servers to move to VMWare ESXi 6.5 and VSphere 6.5. This has required a SAN firmware upgrade, and considerable preparation. The ESXi upgrade is planned to take place out of hours over the 1st weekend in March 2018.

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Mansfield Shire Council – Development Services Departmental Report

Department - Page 1 of 9

DEVELOPMENT SERVICES DEPARTMENTAL REPORT MARCH 2018

ENVIRONMENT Goulburn Broken Local Government Energy Saver Program Ironbark Sustainability staff Ross McKirdy and Paul Brown, and Sustainability Victoria representatives Tom Brown attend the Environment Advisory Committee meeting to present a draft Corporate Emissions Profile and Reduction Plan report for Mansfield Shire Council. The draft report identified a number of cost saving and energy production opportunities for Mansfield Shire Council and recommended that these proceed to a business case phase. Items with a short payback period and minimal upfront investment are highlighted for consideration in Council budgets over the next two years. The Environment Advisory Committee and Council Officers from Development Services and Engineering provided feedback on the report and clarified information gaps. The final report is due to be submitted to Mansfield Shire Council by the end of the month. A briefing for Councillors on the report and a presentation from Sustainability Victoria has been scheduled for 1 May 2018. Youth Representation on Environment Advisory Committee The Environment Advisory Committee is pleased to welcome new representatives from the Mansfield Secondary College. Environment Officer Damien Gerrans attended the Mansfield Secondary College school assembly to invite student participation in the advisory committee. Students who had an interest environment issues and a willingness to drive

environment sustainability projects at the school were encouraged to nominate. Year 8 students Alicia Fox and Lily Christopher, and Year 12 students Max Sampson, Ethan Lee and James Gardiner attended their first advisory committee meeting on 16 February 2018. The students provided feedback to the committee on a draft street tree list as well as participated in discussions on the Local Government Energy Saver Program. The next Environment Advisory Committee meeting will be held on 27 April 2018. Goulburn Broke Greenhouse Alliance Meeting The Goulburn Broken Greenhouse Implementation Committee met in Benalla on 22 March 2018. The meeting was chaired by Cr Marg Attley. The meeting discussed ongoing projects such as the ‘Building the case for electric vehicles in regional council fleets’ project as well as opportunities for future funding bid and region wide projects. Scott McHenry, Executive Officer of the Eastern Alliance for Greenhouse Action presented a report to the group on ‘Electricity Procurement in the Victorian Local Government Sector’. The report discussed Green Energy procurement, Power Purchasing Agreements, Direct investment large scale renewables (especially solar), direct investment rooftop solar council facilities, facilitating community renewable energy, fit for purpose options for our Councils

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The group was reminded of the upcoming Electric Vehicle Forum at the Lakeside Community Centre, Benalla on Wednesday 21 March from 10am-12noon. Invitations have been forwarded to Councillors. The next meeting of the Greenhouse Alliance will be held on 23 May 2018.

STATUTORY PLANNING The team has recommenced monthly inter-departmental meetings between Engineering and Development Services. This provides a forum for discussion between engineering, statutory and strategic planning and environment officers. The intention is to focus on strategic infrastructure and development planning in achieving Council's objectives in larger scale subdivisions and developments. The Mansfield Planning Scheme has been recently updated through the implementation of a number of reforms to the Victorian Planning Provisions by the Minister for Planning as part of the Smart Planning Program. The suite of changes introduced in Amendment VC142 are designed to deliver improvements to the planning system including: • Removal of redundant or excessive

provisions and permit requirements for low impact matters.

• Clarification of unclear provisions and removal or relocation of some administrative requirements to reduce the complexity of planning schemes.

• Updated planning provisions to reflect the contemporary needs of businesses.

• Use of contemporary land use terms and removing out-of-date references, to ensure schemes are current.

A summary of the amendment changes can be found at: https://www.planning.vic.gov.au/__data/assets/pdf_file/0022/92218/VC142-summary-of-changes.pdf

WASTE A significant amount of time has been spent on understanding the impact of the ban of low grade recycled goods to China, which took effect in February 2018. Several teleconferences have been held with the Municipal Association of Victoria, who are spearheading the advocacy effort for councils to the State Government. A meeting was also held with Council’s receiver of recyclables from our shire, JJ Richards, who operate the materials recycling facility at Wangaratta. This is a fast moving issue and Council is yet to receive the details of an emergency funding package from the State government to assist councils to meet higher recycling costs while they renegotiate recycling contracts. Mansfield Shire is better placed than a number of other councils in relation to this issue as we have two contracts; one with Cleanaway for the kerbside collection and the other with JJ Richards to receive and process our recyclables. This means that we will not be in the position that some other councils are in where kerbside collection has ceased, or is being carried out and paid for on a day by day basis. A meeting with JJ Richards is scheduled for 15 March 2018 to start negotiations on a variation to our contract to reflect the price impacts of China’s decision.

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https://www.planning.vic.gov.au/__data/assets/pdf_file/0022/92218/VC142-summary-of-changes.pdf





We know that JJ Richards have installed plant over the past two weeks to improve the quality of their recyclables, which will ensure that any price increase is as low as possible. The Minister for Local Government has also provided a quick authorisation process for councils wishing to vary their contracts under procurement limits prescribed by the Local Government Act 1989. Mansfield shire has submitted an expression of interest for this exemption and is awaiting approval by the Minister.

LOCAL LAWS

The draft Domestic Animals Plan 2017-21 is currently on public exhibition and has been circulated in hard copy to outlying townships, the Mansfield Library and is also available on the Shire’s website. Posts have also appeared on our social media page. Work is continuing on the development of internal policies and procedures to ensure that the team implements all relevant legislation and Council policies in a consistent and legal manner. The use of a new laptop to help the Local Laws Officers record issues and complaints on the organisation’s Customer Request Management System (CRMS) has seen improvements in the recording of Officer actions and responses to customer requests.

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DEVELOPMENT SERVICES STATISTICS – FEBRUARY 2018

PLANNING Planning Applications Lodged for the Month

Type of Application Lodged

Use for outdoor recreational facility (mini golf) kiosk & storage and reduction in car parking 1

Use of land for a camp ground 1

Buildings & works (extension of dwelling) 2

Use & development for outbuilding 2

Development of dwelling (2 with outbuilding) 4

Buildings & works (earthworks) and outbuilding 1

Two lot subdivision 2 TOTAL

(includes combined applications) 13

Planning Applications Determined for the Month

Type of Application Determined

Development of dwelling (2 with outbuilding ) 4

Buildings and works extension to existing dwelling & outbuilding 2

Use and development of land for industry (laundry) 1

Two lot subdivision (boundary realignment) 1

Two lot subdivision, creation of easement, removal of easement 1 1

Applications withdrawn 1

TOTAL 10

Other Planning Consents & Enquiries

Development Plan 34 Lots Stoneleigh Road 1

Statement of Compliance 4

Secondary Consent (endorse amended plans) 3

Extension of time 3

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Certification Applications Lodged for the Month

Application No Date Lodged Type Location Application

Stage S116462P/18 07/02/2018 Certification two (2) lot

subdivision 85 HIGHTON LANE MANSFIELD VIC 3722

Under assessment

S116538A/18 02/02/2018 Certification 2 lot subdivision

22 PAXTONS LANE MANSFIELD 3722

Under assessment

S116686P/18 01/02/2018 Certification plan of consolidation

33 RIFLE RANGE ROAD JAMIESON 3723

Under assessment

S117282H/18 14/02/2018 Certification of consolidation

3395 MANSFIELD WOODS POINT ROAD JAMIESON VIC 3723

Under assessment

S117335T/18 14/02/2018 Certification two (2) lot subdivision

306 HARPERS ROAD BARJARG 3723

Under assessment

S117603V/18 20/02/2018 Certification two (2) lot subdivision

306 DEAD HORSE LANE MANSFIELD VIC 3722

Concurrent planning permit

Days Taken to Approve Planning Application

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL

1 - 30 days 3 1 4

31 - 60 days 5 3 8

Over 60 days 5 5 10 Withdrawn /

Permit not req. / Lapsed/Refused

4 1 5

Number of applications

finalised 17 10 27

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Delegated Planning Approvals

File No. Description Property Address

DA6871 Use and development of outbuilding 55 McMillan Point Drive Mansfield DA5532/7 Two lot subdivision, native vegetation

removal, removal of Easement 1, creation of carriageway easement

Mansfield Whitfield Road Mansfield The Grange

DA6742 Buildings and works for development of land for dwelling and outbuilding

160 Kiernans Road Bonnie Doon

DA6807 Development of dwelling (replacement) 2590 Mansfield Woods Point Road Howqua Inlet

DA5299 Buildings and Works (extension to existing dwelling and development of outbuilding)

349 Howqua River Road Howqua

DA6132 Use and development of land for industry (laundry)

1819 Mt Buller Road Merrijig

DA6723 Development and use for a dwelling 259 Blue Range Road Bridge Creek DA5369 Buildings and works (extension to existing

dwelling and carport), outbuilding 18 Bunstons Road Tolmie

DA6864 Buildings and works for development of dwelling, studio and outbuilding

33 Rifle Range Road Jamieson

DA5430 Two lot subdivsion - boundary realignment 219-221 Mt Buller Road Mansfield DA6637 Two (2) lot subdivision 156 Ashwin Road Macs Cove DA5433 Subdivision Two (2) Lots 2 Phillip Street Bonnie Doon DA6864 Certification plan of consolidation 33 Rifle Range Road Jamieson DA6877 Certification of consolidation 3395 Mansfield Woods Point Jamieson

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BUILDING

Monthly Comparative Value of Building Permits Lodged

2017-18 2016-17 2015-16

JUL $2,806,374 $1,239,521 $2,882,301

AUG $2,575,688 $3,028,490 $2,036,159

SEP $3,525,850 $3,283,640 $4,076,727

OCT $3,669,368 $3,087,059 $3,980,488

NOV $2,110,805 $2,840,190 $4,195,913

DEC $3,425,626 $1,287,616 $2,340,597

JAN $1,412,051 $4,662,701 $1,931,990

FEB $3,317,615 $3,473,971 $3,256,275

MAR $5,215,249 $3,259,043

APR $4,342,287 $2,648,340

MAY $3,247,878 $4,056,281

JUN $1,011,969 $3,462,222

TOTAL $22,843,377 $36,720,571 $38,126,336

Monthly Comparison of Permits Lodged for Dwellings

2017-18 2016-17 2015-16

JUL 7 7 3 3 10 10

AUG 7 14 11 14 5 15

SEP 8 22 9 23 12 27

OCT 9 31 10 33 12 39

NOV 5 36 6 39 9 48

DEC 7 43 5 44 6 54

JAN 3 46 9 53 5 59

FEB 9 55 10 63 11 70

MAR 9 72 9 79

APR 11 83 9 88

MAY 12 95 10 98

JUN 3 98 11 109

TOTAL 55 98 109

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Value of Building Permits Lodged with Council

Type Number Value

RESIDENTIAL (8 Urban 1 Rural) 9 $2,268,724

ALT & ADDITIONS 3 $762,511

DOMESTIC SHEDS & CARPORTS 5 $119,100

SWIMMING POOLS & FENCES 1 $72,280

COMMERCIAL & PUBLIC AMENITIES 1 $95,000

TOTAL COST OF BUILDING WORKS 19 $3,317,615

SEPTIC

Septic Applications Lodged, Approved and Issued for the Month

Applications Lodged Permits to Install Issued

Permits to Use Issued

JUL 5 5 7

AUG 4 9 6

SEP 6 4 3

OCT 5 3 2

NOV 2 5 6

DEC 6 6 6

JAN 3 3 4

FEB 5 5 9

MAR

APR

MAY

JUN

TOTAL 36 40 43

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Septic Applications Lodged

2017-18 2016-17 2015-16

JUL 5 5 5 5 8 8

AUG 4 9 8 13 7 15

SEP 6 15 4 17 15 30

OCT 5 20 8 25 7 37

NOV 2 22 7 32 5 42

DEC 6 28 5 37 8 50

JAN 3 31 2 39 3 53

FEB 5 36 4 43 7 60

MAR 12 55 2 62

APR 6 61 5 67

MAY 6 67 3 70

JUN 6 73 5 75

TOTAL 36 73 75

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Mansfield Shire Council – Ordinary Meeting of Council: Engineering and Works Department Report

Engineering and Works - Page 1 of 4

ENGINEERING AND WORKS DEPARTMENT REPORT February 2018

CAPITAL WORKS

The underground drainage and kerb replacement project in Apollo St undertaken by Alpine Civil is nearing completion.

The road resealing program is well underway with 90% of the work completed by Sprayline. The rural road resheeting works awarded to Alpine Civil have commenced and are expected to be completed in March. The Chenery Street footpath (between Ailsa and Hunter St) has been constructed by JDD Concreting, completing the concrete walkway from Malcolm to High Street.

The landfill rehabilitation project is well underway. The contractor James Excavations has re-leveled the existing waste surface as per the EPA approved design. The most significant component of the project – the installation of the clay cap - will be completed in March.

FIELD SERVICES Major works for the month:

• The cleaning of the bins and the butt bins in the CBD every 2 weeks.

• Remove trees on rural roads. • Seal road potholes in Mansfield

Township • Toilet maintenance in Mansfield,

Bonnie Doon and Merton. • Grading Bonnie Doon, Macs Cove,

Howqua, Jamieson, Maindample, and Merrijig areas.

• Maintenance at the pool • Dig out road repair on Paps lane • Remove rubbish from Old Tolmie Rd. • Pot hole Chapel Hill Rd and Adams Ln • Drainage maintenance at the third oval • Maintenance work at the dog pound

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• Footpath maintenance at the Botanic Park and Goughs Bay

Wayne Britton on unsealed footpaths in Goughs Bay Minor Works for the month:

• Maintenance and reporting of play

grounds • Vandalism is still happening with a few

hours a week spent straightening or replacing signs.

• Sealed road maintenance, • Road signs and drain cleaning in

Mansfield, Bonnie Doon and Jamieson • Install and remove banners at the start

of High Street • Street sweeper in Mansfield, Jamieson

and Bonnie Doon • Working to complete CRMS issues • Staff training

Sealed road works on Paps lane Plant Hours: Combined, three Graders operated for 246 hours throughout the month of February.

PARKS & GARDENS Major works for the month: Mansfield

• Manual operation of temporary irrigation pump system at Additional Playing Field.

• Continue clean-up of hazardous trees after recent storms.

• Pruning street trees for pedestrian and vehicle clearance.

• Re mulching all garden beds (see photos)

• Weed control. • Relocate several crepe myrtle nature

strip trees for footpath construction. • Bi annual Tree vaccinations to protect

Elm, Ash, Oak and Plane trees. • Prune large Pine Trees on Malcolm

Street near Golf Course for pedestrian access.

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Irrigation on extra sporting field

• Jamieson. Mowing and brush cutting of river reserves and township

• Macs Cove. Mowing and brush cutting public reserves.

• Goughs Bay. Mowing and brush cutting lakeside reserves and walking path areas. Slashing large reserves.

• Maindample. Mowing Public Park. • Merton. Mowing and brush cutting

public reserves and roadside areas. • Bonnie Doon. Mowing and brush

cutting public reserves.

Matt Comerford and Hannah Blondell mulching garden beds in the Main Street.

Minor Works for the month: • Fence repair after falling limb damage. • Daily rubbish pick up walk through in

Mansfield. • Regular scheduled rail trail

maintenance • Regular scheduled garden rounds. • Regular scheduled mowing rounds.

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Matt Comerford hard at it.

TRAINING, STAFF NEWS, GENERAL UPDATES Depot Admin Officer, Tony Morse, recently completed an ‘Introduction to Local Government’ course in Wangaratta.

CEMETERY There were only two interments at Mansfield Cemetery during February.

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Mansfield Shire Council – Executive Services Department Report

Executive Services - Page 1 of 1

EXECUTIVE SERVICES DEPARTMENTAL REPORT March 2018

COUNCIL PLAN REVIEW In accordance with section 125 of the Local Government 1989, councils are required to review their Council Plan at least once every financial year. The Mansfield Shire 2017-21 Council Plan is one of a number of strategic documents that inform our day to day work and service delivery. Many of the strategies within the Plan were developed in consultation with our community. Council officers are currently undertaking the yearly review of the Plan. It will be presented to the Council in April 2018 and will placed on public exhibition with an invitation for the community to make submission prior to its adoption in June 2018.

DRAFT LOCAL GOVERNMENT BILL A submission is being compiled by Council in response to the State government’s release of a draft new Local Government Act. This new piece of legislation provides the core powers and responsibilities for councils across Victoria and seeks to replace an Act created in the 1980s. Our submission is being informed through attendance by Councillors and officers at various information sessions and discussion forums. The final draft submission will be presented to this current meeting.

COUNCIL POLICIES Auspice Arrangements Policy A new Auspice Arrangements policy has been established to provide support to Community Groups to allow them to quickly and easily meeting their grant funding requirements.

In accordance with Strategic Objective 3.2 of the Mansfield Shire Council Plan 2017-21, Council has committed to supporting the community to meet their own needs by providing assistance with sourcing funding opportunities. Unincorporated community groups may find it difficult to obtain funding such as grants, because funding bodies generally prefer to deal with an incorporated legal entity rather than a group of individuals. As a result, third party entities may approach Council from time to time requesting auspice agreements. As an auspicer, Council may agree to apply for funding on behalf of the auspicee in this circumstance. This policy is to be presented to Council at this meeting for endorsement. Fraud Prevention and Control Policy Council’s Fraud Prevention and Control Policy has been reviewed by the Audit and Risk Advisory Committee and is recommended to Council for ratification at this month’s Council meeting.

COUNCILLORS AT THE EASTER MANSFIELD BUSH MARKET

Following the success of the Council’s pop-up stall at the previous two Mansfield Bush Markets, Councillors and the CEO will again facilitate a stall at the Easter long weekend bush market to provide residents and visitors alike with an opportunity to raise matters of concern or discuss issues currently being faced by Council. A Council site has also been booked for the remaining two bush markets in 2018 (June and November).

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Mansfield Shire Council – Finance Departmental Report

Finance - Page 1 of 2

FINANCE DEPARTMENTAL REPORT March 2018

ROAD NAMING The consultation period to propose a new name for the Jamieson un-named road (off Jamieson-Licola Road) closed on 15 December 2017. Officers have reviewed all the submissions against the Naming Rules and selected Cinnabar Lane. The new proposal has been released for public consultation, closing 23 February 2018.

POLICY REVIEW Council’s Fraud Prevention and Control Policy has been reviewed by the Audit and Risk Advisory Committee and is recommended to Council for ratification at this Council meeting 20 March 2018. A new Auspice Arrangements policy has been drafted to support the Administration of Grant Management Income policy that was adopted by Council at the January 2018 meeting. The Auspice Arrangements policy has been reviewed by the Audit and Risk Advisory Committee and is recommended to Council for adoption at this Council meeting 20 March 2018.

CENTRALISED ANNUAL VALUATIONS Councils Revenue Co-ordinator and Finance Manager attended a forum with the Valuer General of Victoria to discuss the upcoming transition to the annual land valuations process that will be centralised through the Valuer General. The impact of the changes to Mansfield Shire Council will be minimal. A communication strategy to assist in informing the community of what to expect from the changes is being prepared by the Department of Treasury and Finance and we hope to begin dissemination of this early in 2018-19.

DEBTORS OVER 90 DAYS

AS AT 28 FEBRUARY 2018 No. Type $ 42 Community Services 5,585 2 Local Laws 284

10 Waste 2,569 11 Street Schemes 28,769 2 Cemetery 2,245 1 State Revenue Office 55,278 1 Community Development 40

1 Development Services (Planning) 924

11 Environmental Health 3,354 2 Sports Complex Hire 2,380 TOTAL 101,430

RATE ARREARS AS AT 28 FEBRUARY 2018 Arrears Rates 105,333 Waste 64,623 Municipal 45,244 Sub Total 215,201 FSPL 28,173

TOTAL 243,375 (see following comparative graph)

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Mansfield Shire Council – Finance Departmental Report

Finance - Page 2 of 2

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10.2 DEVELOPMENT SERVICES 10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery File Number: DA3839 Responsible Officer: Team Leader Statutory Planning, Steven Hicks Disclosure of Conflicts of Interest The author of this report does not have a direct or indirect interest in this matter, as defined by the Local Government Act 1989. Introduction The purpose of this report is to seek Council’s determination of an application for a planning permit for the use of land for a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in car parking provision and a general liquor licence at 3 Collopy Street, Mansfield. The application is being referred to Council as there are 12 objections to the proposal. Application Details Application Details Applicant Collopy Investments Pty Ltd Proposal Use of land for a microbrewery (industry) and the

buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in onsite car parking provision and a general liquor licence

Application lodged 30 August 2017 Notice and Submissions Notice given to adjoining properties.

12 objections received. Consultative meeting held on 14 November 2017 attended by 4 objectors. The meeting resulted in a building roofing redesign in reducing visual bulk and improved solar access for the property to the immediate south.

Property Details Property Address 3 Collopy Street, Mansfield, Land Description Lot 9 LP2613 & Lot 1 PS245636W Land Area 700 sq. metres Existing Use Dwelling and outbuildings Restrictive Covenant Nil Planning Provisions Zone Clause 34.01 Commercial 1 Zone Overlays Nil State Planning Policy Framework

Clause 17.01-1 Business Clause 17.02-1 Industrial land development Clause 17.03-1 Facilitating tourism

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Local Planning Policy Framework

Clause 21.07-1 Commercial, retail and industrial development Clause 21.07 -3 Tourism

Particular Provisions Clause 52.06 Car parking Clause 52.27 Licensed premises Clause 52.34 Bicycle facilities

General Provisions Clause 65 Decision guidelines Permit Triggers Commercial 1 Zone Car Parking Licensed Premises

34.01.1 Section 2 Use, Industry, in the Commercial 1 Zone 34.01-4 Building and works in the Commercial 1 Zone 52.06-3 Car parking (reduction in car parking) 52.27 Licensed premises

Other DWMP Risk Rating Low Area of Aboriginal Cultural Heritage Sensitivity

Yes – Cultural Heritage Management Plan No.14934 supplied with application

Executive Summary The proposal is for the use of land for a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in car parking provision and a general liquor licence at 3 Collopy Street, Mansfield. The permit application and supporting documentation provides that the proposed activities are as follows: · The brewing and packaging of beer in the rear of the proposed building. · The tasting and selling of beer produced on the site. · The general sale and consumption of liquor and food within the front part of the building

and designated outdoor areas. The main issues arising from the proposal include: · The manufacture (brewing and packaging of beer) on the site in the Commercial 1 Zone

and the potential emission and amenity impacts on surrounding uses. · The constraints of the land for on-site parking and potential impacts on on-street parking

and nearby off-street parking areas. · The proposed development is constrained to a 700 m2 parcel of land. · The potential impacts of a licensed premises on surrounding residential uses, even

though they are located in a commercial zone.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Background Subject site & locality The land comprises two titles; Lot 9 LP2613 is 490 square metres & Lot 1 PS245636W is 210 m2. The site has a total area of 700 square metres. The site is located in Collopy Street in the main commercial precinct of the Mansfield Township and is zoned Commercial 1 Zone. See Figure 1. On the site is an existing weatherboard dwelling that is proposed to be removed to enable the construction of the proposed buildings and works. Directly to the south of the site are two commercial developments, comprising commercial premises, shops and offices on the ground floor with residential apartments on the second floor. To the north of the subject site is a single storey dwelling. Further north is a café with frontage to High Street. Across Collopy Street to the east is an access road through to off street parking and linkage to Chenery Street. North east of the site is the Mansfield Library and further north is a licenced café. To the south east, opposite the subject site is a large allotment with a dwelling. West of the site is vacant land which was part of a decommissioned service station that has frontage to High Street. All land within this precinct is zoned Commercial 1.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd

Figure 1; Aerial view of subject site and surrounds Permit/Site History There is no previous history of planning permits having been issued for the site.

Proposal The proposal is for the use of land for a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in car parking provision and a general liquor licence at 3 Collopy Street, Mansfield. The permit application and supporting documentation provides that the proposed activities are as follows: · The brewing and packaging of beer in the rear of the proposed building. · The tasting and selling of beer produced on the site. · The general sale and consumption of liquor and food within the front part of the building

and designated outdoor areas.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd The hours of operation are proposed as: · Trading hours, Thursday to Monday between 11am to 10pm. · Public holidays 11am to 10pm (Anzac Day and Good Friday). · Microbrewery operations Monday to Friday 8am to 5pm. The premises will be constructed of timber, glass and iron cladding with a gable roof design (see Figure 2) as viewed from Collopy Street. Seating areas are provided for patrons within the building and on outside decking areas. The ground floor plan shows 17 Tables of 4 seats in the shop front/seating area. This provides for up to 68 patrons within the building. The plan refers to a table and 4 bench seats on the outside decking area along with standing areas. The building will be set back 5 metres from the Collopy Street frontage to keep in line with adjoining building setbacks. Setbacks from the rear and the northern boundary recognise the Goulburn Valley water easements. Microbrewery; The original application for a planning permit proposed a retail premises (manufacturing sales), reduction in car parking, and liquor licence. In correspondence with the Applicant the proposal has been clarified as the use of land for a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in car parking provision and a general liquor licence. The car parking and liquor licence will be discussed separately in the report. The clarification of the use and building and works is supported by the following:

· Clause 74 describes manufacturing sales as; land used, as an incidental part of an industry, to retail goods made materially different on the land by that industry.

· The report in support of the application introduces the use and development as retail premises for tasting and sales of micro-brewery, (manufacturing sales).

· Under the proposal component of the report it is proposed to build a retail premises with a small micro-brewery at the rear. The retail premises component of the proposal will be discussed below.

The clear intent for a component of the proposal is the operation of a microbrewery. An assessment needs to be made as to the scale of manufacturing proposed for the site as to whether this could be considered ancillary to a retail premises.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Production component site assessment An analysis of the site plan drawing A02, shows that the ground floor building footprint is a total of approximately 312 square metres with areas set aside as per the following: Ground floor designated space description

Approximate area in square metres (m²)

Shop front and customer seating 100 m²

Customer viewing and seating 64 m²

Brew house 67 m²

Packing room 39 m²

Kitchen, cool room, and toilet 42 m²

Combining the brew house and packing room, the ground floor production area makes up approximately 34% of the ground floor area. The viewing area abuts the brew house area and it is assumed the proximity is to allow viewing and showcase the production. The viewing area is not considered as part of the production area. An analysis of the site plan drawing A03, shows that the first floor building footprint is a total of approximately 141 square metres with areas set aside as per the following: First floor designated space description Approximate area in square metres (m²) Mezzanine storage 70 m²

Office 30 m²

Milling area 12 m²

Kitchen services and 2 toilets 29 m² This provides for 8% production and 50% storage. Combining the ground floor and first floor assessment, along with the assumption that half of the storage is set aside to support production, the approximate area of the total building footprint dedicated to production is 34%. The manufacturing sales, by definition is land used, as an incidental part of an industry, to retail goods made materially different on the land by that industry. By definition the manufacturing sales is an ancillary use to the manufacture of goods on site. The layout of the building appears to suggest that the brew house has adjacent areas set aside to allow viewing and showcase the production. It could be argued that the removal of the micro-brewery from the proposed development would change the focus and intent of the use of the site but remain within the definition of a retail premises.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd The use of the site for ‘manufacturing sales’, or a ‘food and drink premises’ (tavern or restaurant) does not require a permit for the use under the Commercial 1 Zone. The use of the site for a micro-brewery, in manufacturing a product, is Industry. It is therefore concluded that the micro-brewery is the primary use proposed for the site, with the manufacturing process taking up over 30% of the building footprint. Car Parking The application seeks a reduction in car parking to 2 onsite car parks. It must be noted that only one car parking space is shown on the site plan, along with a designated loading unloading area and general drive way along the northern boundary utilising the existing site access location. Clause 52.06-5 Table 1, sets out the number of car parking spaces required. In assessment of the application it is considered that the general sale and consumption of liquor and food on the subject site should be characterised as a food and drink premises which has the same criteria as a retail premises, i.e. 4 car spaces for every 100 square metres of leasable floor area. Assessment table for number of car parking spaces required: Use Criteria Area (m²) Number of Spaces

Required

Microbrewery (industry other than listed in the table)

2.9 to each 100sq.m. of net floor area

Brew house (67), packing room (39), milling area (12) and 50% of storage area (35) = 153 m²

4.4

Manufacturing sales 4 per each 100sq.m. of leasable floor area

50% of storage area (35) and 50% of customer viewing (32) = 67 m²

2.7

Food and drink premises

4 per each 100sq.m. of leasable floor area

Shop front/seating (100), 50% of customer viewing (32), and decking seating area (25) = 157 m²

6.3

Total car spaces

13.4

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Given the provision of one car space on site, the reduction of car spaces is determined to be 12. The car parking assessment provided by the applicant and the supporting survey does not appear to reflect the potential peak times of demand. The studies by Council do appear to indicate that there is generally sufficient parking within the area. Loading and unloading on the site; Subsequent information, provided by the owner as part of the response to submissions received, states that;

· Deliveries will be transported by the owner to and from the subject site from a Mansfield based logistics depot using their ute with a tray.

· An electric pallet stacker will be used on site to load and unload. · There will be no trucks or forklifts in the street.

It is apparent in the submission response that the Owner has considered measures to reduce any potential impact from trucks and or the use of forklifts at the site or in the street. Refer attachment 1 for the elevation plan and attachment 2 for the site plan. Mansfield Planning Scheme Context State Planning Policy Framework (SPPF) Clause 17 Economic Development The clause states that;

· Planning is to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity.

· Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential.

Officer analysis The Mansfield Brewing Company has an established brand and it is apparent that the current product is manufactured outside the Shire. The proposal seeks to invest locally in the manufacture, promotion and sale of the product. It is not clear from the application as to the percentage of local production. Clause 17.01-1 Business The objective of the clause is; To encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Officer analysis It is considered that the application is consistent with the objections of this policy as the development allows for the continued use of the land for a commercial purpose appropriate to the zoning along with providing a venue that promotes visitation from tourists to the region.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Clause 17.02-1 Industry The objective of the clause is to ensure availability of land for industry. Clause 17.02-2 Design of industrial development provides an objective to facilitate the sustainable development and operation of industry and research and development activity. Officer analysis It is considered that due to the scale of the production that any potential emissions and resulting threshold and buffer requirements can be managed within the site through appropriate conditions. Clause 17.03-1 Facilitating tourism The objective of the clause is to encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination. Officer analysis It is considered that the application is consistent with the objections of this policy as the development allows for the continued use of the land for a commercial purpose appropriate to the zoning along with providing a venue that promotes visitation from tourists to the region. Local Planning Policy Framework (LPPF) Clause 21.07-1 Commercial, retail and industrial development The relevant key issue of the clause is; Reinforcing Mansfield as the main centre for retail and commercial opportunities. The relevant Strategy 1.2 of the clause is to; consolidate the retail/commercial shopping centre core of Mansfield Township. Clause 21.07-3 Tourism The overview of the clause provides that Mansfield Shire has a number of drivers for tourism visitation including food and wine tourism. Clause 21.09 Mansfield Township The strategies of the clause seek to provide a sustainable business environment for retail and commercial businesses, including to encourage redevelopment of existing residential properties in Commercial 1 zoned land in the town centre for commercial uses. Officer analysis The Local Planning Policies relating to Commercial, Retail and Industrial Development, Tourism and Mansfield Township are relevant to this application. It is considered the application is consistent with these policies as it maintains the existing land uses within the township, provides for redevelopment of existing residential properties to commercial uses in the Commercial 1 Zone, utilises existing infrastructure, and promotes local businesses along with tourism visitation.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Zoning and Overlays Clause 34.01 Commercial 1 Zone The relevant purposes of the zone is

· To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

· To provide for residential uses at densities complementary to the role and scale of the commercial centre.

An application to use land must be accompanied by information, outlining the purpose of the use and the types of activities which will be carried out. The application must include any likely impacts on adjoining land, including noise levels, air-borne emissions, traffic, hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare. Permit triggers: Clause 34.01.1 states that industry is a section 2 use in the Commercial 1 Zone, permit required. Clause 34.01-4 states that a permit is required to construct a building or construct or carry out works in the Commercial 1 Zone. Officer analysis The suitability of the subject site for a microbrewery will be discussed in detail in the key issues section of the report. Particular Provisions Clause 52.05 Advertising Signs The application and the attached site plans are silent on any proposed advertising. Advertising sign requirements for Commercial 1 Zone are a Category 1. In Category 1, a permit is not required for a business identification sign where the total advertisement area of all signs to each premises does not exceed 8m2. In the case of an internally-illuminated sign the total advertisement area to each premises must not exceed 1.5m2. Officer analysis A separate permit approval will be required if any proposed signage exceeds the above allowance. Clause 52.06 Car Parking The purpose of the car parking clause is to provide car parking is provided in accordance State and Local Planning Policy, and ensuring there are an appropriate number of car parking spaces available and there are not adverse effects on the amenity of the locality.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Permit Trigger: Clause 52.06-3 states that a permit is required to reduce the number of car parking spaces required under Clause 52.06-5. Officer analysis The suitability of the subject site for a reduction in onsite car parking will be discussed in detail in the key issues section of the report. Clause 52.27 Licenced Premises The Purpose of Clause 52.27 is; to ensure that licenced premises are situated in appropriate locations and that the impact of the licenced premises on the amenity of the surrounding area is considered. Permit trigger: A planning permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998. Officer analysis The suitability of the subject site for a general liquor licence will be discussed in detail in the key issues section of the report. Clause 52.34 Bicycle Facilities The Purpose of Clause 52.34 is; to encourage cycling as a mode of transport and provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities. Permit trigger: A permit may be granted to vary, reduce or waive any requirements of the clause. Officer analysis Table 1 to Clause 52.34-3 – Bicycle spaces provides that for the use of a retail premises and a combined ground floor/first floor building footprint totalling approximately 453 m2 the number of bicycle spaces to be provided is two (2). Use Employee/Resident Visitor/Shopper Retail premises 1 to each 300sq m of

leasable floor area 1 to each 500 m2 of leasable floor area

Requirement 1.51 0.9 2.4 total bicycle spaces A condition will be placed on any issued permit to require a bicycle rail with the capacity for 2 bicycles.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd General Provisions Clause 65 Decision Guidelines Before deciding on an application or approval of a plan, the responsible authority must consider the matters set out in the decision guidelines. Officer analysis In general, consideration must be to the state and local policy, the zone, orderly planning and the amenity of the area. The above have been considered as part of the relevant clauses previously. The relevant consideration of the clause is the adequacy of loading and unloading facilities. The loading and unloading of vehicles is addressed on the proposed site plan. Any permit will have a condition relating to controls over the loading and unloading of vehicles and deliveries to and from the site. Other matters Section 173 Agreement No Section 173 Agreements apply to the subject site. Cultural Sensitivity The north east corner of the subject site is in the Cultural Sensitivity Overlay. A Cultural Heritage Management Plan AV Identification No.14934 has been prepared on behalf of the owner. The plan received a notice of approval dated 27 June 2017. Consolidation of lots The subject site comprises two separate allotments. Lot 9 LP2613 has approximately 15.5 metre frontage to the street. Lot 1 PS245636W has approximately 6 metre frontage to the street. The proposed building footprint will span both titles. A condition will be placed on the permit that prior to the commencement of use and development, Lot 9 LP2613 & Lot 1 PS245636W must be consolidated under the Subdivision Act 1988. Consultation Referrals and Responses

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Referrals External Referrals/Notices Required by the Planning Scheme: Section 55 Referrals

Advice/Response/Conditions

Goulburn Valley Water Corporation

· No objection, subject to conditions relating to connection to reticulated sewerage and a trade waste consent agreement.

Section 52 Referrals


Engineering · No objection, subject to conditions relating to property access, drainage and asset protection.

Environmental Health · No objection, subject to conditions relating to plans of food area fit-out and food registration, noise and odour.

Strategic Planning · Objection, due to determination that industry is prohibited in Commercial 1 Zone where use is listed under Clause 52.10 of planning scheme.

Tourism and Economic Development

· Endorsement, through being consistent with Council objectives to improve visitor experience and the Mansfield Paddock to Plate Agri-Tourism Alliance Growth Plan, noting that the immersive nature of the viewing area will work well with visitors’ desire to engage with the ‘manufacturing’ process.

Advertising The application was advertised by way of public notice placed on site and letters sent to adjoining land owners and occupiers. Council received 12 objections to the proposal. Grounds for Objection: A summary of the submissions received by objectors and responses are in the table below. Issue Response Car Parking Car parking spaces need to be supplied as a requirement of the planning permit

The applicant has responded that ample off-street parking available in the immediate area. And that those attending the micro-brewery are more likely to be tourists who have walked to the venue.

Not enough car parking in the area. The parking study is 9 years old and parking in Collopy St has increased since then

A detailed assessment of the car parking requirements is undertaken in the Particular Provisions 52.06 Car Parking response.

Car parking allocations need to be consistent across all development approvals

Car parking assessment is undertaken on a site by site basis as to if a waiver is appropriate.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Issue Response Car Parking No staff or client parking on small site Site plans show one parking space and a

loading bay on the north side of the site, along with driveway access.

Applicants parking study not done at peak season or parking times or made allowance for current trailer/caravan parking as overflow from main precinct

The Car Parking Assessment provide by the Applicant includes a survey conducted between 1 August 2017 and 11 August 2017. The survey was conducted on weekdays in periods of 9am, 12 noon and 3pm.

Why parking exemption when development proposals at 5 and 11 Collopy St were required to provide off street parking

Given the constraints of the site and the footprint of the proposed building the site cannot contain the number of car spaces required.

Plans show seating for 60 people and there is not enough available parking in the street and surrounding area

The Applicant cites the Draft 2008 Mansfield Car Parking Study with peak occupancy levels at approximately 50%.

Application has under estimated number of car parks required by planning scheme

A detailed assessment of the car parking requirements is undertaken in the Particular Provisions 52.06 Car Parking response.

Traffic A build up of traffic Mansfield traffic studies indicate there is

capacity for parking in the area. Increase in street parking, traffic and delivery vehicles

The Applicant has made the statement that there is ample street parking in the immediate area. The Owner uses a logistics company to distribute and pick-up to their Mansfield depot, with no direct truck deliveries to the site.

No provision for delivery vehicles to turn in or back into premises

The Owner provides that the deliveries to and from the property will be via their own Land cruiser tray (Ute).

Is forklift to be used to load/unload? The Owner states that an electric pallet stacker will be used not a fork lift.

Concern over deliveries being unloaded/loaded in street

The Owner states that there will be no trucks or forklifts in the street.

Car movements with patrons and staff leaving at a late hour

Any permit issued will have conditions relating to hours of trading.

At peak parking times Collopy St becomes a single lane drive through and residents have difficulty accessing or leaving properties.

The Car Parking Assessment provided by the Applicant has not provided parking statistics which could be considered a peak season or times. i.e. not weekends or after 3pm. Mansfield traffic studies consider that there is ample parking capacity in the area.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Issue Response Car Parking Change of traffic conditions in Ailsa St have impacted on traffic flows in Collopy St

The Applicant’s traffic assessment and projected availability relies on the Draft Mansfield Car Parking Study dated August 2008.

Land Use The proposal for a micro-brewery is misleading

Council’s advice is that a micro-brewery is manufacturing and therefore industry.

Production of beer is a significant part of the business, but the application fails to address the potential noise and emissions from production. Application only addresses the retail side of the business

Any issued permit will contain general amenity conditions and specific conditions relating to industry noise and emissions.

Micro- brewery is industrial not commercial Council’s advice is that a micro-brewery is manufacturing and therefore industry, though at a scale which would not necessarily be prohibited in a commercial zone.

Industrial use, manufacturing, is not appropriate in a commercial zone which is still majority residential use

The scale of production has been considered and conditions will be placed on any issued permit to address any potential impacts.

The constraints of the site make it not suitable for what is proposed

The constraints of the site have been considered as part of the assessment. It is considered that the proposed scale of production can be contained within the site.

Impact of industrial use cannot be contained on such a small block.

The Applicant has provided a scale of production.

The site is less than 10 metres from houses. The Applicant has provided that the current operation is located next to a dwelling with no complaints received relating to noise or smell.

Proposed use would better suit a Commercial 2 Zone

The proposal is to be considered on the subject site

Description of activity, in addition to tasting and sales, including other alcoholic drinks and food suggests it is a ‘Bar’.

The proposal is for the microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in car parking provision and a general liquor licence. The use is not considered to be a Tavern or Bar.

Neighbourhood safety Opposite library and will impact on library users.

The subject site is in the Commercial 1 Zone and the proposal is a permitted use. Any permit will be conditioned to provide for general amenity.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Issue Response Car Parking Very young children passing by. The subject site is in the Commercial 1

Zone and the proposal is a permitted use. The commercial area has a number of licensed premises in the precinct.

Concern over behaviour of patrons impact on elderly residential neighbours personal safety

The subject site is in the Commercial 1 Zone and the proposal is a permitted use. It is not considered that the proposed use will have a direct impact on the current neighbourhood safety.

Question of increased risk of vandalism for neighbours.

It is not considered that the proposed use will have a direct impact any increased vandalism in the neighbourhood.

Amenity No evidence to back up statement that no noise or smell will emanate from the proposed activity.

There no quantified levels of potential emissions as part of the application.

Question as to odours associated with volatile organic compounds released during the heating stages of the brewing process prior to fermentation. Further concerns raised as to post fermentation Malodours emissions of volatile organic compounds. Quoting extract of Tooheys Brewery, Environmental Assessment, March 2007

The Owner has responded that the commercial production quoted is at 300 million litres per year and not relevant to the proposed set up. The extract of the assessment, provided by the objector, appears to be seeking to justify upgrades to the handling and management of emissions to reduce off-site odour and provide manufacturing efficiencies. The main conversation appears to around process management and upgrading pipework and equipment to reduce leaks and potential spills. Whilst it does discuss reducing odour impacts on sensitive receptors (residences) there is no discussion as to potential health impacts.

Littering of cans and smashed bottles in the street

The Applicant has indicated that littering is not a regular practice from small micro-breweries. Any resulting permit would have conditions relating to the containment of waste within the premises.

Noise and odour from brewing process over 7-10 day, 24/7 operation

The Owner provides that a vapour recovery flue is fitted to the brewery kettle which condenses the vapour back to water and is disposed to waste.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Issue Response Car Parking Suggestion that brewery cannot operate 8am to 5pm as it is a process run over many days

The Applicant has provided a brewing history which indicates the current companies production has periods between brewing batches from 4 to 86 days over a four year period, averaging 23 days between brews. 2017 production averaged 20 days between brews. Further to this the Applicant states that brewing is completed in a day with bottling approximately 4 weeks later.

Late hours of operation. Will operation meet EPA noise standards? The Applicant has provided that the

chiller/cooler compressor is only small and there will be no other compressors required. Applicant has commented that the surrounding properties have air conditioning and refrigeration units. Any resulting permit would have conditions relating to applicable noise standards.

Will brewery/manufacturing and kitchen meet EPA odour standards?

Any resulting permit will have conditions relating to applicable emissions from the subject site.

Loss of quiet residential amenity in street Any resulting permit will have conditions relating to general amenity.

Existing businesses are in keeping with mainly residential street. Brewery and liquor outlet would not be in keeping with ambience of quiet neighbourhood.

The proposal is permitted within the Commercial 1 Zone. Any resulting permit will have conditions relating to general amenity.

Noise pollution from manufacturing and packing.

The Owner provides that the bottling process for a 1500 litre batch takes around 3-4 hours, the room is a cool room paneled and operation will be barely audible from outside premises. Any resulting permit would have conditions relating to business hours operation of the manufacturing process.

Dust, noise or other emissions created by milling operation. Very little detail on milling room.

The Owner provides that the mill is the smallest Australian made mill available, enclosed in a cool room paneled room, with no dust emissions and any noise emitted outside the premises very low. Any resulting permit would have conditions relating to business hours operation of the manufacturing process.

Noise from deliveries. Any resulting permit will have conditions relating to loading and unloading times.

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45.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Issue Response Car Parking Noise from patrons and music at late hours with outdoor dining.

Any resulting permit will have conditions relating to applicable noise form music standards.

Council has not given serious consideration that noise and smell from brewery will not impact negatively on neighbours.

Any resulting permit will have conditions relating to applicable noise and emissions from the production.

Prevailing winds will push fermenting smell and other site emissions towards residential uses.

The Owner provides that odour from fermentation outside the building would be nil, as a water airlock is used.

General concern about noise and disruption to elderly residents of street.

Any resulting permit will have conditions relating to general amenity.

Application does not address noise or emissions.

There no quantified levels of potential emissions as part of the application. The Owner provides that emissions off-site will be nil or low and noise barely audible.

Waste Sewerage system will not cope with waste output from brewery.

The predicted volume of liquid waste was not provided. The application was referred to Goulburn Valley Water who has not objected subject to conditions including a Trade Waste Consent Agreement.

Has Goulburn Valley Water approved discharge of manufacturing waste into sewer?

The application was referred to Goulburn Valley Water who has not objected subject to conditions including a Trade Waste Consent Agreement.

Concern that liquid waste separation tank required by Goulburn Valley Water and venting has not been addressed in application.

The application was referred to Goulburn Valley Water who has not objected subject to conditions including the installation of a pre-treatment facility, before approval to discharge trade waste from the development into the Corporation’s sewer is granted.

Where will other wastes be disposed of? The Owner provides that waste grain will be removed off-site for cattle/pig feed. And other brewing waste yeast, hops will be disposed of off-site on the day.

Is Applicant required to obtain waste discharge license from EPA.

The Applicant has not quantified any potential discharge waste volume. The total discharge would need to exceed 5000 litres per day before a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority.

Loss of livelihood Concern over loss of income due to impact on abutting residential building tenancy.

The loss of income is not generally a planning consideration.

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46.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Issue Response Car Parking Visual amenity, solar access & overshadowing

Impacts due to lack of outlook, solar access and overshadowing.

The Applicant has submitted plans showing shadowing and amended plans seeking to address the visual bulk of the proposed building and potential loss of solar access.

Concerns over light spill and glare. The application is silent on external lighting or any illumination of signs. Any resulting permit would have conditions relating to the baffling of any external lighting.

Bedrooms and living areas on adjoining properties will look directly at the wall of the upper level of proposed building.

The Applicant has submitted amended plans in seeking to address the visual bulk of the proposed building and potential loss of solar access.

Comment that site plan drawings do not accurately show adjoining property living and sleeping layout.

This has been acknowledged by the applicant and a design response has been provided to provide for solar access and address visual bulk.

Overall the building is a massive brewing shed, oversized and obstructive.

In relation to the impact on adjoining owners, a design response has been provided to provide for solar access and address visual bulk.

Storage of bulk products Concern of grain storage bringing pests and what controls will be in place?

Conditions will be placed on any issued permit relating to the storage of materials on-site.

Scale of production What controls will be in place to ensure ‘small operation’ when report accompanying application talks of ‘as retail sales expand’.

The Owner provides that the kettle used has a limited capacity to boil 1100 to 1200 litres. The scale of on-site production is limited to the sites area constraints and nominated equipment.

Is the larger micro-brewery quoted in the report accompanying the application the owners current operation? Is the owner intending to scale down his production?

The scale of on-site production is limited to the sites area constraints and nominated equipment. The owner has provided a schedule of production history which indicates ongoing production rates.

Liquor licensing Concern that red line plan includes the service of alcohol in the driveway, delivery access and parking area.

An amended Red Line Plan was provided in response to the submissions received. Whilst removing the areas of concern the area of the plan increased from 460 to 537 m2.

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47.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Issue Response Car Parking Site capacity How many patrons would this establishment be allowed to accommodate when maximum seating is utilized?

The Ground Floor Plan A02 shows 17 Tables of 4 seats in the shop front/seating area. This provides for up to 68 patrons. No further detail is provided as to capacity in other areas set aside for patrons.

In the Applicant’s response, it was argued that one of the objections should not be considered as the objector is the owner of a similar establishment and it could be perceived; to have been made primarily to secure or maintain a direct or indirect commercial advantage for the objector. It must be noted that the objections raised may be perceived in such a way, but the issues raised are reiterated by a number of other objectors. Consultative Meeting A consultative meeting was conducted between Council officers, the applicant, owner and 4 objectors on 14 November 2017. The applicant spoke to the proposal and the further information provided in response to the objections received. The owner spoke to the further information provided as to the brewery process and a brew history setting out batches/production from 12 September 2013 to 2 September 2017. The objectors spoke to their objections with a summary of matters raised tabled below. From an analysis of these against the original submissions it is noted that all areas have been covered previously. · Overshadowing. · Modifications to roof/walls to reduce visual bulk. · Solar access. · Parking and traffic congestion. · Should be in industrial area. · Pollutants and toxic by-products. · Seating/capacity. · Parking waiver relies on 2008/2009 study. · Requirement for car parking understated.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Amended Plans In response to the meeting the Applicant provided a set of shadow diagrams and amended drawings showing the proposed removal of the wall parapet and gable end of roof pitched to 30 degrees on the southern boundary of the site. This would appear to address the concerns raised around the visual bulk of the proposed building and potential loss of solar access, however no objections have been withdrawn. Officer Analysis and Discussion Suitability of the subject site for a microbrewery in the Commercial 1 Zone; The permit triggers in the Commercial 1 Zone are for the use of land is for a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises. The proposed brewing activities, constitutes manufacturing, whereas goods are made materially different on the land by that industry. The opinion that brewing is industry because in involves manufacture is supported by number of Victorian Civil and Administrative Tribunal cases. Clause 74 defines Industry as land used in an operation including; any process of manufacture. Clause 34.01-1 Table of uses, Industry, is a Section 2 Use, permit required. The condition that applies to the use for industry is that it; must not be a purpose listed in the table to Clause 52.10 The terms used in Clause 52.10 are advised as being generally derived from ‘EPA publication 1518 - March 2013 – Recommended separation distances for industrial residual air emissions. If the proposed use will produce less than 200 tonnes of product per year, there is no separation distance specified under Publication 1518. Clause 52.10, Uses with adverse amenity potential, under Food, Beverages & Tobacco. In general a brewery would be considered under the term ‘food or beverage production other than those listed’ and is therefore subject to Note 1 of this clause, which states that “the threshold distance is variable, dependent on the processes to be used and the materials to be processed or stored”. An analysis of actual and projected production can be based on the Brew History document provided by the applicant in relation to submissions received.

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49.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd The supplied data provides that production levels were: Year Number of

batches Lowest batch volume in litres

Highest batch volume litres

Total annual production in litres

2013 9 550 885 7025 2014 11 510 1560 2015 13 1330 1670 2016 18 680 1575 2017 to September

13 640 1620 24,055

Theoretical annual production

26 1500 1500 39,000

The theoretical annual production equates to 39 tonnes of product annually, which is considerably less than EPA publication 1518 - March 2013 – Recommended separation distances for industrial residual air emissions, where there is no separation distance specified under 200 tonnes of product per year. The Applicant has not considered the inclusion of the microbrewery within the permit application as a use. In not acknowledging the industry component of the application, the applicant has not addressed the subject of Clause 52.10, Uses with adverse amenity potential. In seeking to establish a practical minimum separation threshold it must be noted that the Commercial 1 Zone extends in for a minimum 150 metre around the subject site. Further, research of similar cases at the Victorian Civil and Administrative Tribunal suggest that setback of as little as 15 metres may be appropriate if small scale production is proposed. A consideration needs to be made for residential uses in proximity to the proposed site but in acknowledgment that the setbacks required under 52.10 relate to land in a residential zone, not a residential use in a Commercial 1 zone. The practical application of a threshold distance must consider the potential for industrial residual air emissions. The scale of production and any potential for residual air emissions where provided by the owner as further information in response to a number of objections received: · Brew batches are around 1500 litres; · Current production of batches averages one brew per fortnight; · The fermentation process averages around 23 days; · The fermentation process uses a water airlock with nil emissions; · The kettle used has a capacity of up to 1200 litres; · The kettle is fitted with a vapour recovery flue which disposes to liquid waste; and, · Both the mill and bottling plant are to be housed in cool room panelled rooms to

reduce any noise generated. It is noted that any noise outside the premises would be barely audible.

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50.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd An internal referral to Council’s Strategic Planning Department raised the question of a microbrewery (industry) being prohibited in the Commercial 1 Zone where a use is listed under Clause 52.10 of the Mansfield Planning Scheme. Legal advice sought by Council provides that the proposed brewery use, given its scale and potential impacts, could not be considered prohibited under the Planning scheme. A submission has raised the question of whether a works approval or waste discharge licence would be required from the Environment Protection Authority. The Applicant has not quantified any potential discharge waste volume. The total discharge would need to exceed 5000 litres per day before a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. Given the scale of the proposed production it could be considered that there may be more potential for amenity impacts on surrounding properties through the use as a retail premises due to the potential number of patrons and car parking. The use as a retail premises in the zone is a section 1 use, no planning permit required. It is considered that any potential impacts on adjoining land, including noise levels, traffic, hours of delivery and despatch of goods and materials, hours of operation, light spill and glare can be addressed through standard conditions if a permit was issued for the proposal. Suitability of a reduction in onsite car parking; The application includes a Car Parking Assessment in support of the reduction of on-site car spaces, prepared by Ellen Hogan, August 2017. The assessment includes a survey conducted between 1 August 2017 and 11 August 2017. The survey was conducted on weekdays in periods of 9am, 12 noon and 3pm. It is noted that of the 10 days forming the survey period, 4 of those days are outside the proposed trading days. The applications calculated required amount of car parking to be provided on site was based on ‘Manufacturing Sales’ with a requirement for 4 car spaces for every 100 square metres of leasable floor area. The application cites the Draft Mansfield Car Parking Study 2008 peak occupancy levels at approximately 50% and that ample off-street parking is available in the immediate area. It is noted that only one car parking space is shown on the site plan along with a designated loading unloading area and general drive way along the northern boundary utilising the existing site access location. An assessment of the application provides that the proposed uses would require 13 car spaces. Council has a number of Strategic documents and studies relating to traffic and car parking;

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51.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Draft Mansfield Commercial Centre Car Parking Study 2007 Surveys conducted March 2007 Labour Day and following weekend. The study

found an average peak utilisation of available car parking at a 64% over the study area. The survey notes potential impacts to numbers due to ongoing drought and bushfire activity.

Mansfield Shire Council – Mansfield Car Parking Study – May 2009 CPG The study found an average peak utilisation of available car parking at a 65% over

the study area. The study recommended investment in expanding off-street parking. Sites were selected on the basis of connectivity, access and prior identification. No. 3 Collopy Street was identified as one of these sites, reference page 29 and mapping page 39 of the Study.

Hydra Traffic Engineering Background Study 2013 The study relied on survey results from 2006, 2008 and 2009 to achieve 2014 traffic

volumes. Parking surveys were conducted over the long weekend of October 2013 and typically through November 2013. Peak utilisation between 80 and 100% plus was observed as the survey coincided with a Bush Market event.

Overall, the more recent 2013 study concluded that the parking analysis indicates there is generally sufficient parking within the study area to accommodate demand, except during an event in the town. This generally supports the application in seeking a reduction in onsite car parking spaces. Suitability of a general liquor licence for the site; The application seeks approval for a general liquor licence where the proposed hours of operation are: · Thursday, Friday, Saturday, Sunday and Monday; · Trading hours – between 11am and 10pm; · Public holidays – between 11am to 10pm (Anzac Day and Good Friday); and, · Normal hours for micro-brewery operations 8am to 5pm Monday to Friday. The initial red line plan provided with the application set aside a 460m2 area, which included the driveway and part of the loading area and excluded the brewing and production area. The applicant has provided a revised red line plan showing coverage of 537m2, the inclusion of brewing and production areas and exclusion of the driveway, car parking and loading areas. Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider as appropriate;

· The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area.

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52.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd The area is zoned Commercial 1 Zone. The zoning is contributing to a change from mainly residential use in Collopy Street to commercial mixed use developments including commercial/residential buildings.

· The impact of the hours of operation on the amenity of the surrounding area. The hours of operation will be similar to the trading hours in the High Street businesses, including café and restaurants within 50 metres of the proposed site.

· The impact of the number of patrons on the amenity of the surrounding area. The expected maximum number of patrons is not quantified in the proposal. It has been identified from the site plans provided that one seating area has the capacity for 68 patrons.

· The cumulative impact of any existing licensed premises and the proposed licenced premises on the amenity of the surrounding area.

There are licensed premises in the High Street business precinct, including café and restaurants within 50 metres of the proposed site. The High Street has 3 hotels, being 180, 200 and 300 metres from the subject site. Conditions of permit can ensure that the proposed trading hours are limited to those sought as a means of minimising adverse impacts on the amenity of the locality. Suitability of the intensity of the use and development on the site; The proposed development is constrained to a 700 m2 parcel of land. The constraints of the site have been considered as part of the assessment and overall it is considered that the proposed scale of production is suitable for the site. The potential for the expansion of the scale of production is limited to the available space and proposed equipment capacity. Any increase to production requiring building and or works would require additional planning approvals. The Commercial 1 Zone provides for intensive development of a site from boundary to boundary. The location of a wall on the boundary abutting an adjoining property is considered an acceptable outcome. The front of the proposed building is set back from the property frontage at the same distance as the existing adjoining buildings to the north and south. The adjoining property to the south is an office complex with residential uses on the second floor of the building. The living spaces on the second floor are set back from the boundary. Objections were received from adjoining residents including concerns that bedrooms and living areas on the adjoining property to the south will look directly at the wall of the upper level of the proposed building.

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53.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd In response, the Applicant has submitted plans showing a proposed amendment to the wall and roof design seeking to address the visual bulk of the proposed building and any potential loss of solar access. The Applicant has also submitted revised shadow diagrams to demonstrate the extent of shadowing caused by the proposed building on the residential building to the south. Overall, it is considered that the scale of the proposed use and building design is appropriate for a Commercial 1 zone. Suitability of the microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises; The Mansfield Brewing Company has an established brand and it is apparent that the current product has been or continues to be manufactured outside the Shire. The proposal seeks to invest locally in the manufacture, promotion and sale of the product. It is not clear from the application as to the percentage of local production intended. The manufacture (brewing and packaging of beer) on the site in the Commercial 1 Zone has been considered as to the potential emission and amenity impacts on surrounding uses. Permit conditions can be placed on any issued permit relating to: · General amenity; · Reticulated services and trade waste; · Access, drainage and asset protection; · Food fit-out and registration; · Noise control, general, music and industry; · Storage of goods, materials and refuse; · Hours of operation; · Loading and unloading; and, · Landscaping. Conclusion A planning permit for the proposed use and development of the subject land for the use of a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in car parking provision and a general liquor licence at 3 Collopy Street, Mansfield, is generally supported under the provisions of the Mansfield Planning Scheme, subject to conditions.

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54.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Cr Olver foreshadowed a motion. Cr Paul Sladdin moved the following motion: That Council, having considered all the matters required under Section 60 of the Planning and Environment Act 1987, issue a Notice of Decision to Grant a Permit for the use of a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales and food and drink premises, the reduction in car parking provision and a general liquor licence, of the land known and described as 3 Collopy Street Mansfield, Lot 9 LP2613 & Lot 1 PS245636W, for subject to the following conditions: Amended plans

1. Before the use commences, amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the drawings but modified to show;

· Deletion of the southern parapet and gable end roof. · Location and design of a bicycle rail for 2 spaces in accordance with

condition 17. Endorsed plans

2. The use and development must be in accordance with the endorsed plans forming part of this permit and must not be altered without the prior written consent of the responsible authority.

Licensed premises

3. The licenced premises as shown on the endorsed plans must not be altered without the written consent of the responsible authority. Alcohol may only be sold, served and consumed within the marked area on the endorsed plans.

Consolidation of titles

4. Prior to the commencement of use and development, Lot 9 LP2613 & Lot 1 PS245636W must be consolidated under the Subdivision Act 1988.

General Amenity

5. The amenity of the area must not be detrimentally affected by the use or development through the:

· Transport of materials, goods and commodities to or from the land. · Appearance of any buildings, works or materials. · Emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, waste water, waste products, grit or oil. · Presence of vermin.

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55.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Noise control

6. The occupier must take all necessary steps to ensure that no noise or other disturbance emanates from the premises which would be likely to cause a nuisance to the adjoining occupiers or a detriment to the amenity of the neighbourhood to the satisfaction of the responsible authority.

Noise emissions - Music

7. Noise emissions must comply with State Environment Protection Policy (Control of Music Noise from Public premises) No N-2 to the satisfaction of the responsible authority.

Noise emissions – Commerce, Industry and Trade

8. Noise emissions from activities from the site must not exceed that prescribed in the State Environment Protection Policy (Control of noise from Commerce, Industry and Trade) No. N1, to the satisfaction of the responsible authority.

Hours of operation

9. The sale and consumption of liquor on the premises must only be undertaken between the following hours:

· Thursday to Monday 11am to 10pm · Good Friday and Anzac Day 11am to 10 pm

10. The operation of the micro-brewery including the packing room must only be undertaken between the following hours:

· Monday to Friday 8am to 5pm Delivery of goods and services

11. The deliveries of goods and services to and from the site must only be undertaken between the following hours:

· Monday to Friday 8am to 5pm External lighting

12. Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

Storage of goods, materials and refuse

13. The storage of goods, materials or refuse in conjunction with the use or development must to the satisfaction of the responsible authority:

· Be stored within the premises at all times. · Be carried out in a manner so as to prevent the exposure to view from

any adjacent premises or from any public place of any unsightly matter. · Be stored so as to not become visually obtrusive on the site.

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56.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Loading and unloading

14. Loading and unloading of vehicles and delivery of goods and merchandise and the like to and from the premises must be carried out within the land as it is shown on the endorsed plan and be conducted as to cause minimum interference with other vehicular traffic. The loading bay shall be kept unobstructed when not in use.

Landscaping works to be completed and maintained

15. Prior to the commencement of trading, the landscaping works shown on the approved landscape plan must be carried out and completed to the satisfaction of the responsible authority.

16. The landscaping shown on the endorsed landscape plan must be maintained

to the satisfaction of the responsible authority. Bicycle spaces

17. Prior to the commencement of use, the owner must provide an on-site bicycle rail with the capacity for two (2) bicycles to the satisfaction of the responsible authority.

Engineering Conditions Property Access Requirements

18. Access to the property must be via the existing access location, no additional crossings are permitted to be constructed unless approved by the responsible authority.

Drainage 19. Prior to commencement of buildings or works, application must be made to

Council to obtain a Legal Point of Stormwater Discharge. 20. No concentrated stormwater other than natural watercourses must drain or

be discharged from the land to adjoining properties. 21. Interrupted overland flow from this development must not be allowed to

impact on the adjacent lots. Asset Protection

22. Any damage to Council managed assets such as roads & stormwater infrastructure, must be repaired at the cost of the developer to the satisfaction of the responsible authority.

Environmental Health Conditions

23. Prior to the commencement of development, detailed plans of the internal fitout of the premises are to be lodged with, and endorsed by Councils Environmental Health Department to ensure compliance with the Food Act 1984 and the Food Standards Code.

24. Prior to the commencement of trading, an application for Food Act 1984 registration is to be lodged with, and approved by Council.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Goulburn Valley Water Conditions

25. Connection of all sanitary fixtures within the development to reticulated sewerage, at the developer’s expense, in accordance with standards of construction adopted by and to the satisfaction of the Goulburn Valley Region Water Corporation.

26. All works are required to be carried out in accordance with AS 3500.2- ‘Sanitary plumbing and drainage’, and to the satisfaction of the Corporations Property Services Section.

27. Discharge of trade waste from the development shall be subject to a Trade Waste Consent Agreement. The owner and or occupier is required to submit a completed Trade Waste Application, and install the required pre-treatment facility to the satisfaction of Goulburn Valleys Waters Trade Waste Section, before approval to discharge trade waste from the development into the Corporation’s sewer is granted.

Expiry date

28. This permit will expire if one of the following circumstances applies: a) The use and development is not started within two years of the date of

this permit. b) The use and development is not completed within four years of the date of

this permit. The responsible authority may extend the periods referred to if a request is made in writing in accordance with the Planning and Environment Act 1987.

** End of Conditions **

Planning Notes Goulburn Valley Water

Any structures to be built must be clear of any easements in favour of the Corporation and one metre laterally clear of the edge of any assets of the Corporation. It is recommended that you contact a licenced surveyor to confirm the location and alignment of the sewer. Goulburn Valley Water will assist on site with the lifting of the manhole lids as requested.

General

Please note that this is a Planning Permit under the Planning and Environment Act 1987 and not a Building Permit under the Building Regulations 2006. If a Building Permit is necessary for your development you will need to apply for this before commencement of any works.

The motion lapsed for want of a seconder.

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http://www.austlii.edu.au/au/legis/vic/consol_act/paea1987254/



58.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd Cr Peter Olver moved the following motion: That Council issue a Notice of Refusal to grant a planning permit (P117/17) for the development and use of land at 3 Collopy Street, Mansfield, more particularly described as Lot 9 LP2613 and Lot 1 PS245636W, for the purposes of a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in onside carparking provision and a general liquor licence on the following grounds: 1. The proposal is contrary to the objective of Clause 13.04-1 – Noise abatement - of the

Mansfield Planning Scheme, in that insufficient information has been provided which demonstrates that noise effects will not adversely impact nearby sensitive land uses.

2. The proposal is contrary to the objective of Clause 18.02/05 – Car parking – of the Mansfield Planning Scheme, in that insufficient on-site car parking is provided and the impact on the amenity of nearby residential land uses is considered to be unacceptable.

3. The proposal is contrary to Objective 12 – Car parking – of Clause 21.09 – Mansfield Township – of the Mansfield Planning scheme, in that on-site car parking is insufficient and does not make allowances for the existing nearby sensitive land uses.

4. The proposal is contrary to Clause 34.01-2 – Use of land in the Commercial 1 Zone – in that insufficient information has been provided which demonstrates that noise and odour effects will not adversely impact nearby sensitive land uses.

5. The proposal is contrary to the purpose of Clause 52.06 – Car parking – of the Mansfield Planning Scheme, in that insufficient on-site car parking is provided and the impact on the amenity of nearby residential land uses and doesn’t provide for the safety of pedestrians or land users and is therefore considered to be unacceptable.

6. The proposal is contrary to the purpose of Clause 52.27 – Licensed premises – of the Mansfield Planning Scheme in that the operation of the licensed premises will have an unacceptable impact to the amenity of the surrounding area.

7. The proposal will not produce acceptable outcomes in terms of Clause 65 – Decision Guidelines – of the Mansfield Planning Scheme, in that it does not meet with the objectives of relevant state and local planning policies, the matters required to be met for the use of land in the Commercial 1 Zone, the effect on the amenity of the area, and the orderly planning of the area.

5.55pm SUSPENSION OF STANDING ORDERS Councillors Attley/Olver: That Council suspend standing orders.

Carried

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59.

10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd 6.06pm RESUMPTION OF STANDING ORDERS Councillors Attley/Sladdin: That Council resume standing orders.

Carried Councillors Olver/Attley: That Council issue a Notice of Refusal to grant a planning permit (P117/17) for the development and use of land at 3 Collopy Street, Mansfield, more particularly described as Lot 9 LP2613 and Lot 1 PS245636W, for the purposes of a microbrewery (industry) and the buildings and works associated with the construction of a premises for a microbrewery, manufacturing sales, food and drink premises, the reduction in onside carparking provision and a general liquor licence on the following grounds: 1. The proposal is contrary to the objective of Clause 13.04-1 – Noise abatement -

of the Mansfield Planning Scheme, in that insufficient information has been provided which demonstrates that noise effects will not adversely impact nearby sensitive land uses.

2. The proposal is contrary to the objective of Clause 18.02/05 – Car parking – of the Mansfield Planning Scheme, in that insufficient on-site car parking is provided and the impact on the amenity of nearby residential land uses is considered to be unacceptable.

3. The proposal is contrary to Objective 12 – Car parking – of Clause 21.09 – Mansfield Township – of the Mansfield Planning scheme, in that on-site car parking is insufficient and does not make allowances for the existing nearby sensitive land uses.

4. The proposal is contrary to Clause 34.01-2 – Use of land in the Commercial 1 Zone – in that insufficient information has been provided which demonstrates that noise and odour effects will not adversely impact nearby sensitive land uses.

5. The proposal is contrary to the purpose of Clause 52.06 – Car parking – of the Mansfield Planning Scheme, in that insufficient on-site car parking is provided and the impact on the amenity of nearby residential land uses and doesn’t provide for the safety of pedestrians or land users and is therefore considered to be unacceptable.

6. The proposal is contrary to the purpose of Clause 52.27 – Licensed premises – of the Mansfield Planning Scheme in that the operation of the licensed premises will have an unacceptable impact to the amenity of the surrounding area.

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10.2.1 P117/17 3 Collopy Street, Mansfield – Microbrewery Contd 7. The proposal will not produce acceptable outcomes in terms of Clause 65 –

Decision Guidelines – of the Mansfield Planning Scheme, in that it does not meet with the objectives of relevant state and local planning policies, the matters required to be met for the use of land in the Commercial 1 Zone, the effect on the amenity of the area, and the orderly planning of the area.

Carried A Division was called by Cr Paul Sladdin.

IN FAVOUR AGAINST Cr Peter Olver Cr Paul Sladdin Cr Marg Attley Cr Paul Volkering

The Division resulted in the motion being carried.

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61.

ATTACHMENT 10.2.1

P117/17 3 COLLOPY STREET, MANSFIELD –

MICROBREWERY

(11 PAGES)

61

Willick Design. COPYRIGHT OF THIS DRAWING IS VESTED IN WILLICK DESIGN.

2016C

THIS DRAWING IS AN UNCONTROLLED COPY. UNLESS NOTED OTHERWISE

WWW.WILLICKDESIGN.COMM. 0419 323 017 E. [email protected]

1 / 30 NOLAN STREET, MANSFIELD, VIC, 3722

Scale

Date

Drawing

Drawing No.

Revision

PLANNING

North

@ A3

MANSFIELD SHIRE COUNCIL

Planning Permit #

Local Authority

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10.2 DEVELOPMENT SERVICES CONT. 10.2.2 P159-17 DA6777 - 37 Redgum Drive Mansfield - 2 Lot Subdivision and

Buildings and Works Associated with the Construction of 2 Dwellings Contd

File Number: DA6777 Responsible Officer: Statutory Planner, Jack Francis Disclosure of Conflicts of Interest The author of this report and officers providing advice in relation to this report do not have a direct or indirect interest in this matter, as provided in accordance with the Local Government Act 1989. Introduction The purpose of this report is to seek Council’s determination of an application for a planning permit for a two lot subdivision and buildings and works for the construction of two dwellings at land described as Lot 83 PS730533 and addressed as 37 Redgum Drive, Mansfield. The application is being referred to Council as it is the Officer’s recommendation to refuse the application due to several minimum standards and objectives of Clause 55 of the Mansfield Planning Scheme not being met, indicating that the proposal represents an over-development of the site. Application Details Application Details Applicant Leroy and Tony Wilks. Proposal Two lot subdivision and buildings and works for the

development of two dwellings. Application lodged 7 December 2017 Notice and Submissions Notice given directly to the owners of adjoining

properties. One objection was received, and later withdrawn.

Property Details Property Address 37 Redgum Drive, Mansfield Land Description Lot 83 PS730533 Land Area 0.08 hectares (801 square metres) Existing Use Vacant. Restrictive Covenant Covenant AQ084743S dated 27/07/2017 – Expiry

date 31/12/2025. Section 173 Agreement AM346079C dated 23/11/2015.

Planning Provisions Zone Clause 32.08 General Residential Zone Schedule 1 Overlays Clause 43.04 Development Plan Overlay –

Schedule 1

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10.2.2 P159-17 DA6777 - 37 Redgum Drive Mansfield - 2 Lot Subdivision and Buildings and Works Associated with the Construction of 2 Dwellings Contd

State Planning Policy Framework

Clause 15.01-3 Neighbourhood and Subdivision Design Clause 16.01-1 integrated Housing Clause 16.01-2 Location of Residential Development Clause 16.01-4 Housing Diversity

Local Planning Policy Framework

Clause 21.03-1 Settlement Pattern and Growth Clause 21.04-2 Character Clause 21.09-1 Overview

Particular Provisions Clause 52.06 Car parking Clause 55 Two or More Dwellings on a Lot and Residential Buildings Clause 56 Residential Subdivision

General Provisions Clause 65 Decision guidelines Clause 66 Referral and notice provisions

Permit Triggers General Residential Zone General Residential Zone

Clause 32.08-3 a permit is required to subdivide land. Clause 32.08-6 a permit is required to construct two or more dwellings on a lot.


No

Executive Summary The proposal is for application for a planning permit for a two lot subdivision and buildings and works associated with the construction of two dwellings at land described as Lot 83 PS730533 and addressed as 37 Redgum Drive, Mansfield. The key points of the proposal are; · The subject site is 801m2 in size; Lot 1 is shown to be 374m2 and will have direct

frontage to Redgum Drive and Lot 2 is shown to be 427m2, situated at the rear of the lot with driveway access to Redgum Drive.

· A dwelling is proposed for each lot, containing two bedrooms and one study and a two car garage. For the purposes of this determination the proposed study is considered to be an additional bedroom, therefore the two proposed dwellings will contain three bedrooms.

· Pursuant to Clause 72 of the Mansfield Planning scheme: Garden area is defined as “An uncovered outdoor area of a dwelling or residential building normally associated with a garden. It includes open entertaining areas, decks, lawns, garden beds, swimming pools, tennis courts and the like. It does not include a driveway, any area set aside for car parking, any building or roofed area and any area that has a dimension of less than 1 metre.”

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Private open space is defined as “An outdoor area of a dwelling or residential building or land for the exclusive use of the occupants.” Secluded private open space is defined as “That part of private open space primarily intended for outdoor living activities which enjoys a reasonable amount of privacy.”

· The application fails to meet several key standards and objectives of Clause 55 of the Mansfield Planning Scheme. These include:

o Standard B6 Street Setback o Standard B12 Safety o Standard B13 Landscaping o Standard B14 Access o Standard B21 Overshadowing Open Space o Standard B28 Private Open Space o Standard B29 Solar Access to Open Space.

· Attempts to negotiate a redesign of the development to address the failure to meet several minimum standards has failed, and resulted in a minor redesign which did lead to the withdrawal of the objection from the neighbour, however in a broader sense the redesign does not fundamentally address the proposed overdevelopment of the site.

Background Subject site & locality The subject site is described as Lot 83 PS730533 and addressed as 37 Redgum Drive, Mansfield. The site is located in the General Residential Zone (Schedule 1) and the Development Plan Overlay (Schedule 1). The roughly rectangular parcel has a total area of 0.08 hectares with frontage to Redgum Drive. The site measures 34 metres in length from north-west to south-east, and 22 metres from east to west. Along the southern boundary is an easement measuring 3 metres in width in favour of Goulburn Valley Region Water Corporation. The land slopes slightly from south-west to the sites northern frontage to Redgum Drive. There is no vegetation present on the site, only patchy grassland. The north-eastern and south-western boundaries are fenced with colourbond fencing in Colourbond ‘Wilderness’ and ‘Pale Eucalypt’ in TRIMCLAD style at 2.1 metres in height, decreasing in height towards the frontage to Redgum Drive.

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The land is typical of the surrounding area with parcels dedicated to one and two dwelling developments on similarly sized land throughout the newest section of Cambridge Estate. The proposed next stage of the subdivision will wrap back around to the south of the subject site, providing an additional court bowl directly to the south of the subject site. The majority of neighbouring allotments throughout Redgum Drive have either been developed or are awaiting development. The two neighbouring allotments to the north-east (35 Redgum) and south-west (39 Redgum) of the subject site have been developed with a single dwelling and two units, respectively. The two allotments to the north and north-west across Redgum Drive (38 and 40 Redgum) remain undeveloped with a small reserve that a red gum tree is located in. There are several similar reserves throughout the subdivision containing significant red gum trees. To the north of the subject site is the rest of the already developed Cambridge Estate, featuring allotments in a variety of sizes. Allotments range from 0.05 hectares to 0.1 hectares along Kent Court, Somerset Crescent and Cambridge Drive. The majority of developed lots are for single dwellings, with 2 unit developments being favoured more so along Cambridge Drive and Somerset Crescent. To the east of the subject site across Mansfield-Whitfield Road is the undeveloped section of the Loyola Run Estate and further north the Grange Estate. The two subdivisions combined will provide over 500 residential allotments. To the south of the site is the next undeveloped section of the Cambridge Drive Estate which will wrap around to the south of the subject site. Further south is the Mansfield Botanical Gardens and Ford Creek. To the west is the already developed section of Cambridge Drive Estate and where the subdivision connects to the walking trail that follows Ford Creek and that also links to the Mansfield Township.

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Figure 1: Aerial view of subject site and surrounds Permit/Site History There is no previous history of planning permits having been issued for the site.

Proposal It is proposed to subdivide the existing allotment into two allotments. Lot 1 will be located in the northern section of the site with frontage to Redgum Drive and Lot 2 will be located towards the south of the subject site with access provided to Redgum Drive in the north-western corner of the subject site. Lot 1 will be 374m2 in size and Lot 2 will be 427m2. Lot 1 is proposed to be 23 metres wide (north-west to north-east) at the sites widest point at the frontage to Redgum Drive, and 18.5 metres in length (north-west to south-east). Lot 2 will be a battle-axe shape, being 427m2 in size. The site will be 22.5 metres wide (west to south-east) at its widest point and its length will be 35.8 metres due to the driveway accessing Redgum Drive. The driveway will access Lot 2 along the north-western boundary of the site. The driveway is to be 3.6 metres in width before expanding into site proper.

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It is proposed to construct a three bedroom unit on each allotment, as per Figure 2 in Attachment 1. The plans for each individual dwelling are to be found in Attachment 1. The proposed unit for Lot 1 will be setback 3 metres from Redgum Drive, with the garage to the west of the dwelling being setback 4 metres from the frontage. The dwelling is to consist of one combined dining, kitchen and lounge room, one master bedroom with a walk in robe and ensuite, one bedroom, one study, one bathroom, one laundry and a two car garage. An outdoor entertainment area will be accessible in the north eastern corner of the dwelling, accessible from the dining and lounge room. The units building footprint will be 214.8m2 of Lot 1’s 374m2 area. Lot 2 will have an area of 427m2, and will be a battle-axe allotment. The driveway access will be 3.6 metres wide and will be a length of 15 metres to Redgum Drive. The two car garage will be located directly at the end of the driveway with internal access to unit 2. The unit’s footprint is 216.8m2. The dwelling will consist of one garage including laundry, one combined dining, kitchen and lounge room, one study, one bedroom, one master bedroom with a walk in robe and ensuite and one bathroom. The dining room will provide direct access to the outdoor entertaining section marked on the site plan. The kitchen will link directly to the south to the designated private open space. Submitted plans are located in the attachments. Mansfield Planning Scheme Context State Planning Policy Framework (SPPF) The relevant provisions of the SPPF which must be considered in the assessment of this proposal are outlined in this section. Clause 15 Built Environment and Heritage The clause states that; Planning should achieve high quality urban design and architecture that:

· Enhances liveability, diversity, amenity and safety of the public realm. · Minimises detrimental impact on neighbouring properties.

Officer analysis The proposed development will result in amenity impacts on neighbouring allotments due to the overshadowing of private open space from the proposed development. The overshadowing depicted by the shadow diagrams (see attachments) will result in an unacceptable amenity impact on the neighbouring allotment at Unit 2/39 Redgum Drive. Overall, the proposal represents an overdevelopment of the site and the fact that a number of minimum standards are not met indicates that high quality urban design objectives are not met.

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Clause 15.01-3 Neighbourhood and Subdivision Design The strategy aims to;

· Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.

Officer analysis The proposed development will provide higher density residential development within Cambridge Estate. The estate has provided allotments exceeding 800m2 in area, which have the opportunity to be further subdivided by the landowner. The provision of two units provides an opportunity for diverse housing options in proximity to the centre of Mansfield. Clause 16 Housing The clause states that;

· Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure

· Planning for housing should include providing land for affordable housing. Officer analysis The proposal will provide medium density development in close proximity to the centre of Mansfield in an area that has existing sewerage and water infrastructure. Clause 16.01-1 Integrated housing The strategy aims to:

· Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land.

· Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns.

Officer analysis The proposal is for the development of two, three bedroom dwellings that will provide medium density housing opportunities in close proximity to the centre of Mansfield. Redgum Drive features the availability of water and sewerage connection services.

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Clause 16.01-2 Location of residential development The strategy aims to;

· Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas.

· Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development.

· Identify opportunities for increased residential densities to help consolidate urban areas.

Officer analysis The proposal will provide medium density development in the established Cambridge Estate. Cambridge Estate has provided residential allotments that have the ability to be further subdivided by landowners. Clause 16.01-4 Housing Diversity The clause provides the following relevant strategies:

· Support opportunities for a wide range of income groups to choose housing in well-serviced locations.

· Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres.

Officer analysis The proposal will provide two, three bedroom units in close proximity to the centre of Mansfield. The proposed dwellings provide an articulated frontage to Redgum Drive, with the front façade providing a skillion roof. Local Planning Policy Framework (LPPF) Clause 21.03-1 Settlement Pattern and Growth

· Facilitating limited growth in some small towns and settlements. · Recognising that the population is ageing and will require a diversified housing

stock, including medium density housing. Officer analysis The proposal is for medium density housing in close proximity to Mansfield, mixed with single detached dwellings in Cambridge Estate.

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Clause 21.04-2 Character The clause provides the following relevant strategies:

· Ensure issues of building scale, siting, vegetation and access in medium density planning applications are considered.

Officer analysis The building scale is a concern for the application as it provides overshadowing issues for the private open space of neighbouring allotments and the secluded open space for Lot 2. The lot is of an irregular shape and with a poor solar orientation, which means several minimum standards cannot be met, including the minimum front setback. These concerns are discussed in more detail in the Clause 55 assessment in the attachments. Clause 21.09-1 Overview Objective 2 – Settlement, Housing and Character The clause provides the following relevant strategies:

· Encourage higher density development in areas that can capitalise on existing physical and social infrastructure in proximity to the town centre, including a range of smaller dwelling sizes.

· Encourage a range of lot sizes within new subdivisions to provide for a variety of dwelling sizes.

Officer analysis The proposal includes the development of two medium density housing options. The site has connections available to sewerage and water in close proximity to the center of Mansfield. Zoning and Overlays Clause 32.08 General Residential Zone (Schedule 1) The subject land, and surrounding area, is zoned General Residential under the Mansfield Planning Scheme. The relevant purposes of the General Residential Zone (Schedule 1) include:

· To encourage development that respects the neighbourhood character of the area. · To encourage a diversity of housing types and housing growth particularly in

locations offering good access to services and transport.

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Permit triggers;

· Clause 32.08-3 a permit is required to subdivide land.

· Clause 32.08-6 a permit is required to construct two or more dwellings on a lot. A two lot subdivision must meet the objectives and standards of Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2. The assessment is in the attachments. The development of two dwellings on a lot must meet the requirements of Clause 55. The full assessment is located in the attachments. A newly created allotment must also contain the minimum garden area set out in Clause 32.08-4. Lot 1 is a total of 374m2 and requires a garden area of 93.5m2 (25 percent of the allotment), of which the plans depict garden are at being in excess of 100m2. Lot 2 is required to have 106.75m2 set aside for garden area. The plans depict the proposal as meeting the minimum garden area. The garden area requirements are satisfied. Officer analysis Complies as:

· The proposal is for a subdivision in an existing subdivision that encourages landowners to further subdivide their land to provide a variety of allotment sizes.

· Provides medium density housing in proximity to the centre of Mansfield. Clause 43.04 Development Plan Overlay (Schedule 1) The subject land is also covered by Schedule 1 to the Development Plan Overlay. The relevant Decision Guidelines and Performance Measures to be achieved are:

· Urban design and layout principles to meet objectives and standards of Clauses 54 and 55;

· A site assessment and design response that provides layout and development that is compatible with the site, adjoining land and general area;

· A range of lot sizes and housing types to meet a variety of housing needs, and cater for a range of different residential users;

· Pedestrian and vehicular provision, accessibility and safety; · Quality urban environmental standards, including water sensitive urban stormwater

and drainage design and treatment, energy efficiency, landscaping, and protection and incorporation of natural features in accordance with the Best Practice Environmental Management Guidelines for Urban Stormwater (CSIRO), 1999;

· Retention of existing native vegetation; A permit is not triggered under the Development Plan Overlay (Schedule 1) as a Development Plan has been approved for this stage of the Redgum Estate.

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Officer analysis The application fails to meet several key areas of Clause 55 of the Mansfield Planning Scheme. Therefore the application is inconsistent with the Decision Guidelines and Performance Measures of the Development Plan Overlay (Schedule 1). The key areas will be discussed in the key issues area in the assessment. Particular Provisions Clause 52.06 Car Parking Pursuant to Clause 52.06-1, clause 52.06 applies to a new use. In the table at Clause 52.06-5 a three bedroom dwelling must provide 2 car parking spaces. The proposal includes two car garages for each unit on the site plan, therefore addressing the requirements of Clause 52.06. Clause 55 Two or More Dwellings on a Lot and Residential Buildings Purpose

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

· To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character.

· To encourage residential development that provides reasonable standards of amenity for existing and new residents.

· To encourage residential development that is responsive to the site and the neighbourhood.

Pursuant to Clause 32.08-6 a development must meet the requirements of Clause 55. Officer analysis Through the assessment of the application against the standards and objectives of Clause 55, there are several key areas of the proposal that do not meet minimum standards or objectives. The relevant objectives and standards will be discussed in the key issues section of this report. The full assessment of Clause 55 is located in Attachment 2. A discussion of key issues is contained in the officer’s assessment section.

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Clause 56 Residential Subdivision Purpose

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

· To create liveable and sustainable neighbourhoods and urban places with character and identity.

· To achieve residential subdivision outcomes that appropriately respond to the site and its context for:

· Infill sites within established residential areas. · Regional cities and towns.

To ensure residential subdivision design appropriately provides for:

· Policy implementation. · Liveable and sustainable communities. · Residential lot design. · Urban landscape. · Access and mobility management.

· Integrated water management. · Site management. · Utilities.

Pursuant to Clause 32.08-3, an application for a two lot subdivision must meet several objectives and standards in Clause 56 of the Mansfield Planning Scheme. A two lot subdivision must meet the objectives and standards of Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2. Officer analysis The application is consistent with the requirements of the relevant sections of Clause 56 of the Mansfield Planning Scheme. The site has sewerage and water connection available and the proposed allotments are large enough to each contain a building envelope with dimensions of 10m by 15m. It is considered that the application is consistent with the relevant policies of Clause 56 of the Mansfield Planning Scheme. The full assessment of Clause 56 is located Attachment 2. General Provisions Clause 65 Decision Guidelines Before deciding on an application or approval of a plan, the responsible authority must consider the matters set out in the decision guidelines.

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Officer analysis In general, consideration must be to the state and local policy, the zone, the relevant provisions, orderly planning and the amenity of the area. The above have been considered in detail as part of the relevant clauses. The application is considered to be inconsistent with the amenity decision guideline of Clause 65.01. The proposal will provide an effect on the amenity of the area due to the overshadowing of private space of Unit 2/39 Redgum Drive and to the reduced setback being present on a bend, which will exacerbate the visual bulk of the dwelling on the landscape. A table analysing compliance with the Decision Guidelines at Clauses 65.01 and 65.02 is located in Attachment 2. Other matters Section 173 Agreements and covenants Covenant AQ084743S and Section 173 Agreement AM346079C apply to the subject site. Section 173 Agreement AM346079C details tree protection measures for the mature river red gums, of which the subject site does not contain any. Therefore the agreement does not apply to the subject site. Covenant AQ084743S details that owner is not allowed to build more than one house, use external cladding other than brick stone or masonry and of the roof thereof other that of non or low reflective material, take longer than two years from start to finish for the construction of dwellings and outbuildings, fencing that is not the on the front boundary, move on to the land a building that is partly or wholly completed, allow any heavy vehicle (not involved in the construction process) articulated motor car or large trailer combination. The landowner has provided consent from Summerset Holdings Pty Ltd to construct more than one dwelling on the subject site. It is therefore considered that the application is consistent with the agreement and covenant that apply to the property. Cultural Sensitivity The subject site is not affected by the Cultural Sensitivity Overlay. Consultation Referrals and Responses

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Referrals External Referrals/Notices Required by the Planning Scheme: Section 52 Referrals


Engineering · Concern was raised regarding the turning circle provided from Unit 2’s garage.

· No objection, subject to conditions relating to property access, drainage and asset protection.

Pursuant to Clause 66.01 of the Mansfield Planning Scheme a two lot subdivision is not required to be referred to the relevant water, drainage, sewerage, and electricity or gas supply authorities. This is achieved by the landowner being required by permit conditions to enter into agreements with the aforementioned authorities to supply the services. Advertising The proposal was advertised to adjoining landowners; one objection was received, but later withdrawn. The objection was based on two points; firstly for the site storage bin for Unit 2 being located on the south-western boundary, which depending on size would provide an increase in overshadowing on 2/39 Redgum Drive’s private open space. The second objection was for the length of the garage on the south-western boundary and that it would provide significantly overshadowing on 2/39 Redgum Drive’s private open space. Amended plans were submitted, with one site plan depicting that the storage had been relocated to the north-eastern boundary and the garage being reduced in height and length along the south-western boundary. The objector has signed the site plan stating that they withdraw their objection. Amended Plans Following a request for further information to address the minimum standards that were not met by the original design, and in response to the objection from the neighbour, amended plans were submitted by the Applicant on 28 February 2018. Please refer to Figure 2, Attachment 2. Officers have attempted to highlight that the development of two, two bedroom dwellings with the option of single garages would result in a development that could meet all of the minimum standards and objectives of clause 55. In a further meeting with the owner of the land on 9 March 2018, it was clear that he wants both dwellings to be three bedroom units with double garages.

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In summary, the amended plans reduced the height of the garage wall on the boundary by 30cm and the length of the wall reduced to 7.5 metres and led to the withdrawal of the neighbour’s objection. However, the amended plans made minimal changes to the manoeuvrability of the vehicles exiting the garage of Unit 2 and the 20cm of landscaping provided either side of the driveway to Unit 2 is not considered to be tenable. Minimum standards for private open space dimensions are now met for Unit 1, however the privacy of the primary private open space for Unit 1 is compromised by a low, partially transparent space and the primary private open space for Unit 2 is significantly overshadowed by Unit 2 and the 2.1m high fence which separates the two. Officer Assessment The application fails to meet several key minimum standards and objectives of Clause 55 of the Mansfield Planning Scheme and as a result:

· Is considered to represent an overdevelopment of this site; · Fails to provide for a basic level of amenity for the future occupants of proposed

Unit 2 in particular; and, · Does not represent a high quality design that is responsive to the particular

constraints and opportunities provided by the site. An application must meet the objectives of Clause 55 and should meet the minimum standards set out by this Clause. Below is a discussion of the key objectives and minimum standards that are not met by the amended plans. Standard B6 Street Setback Under the standard the front setback of a dwelling, with existing dwellings either side the standard is calculated by averaging both neighbouring front setbacks. The average of the neighbouring setbacks is 4.02 metres. The proposal is for a 3 metre front setback to unit 1, and therefore the standard is not met. The proposed front setback also does not respect the existing or preferred character. The splayed frontage will act to make the proposed Unit 1’s frontage more visual on Redgum Drive due to the site being at the apex of a curve, therefore any development on the site is visually prominent. A 3 metre setback is not sufficient space for landscaping to soften the visual bulk of the dwellings and two driveways.

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Standard B12 Safety The proposed private and secluded open space will be located in the front and side setback of Unit 1, with a 1.5 metre high, partially transparent fence fronting the street. There will be direct views available into the dwelling and primary private open space from Redgum Drive. Standard B13 Landscaping The private and secluded open space for the two units do not provide enough space for the planting of a tree of any size to be planted. The front and rear setbacks provide little room for planting that could be used to soften the visual impact of the built form and the two driveways. The amended plans show 20 cms of landscaping along either side of Lot 2’s driveway, however this is untenable given the buffer is minimal and will be sandwiched between high fences. The proposed front setback of 3 metres is not enough space for landscaping to soften views of the dwelling. A significant amount of Unit 2’s open space is located to the south of buildings or high fences, therefore the range of landscaping opportunities are significantly reduced. Standard B14 Access The proposal meets the particular standard that requires a maximum of 33% of the frontage to be dedicated to access, however it is considered that due to the crooked spacing the access, the visual impact of the crossovers will be detrimental to the streetscape. Unit 1 has a double crossover, whilst Unit 2 has a single crossover. There is little landscaping buffer between them. The standard states that no more than one single-width crossover should be provided for each dwelling fronting a street. This standard is not met. The driveway of Unit 2 is also narrow at 3.6 metres, and is bounded by high fences, thus reducing visibility when reversing onto Redgum Drive. It is considered the dimensions and configuration of the driveway will make it difficult for larger vehicles to safely enter and exit the site. Standard B21 Overshadowing Open Space The shadow diagrams provided by the applicant depict that the private open space of the neighbour’s to the south-west (Unit 2, 39 Redgum Drive) will be overshadowed between the hours of 9am-3pm, and will not receive 5 hours of direct sunlight as per the standard. The garage of Unit 2 of the proposal is built along the south-western boundary and is considered to detrimentally impact the private open space of the neighbouring allotment.

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Whilst the owners have withdrawn their objection in regards to the overshadowing of their open space, the minimum standard is still not met. Standard B28 Private Open Space Unit 1’s secluded open space is not adequately provided as it is located in the front setback of the unit and does not measure 25m2. The private open space only just meets the 3 metre minimum dimension required. It is considered that the private and secluded open space is not adequate for a three bedroom dwelling. The lack of privacy afforded by a 1.5 m high, partially transparent front fence is discussed earlier in this report. Unit 2’s secluded open space will be significantly overshadowed by Unit 1 as it is located to the south of this dwelling and of a proposed 2.1m high fence. The secluded open space also measures 15m2 and does not meet the minimum standard of 25m2. The larger area of private open space for Unit 2 that is able to meet the minimum dimension of 25m2 is provided to the south of the Unit, within the easement, and also fails to receive adequate sunlight throughout the day. The site plans provision of secluded and private open space is not adequate, and fails to the meet the minimum standard and objectives of B28. Standard B29 Solar Access to Open Space The private open space for Unit 2 is not adequate as it will be significantly overshadowed by the proposed 2.1 metre high fence, the wall of Unit 1 and also its own roofline, which extends over this area. The shadow diagrams depict that between 11am-3pm the open space will be provided with solar access. However, the formula (2 + 0.9h) provides how far secluded open space should be setback to the south of a wall. The wall of Unit 1 measures 3.69 metres in height, so through the formula the secluded open space needs to be setback 5.32 metres from the southern wall. The amended plans depict that the secluded open space is setback 4.1 metres from the southern wall of Unit 1. This does not meet the standard or the objective. The solar access objective is not met as there is not adequate solar access provided for the secluded private open space. Conclusion When deciding upon an application such as this, Council must be cognisant of the impact of the development’s design, and failure to meet several standards, on the future occupants of these dwellings, as well as taking a broader perspective as to the quality and standard of development being set for Mansfield Shire.

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It is recognised that other developments have been approved in the past that do not meet all of the minimum standards of clause 55. However, Council has clearly stated through the 2017-21 Council Plan, Mansfield Planning Scheme and Mansfield Township Structure Plan that high quality development is to be encouraged and achieved. Sincere attempts have been made to negotiate with the Applicant to reduce the scale of development so that it adequately responds to the site’s constraints and meets minimum standards, however these attempts have failed. Given this, tt is considered that through the aforementioned seven issues raised, the proposal does not meet the requirements of the Mansfield Planning Scheme and it is recommended that the application be refused. However, it is recommended that the Applicant be encouraged to submit a planning permit application for two, two bedroomed units that meets all minimum standards and objectives of clause 55. Recommendation: That Council: 1. Having considered all the matters required under Section 60 of the Planning and

Environment Act 1987 issues a Notice of Refusal to Grant a Permit for a two lot subdivision and buildings and works associated with the construction of two dwellings for the land known and described as 37 Redgum Drive, Mansfield (Lot 83 PS730533) based on the following grounds:

i) Failure to meet several minimum standards and objectives of Clause 55 of the

Mansfield Planning Scheme relating to two or more dwellings on a lot. ii) The proposal, in its current form, represents an overdevelopment of the site

that does not respond to its constraints or opportunities. 2. Advises the Applicant that it may support a planning permit application for the

development of two, two bedroom units on the site if all minimum standards and objectives of clause 55 of the Mansfield Planning Scheme are met.

Councillors Sladdin/Olver: That Council defer its decision and request the applicant and Council staff to meet and clarify areas of dispute.

Carried

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ATTACHMENT 10.2.2

P159-17 DA6777 - 37 REDGUM DRIVE

MANSFIELD - 2 LOT SUBDIVISION AND BUILDINGS

AND WORKS ASSOCIATED WITH THE CONSTRUCTION

OF 2 DWELLINGS

(33 PAGES)

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Figure 1: Proposed frontage of units 1 and 2 to 37 Redgum Drive, Mansfield.

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Figure 2: Amended site plan

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Figure 3: Amended elevations plan.

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Figure 4: Site plan detailing objector withdrawing their objection.

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Figure 5: Floor plan of Unit 1.

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Figure 6: Floor plan of Unit 2.

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Figure 7: 9am (22 September) shadow diagrams.

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Figure 8: 11am (22 September) shadow diagrams.

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Figure 9: 1pm (22 September) shadow diagrams.

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Figure 12: Conceptual subdivision plan.

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ATTACHMENTS

Assessment of compliance with General Residential Zone Decision Guidelines Decision Guideline Officer’s Response General The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

The application is consistent with the relevant State and Local Planning Policy where it provides medium density opportunities in close proximity to the centre of Mansfield.

The purpose of this zone. The application is consistent with the purpose of the zone where it will provide additional housing options close to Mansfield and with the availability of reticulated water and sewerage services.

The objectives set out in a schedule to this zone.

None.

Any other decision guidelines specified in a schedule to this zone.

None.

Subdivision The pattern of subdivision and its effect on the spacing of buildings.

The pattern of subdivision in the surrounding area is random, with several of the large residential allotments being subdivided in two allotments. Currently the neighbouring buildings are randomly spaced on their allotments, due to block size. Dwelling separation is diverse from approximately three metre to thirteen metres along Redgum Drive. The proposed subdivision and two units will create setbacks respecting the existing pattern of development, although private open space for unit 2/39 will be significantly impacted by the proposed development.

For subdivision of land for residential development, the objectives and standards of Clause 56.

Considered below.

Dwellings and residential buildings For the construction and extension of one dwelling on a lot, the objectives, standards and decision guidelines of Clause 54.

Not applicable as the proposal is for two dwellings.

For the construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings, the objectives, standards and decision guidelines of Clause 55. This does not apply to an apartment development of five or more storeys, excluding a basement.

Considered already.

For the construction and extension of an apartment development of five or more

Not applicable.

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storeys, excluding a basement, the objectives, standards and decisions guidelines of Clause 58. For a development of five or more storeys, excluding a basement, the Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment 2004).

Not applicable.

Non-residential use and development Whether the use or development is compatible with residential use.

The application is not for a non-residential use or development.

Whether the use generally serves local community needs.

The scale and intensity of the development. The design, height, setback and appearance of the proposed buildings and works.

The proposed landscaping. The provision of car an bicycle parking and associated accessways.

Any proposed loading and refuse collection facilities.

The safety, efficiency and amenity effects of traffic to be generated by the proposal.

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Clause 55 Assessment Clause 55 Two or more dwellings on a lot and residential buildings Purpose

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character. To encourage residential development that provides reasonable standards of amenity for existing and new residents. To encourage residential development that is responsive to the site and the neighbourhood.

A development:

• Must meet all of the objectives of this clause that apply to the application. • Should meet all of the standards of this clause.

A full assessment against the applicable standards and objectives of the clause follows:

Standard Requirement Proposed Comment B1 Neighbourhood character

• Design response must be appropriate to the neighbourhood and the site

• Design must respect the existing or preferred neighbourhood character

The proposal is considered to be mostly in keeping with the prevalent design style of the surrounding area. The subdivision is relatively new and contains many modern dwellings, some also on battle-axe formation allotments. The external materials selected for the development, being bricks and colourbond, are common throughout these new subdivision areas. The fronts of the proposed dwellings provide façade articulation with additional solar access provided due to the roofing style. The proposal includes separate angled accesses for the two allotments,

Minimum standard met, Objective met.

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with the style along Redgum Drive being a mixture of common property, battle-axe or parallel access for entry to both allotments. The proposed front setback and landscaping is not in keeping with the dominant neighbourhood character.

B2 Residential policy

• An application must be accompanied by a written statement that describes how the development is consistent with any relevant policy for housing

The applicant has provided a written response to Clause 55 and addresses local planning policy within, responding to the overall theme within the township of concentrating on infill development and promoting density.


B3 Dwelling diversity

• Applies to proposals with 10 or more dwellings

Not Applicable, proposal is two dwellings N/A

B4 Infrastructure

• Development should be connected to reticulated services

• Development should not unreasonably exceed the capacity of utility services and infrastructure

• Where there is little or no spare capacity, development should provide for appropriate upgrading or mitigation

Services available to the subject site include power, sewerage and water. Gas is not available as standard within Mansfield Shire. The addition of two dwellings is unlikely to affect the capacity of the infrastructure as the subdivision was designed with the intent that these general residential allotments are utilised for proposals such as these. There was no requirement for this application to be referred pursuant to Clause 66.01.


B5 Integration with the street

• Developments should provide adequate vehicle and pedestrian links that maintain local accessibility

• Development should be oriented to front existing and proposed streets

The subdivision will add one additional accessway than was planned at the subdivision stage. The angled accessways will be located in the north-western section of the sites frontage to Redgum Drive. The proposed dwellings frontage to Redgum Drive includes several large windows and wide windows in the skillion roof with highlight windows, which will provide additional solar access. The proposed dwelling provides an articulated building facade to the frontage of Redgum Drive.


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• High fencing in front of dwellings should be avoided if practicable

• Development next to existing public open space should be laid out to complement the open space

The front fence is transparent and will act to partially enclose the secluded and private open space for Unit 1.

B6 Street setback

• Walls of buildings should be setback from the streets:

• At least the distance specified in the schedule to the zone, the distance specified in Table B1

There are existing dwellings located either side of the proposed development. The front setback for the dwelling at 39 Redgum Drive is 3.045 metres, and the front setback for the dwelling at 35 Redgum Drive is 5 metres. The table at Standard B6 states that the minimum front setback for a dwelling with two existing neighbouring dwellings is the average distance of the neighbouring setbacks or 9 metres, whichever is lesser. The average setback distance for this property is 4.0225 metres. The objective is to ensure that setbacks of buildings respect the existing or preferred neighbourhood character. The preferred character is staggered dwellings with different setbacks. The proposed 3 metre setback is close to Redgum Drive and is to be 1 metre closer than the average of the neighbouring dwellings. The proposed 3 metre setback does not meet the objective or the minimum standard for the street setback. The applicant has not provided a justification for the proposed setback. In a broader neighbourhood context, the average setback of neighbouring dwellings and along the northern side of Redgum Drive equates to approximately 6 metres, the neighbouring dwellings being primarily single dwellings. The average setback for two unit developments along Redgum Drive is approximately 4.6 metres. Given the dominance of the built form across

Minimum standard not met, objective not met.

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the frontage of the site and little room for affective landscaping to soften this form, it is considered that reducing the front setback required by this standard result in unacceptable impacts when viewed from the streetscape.

B7 Building height

• Max 9m or as specified in schedule

• Changes in building height between existing and proposed dwellings should be graduated

The proposed design of the dwellings will be single storey and will not exceed 6m in height. This is well within the permitted building height of 9m and is in keeping with the surrounding developments.

Minimum Standard met, Objective met.

B8 Site coverage

• Max 60% site coverage

The total site coverage of the building footprint across both proposed lots is shown to be 53.6% and as such is below the permissible 60% required by the standard.


B9 Permeability

• Minimum 20% of the site to be permeable surface

The two lot subdivision and proposed dwellings can maintain the 20% permeability requirements. Permeable area is depicted as being 32.2% of the site. Furthermore, Engineering conditions will require an on-site rainwater detention tank with a retention capacity of no less than 2000L.

Minimum standard can be met subject to conditions, Objective met.

B10 Energy efficiency

• Buildings should be orientated to make appropriate use of solar energy, sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced

• Living areas and private open space should be located on the north side of the development, if practicable.

The proposal does not indicate that solar panels are intended to be incorporated into the development. The orientation of the allotment, with a long axis of north-west to south-east, limits the design of the dwellings to contain significant north-facing windows or roof whilst still remaining parallel with the allotment boundaries. It is noted that for both dwellings, habitable rooms such as bedrooms and kitchen have been located on the northern and southern elevations of the dwelling. The dining rooms, master bedrooms and lounges have a north or north-east orientation. The orientation and slope of the skillion roofs is not considered to be optimal for the installation of solar panels.

Minimum standard not met, Objective met.

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B11 Open space

• Public or communal open space to be substantially fronted by dwellings

• Provide outlook for as many dwellings as practical

• Be designed to protect any natural features on the site

• Be accessible and useable

Not Applicable, no communal space proposed. N/A

B12 Safety • Entrances, planting, lighting and private spaces should be designed to provide for the safety and security of residents and property

The entrance to Unit 1 will be fully visible from Redgum Drive, however the entry to Unit 2 is completely obscured from any public spaces. The proposed secluded private open space and private open space will be fronting Redgum Drive which creates safety concerns for the proposal. This concern was raised with the applicant however no redesign was proposed. The proposed primary open space for unit 1 will be setback three metres from Redgum Drive partially transparent by a 1.5 metre high fence. This allows direct views into the space from the street. Therefore this space is not secluded.

Minimum standard not met, Objective not met.

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B13 Landscaping

• Landscape layout should protect any predominant landscape features of the neighbourhood, take into account soil type and drainage patters, allow for intended vegetation growth and structural protection of buildings, maintain existing habitat where relevant and provide a safe, attractive and functional layout for residents

• Development should provide for retention or planting of trees where appropriate

• Development should provide for the replacement of any significant trees that have been removed in the last 12 months

• The landscape design should specify landscape themes, vegetation, paving and lighting

There are two proposed trees along the sites frontage and smaller plantings proposed along Lot 2’s driveway. The driveway plantings proposed are quite small in nature and are considered to be untenable given the landscaping buffer is only 20 centimetres on either side of the driveway and sandwiched between high fences. The proposed front setback and private open space do not provide enough width for a significantly sized tree to be planted. The proposed reduction in front setback standards to 3 metres also means there is little room for landscaping to soften the building bulk and hard surfaces. A landscaping plan has not been submitted with the application to demonstrate that the landscaping will be able to be maintained or effective in softening the built form.


B14 Access • Accessways should be The proposed accessways to Lot A and Lot B incorporate approximately Minimum

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designed to provide convenient, safe and efficient vehicle movements and connections with the street

• Accessways should be designed to ensure vehicles can exit a development in a forwards direction if the accessway serves 5 or more car spaces, 3 or more dwellings, or connects to a road in a Road Zone

• Accessways should be at least 3m wide

• Accessways should have an internal radius of at least 4m at changes in direction

• Vehicle crossings should not exceed 33% of the street frontage

• No more than one single width crossover should be provided for each dwelling fronting a street

• The location of crossovers should maximise the retention of on-street car parking spaces

• The number of access

8 metres of the entire 26.02 metre frontage to Redgum Drive. This is approximately 30% of the site’s frontage to Redgum Drive. The proposal meets the standard, however it is considered the visual impact of the two crossovers is detrimental to the streetscape.

Council’s Engineering Department has raised concerns about the safety of Unit 2’s accessway in that is requires cars to reverse down a 15 metre long driveway bounded by high fences. Visibility is therefore low, leading to safety concerns. Unit 1 has a double crossover rather than a single crossover, thereby exasperating the visual impact of the built form. The proposed location of crossovers side by side does not maintain the retention of on street parking. The driveway of unit 2 is a total of 3.4 metres wide, including 20 centimetres of landscaping each side of the driveway. The high fences to either side of the driveway would make it difficult for larger vehicles to safely exit the site.

standard not met, objective not met.

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points to a road in a Road Zone should be minimised

• Developments must provide for access for service, emergency and delivery vehicles

B15 Parking location

• Car parking facilities should be reasonably close and convenient to dwellings and residential buildings, be secure, and be well ventilated if enclosed

As part of the design, each dwelling is proposed to have a double garage constructed on the south-western side of the dwelling (as per the requirements of Clause 52.06). These provide ample parking space for residents whilst providing direct access to the dwellings. Off street visitor parking for Unit 1 is not satisfied, as the garage for the unit is only setback 4 metres at the closest point from Redgum Drive. The small setback provides the potentially for visitor car parking to overhang out onto Redgum Drive.

Minimum standard met, objective met

B17 Side and rear setbacks

• 1m plus 0.3m for every metre above over 3.6m in height

The two units will have their garage located on boundaries. Unit 1’s garage roof height will be 3.2 metres and Unit 2’s garage roof height will be 2.9 metres in height (at the request of objectors). The two heights are less than the 3.6 metre maximum boundary height allowable on a lot boundary. Unit 2 will have a maximum wall height of 5.188 metres with a one metre setback from the north-eastern boundary. Diagram B1 states that a 1 metre setback is allowable up until a building height of approximately 6 metres.


B18 Walls on boundaries

• 10m + 25% on or within a boundary

The two proposed units both will have the garages built on the property boundary. The garages will be located on their respective property boundaries for no more than 8.5 metres in length. Unit 1’s garage is to be located on Lot 1’s boundary for a total of 8 metres. The standard allows a total of 11.25 metres of buildings to be on boundaries for Lot 1 and Lot 2


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allows 16.4525 metres of buildings to be on boundaries. The proposal meets the standard.

B19 Daylight to existing windows

• Existing habitable room windows provided with a light court of 3m2 with dimension of 1m clear to the sky

The neighbouring dwelling at 35 and 39 Redgum are setback a significant distance from the proposed dwelling. The existing habitable room windows will be provided with the required amount of daylight.

Minimum standard met, objective met.

B20 North-facing windows

• North facing windows within 3m of boundary set back 1+0.6 (X-3.6)

Unit 2’s garage will be located on the boundary shared with 39 Redgum Drive. Habitable windows from 39 Redgum are approximately 4.7 metres from the boundary fence. This does meet Diagram B3 north-facing windows because the neighbouring allotment at 39 Redgum Drive is setback more than 3 metres from the shared boundary.


B21 Overshadowing open space

• Where sunlight to the secluded private open space of an existing dwelling is reduced, 75% or 40m2 with a dimension of 3m whichever is the lesser should require a minimum 5 hours direct sun between 9am-3pm on 22 September

The development of Unit 2 has the potential to result in morning and afternoon overshadowing into the primary secluded private open space of the dwelling at 2/39 Redgum Drive. The shadow diagrams provided by the applicant depicts that the private open space for Unit 2/39 Redgum will be significantly impacted by the proposed garage for Unit 2 of the subject site. The required five hours of direct sunlight between 9am-3pm cannot be met. Between the hours of 1pm-3pm the site receives direct sunlight, whilst the majority is overshadowed through the rest of the day. The objective is not met as the proposed garage does significantly overshadow the existing secluded private open space.


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B22 Overlooking

• Windows with a direct outlook to other windows and overlooking from openings over private open space of adjoining dwellings should be designed to avoid direct views within 9m or be screened within 9m

The proposal is single storey and as such overlooking will not be a conceivable problem.


B23 Internal views

• Windows and balconies to prevent overlooking of more than 50% of the secluded private open space of a lower level dwelling within the same development

The dwelling units are single storey in height and spacing between the two dwellings is sufficient, ensuring there should not be any overlooking issues for the two units.

N/A

B24 Noise impacts

• Design and siting to take account of noise sources

Noise emissions from the proposal will not exceed those associated with typical residential development.


On-Site Amenity and Facilities B25 Accessibility

• Dwelling entries of the ground floors should be accessible or able to be easily made accessible to people with limited mobility

Both units are proposed to be single storey and will not contain any stair cases. Access to the units for persons with limited mobility is provided via front doors at ground level or through the garage.


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B26 Dwelling entry

• Entries to dwellings should be visible and easily identifiable from the street, and provide shelter, a sense of address and a transitional space around the entry

Unit 1’s entryway is visible from Redgum Drive. Unit 2’s pedestrian entry is completely obscured from Redgum Drive as it is obscured by Unit 1; however the accessway along the southern boundary gives an obvious indication of where Unit 2 is, with the pedestrian access easily visible once the accessway is entered.


B27 Daylight to new windows

• Habitable room windows should allow adequate daylight into habitable rooms

The standard is achieved as there are currently no existing buildings within 3 metres of the development.


B28 Private open space

• Each dwelling to have an area of 40sqm of open space, with one part of the private open space at the side or rear with a minimum area of 25sqm, a minimum dimension of 3m and convenient access from a living room.

The site plans for the development indicate private open space provisions of 58m2 for Unit 1 and 84m2 for Unit 2. However the indicated area is total open space. The revised site plan depicts secluded open space for Unit 1 being the entertaining area which appears to be covered by the unit’s roof. Unit 1 contains a section of private open space that is accessible from the dwellings lounge room and is 3 metres wide. The private open space indicated on the site plan states that the space will be 58m2. Unit 1’s secluded open space is proposed to be extended out to be level with the dwellings frontage to Redgum Drive, which is a setback of 3 metres. The secluded open space is considered to be the paved area on the site plan marked ‘outdoor entertaining’. This area is a total of 12m2 and does not meet the standard that states that the secluded area must be at the side or rear of the dwelling. This does not meet the standard or objective as it does not provide adequate private and secluded open space for reasonable recreation for the occupants of a three bedroom dwelling. The revised site plan has stated that Unit 2 will have 84m2 of private open space to the south and in the existing easement. The kitchen opens directly out into the private open space, instead of the lounge room. The secluded open space is proposed to be located in front of Unit 2 in the


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area marked in ‘Outdoor entertaining’. This provides a secluded open space area that measures approximately 15m2 and will be significantly overshadowed by Unit 1 and the 2.1 metre high fence located one metre to the north of the area. Unit 2’s secluded open space does not meet the standard. The objective states that there must be adequate open space provided for reasonable recreation and to service the needs of the residents. Although the total open space provision is sufficient; the secluded open space does not comply with the objective or the standard and does not provide for viable open space.

B29 Solar access to open space

• Private open space should be provided on the north side of the dwelling

• The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.

Unit 1’s private open space is proposed to be in the north-east of the site; however the provided shadow diagram depicts the space being subject to significant shadow. The space will be provided with solar access only between 12pm-3pm. Unit 2’s private open space in two parts; one part between units 1 and 2, to the south of unit 1 and the other to the rear of unit 2 where the easement is. The south of the site contains an easement; therefore this is where the private open space is located. The shadow diagram depicts that between 11am-3pm the space will be provided with solar access. However, the formula (2 + 0.9h) provides how far secluded open space should be setback to the south of a wall. The wall of Unit 1 measures 3.691 metres in height, so through the formula the secluded open space needs to be setback 5.3219 metres from the southern wall. The amended plans depict that the secluded open space is setback 4.1 metres from the southern wall of unit 1. This does not meet the standard or the objective.


B30 Storage • Each dwelling to have 6m3 of secure, external secure storage

The site plans for application show a 6m3 storage area for both units. Minimum standard met, objective met.

B31 Design detail

• Design should respect existing or preferred neighbourhood character

As the development is proposed in a relatively new subdivision, there are currently no dominant neighbourhood construction or colouration trends. The proposed design of the dwellings is typical of an urban landscape,


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• Garages and car ports should be visually compatible with the development and the existing or preferred neighbourhood character

being constructed of brick with a mixture of timber and colourbond roofing and will not stand out in the landscape.

B32 Front fence

• Front fences within 3 metres of a street should not exceed 1.5m (or 2m to a street fronting a RDZ1)

Front fencing is proposed to screen secluded and private open space on the north-eastern side of Unit 1. This proposed fencing is to be 1.5 metres in height, which is also partially transparent and therefore not a suitable screen for private open space.


B33 Common property

• Common property be functional and capable of efficient management

No common property is proposed. Minimum standard met, objective met.

B34 Site services

• Sufficient space required for services to be installed and maintained

• Appropriate provision required for bin and recycling storage and provision for mailboxes

The site layout has provided for garbage bin storage and postal boxes. There remains space at the front of the allotment for the maintenance of any services necessary.


Summary Overall, it is considered that the proposal is not consistent with several key applicable standards and objectives, outlined within Clause 55 of the Mansfield Planning Scheme. Attempts to negotiate an improved design have failed. The lack of compliance with Clause 55 indicates that the proposal represents an overdevelopment of the site.

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Clause 56 Assessment Clause 56 Residential Subdivision Purpose

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To create liveable and sustainable neighbourhoods and urban places with character and identity. To achieve residential subdivision outcomes that appropriately respond to the site and its context for:

o Metropolitan Melbourne growth areas.

o Infill sites within established residential areas.

o Regional cities and towns.

To ensure residential subdivision design appropriately provides for:

o Policy implementation.

o Liveable and sustainable communities.

o Residential lot design.

o Urban landscape.

o Access and mobility management.

o Integrated water management.

o Site management.

o Utilities.

A full assessment against the applicable standards and objectives of the clause follows:

Clause 56 Assessment Standard Assessment Conclusion CLAUSE 56.03 LIVABLE AND SUSTAINABLE COMMUNITIES

Standard C6* Neighbourhood character

The proposal is considered to be mostly in keeping with the prevalent design style of the surrounding area. The subdivision is relatively new and contains many modern dwellings, some also on battle-axe formation allotments. The external materials selected for the development, being bricks and colourbond, are common throughout these new subdivision areas. The fronts of the proposed dwellings provide façade

Complies

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Standard Assessment Conclusion articulation with additional solar access provided due to the roofing style.

CLAUSE 56.04 LOT DESIGN

Standard C8* Lot area and building envelopes

The lots are large enough to withhold a typical residential dwelling with areas and dimensions that enable the appropriate siting of private open space, vehicle access, car-parking space and adequate solar access. The two undeveloped lots will be able to contain a building envelope rectangle measuring 10m by 15m.

Complies

Standard C9* Solar orientation of lots

The standard requires 70% of lots be provided with good solar access. It is considered that this standard is achieved as the long axis of lots are within the range north 20 degrees west to north 30 degrees east, or east 20 degrees north to east 30 degrees south. The newly created lot will have a minimum of 26.02 metres of unobstructed northern-eastern boundary with no buildings present within two metres of the boundary at 35 Redgum Drive. As such, the standard is considered met.

Complies

Standard C11* Common area

There is no common area proposed. Not applicable

CLAUSE 56.06 ACCESS AND MOBILITY MANAGEMENT

Standard C21* Lot access

There is one existing crossover providing entry to 37 Redgum. The proposal includes an additional crossover to provide entry to the garage of Unit 1. Access for the adjoining allotments is provided on the other side of their respect frontages, when in arrangement with the subject site.

Complies

CLAUSE 56.07 INTEGRATED WATER MANAGEMENT

Standard C22* Drinking water supply

Reticulated drinking water will be supplied to all the lots in the subdivision.

Complies

Standard C23* Reused and recycled water

A recycled water supply is not available in the area. Not applicable

Standard C24* Waste water management

A reticulated waste water system will be provided to all the lots in the subdivision in accordance with Goulburn Valley Water's requirements.

Complies

Standard C25* Urban run-off management

Council’s Engineering Department will require the applicant to enter into a Section 173 Agreement to ensure the requirements for adequate and functional on-site storm water detention is met in the future. This will need to be to the satisfaction of the

Complies with conditions

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Standard Assessment Conclusion responsible authority.

CLAUSE 56.08 SITE MANAGEMENT

Standard C26* Site management

A condition of the permit will require that the site works do not cause visual or audible material detriment to the streetscape or neighbouring properties during the construction phase of the subdivision.

Complies

CLAUSE 56.09 UTILITIES

Standard C27* Shared trenching

Shared trenching will be used for underground services wherever possible.

Complies

Standard C28* Electricity, telecommunications and gas

Access to electricity and telecommunications will be required as per standard subdivision conditions. The existing dwelling has established utility connections. There is no reticulated gas supply available within the Mansfield Shire.

Complies

Through the application of conditions the application is able to comply with the requirements of Clause 56.

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Clauses 65.01 and 65.02 Decision Guidelines Assessment General Provisions The Decision Guidelines at Clauses 65.01 and 65.02 must be considered.

Clause 65.01 Assessment Decision Guideline Officer’s Response The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

The application is considered to be consistent with the State and Local planning policy.

The purpose of the zone, overlay or other provision.

The purpose of the General Residential Zone is to provide a diversity of housing options in close proximity to townships. The proposal provides medium density housing in an already established subdivision.

Any matter required to be considered in the zone, overlay or other provision.

Clause 55 and Clause 56 have been assessed as part of the application.

The orderly planning of the area. The site is located in an existing subdivision, and there already several unit developments along Redgum Drive.

The effect on the amenity of the area. The proposal will affect the amenity of the area, especially for neighbouring allotments. The overshadowing of Unit 2’s garage on to the private open space for Unit 2/39 Redgum Drive is significant. Whilst the amended plans provided have satisfied the owner to withdraw their objection, the requirements of Standard B21 under Clause 55 are still required to be assessed. The private open space amenity of the unit at 2/39 Redgum Drive will be impaired by the proposed development, so much so that it does not meet the standard or objective. The frontage of the proposed Unit 1 will also affect the amenity of the area. The reduced frontage will be exposed further due to the site being on the apex of the corner, which is exasperated by 35 Redgum Drive’s setback of 5 metres. The frontage of Unit 1 will stand out on the streetscape, and without sufficient space for landscaping in the frontage the amenity of the neighbourhood will be affected.

The proximity of the land to any public land. There is no public land located nearby. Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

If a permit were to be granted it would include conditions from Council’s Engineering Department regarding stormwater and runoff to not affect neighbouring properties.

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Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site.

Council’s Engineering Department have provided conditions relating to stormwater.

The extent and character of native vegetation and the likelihood of its destruction.

There is no native vegetation located on the site.

Whether native vegetation is to be or can be protected, planted or allowed to regenerate.

There is no native vegetation located on the site.

The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.

Not applicable.

The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road safety impacts.

Not applicable.

Clause 65.02 Assessment

Decision Guideline Officer’s Response The suitability of the land for subdivision. The subject site is suitable for the proposed

subdivision as it is located within a new subdivision that includes allotments varying in size. The site features connection to reticulated sewerage and water available along Redgum Drive. The development site is located within two kilometres of the centre of Mansfield.

The existing use and possible future development of the land and nearby land.

The surrounding area is a fully serviced residential area within the township of Mansfield, which is unlikely to change. There is the potential for future development to occur both in the same vein as the proposed subdivision and also on the larger General Residential Zoned along Redgum Drive.

The availability of subdivided land in the locality, and the need for the creation of further lots.

There are several further subdivided allotments along Redgum Drive, most of which would not require a planning permit for a dwelling. There are currently several subdivision progressing their latter stages surrounding the subject site including; The Grange and Cambridge Estate. The proposed subdivision will create a significant sized allotment in close proximity to the centre of Mansfield.

The effect of development on the use or development of other land which has a common means of drainage.

Council’s Engineering Department will require the appropriate management of drainage through the requirement for a Section 173 Agreement to provide adequate and functional on-site storm water detention.

The subdivision pattern having regard to the physical characteristics of the land including existing vegetation.

There is an irregular subdivision pattern along Redgum Drive. Allotments range in size and the developer has allowed further subdivision from landowners to provide a variety of allotment sizes.

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There is very little vegetation on or surrounding the site. The majority of red gums surrounding the site have either been removed or are part of the next undeveloped stage of the subdivision.

The density of the proposed development. The proposed two lot subdivision will create two allotments being 374m2 and 427m2 in size. This is consistent with the further subdivided allotments along Redgum Drive.

The area and dimensions of each lot in the subdivision.

The proposed two lot subdivision will create two allotments being 374m2 and 427m2 in size. This is consistent with subdivision in the area.

The layout of roads having regard to their function and relationship to existing roads.

There will be no internal roads, only the proposed driveway into Lot 2.

The movement of pedestrians and vehicles throughout the subdivision and the ease of access to all lots.

The two allotments will be accessed from the north-eastern side of the sites frontage to Redgum Drive.

The provision and location of reserves for public open space and other community facilities.

Not applicable.

The staging of the subdivision. Not applicable. The design and siting of buildings having regard to safety and the risk of spread of fire.

The two proposed dwellings are to be located close to each other. The threat of the spread of fire is no different to any other development in the immediate area.

The provision of off-street parking. Off street parking is not provided for Lot 1 as the garage is proposed to be setback approximately 4 metres from the frontage. This creates the potential for visitor vehicles to overhang the driveway and provide safety issues on to Redgum Drive. No off street parking is shown for Unit 2, however this could be provided by parking in tandem in front of the proposed garage.

The provision and location of common property.

There is no common property proposed.

The functions of any body corporate. Not applicable. The availability and provision of utility services, including water, sewerage, drainage, electricity and gas.

The permit could be conditioned to require the landowner to enter into agreements with the relevant authorities for the provision of water, sewerage, drainage, electricity and gas services.

If the land is not sewered and no provision has been made for the land to be sewered, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot.

Reticulated sewerage is available to the site.

Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and siting of open space areas.

There is no native vegetation proposed to be removed.

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10.2 DEVELOPMENT SERVICES CONT. 10.2.3 P001-18 DA6866 - 95 Stoneys Road Mansfield - Earth and Energy

ResourcesIndustry (Extraction of Clay) File Number: DA6866 Responsible Officer: Team Leader Statutory Planning, Steven Hicks Disclosure of Conflicts of Interest The author of this report does not have a direct or indirect interest in this matter, as provided in accordance with the Local Government Act 1989. Introduction The purpose of this report is to seek Council’s determination of an application for a planning permit for the use of land and works associated with earth and energy resources industry (extraction of clay) at land described as Lot 1, 2, 3 and 4 TP873108 and addressed as 95 Stoneys Road, Mansfield. A planning permit is required to use and develop land for ‘earth and energy resources industry’ under the Mansfield Planning Scheme. For ease of readability of this report, the proposed use will be referred to as ‘extraction of clay’. Mansfield Shire Council are in the process of rehabilitating Monkey Gully landfill site in accordance with EPA Best Practice Environmental Management Guidelines (BEPM). As part of the rehabilitation works Council has engaged a contractor to construct a low permeable clay cap over the existing landfill. The terms of the current contract require the completion of all works by 30 June 2018. Mansfield Shire Council has negotiated with the land owner of the property at 95 Stoneys Road for the extraction of approximately 4,500 m³ of low permeable clay material. On completion of the extraction works, which is expected to take 12 months, it is proposed the areas will be converted into a stock and domestic dam subject to Goulburn Murray Water approval or reinstated to grazing land. Application Details Application Details Applicant North x North East Pty Ltd Proposal Use of land and works associated with earth and

energy resources industry (extraction of clay) Application lodged 9 January 2017 Notice and Submissions Notice on site and in local newspaper. Notice given

to adjoining properties. No objections received. Property Details Property Address 95 Stoneys Road, Mansfield Land Description Lots 1,2, 3 and 4 TP873108U Land Area 180.3 hectares Existing Use Agriculture Restrictive Covenant Nil

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10.2.3 P001-18 DA6866 - 95 Stoneys Road Mansfield - Earth and Energy Resources Industry (Extraction of Clay) Contd

Planning Provisions Zone Clause 35.07 Farming Zone Overlays Clause 42.03 Significant Landscape Overlay –

Schedule 1 Clause 44.04 Land Subject to Inundation Overlay

State Planning Policy Framework

Clause 11.07-1 Regional Planning Clause 11.12-1 A diversified economy Clause 12.04- 2 Landscapes Clause 14.01-1 Protection of agricultural land Clause 14.02-1 Catchment planning and management Clause 14.03 Resource exploration and extraction

Local Planning Policy Framework

Clause 21.05-1 Landscapes Clause 22.02, Design and siting guidelines in rural areas and upon significant ridgelines

Particular Provisions Clause 52.08 Earth and energy resources industry General Provisions Clause 65 Decision guidelines

Clause 66 Referral and notice provisions Permit Triggers Farming Zone Significant Landscape Overlay Earth and Energy Resources Industry

Clause 35.07-1 Section 2 use in the Farming Zone Clause 35.07-4 Building and works in the Farming Zone Clause 42.03-2 Building and works under Significant Landscape Overlay - Schedule 1 Clause 52.08-1 Use of land and works associated with earth and energy resources industry.


No

Executive Summary The proposal is for application for a planning permit for the use of land and works associated with earth and energy resources industry (extraction of clay) at land described as Lots 1, 2, 3 and 4 TP873108 and addressed as 95 Stoneys Road, Mansfield. The key points of the proposal are: · The extraction of clay is to be undertaken by a contractor engaged by Mansfield Shire

Council to carry out works to rehabilitate the Monkey Gully landfill site.

· The total extraction volume is estimated to be approximately 4,500 m³.

· For the extraction of stone not exceeding one (1) hectare in area and not beyond two (2) metres in depth The Minister for Energy and Earth Resources Gazetted an exemption from the requirements of the Mineral Resources (Sustainable Development) Act 1990 on 23 December 2009. Note that ‘clay’ falls under the definition of stone under the Act. The proposal can be conditioned to meet the Ministerial exemption.

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· The Applicant estimates that around 4,500 m³ of clay material will be extracted from two

nominated sites. Given a truck and dog capacity of 40 m³ this equates to approximately 112 vehicle trips to and from the extraction site over the duration of the project.

· No processing of the material or additional development of buildings is proposed.

· The nominated extraction areas will be located approximately one (1) kilometre from the nearest dwellings in separate ownership and over 950 metres from Mt Buller Road.

· Due to the topography of the surrounding area, the proposed sites are not in areas considered to be visually dominant on the landscape.

· All truck movements to and from the extraction sites will via Stoneys Road to Mt Buller Road.

· The proposal was advertised to adjoining landowners and notices placed on site and in the newspaper. To date no objections have been received.

· On completion of the extraction works it is proposed the areas will be converted into a stock and domestic dam subject to Goulburn Murray Water approval or reinstated to grazing land.

After considering State and Local Planning Policy, the objectives of the Farming Zone, the Significant Landscape Overlay (Schedule 1) and Particular Provisions in relation to earth and energy resources industries, it is recommended that a planning permit be issued in relation to the proposed use and development subject to conditions. Background Subject site & locality The subject site is described as Lot 1, 2, 3 and 4 TP873108 and addressed as 95 Stoneys Road, Mansfield. The site is located in the Farming Zone. The roughly rectangular parcel has a total area of 180.3 hectares with frontage to Mt Buller Road, Stoneys Road and Pollards Road. The parcel is made up of 4 lots, Lot 1, 2, 3 and 4 TP873108U. The works are proposed to be conducted in Lots 3 and 4 which are 44.02 and 50.19 hectares respectively. The land has a gently undulating topography with several waterways running north west through the property. The land is typical of the surrounding area with large parcels of agricultural land used predominantly for cropping and grazing. The nearest extraction site to the Mt Buller Road is approximately 950 metres south of the road. Mt Buller Road forms the alpine approach route but the distance from the road to the activity, the topography and scattered trees on the property, it is considered that the extraction sites will not have a significant impact on the landscape.

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The nearest extraction site to the Stoneys Road is adjacent to an existing property access and dam at approximately 100 metres from the road. Stoneys Road is a Council managed gravel road. The extraction areas are located approximately 160 metres west and 300 metres north of the dwelling on the property and situated in low lying areas of the land. The nominated extraction areas will be located approximately one (1) kilometre from the nearest dwellings in separate ownership.

Figure 1; Aerial view of subject site and surrounds Permit/Site History There is no previous history of planning permits having been issued for the site. Proposal The proposal is for the use of land and works associated with earth and energy resources industry (extraction of clay) on the land described as Lots 1, 2, 3 and 4 TP873108 and addressed as 95 Stoneys Road, Mansfield.

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The intention of the Applicant is for the land use to comply with the definition of ‘earth and energy resources industry’ (extraction of clay) under the Mansfield Planning Scheme in that the area from which the clay will be extracted will not exceed one (1) hectare in area and not beyond two (2) metres in depth. All truck movements to and from the extraction sites will via Stoneys Road to Mt Buller Road. The Applicant estimates that around 4,500 m³ of clay material will be extracted from two nominated sites. Given a truck and dog capacity of 40 m³ this equates to approximately 112 vehicle trips to and from the extraction site over the duration of the project. The site plan for the proposal can be found in Attachment 1. The terms of the current contract require the completion of all works by 30 June 2018. Any issued permit will be conditioned to require amended plans to be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the drawings provided but modified to show: · The areas to be excavated clearly identified, dimensioned and drawn to scale. · Identifying that the maximum area to be excavated is no more than 1 hectare in total. · A cross section of the excavation areas showing that the maximum excavation is 2

metres in depth. · A site plan clearly showing setbacks of the excavation areas to all property

boundaries. · Hours of operation. Any issued permit will be conditioned to require a rehabilitation plan for the extraction area to be submitted. The rehabilitation plan will be required to contain, but not be limited to: · Existing conditions; · The objective of the end use (eg farming, agriculture); · Progressive rehabilitation methodology of disturbed areas; · Staging and timing of rehabilitation. Mansfield Planning Scheme Context State Planning Policy Framework (SPPF) The relevant provisions of the SPPF which must be considered in the assessment of this proposal are outlined in this section. Clause 11.07-1 Regional Planning The strategy aims to: maintain and provide for the enhancement of environmental health and productivity of rural and peri-urban landscapes by: avoiding development impacts on land that contains high biodiversity values, landscape amenity, water conservation values, food production and energy production capacity, extractable resources and minerals, cultural heritage and recreation values, assets and recognised uses.

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Officer analysis Complies as:

· It is considered that the proposed clay extraction area is modest and that even when visible from the sections of Mt Buller Road from the north, it is not considered to adversely impact on the landscape values of the site.

· The nature of the proposal and how the clay material will be extracted mean that relatively small areas will be exposed at any one time.


· The land is not high in biodiversity value as it is highly modified pasture. Clause 11.12-1 A diversified economy The clause provides the following relevant strategies:

· Plan for rural areas by considering the location of earth resources, the potential for their future extraction and how to minimise impacts on sensitive uses and the environment.

· Support the availability of construction materials locally and consider measures to facilitate and manage their extraction.

· Maintain and develop buffers around mining and quarrying activities to manage potential land use conflicts.


· State planning policy encourages the development of land for the extraction of earth resources providing adequate buffers are provided to minimise land use conflicts.

· It is important note that the buffer to neighbouring dwellings is in excess of one (1) kilometre.


Clause 12.04-2 Landscapes The clause includes the following relevant objective and strategies:

· To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.

· Recognise the natural landscape for its aesthetic value and as a fully functioning system.

· Ensure natural key features are protected and enhanced. Officer analysis Complies as:

· It is considered that the landscape will not be adversely impacted by the proposed small scale clay extraction activity.

· The subject site has been used extensively for grazing and cropping with no vegetation proposed to be removed.

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· The extraction area is not considered to have a significant visual impact when

viewed from any major roads or public view points. · The dwellings in the neighbourhood are in excess of one (1) kilometre for the

extraction sites. Clause 14.01-1 Protection of agricultural land The relevant strategy of the clause is 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. Officer analysis Complies as:


Clause 14.02-1 Catchment planning and management The clause includes the following strategy to: Encourage measures to filter sediment and wastes from stormwater prior to its discharge into waterways, including the preservation of floodplain or other land for wetlands and retention basins. Officer analysis Complies as:

· Any issued will include conditions to mitigate effects of run off and control sediment, as set out by Goulburn Murray Water.

Clause 14.03 Resource exploration and extraction The clause states as its objective: to encourage exploration and extraction of natural resources in accordance with acceptable environmental standards and to provide a planning approval process that is consistent with the relevant legislation. Strategies under this clause include:

· Planning schemes must not impose conditions on the use or development of land that is inconsistent with the Mineral Resources (Sustainable Development) Act 1990, the Greenhouse Gas Sequestration Act (2008), the Geothermal Energy Resources Act (2005), or the Petroleum Act (1998).

· Planning permit applications should clearly define buffer areas appropriate to the nature of the proposed extractive uses, which are to be owned or controlled by the proponent of an extractive industry.

· Buffer areas between extractive activities and sensitive land uses should be determined on the following considerations:

o Appropriate limits on effects can be met at the sensitive locations using practical and readily available technology.

o Whether a change of land use in the vicinity of the extractive industry is proposed.

o Use of land within the buffer areas is not limited by adverse effects created by the extractive activities.

o Performance standards identified under the relevant legislation.

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· State policy encourages earth and energy resources industry (extraction of clay). · Appropriate buffers are considered to be provided between the proposed extraction

area and neighbouring residences. · The scale of the operation is considered to be relatively small, not a permanent use

for the site, and complies with exemptions for small operations set out by the Minister for Energy and Resources.

· Conditions will be placed on any issued permit to ensure there are no adverse environmental and amenity impacts from the land use and that rehabilitation is undertaken once the clay material has been removed.

· The potential for noise generated from the proposed use are considered to be within those acceptable in a Farming Zone.

Local Planning Policy Framework (LPPF) The relevant objectives and policies requiring consideration in this application are predominantly associated with the protection of the landscape, as outlined below. Clause 21.05-1 Landscapes The clause provides the following relevant objectives and strategies:

· To recognise and protect the environmental and landscape significance of the broader alpine approach areas.

· Protect significant landscape features, large old trees, visually significant ridges and view corridors of the Shire.

Clause 22.02 Design and siting guidelines in rural areas and upon significant ridgelines The relevant objective of the clause is: To ensure that access driveways and other earthworks are designed and sited to limit environmental impact and the impact on the visual amenity. Officer analysis Complies as: The proposed extraction area is located on relatively flat land with existing vegetation screening and will have limited effect on distant view lines and prominent ridgelines of the surrounding landscape. The proposed excavation area will have limited visual access as seen from the alpine approach, being Mount Buller Road. Zoning and Overlays Clause 35.07 Farming Zone The subject land, and surrounding area, is zoned Farming under the Mansfield Planning Scheme.

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The relevant purposes of the Farming Zone include:

· To encourage the retention of productive agricultural land. · To ensure that non-agricultural uses, including dwellings, do not adversely affect

the use of land for agriculture. Permit triggers:

· Clause 35.07-1 Table of uses states that any other use not specifically mentioned in Section 1 or 3, including earth and energy resources industry is a section 2 use in the Farming Zone, permit required.

· Clause 35.07-4 states that a permit is required to construct or carry out a building or works associated with a use in Section 2 in the Farming Zone.


· When taking a broader view in terms of the range of zones across the municipality it is considered that the Farming Zone is an appropriate zone for the extraction of clay material the proposed use of the land will also not result in the use of highly productive agricultural land.


· Permit conditions can ensure appropriate rehabilitation and land management practices are employed on the subject site.

Clause 42.03 Significant Landscape Overlay (Schedule 1) The subject land is also covered by Schedule 1 to the Significant Landscape Overlay. The landscape character objectives to be achieved are:

· Identify and protect the visual values of the landscape of state significance on the approaches to mountains and ranges, including Mount Buller, Mount Stirling, Mount Timbertop and other significant mountains.

· Protect short and long distance views of Mount Buller from the Mt Buller Road, other approach roads and public viewpoints.

· Avoid the visual impact of buildings and works in the landscape. · Minimise the visual impact of buildings and works by requiring setbacks from

prominent visual areas, ridgelines and adjoining and nearby private land. The relevant decision guidelines are:

· The impact of the proposed buildings and works on the landscape including effect on landscape within and outside the land (due to siting, design, size, and colour and texture of external construction materials), flora and fauna, land form, heritage values, and views to the land from roads, other public viewpoints and private land.

· The impact of buildings and works on views to the land from any road, public viewpoints and private land.

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Permit trigger:

· Clause 42.03-2 states that a permit is required to carry out works. Officer analysis Complies as:

· It is considered that the landscape will not be adversely impacted by the proposed small scale clay extraction activity.

· The extraction area is not considered to have a significant visual impact when viewed from any major roads or public view points.

· The proposed extraction area is located on relatively flat land with existing vegetation screening and will have limited effect on distant view lines and prominent ridgelines of the surrounding landscape.

· The proposed excavation area will have limited visual access as seen from the alpine approach, being Mount Buller Road.

Clause 44.04 Land Subject to Inundation Overlay Officer analysis The lands northern boundary is partially affected by the Land Subject to Inundation Overlay. This is limited to Lot 2 and outside the proposed area of works so there is no trigger for a planning permit under the overlay. Particular Provisions Clause 52.08-1 Use of land and building and works of land for earth and energy resources industry The purpose of the clause is:

· To encourage land to be used and developed for exploration and extraction of earth and energy resources in accordance with acceptable environmental standards.

· To ensure that mineral extraction, geothermal energy extraction, greenhouse gas sequestration and petroleum extraction are not prohibited land uses.

· To ensure that planning controls for the use and development of land for the exploration and extraction of earth and energy resources are consistent with other legislation governing these land uses.

Pursuant to Clause 52.08-1 of the Mansfield Planning Scheme a planning permit is required to use and develop land for earth and energy resources industry. Officer analysis Complies as:

· Section 5AA of the Mineral Resources (Sustainable Development) Act 1990 states that the provisions of the Act do not apply to or with respect to an extractive industry exempted by notice published in the Government Gazette by the Minister from compliance with any of those provisions of this Act relating to extractive industries whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.

· The Minister for Energy and Resources Gazetted an exemption for the extraction or removal of stone, within the proposed parameters, from the requirements of the Mineral Resources (Sustainable Development) Act 1990 on 23 December 2009.

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· For the purposes of the Act the definition of stone includes ‘clay’. · The Applicant estimates that around 4,500 m³ of clay material will be extracted from

two nominated sites. The parameters of the Ministerial exemption allow for less than 1 hectare of area at less than 2 metres below the natural surface. This equates to 20,000 m³ of material in volume compared with the proposed extraction volume of 4,500 m³ at less than 25% of the exemption limit.

· Given the relatively small scale of the extraction volumes and the proposed rehabilitation of the site, it is considered that permit conditions can ensure appropriate environmental management can be achieved.

· The parameters of the application, which can be reinforced by conditions, can ensure compliance with Ministerial exemptions for small scale extraction of stone.

General Provisions Clause 65 Decision Guidelines Before deciding on an application or approval of a plan, the responsible authority must consider the matters set out in the decision guidelines. Officer analysis In general, consideration must be to the state and local policy, the zone, the relevant provisions, orderly planning and the amenity of the area. The above have been considered in detail as part of the relevant clauses. Referral and notice provisions Clause 66.02-5 Special water supply catchment area To use, or carry out works, that are within a Special Water Supply Catchment Area listed in Schedule 5 of the Catchment and Land Protection Act 1994 and which provides water to a domestic supply. Goulburn Murray Water as a determining authority. Other matters Section 173 Agreement No Section 173 Agreements apply to the subject site. Cultural Sensitivity The subject site is not affected by the Cultural Sensitivity Overlay.

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Consultation Referrals External Referrals/Notices Required by the Planning Scheme: Section 55 Referrals


Goulburn Murray Water

· No objection, subject to conditions relating to sediment control and set-backs to waterways.

Section 52 Referrals


Engineering · No objection, subject to conditions relating to property access, the use of local road network, drainage and asset protection.

Advertising The proposal was advertised to adjoining landowners and notices placed on site and in the local newspaper. To date no objections have been received. Officer Analysis In considering the merits of this application, Council must weigh up the objectives of various provisions in the Planning Scheme, which encourage earth resource development, the protection of the amenity of the surrounding area and the application of appropriate environmental management practices. Landscape impacts The assessment must consider the possible impacts on the landscape due to the Significant Landscape Overlay that covers the subject land. The location of the proposed extraction areas are located in relatively low points on the land which is of a gently undulating topography. The existing vegetation on the site will, in part, act as screening to the works sites. Given these factors it is considered that the proposed works will have limited effect on distant view lines and prominent ridgelines of the surrounding landscape. Further this, the size of the proposed extraction sites is such that the impact on the landscape, if it was visible, would be minimal. Amenity Consideration must also be given to any potential amenity impacts that predominantly relate to visual impacts, noise, dust, vibration and truck movements. In considering these impacts it must be remembered that this proposal is of a scale that makes it exempt from having to require a Works Approval under the Mineral Resources (Sustainable Development) Act 1990. Conditions can ensure that the operations on site are within these parameters. In addition, the hours of operation will be restricted to daytime on weekdays, with no operations permitted on declared Public Holidays.

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Any possible amenity impacts can be effectively managed through conditions on the planning permit that relate to hours of operation, dust suppressing regimes and truck movements to and from the site. Overall, it is considered that the Farming Zone is the most appropriate of all the zones for this activity, that impact on privately owned land, for the proposed extraction of clay materials. In the Farming Zone it is reasonable to expect that there may be noise, dust, vibration or traffic generated by agricultural activities. The proposed activity will be subject to conditions to ensure operations to not unduly affect the surrounding area and allow for the land to return to agricultural use when the works are complete. The Applicant estimates that around 4,500 m³ of clay material will be extracted from two nominated sites. Given a truck and dog capacity of 40 m³ this equates to approximately 112 vehicle trips to and from the extraction site. Given the relatively small scale of the extraction volumes and the proposed rehabilitation of the site, it is considered that permit conditions can ensure appropriate environmental management can be achieved. The parameters of the application, which can be reinforced by conditions, can ensure compliance with Ministerial exemptions for small scale extraction of stone. The terms of the current contract require the completion of all works by 30 June 2018. The permit conditions will require the works to be completed within 12 months of the date of issue and that the works areas will be rehabilitated to return to agricultural use. Conclusion A planning permit for the proposed use of land and works associated with earth and energy resources industry (extraction of clay) at 95 Stoneys Road, Mansfield, given the small scale and duration of the activity, is generally supported under the provisions of the Mansfield Planning Scheme, subject to conditions. Councillors Attley/Olver: That Council, having considered all the matters required under Section 60 of the Planning and Environment Act 1987, decides to Grant a Planning Permit for the use of land and works associated with earth and energy resources industry (extraction of clay) for the land known as 95 Stoneys Road, Mansfield (Lots 1, 2, 3 and 4 TP873108) subject to the following conditions: Amended plans

1. Before the use commences, amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the drawings but modified to show:

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· The areas to be excavated clearly identified, dimensioned and drawn to

scale. · Identifying that the maximum area to be excavated is no more than 1

hectare in total. · A cross section of the excavation areas showing that the maximum

excavation is 2 metres in depth. · A site plan clearly showing setbacks of the excavation areas to all

property boundaries. · Hours of operation.

Endorsed plans

2. The use and development must be in accordance with the endorsed plans forming part of this permit and must not be altered without the prior written consent of the responsible authority.

Rehabilitation of Land

3. Prior to the use and commencement of works a Rehabilitation Plan for the extraction area must be submitted to the satisfaction, and for the approval of, the Responsible Authority. The Rehabilitation Plan must include, but not be limited to:

a) Existing conditions; b) The objective of the end use (eg farming, agriculture); c) Progressive rehabilitation methodology of disturbed areas; d) Staging and timing of rehabilitation.

4. The use and development must be undertaken in accordance with the approved Rehabilitation Plan to the satisfaction of the Responsible Authority.

Works limitations

5. The total extraction area must not exceed 1 hectare and the depth of excavation must not exceed 2 metres.

6. The only excavation method to be employed to extract the clay material is to be by mechanical excavation. No chemicals, explosives or other methods are to be used to extract the material at any time.

7. No treatment or processing of the clay material may be undertaken on the site.

General Amenity

8. The amenity of the area must not be detrimentally affected by the use or development through the:

· transport of materials, goods and commodities to or from the land · appearance of any buildings, works or materials · emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, waste water, waste products, grit or oil · presence of vermin

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10.2.3 P001-18 DA6866 - 95 Stoneys Road Mansfield - Earth and energy resources industry (extraction of clay) Contd

Noise control

9. The occupier must take all necessary steps to ensure that no noise or other disturbance emanates from the subject site which would be likely to cause a nuisance to the adjoining occupiers or a detriment to the amenity of the neighbourhood to the satisfaction of the responsible authority.

Noise emissions – Commerce, Industry and Trade

10. Noise emissions from activities from the site must not exceed that prescribed in the State Environment Protection Policy (Control of noise from Commerce, Industry and Trade) No. N1, to the satisfaction of the responsible authority.

Storage of goods, materials and refuse

11. The storage of goods, materials or refuse in conjunction with the use or development must to the satisfaction of the responsible authority:

· Be stored within the premises at all times. · Be carried out in a manner so as to prevent the exposure to view from

any adjacent premises or from any public place of any unsightly matter. · Be stored so as to not become visually obtrusive on the site.

Hours of operation

12. Except with the prior written consent of the responsible authority, the extraction activity must only be undertaken between the following hours:

· Monday to Friday 7:30am to 4:30pm · No activity to be undertaken on declared public holidays

Deliveries and collection of materials

13. Except with the prior written consent of the responsible authority, Trucks may only access the site for the collection of clay materials between the following hours:

· Monday to Friday 7.30am to 4.30pm · No activity to be undertaken on declared public holidays

14. Trucks must only access the site via Stoneys Road, via Mount Buller Road. Pollards Road is not to be used for any access to the site.

Loading and unloading

15. Loading and unloading of vehicles to and from the premises must be carried out within the land and be conducted as to cause minimum interference with other vehicular traffic.

Engineering Conditions Property Access Requirements

16. Access to the property must be via the existing access location, no additional crossings are permitted to be constructed unless approved by the responsible authority.

17. The crossings must be upgraded in accordance with standard drawing SD255 of the Infrastructure Design Manual (refer www.designmanual.com.au).

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18. A Works within a Road Reserve Permit application including plans is to be

submitted to, and approved by Council prior to the commencement of any works.

19. The internal access track must be of an all-weather construction with dimensions adequate to accommodate emergency vehicles and be sufficient to meet CFA access requirements.

20. Dust must be suppressed on Stoneys Road and the internal access road on the subject land by watering down the roads on an as needs basis to the satisfaction of the Responsible Authority.

21. All vehicles associated with the approved use must be parked on the subject land to the satisfaction of the responsible authority.

Drainage 22. No concentrated stormwater other than natural watercourses must drain or

be discharged from the land to adjoining properties. 23. Interrupted overland flow from this development must not be allowed to

impact on the adjacent lots. Asset Protection

24. Any damage to Council managed assets such as roads & stormwater infrastructure, must be repaired at the cost of the developer to the satisfaction of the responsible authority.

Goulburn Murray Water Conditions

23. All construction and ongoing activities must be in accordance with sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991).

24. No earthworks may be carried out within 30 metres of a waterway or on any drainage lines.

25. Any dams that capture surface water runoff and the water is then used for processing or dust suppression must be licensed.

26. Should the activities intercept groundwater resulting in an open body of water, or if water is to be extracted from the site to facilitate extraction, than a licence to take and use the water must be obtained from GMW.

Expiry date

27. This permit will expire if one of the following circumstances applies: c) The use and works is not started within 6 months of the date of this

permit. d) The use and works is not completed within 12 months of the date of this

permit. The responsible authority may extend the periods referred to if a request is made in writing in accordance with the Planning and Environment Act 1987.

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** End of Conditions **

Planning Notes Engineering

· Further details regarding CFA access requirements can be found at http://www.cfa.vic.gov.au/fm_files/attachments/plan_and_prepare/BMO/CFA-BMO-Access-Aug-14.pdf

· Approval from the Goulburn Broken Catchment Management Authority must be attained prior to works occurring on waterways.

Carried

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http://www.cfa.vic.gov.au/fm_files/attachments/plan_and_prepare/BMO/CFA-BMO-Access-Aug-14.pdf

http://www.cfa.vic.gov.au/fm_files/attachments/plan_and_prepare/BMO/CFA-BMO-Access-Aug-14.pdf


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ATTACHMENT 10.2.3

P001-18 DA6866 - 95 STONEYS ROAD

MANSFIELD - EARTH AND ENERGY RESOURCES

INDUSTRY (EXTRACTION OF CLAY)

(1 PAGE)

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ATTACHMENT 1 – PROPOSED SITE PLAN AND EXTRACTION SITES

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10.2 DEVELOPMENT SERVICES CONTD 10.2.4 Amendment to Kareen Hills Estate Development Plan (Lot K, PS722992) File Number: DA4784/9 Responsible Officer: Senior Strategic Planner, Kathy Richardson Disclosure of Conflicts of Interest The author of this report has no direct or indirect conflict of interest in this matter as defined by the Local Government Act 1989. Introduction The purpose of this report is to consider proposed amendments to the Kareen Hills Estate Development Plan (Lot K, PS722992) and the assessment of those changes against the relevant planning provisions. Council Staff do not have the delegated authority to make decisions in relation to Development Plans. Overall it is considered that the amendments represent an improvement in the design outcomes for the Development Plan and that Council approve the amended Development Plan. Application Details Application Details Applicant North East Survey Design Pty Ltd Proposal Amend the Kareen Hills Estate Development

Plan (Lot K, PS722992) Application lodged 31 August 2017 Notice and Submissions

Notice to surrounding properties - No Notice on site - No Notice in newspaper - No Number of objections – Not Applicable

Property Details Property Address Kareen Hills Estate, Donovan’s Way, Mansfield Legal Description Lot K PS722992 Land Area 52.27 ha Existing Use Vacant land Planning Provisions Zone Low Density Residential Zone (LDRZ) Overlays Development Plan Overlay – Schedule 2

(DPO2) State Planning Policy Framework Clause 12.01-2 – Native vegetation

management Clause 14.02-1 - Catchment planning and management Clause 14.02-2 - Water quality Clause 15.01-1 - Urban design Clause 16.01-1 – Integrated housing Clause 19.03-3 – Stormwater

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10.2.4 Amendment to Kareen Hills Estate Development Plan (Lot K, PS722992) Contd

Local Planning Policy Framework Clause 21.03-1 – Settlement pattern and

growth Clause 21.05-2 – Flora and fauna Clause 21.05-3 – Water catchment planning Clause 21.09-1 – Mansfield Township

Particular Provisions Clause 52.01 Public Open Space Contribution and Subdivision. Clause 52.17 – Native vegetation

Restrictive covenants / s173 Agreements There are two Section 173 Agreements in instrument: Section 173 Agreement AC217383H – Condition 2 “The subdivision as shown on the endorsed plan must not be altered without the prior written permission of the Responsible Authority.” Section 173 Agreement AG283121G – Condition 2 “If any changes are proposed to this Development Plan, the owner agrees that application must be made to the Responsible Authority and a new Development Plan approved.”

Background Section 173 Agreements An Section 173 Agreement was made between Council and the land owner and purchaser of Lot 2 (of the plan as shown below) on 25 June 2003 upon the subdivision of the land on 16 June 2003 allowing a two lot subdivision (Lots 1 and 2 respectively). The Agreement was mainly put in place to enforce elements of Condition 6 of the planning permit for subdivision. This condition related to the provision of building exclusion zones for Lot 2 and the construction of a road to the east of Lot 2. Condition 2 of the Agreement related to any changes to the subdivision requiring prior written permission of the Responsible Authority. Lot 2 is currently still owned by the purchaser and remains as Farming Zone land. The land known as Lot 1 was subsequently on sold to Oaksford Pty. Ltd. and further subdivided into two lots. Another Section 173 Agreement was put in place upon this subdivision. The subject land of this application is predominantly contained within the eastern part of Lot 1 as shown on the plan. The Kareen Hills Estate Development Plan (KHDP) was approved by the Mansfield Shire Council in November 2006. The subject land of the application now before Council forms part (Lot K) of the eastern portion of the KHDP (to the east of the easement E-1 and south of lot 2). This plan has undergone previous amendments with the latest endorsed amended plan dated 12 March 2013.

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North

Subject land sits within the yellow area

Kareen Hills Approved Plan 2006

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This showed the development to be done in three stages, the subject land to be done as part of stage 2 and stage 3. The application to amend the Development Plan now proposes to develop the subject land in seven stages. Subject Site and Surrounding Area The subject site is typical grazing country comprising of improved pasture and scattered remnant Eucalypts. It is undulating to steep falling from its highest point on the southern boundary to the north. There are two distinct valleys running roughly north south through the site where there are a number of small dams. The site lies some three kilometres from the Mansfield Town Centre accessed via the Mansfield-Whitfield Road. West - The subject site is located within the eastern most parcel of Kareen Hills Estate totalling 52.27 hectares. Planning permits have been issued for the subdivision of the earlier stages of the Kareen Hills Development Plan known as ‘The Grange’ and ‘The Highlands’ estates abutting the property to the west. Some of the stages of these subdivisions have been constructed offering road access to the south of the subject site. North, East and South - The land bounding the subject site to the north (Lot 2), east and south is within the Farming Zone. An un-used road reserve (Kilmuir Lane) sits directly adjacent along the eastern boundary. Land to the east is very steep and overlooks the site but is solely used for grazing. Site Planning History In March 2006, Amendment C1 applied the Residential 1 Zone and the DPO1 to the Kareen Hills Estate. A Development Plan was approved for the site in November 2006. This was further revised on 12/3/2013 (see previous page). In December 2016, Amendment C37 revised the zoning from the General Residential Zone (GRZ) to the Low Density Residential Zone (LDRZ) and applied the DPO2 to the area. The development plan requirements for the estate shifted from the DPO1 to the DPO2. An amendment must be assessed against current requirements and therefore this application seeks to comply with those of the DPO2. Purpose of the development plan The Development Plan Overlay is a tool that is used to: · Require a plan to be prepared to coordinate proposed use and development, before a

permit under the zone can be granted; · Guide the content of the plan by specifying that it should contain particular

requirements (set out in a schedule); · Provide certainty about the nature of the proposed use or development; · Remove notice requirements and third –party review rights from planning permit

applications for proposals that conform to plan requirements; · Ensure that permits granted are in conformity with the plan;

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· Apply particular permit conditions that help to implement the plan; · Provide statutory force to plans.

In a situation where there is a large area to be developed over several years it is important to set the basis by which subdivision shall occur to ensure that the completed residential area achieves the vision and theme as intended from the outset, no matter how long it takes to complete. Proposal The proposal is to amend the Development Plan as follows: · Staging of the development for Lot K from 2 stages to 7 stages. · Seeks to better align with future road networks from the adjacent Highlands Estate and

The Grange Estate developments. An additional vehicle entry point into the subject site is proposed from Highlands Estate.

· Removal of the previously proposed long court head roads. This will improve pedestrian and vehicle connectivity. Some shorter court head roads are proposed but minimised.

· Gives consideration to existing waterways and responds to the catchment authorities requirements for setbacks to waterways (30 metres either side).

· More open space and better configurations are proposed. · Provides footpaths to both sides of all streets (compliant with the IDM standard) to

improve pedestrian amenity. The proposed amended Development Plan can be found at Attachment 1. Mansfield Planning Scheme Context State Planning Policy Framework (SPPF) The State Planning Policy Framework seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. The following state planning policies and objectives (in italics) are relevant to this application: Clause 12.01-2 Native vegetation management

To ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity.

Where native vegetation is proposed to be removed, ensure than an offset is provided in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made by the native vegetation to be removed.

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Officer Comment Native vegetation off-sets will be calculated and obtained at the time of subdivision of land into residential allotments. The biodiversity off-sets will be calculated for all native vegetation that is lost through construction activities or deemed lost as a result of an exemption being created (such as lot size being less than 0.4ha). Clause 14.02-1 Catchment planning and management

To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Relevant strategies include considering the impacts of catchment management on downstream water quality; undertaking measures to minimise the quantity and retard the flow of stormwater runoff from developed areas; encouraging measures to filter sediment and contaminants; and ensuring nutrient contributions to waterways are minimised. Officer Comment The proposed development plan of the subject site will incorporate the required thirty metre setbacks for buildings and works to declared waterways for waterway protection. Clause 14.02-2 Water quality To protect water quality Relevant strategies include ensuring land use activities are sited to manage and minimise discharges to protect the quality of surface and groundwater resources such as rivers, streams and wetlands. Officer Comment The proposed development plan of the subject site will incorporate the required thirty metre setbacks for buildings and works to declared waterways for waterway protection. Clause 15.01-1 Urban design

To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Relevant strategies include ensuring new development contributes to community and cultural life by improving safety, diversity and choice, the quality of living environments, accessibility and environmental sustainability; and encouraging revegetation as part of subdivision proposals.

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Officer Comment The proposed development plan meets acceptable standards of key urban design principles. The development plan would offer a safe and diverse living environment within a spacious, treed setting. Significant vegetated buffers are to be included to all external boundaries of the plan and street. Conditions on a plan of subdivision will require that street trees are shown and vegetation of waterway reserves and open space. Significant trees are to be retained where possible. Clause 16.01-1 integrated housing To promote a housing market that meets community needs Relevant strategies include ensuring that housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns. Officer Comment The proposed development plan can connect into existing infrastructure and services within the stages that have been previously developed. Clause 19.03-3 Stormwater

To reduce the impact of stormwater on bays and catchments. Relevant strategies include incorporating water-sensitive urban design techniques into development to protect and enhance natural water systems, integrate stormwater treatment into the landscape, and protect the quality of water. Officer Comment The proposed development plan of the subject site will incorporate the required thirty metre setbacks for buildings and works to declared waterways for waterway protection. Local Planning Policy Framework (LPPF) The following local policies and objectives (in italics) are relevant to this application: Clause 21.03-1 Settlement pattern and growth Objective 1

To coordinate and manage the growth of Mansfield Township as a focus of the majority of development.

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A strategy to support this objective includes to ensure there is a sufficient land supply to support residential growth. Officer Comment The development plan seeks to create a residential development within the Mansfield Township. Objective 2

To encourage diversity in housing choice. This is supported by Strategy 2.2 that identifies retaining the fully serviced low density residential development at the Kareen Hills Estate. Officer Comment Low density living is desired by residents of Mansfield Township. The development plan seeks to increase the low density residential supply. Clause 21.05-2 Flora and fauna Objective 1

To maintain biodiversity. A strategy to address this is to ensure residential and rural living developments protect remnant vegetation. Officer Comment The remnant vegetation will be protected by way of Tree Protection Zones (TPZ) shown on the plan of subdivision and protected through a Section173 Agreement to ensure buildings and works do not disturb critical root zones. It will also be protected by reducing the large red-gums lost by amending the subdivision layout and design at the development plan stage. Clause 21.05-3 Water catchment planning Objective 1

To recognise and protect the environmental significance of the Special Water Supply Catchments.

Relevant strategies include to ensure best practice Water Sensitive Urban Design (WSUD) techniques are used in new urban and rural development.

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Officer Comment The proposed development plan provides the required thirty metre setbacks for buildings and works to waterways. The development plan includes a retention basin which feeds through to the retention system downslope to the west. Clause 21.09-1 Mansfield Township Objectives 1-3 – Settlement, Housing and Character

· To provide an adequate land supply to meet current and future housing needs. · To maintain housing affordability and increase the range of housing choices. · To encourage development that respects the unique character and location of

Mansfield Township and protects areas of natural, environmental, architectural and cultural significance.

Strategies to address this which are relevant include encourage a range of lot sizes within new subdivisions to provide for a variety of dwelling sizes, to protect large stands of trees particularly River Red Gums and watercourses and drainage lines and ensure new development achieves high standards of urban design, architecture and landscape architecture. Officer Comment All these issues are previously discussed in this report. Objective 8 – Open space and recreation

To meet the current and future recreational and sporting requirements of Mansfield Township.

A strategy to support this includes to ensure that any residential development/subdivision comply with open space provision guidelines. Officer Comment The proposed development plan more than meets the 5% open space contribution through the allocation of open space along the declared waterway and the open space reserve to the west. Objective 11 – Transport and access

To provide an efficient movement network for vehicles, pedestrians and cyclists. A strategy to support this is to require new residential subdivisions to fund footpath and shared path upgrades along road frontages to improve connectivity.

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Officer Comment The proposed development plan provides footpaths to both sides of all streets in accordance with the Infrastructure Design Manual. Zone Low Density Residential Zone The purpose of the Low Density Residential Zone is:

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

It is considered that the proposed development plan meets the State Planning Policy Framework and Local Planning Policy Framework including the Municipal Strategic Statement and Local planning policies. Pursuant to Clause 32.03-3 Subdivision, a permit is required to subdivide land. If a subdivision is to be staged, it must show how the balance of the land may be subdivided. This is shown on the proposed development plan for all stages. The proposed development plan meets the decision guidelines for subdivision as it seeks to retain many of the remnant trees and will provide a large buffer area for planting within the declared waterway setback. The availability and provision of utility services can be provided to all allotments. The schedule to the Low Density Residential Zone requires that this part of Kareen Hills Estate has a minimum subdivision area of 0.2250 hectares or 2250 m2. The proposed development plan meets this requirement. Overlays Schedule 2 to the Development Plan Overlay (DPO2) The development plan may consist of plans or other documents and may, with the agreement of the responsible authority, be prepared and implemented in stages. A development plan may be amended to the satisfaction of the responsible authority.

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Assessment against the requirements: Schedule 2 to the Development Plan Overlay 2.0 Requirements for development plan Any development plan for this land must outline and assess:

Officer Analysis

Proposed future subdivision and development to allow for the full development and servicing of the land in accordance with the Low Density Residential Zone.

The proposal provides the full development and servicing of the land in accordance with the zone through the indicative allocation of: · land to residential allotments that

meet the minimum subdivision size; · road, footpath and drainage

networks; · open space provision; and · staged subdivision.

The land is to be provided with reticulated water and sewerage, electricity and a telecommunications services.

Site analysis and response, including natural features, slope, orientation, views, drainage lines, native vegetation, and impact on neighbouring and nearby land.

A site analysis was provided with the application that assesses the proposal against the site constraints and opportunities. The proposed development plan provides a site responsive design that acknowledges existing vegetation, aspect, topography and drainage lines.

Proposed lot layout and density, including building envelopes and effluent disposal envelopes, if appropriate.

A lot layout has been provided that accords with the appropriate densities for the zone. Building envelopes have not been provided at this stage but may be provided with any future permit application to accommodate trees that may require retention once a vegetation assessment has been done. A preference is for tree protection zones. The proposed development plan area is able to be connected to reticulated sewerage.

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Internal road layout and external road access, including future road linkages, street lighting, and proposed road surfacing and standards.

An internal road layout and how it is to be linked through into previous stages of the estate is provided on the proposed development plan. External road access into the earlier stages of the estate are already provided in accordance with the Traffic Impact Assessment that accompanied the original Development Plan submitted in May 2006. This accounted for the maximum number of allotments proposed and the generation of vehicle movements. Street lighting, road surfacing and standards are included in Schedule A to the Development Plan (see Appendix 1 to this report) as directions by Council’s Engineering Department in accordance with the guidelines of the Infrastructure Design Manual.

All servicing, including water, sewerage, drainage and stormwater, electricity and telecommunications.

These requirements are to be provided in accordance with the directions of Schedule A to the Development Plan or prior to a Statement of Compliance being issued by Council with any future permit application.

The need to financially contribute toward development and community infrastructure that will be demanded by the residents of the future development, as specified in Section 13 of the Mansfield Urban Design Framework 2005. This will be achieved by negotiation with the Responsible Authority and formalised by a Section 173 Agreement as part of any Development Plan.

In the absence of a Community Infrastructure Needs Assessment (CINA) and associated developer contributions schedule in place there is no structured basis for requiring community infrastructure. The only provision for community infrastructure is that of open space in accordance with Section 18 of the Subdivision Act 1988.

Effluent disposal requirements based on a detailed land capability assessment.

Not required due to the availability of reticulated sewerage.

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Existing and future open space, including linkages to and between areas of open space.

Open space is indicated on the proposed development plan and exceeds the minimum required under the Subdivision Act 1988. Two parcels of open space are to be provided, one to the west side and one to the eastern side of the development plan area. Footpaths are to be provided to both sides of the street to enable pedestrian linkages to open space and a central pathway through the allotments is indicated to provide an east west pedestrian link.

Landscaping, existing native vegetation and streetscape treatment.

Landscaping and streetscape treatment directions are included in Schedule A to the Development Plan and will be provided in more detail with any subsequent permit application. A vegetation assessment is to be provided with any future permit application to identify native vegetation required to be retained where possible. This may alter the allotment configuration somewhat to accommodate this.

Relationship, effect and linkages of proposed use and development of the land to uses and development on adjoining land and nearby land.

Road and pedestrian linkages are provided to the earlier stages of the estate.

The stages, if any, in which the land is to be subdivided and developed

The proposed Development Plan identifies seven stages of subdivision with the first stage to commence at the southern end of the development plan area and to connect into Donovan’s Way.

A Development Plan may be approved in stages.

The proposed Development Plan proposes seven stages in total. All seven stages are to be approved as part of this application. Subsequent changes/amendments to the Development Plan would need to be approved by Council.

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D. Lot 1 PS516739 and remainder of Lot 9 PS445533 Mansfield Whitfield Road, Mansfield In addition to the requirements of section 1.0, any development plan for this land must include and address all of the following matters:

Officer Analysis

Overall the development plan for Highlands Estate. The Grange Estate and Kareen Hills must not exceed the creation of 385 allotments in total.

The proposal represents an increase of 34 additional lots from the current Development Plan. Overall the total allotments created from the three estates is 374 and therefore within the parameters of the schedule.

A variety of lot sizes to be created to reflect a subdivision having a low density.

The development plan provides low density lots in accordance with the schedule to the overlay.

A minimum lot size of 2250 square metres.

The development plan meets this requirement.

No allowance for further subdivision of the land other than in accordance with the development plan.

Given the minimum subdivision area, there are no lots that allow for further subdivision. This will be addressed as a specific requirement in a future Section 173 Agreement at the subdivision stage.

No more than one dwelling to be erected per allotment.

This will be addressed through Schedule A to the development plan as a matter for a future Section 173 Agreement at the subdivision stage.

Footpath construction to walking/bike paths by agreement with the responsible authority.

This will be provided in accordance with the Infrastructure Design Manual guidelines and other standards.

Road drainage systems that use underground pipes rather than open drains.

This will be provided in accordance with the Infrastructure Design Manual guidelines and other standards.

Particular Provisions Clause 52.01 Public Open Space Contribution and Subdivision A person who proposes to subdivide land must make a contribution to the Council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under section 18 of the Subdivision Act 1988.

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This clause does not specify an amount of contribution for public open space and therefore the default lies in section 18 of the Subdivision Act 1988 which requires a contribution not exceeding 5% of land set aside on the plan or a monetary contribution not exceeding 5% of the site value or a combination of the both. Officer Comment The proposed development plan will provide in excess of the five per cent open space contribution as land set aside on the plan. Approximately 5.3ha has been allocated to reserve which is around 10% of the total land area. Whilst this area includes drainage infrastructure around an existing waterway and a retention basins, it is considered to offer a good lineal path system and linkages and spaces for passive recreation. The lower reserve offers some space for more active pursuits. Clause 52.17 Native vegetation The purpose of the Clause is:

To ensure that there is no net loss to biodiversity as a result of removal, destruction or lopping o native vegetation. This is achieved by applying the following three step approach in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning, 2017) the Guidelines:

1. Avoid the removal, destruction or lopping of native vegetation, 2. Minimise impacts from the removal, destruction or lopping of native vegetation that

cannot be avoided. 3. Provide an offset to compensate for the biodiversity impact if a permit is granted to

remove, destroy or lop native vegetation. To manage the removal, destruction or lopping of native vegetation to minimise land and water degradation. Officer Comment Native vegetation off-sets will be calculated and obtained at the time of subdivision of land into residential allotments. The biodiversity off-sets will be calculated for all native vegetation that is lost through construction activities or deemed lost as a result of an exemption being created (such as lot size being less than 0.4ha). The land set aside for drainage reserves will provide space for the planting of native species. Clause 56 Residential Subdivision Clause 56 seeks to achieve residential subdivision outcomes that appropriately respond to the site and its geographic context and to ensure that residential subdivision design appropriately provides for policy implementation, liveable and sustainable communities, residential lot design, urban landscape, access and mobility management, integrated water management, site management, and utilities.

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Officer Comment The overarching objectives of this clause have been met. Future residential subdivisions are required to meet the relevant objectives and standards of this Clause. Clause 65 – Decision Guidelines The relevant matters required to be considered under Clause 65.02 have been assessed. The proposed development plan meets the requirements to be considered for the approval of an application or plan. CONSULTATION There are no statutory requirements for the referral of Development Plan applications under Section 55 of the Planning and Environment Act, 1987. Authorities, service providers and internal departments at Council were provided with referrals and given 28 days for the submission of any comments regarding the proposed changes to the Development Plan. These comments have assisted to inform the directions included in the schedule to the Development Plan and are summarised as follows: Authority Response AusNet Electricity Services No response received. Goulburn Murray Water No objection subject to directions for

future subdivision with regard to future development proposals which must not impact detrimentally on GMW’s infrastructure and the flow and quality of surface water and groundwater. Additionally, water supplies are required to be available from an approved source.

Goulburn Valley Water No objection subject to directions for future subdivision with regard to the provision of reticulated water and sewerage supply.

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Authority Response CFA The Country Fire Authority supports the content of the

development plan subject to further referral when a planning permit application is made and subject to the following requirements: 1. CFA fittings are to be installed on any water tanks

required on site. · The static water supply must be provided with

an outlet for the CFA (CFA outlet) that includes a 64 mm CFA thread per inch male coupling.

· The static water supply must also include an outlet which incorporates a ball or gate valve separate to the CFA outlet for use by the owner/occupier of the land.

2. Operable hydrants, above or below ground, must be provided to the satisfaction of CFA.

3. Hydrants must be no more than 200m apart. 4. The hydrants must be identified with marker posts

and road reflectors to the satisfaction of the CFA. 5. The number of access points into/out of the

development should not be reduced without consultation with CFA.

6. Standard CFA access conditions will apply. · Roads shall be constructed to provide

emergency vehicle access to all lots. The roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

· The roads shall be designed to accommodate the design vehicle equivalent to the Austroads Design service vehicle – 12.5m radius.

· Provision shall be made at the end of all dead-end roads greater than 60m in length (whether or not created as a result of staged construction) for turning a design vehicle equivalent to the Austroads design service vehicle (8.8m long) using a 12.5m radius. (A three point turn is acceptable).

· The roads shall have a minimum trafficable width of 7.3m (measured invert to invert) if parking is unrestricted or 5.5m if parking is prohibited on one side of the road.

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Authority Response Goulburn Broken Catchment Management Authority

No objection subject to directions for future subdivision as follows:

· The Authority requires buildings and works to be set back a minimum distance of 30 metres from the declared waterways.

· The development is to be connected to a reticulated sewerage system.

· Drainage works associated with urban development is to be designed according to the current best practice principles contained in “Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999”.

· Any works on a declared waterway is subject to permit/approval under By-law No.3.

· All land within waterways is to be set aside for waterway protection.

The application was referred internally to the following: Council Department Response Engineering No objection subject to directions for

future subdivision with regard to road infrastructure, pedestrian and cycle paths, signage and street furniture, traffic safety, internal road access, drainage, and asset protection.

Environment No objection subject to directions relating to native vegetation, stormwater management, landscaping, and s173 Agreement requirements.

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Section 173 Agreement at subdivision stage The Schedule to the Development Plan (see Appendix 1 to this report) places a direction on the developer for a Section 173 Agreement when a permit is issued for subdivision. This Section 173 Agreement will place obligations on the developer and future owners of the allotments to meet certain requirements. A Section 173 Agreement is linked to the titles of the land and place binding requirements outside of the planning scheme requirements. These requirements address issues such as Tree Protection Zones, amenity impacts from adjacent agricultural land, fencing, water tanks, restrictions on buildings and works within the front setbacks and other issues of visual amenity. Public Notice There are no requirements for public notice under the Planning and Environment Act 1987. Officer opinion is that the proposed changes to the Development Plan do not alter any potential impacts to adjoining land owners as fewer lots are created, a significant reserve is now allocated around the declared waterway and fundamentally the intent of the original plan is not changed. A vegetated buffer separating the adjoining farm land is provided in accordance with the previous plan. A requirement of a future Section173 agreement will be the acknowledgement by new land owners of the estate that agricultural uses may occur on adjacent farming land and there may be some off site impacts. Officer Assessment The amended Development Plan represents an opportunity to provide increased housing opportunities and diversity in housing choice located in relative proximity to the township of Mansfield. It is considered that the changes sought will result in an improved approach to low density residential living that incorporates environmental values, appropriate open space provision, a satisfactory lot layout and road/pedestrian network. The planning permit process for the subdivision will require further details on a number of matters as detailed in ‘Directions’ contained within the Schedule to the Development Plan. It is considered that the changes sought to the Development Plan and the matters required to be addressed through the ‘Directions’ detailed in the Schedule will result in an appropriate planning outcome.

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Conclusions It is considered that the proposal maintains compliance with relevant state and local policies, the purpose of the zone, and the requirements of the Development Plan Overlay. It is officer recommendation that the application to amend the Development Plan be approved with no additional changes to the proposed Development Plan or Directions contained in Schedule A (Appendix 1 to this report). Councillors Olver/Sladdin: That Council approve the amended Development Plan (Ref. M3316_DP, rev 5 dated 31/1/2018) and associated cross sections (Ref M3316_DP-SE dated 31/1/2018) for the land known as Kareen Hills Estate, Donovans Way, Mansfield being Lot K PS 722992 and the following directions all as included in Appendix 1 (Kareen Hills Estate Schedule A dated 20/3/2018) to this report: Engineering The content of the development plan is supported. A further referral may be required when a planning permit application is made for subdivision. The following directions must be satisfied: Internal road infrastructure

1. All roads, footpaths, kerb and channelling must be designed in accordance with the Mansfield Shire Council Infrastructure Design Manual. All roads and court bowls are to be designed to Access Street standard or Access Place (upon consent from Council) consistent with Table 2 of the IDM.

2. All internal court bowls must have a minimum radius of 11.5 metres.

3. Roads adjacent to reserves must provide for car parking on one side of the road.

4. All pavements are to be constructed to a minimum depth of 250mm in accordance with the Mansfield Shire Council Infrastructure Design Manual.

5. The pavement must be designed by a suitably qualified geotechnical engineer, to the satisfaction of the responsible authority.

6. All road intersections shall be signed and line marked to be compliant with VicRoads Traffic Engineering Manual Volume 2.

7. Temporary court bowls shall be fully fenced, appropriately signed, shaped, drained, and be of all-weather construction (minimum pavement thickness 100mm, class 4 FCR), with a minimum turning radius of 11.5m. Prior to installation of a temporary court bowl, formal agreement with the neighbouring property will be achieved if applicable. Maintenance of the temporary court bowl will remain the responsibility of the developer.

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Internal pedestrian and cycle paths

8. Internal pedestrian and cycle paths must be provided in accordance with Table 2 of the Mansfield Shire Council Infrastructure Design Manual and road crossings at external connections must be treated in accordance with the layout in Figure 8 of the IDM.

Traffic Safety

9. Traffic calming treatments shall be installed along the long straight lengths of road throughout the estate to achieve a target speed of 50km/h.

10. Traffic calming requirements shall be assessed and installed as required along the existing length of Donovans Way.

Earthworks 11. The extent and depth of all proposed lot filling is to be denoted on the design

plan. Where depths of fill on allotments exceed 300 mm, those areas are to be clearly differentiated from areas where the depths of fill are less than 300 mm.

12. Where the depth of fill exceeds 300mm, the fill is to be compacted in accordance with the requirements of Table 204.131 Compaction Requirements Scale C of VicRoads Technical Specification 204 and shaped to match existing site levels. Geotechnical test results are to be submitted to Council’s Engineering Department for confirmation that the required compaction has been achieved.

13. Where fill is imported onto the site, written records are to be provided to

Council’s Engineering Department to confirm the source of the fill and to provide evidence that the soil is not contaminated.

Drainage

14. Drainage design plans and computations must incorporate the following: a. A catchment plan for the subject area in accordance with the approved

Drainage Strategy. External catchments affecting the subject land are to be included in the design and computations.

b. All stormwater drainage discharge from the site connected to an approved point of discharge.

c. An on-site detention system designed by a suitably qualified engineering consultant to ensure no net increase in stormwater discharge from the proposed development.

d. An on-site stormwater treatment facility that will achieve a minimum of no net increase in pollutants discharging from the site. Design plans are to include output from MUSIC or similar with design calculation summaries of the treatment elements.

e. All levels are to be to AHD (Australian Height Datum).

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15. Underground stormwater infrastructure shall service all lots and be wholly

contained within drainage easements.

a. Runoff from impervious surfaces must flow through the designed underground piped stormwater within reserves for municipal purposes or within easements.

b. The 100 year overland flow path is to be contained within the road reserves.

c. No overland flow shall be allowed to impact on the adjacent lots.

16. All proposed building lot levels (including accesses, carports, garages, and sheds), are to be safe in a flood event, with floor levels for dwellings to be a minimum of 300mm above the 100 year ARI peak flow.

17. All stormwater infrastructure such as wetlands, retardation and treatment facilities shall remain the responsibility of the developer until Statement of Compliance is issued for the final stage of the subdivision. The stormwater infrastructure must be maintained to a standard acceptable to the responsible authority.

Maintenance

18. Reserves for municipal purposes must be designed to the satisfaction of the responsible authority prior to certification.

19. Landscaping elements shall be durable enough to withstand severe adverse weather conditions (ie flooding and sun exposure) and designed and constructed to minimise cost of maintenance, repairs, and replacement. The types of materials, method of construction, and location of infrastructure are to be determined in consultation with the responsible authority.

20. All road, road related areas and public open spaces / reserves within the new subdivision shall be provided with public lighting in accordance with the minimum requirement for Category P lighting guidelines and light technical parameters in AS/NZS 1158.3.1 and as approved by the responsible authority. All public lighting must incorporate the use of energy efficient globes (i.e. T5).

Signage, Street Furniture and Services

21. All street signs and street furniture must meet the appropriate VicRoads and Australian Standards for traffic.

Asset Protection

22. A construction management plan (CMP) is to be submitted and approved by Council prior to the commencement of any works. The CMP will contatain at minimium:

a. Protection of significant native vegetation during the construction of roads, reticulated services and other infrastructure.

b. Prevention of adverse environmental impacts on existing waterways including through run-off and siltation.

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c. Procedures to ensure access by construction vehicles during the

construction of Stage 1 of the subdivision is to be via Donovan’s Way only. Access to further stages to be agreed as further stages progress.

23. All services must avoid root zones of existing trees. Where services cannot

be placed to avoid the root zone, boring and/or hand digging must be undertaken to minimise root damage to the satisfaction of the responsible authority.

24. Temporary barriers must be erected around the drip line of existing trees and maintained during construction to the satisfaction of the responsible authority.

25. Any damage to Council managed assets such as roads & stormwater

infrastructure, must be repaired at the cost of the developer to the satisfaction of the responsible authority

Vegetation Assessment and Tree Protection Zones

26. A Vegetation Assessment of the retention values of the on on-site vegetation should be undertaken to establish native vegetation off-sets. Tree Protection Zones (TPZ) on relevant lots are to be shown fully dimensioned on plans submitted with future planning permit applications for subdivision.

Landscape and Urban Design

27. Landscape plans for all areas of public open space including streetscape works detailing soft and hard landscaping items including site preparation, plant species and size, mulching, staking, maintenance schedule, paths, seating, lighting, bollards and fencing and any other matters as appropriate.

28. Detailing of any estate signage and entry treatments. 29. Substations and other service infrastructure should not be located in public

open space areas used for recreational purposes. They should be screened from public view and landscaped appropriately.

Goulburn Murray Water GMW requires that future planning permit applications meet the following requirements:

30. Development approvals must not impact detrimentally on GMW’s infrastructure and the flow and quality of surface water and groundwater.

31. Water supplies must be available from an approved source.

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Goulburn Valley Water Goulburn Valley Water supports the content of the development plan subject to further referral when a planning permit application is made and subject to the following requirements:

32. The provision of reticulated water and sewerage infrastructure to service the future residential development of the site, including payment of water supply and sewerage new customer contributions, would be met by the developer. This may include, but not be limited to, construction of water mains, sewerage pump station and associated works.

Country Fire Authority The Country Fire Authority supports the content of the development plan subject to further referral when a planning permit application is made and subject to the following requirements:

33. CFA fittings are to be installed on any water tanks required on site. a. The static water supply must be provided with an outlet for the CFA

(CFA outlet) that includes a 64 mm CFA thread per inch male coupling. b. The static water supply must also include an outlet which incorporates

a ball or gate valve separate to the CFA outlet for use by the owner/occupier of the land.


35. Hydrants must be no more than 200m apart. 36. The hydrants must be identified with marker posts and road reflectors to the

satisfaction of the CFA. 37. The number of access points into/out of the development should not be

reduced without consultation with CFA. 38. Standard CFA access conditions will apply.

a. Roads shall be constructed to provide emergency vehicle access to all lots. The roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

b. The roads shall be designed to accommodate the design vehicle equivalent to the Austroads Design service vehicle – 12.5m radius.

c. Provision shall be made at the end of all dead-end roads greater than 60m in length (whether or not created as a result of staged construction) for turning a design vehicle equivalent to the Austroads design service vehicle (8.8m long) using a 12.5m radius. (A three point turn is acceptable).

d. The roads shall have a minimum trafficable width of 7.3m (measured invert to invert) if parking is unrestricted or 5.5m if parking is prohibited on one side of the road.

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Matters to be set out in Section 173 Agreement under the Planning and Environment Act 1987. Future subdivision permits must include a condition requiring the applicant to enter into an agreement with the Shire of Mansfield pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with the preparation of such agreements will be borne by the applicant. The agreement is to be made up of two parts, one to stipulate the developer’s obligations and the other to stipulate the owner’s obligations. The agreement will provide (to the extent relevant to the particular stage of subdivision and or particular lots) for the following: Developer's obligations

· Formalisation of Tree Protection Zones to all trees proposed to be retained.

· A notation be placed on the Certificate of Title of each lot created, to the effect that the land is adjacent to or in close proximity to land in the Farm Zone and that some activities within the Farm Zone may have off site impacts from time to time.

Owners’ obligations · Fencing to be of an open, rural nature. · Provision of water tanks. · No sheds or storage of boats, trailers and caravans to be within front

setbacks and to be appropriately screened from public view. · Clotheslines and bin storage areas to be appropriately screened from

public view. · Construction of a vehicle crossover into the property within 12 months of

the construction of the dwelling. · Maintenance of the vegetated buffer as per the endorsed landscape plan. · No further subdivision of lots. · No more than one dwelling to be erected per allotment.

Carried

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ATTACHMENT 1 – PROPOSED AMENDED DEVELOPMENT PLAN – Lot K

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ATTACHMENT 10.2.4

AMENDMENT TO KAREEN HILLS ESTATE

DEVELOPMENT PLAN (LOT K, PS722992)

(10 PAGES)

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KAREEN HILLS ESTATE Schedule A

Amended

Development Plan Approval

Application No: DP001C/06

Site: Lot K PS 722992 Donovans Way, Mansfield

The attached Amended Development Plan (Ref. M3316_DP, Rev. 5, dated 31/1/2018) and scheduled directions (Schedule A) was approved by Delegation on 20 March 2018.

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About this Development Plan This Development Plan is the approved Development Plan for Kareen Hills Estate, Lot K PS 722992 Donovans Way, Mansfield subject to Clause 43.04 of the Mansfield Planning Scheme. Mansfield Shire Council is the planning and responsible authority for administering the Mansfield Planning Scheme. The Development Plan must be taken into account when assessing planning applications for the use, development and subdivision of land within the subject site and all planning applications must be generally in accordance with this Development Plan. The Development Plan is complementary to Clause 56 of the Mansfield Planning Scheme. The requirements of Clause 56 will normally be met and they must be exceeded where a requirement of this Development Plan requires a higher level/different form of provision. This Schedule places a requirement for a Section 173 Agreement with obligations for developer and subsequent owners with any future applications for subdivision, use and development. Section 173 Agreements are linked to all titles to the land as binding requirements outside of normal planning scheme requirements.

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Schedule A Engineering The content of the development plan is supported. A further referral may be required when a planning permit application is made for subdivision. The following directions must be satisfied:

Internal road infrastructure

1. All roads, footpaths, kerb and channelling must be designed in accordance with the Mansfield Shire Council Infrastructure Design Manual. All roads and court bowls are to be designed to Access Street standard or Access Place (upon consent from Council) consistent with Table 2 of the IDM.

2. All internal court bowls must have a minimum radius of 11.5 metres.

3. Roads adjacent to reserves must provide for car parking on one side of the road.

4. All pavements are to be constructed to a minimum depth of 250mm in accordance with the Mansfield Shire Council Infrastructure Design Manual.

5. The pavement must be designed by a suitably qualified geotechnical engineer, to the satisfaction of the responsible authority.

6. All road intersections shall be signed and line marked to be compliant with VicRoads Traffic Engineering Manual Volume 2.

7. Temporary court bowls shall be fully fenced, appropriately signed, shaped, drained, and be of all-weather construction (minimum pavement thickness 100mm, class 4 FCR), with a minimum turning radius of 11.5m. Prior to installation of a temporary court bowl, formal agreement with the neighbouring property will be achieved if applicable. Maintenance of the temporary court bowl will remain the responsibility of the developer.

Internal pedestrian and cycle paths

8. Internal pedestrian and cycle paths must be provided in accordance with Table 2 of the Mansfield Shire Council Infrastructure Design Manual and road crossings at external connections must be treated in accordance with the layout in Figure 8 of the IDM.

Traffic Safety

9. Traffic calming treatments shall be installed along the long straight lengths of road throughout the estate to achieve a target speed of 50km/h.

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10. Traffic calming requirements shall be assessed and installed as required along the existing length of Donovans Way.

Earthworks

11. The extent and depth of all proposed lot filling is to be denoted on the design plan. Where depths of fill on allotments exceed 300 mm, those areas are to be clearly differentiated from areas where the depths of fill are less than 300 mm.

12. Where the depth of fill exceeds 300mm, the fill is to be compacted in accordance with the requirements of Table 204.131 Compaction Requirements Scale C of VicRoads Technical Specification 204 and shaped to match existing site levels. Geotechnical test results are to be submitted to Council’s Engineering Department for confirmation that the required compaction has been achieved.

13. Where fill is imported onto the site, written records are to be provided to

Council’s Engineering Department to confirm the source of the fill and to provide evidence that the soil is not contaminated.

Drainage

14. Drainage design plans and computations must incorporate the following: a. A catchment plan for the subject area in accordance with the approved

Drainage Strategy. External catchments affecting the subject land are to be included in the design and computations.

b. All stormwater drainage discharge from the site connected to an approved point of discharge.

c. An on-site detention system designed by a suitably qualified engineering consultant to ensure no net increase in stormwater discharge from the proposed development.

d. An on-site stormwater treatment facility that will achieve a minimum of no net increase in pollutants discharging from the site. Design plans are to include output from MUSIC or similar with design calculation summaries of the treatment elements.

e. All levels are to be to AHD (Australian Height Datum).

15. Underground stormwater infrastructure shall service all lots and be wholly contained within drainage easements.

a. Runoff from impervious surfaces must flow through the designed underground piped stormwater within reserves for municipal purposes or within easements.

b. The 100 year overland flow path is to be contained within the road reserves.

c. No overland flow shall be allowed to impact on the adjacent lots.

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16. All proposed building lot levels (including accesses, carports, garages, and sheds), are to be safe in a flood event, with floor levels for dwellings to be a minimum of 300mm above the 100 year ARI peak flow.

17. All stormwater infrastructure such as wetlands, retardation and treatment facilities shall remain the responsibility of the developer until Statement of Compliance is issued for the final stage of the subdivision. The stormwater infrastructure must be maintained to a standard acceptable to the responsible authority.

Maintenance

18. Reserves for municipal purposes must be designed to the satisfaction of the responsible authority prior to certification.

19. Landscaping elements shall be durable enough to withstand severe adverse weather conditions (ie flooding and sun exposure) and designed and constructed to minimise cost of maintenance, repairs, and replacement. The types of materials, method of construction, and location of infrastructure are to be determined in consultation with the responsible authority.

20. All road, road related areas and public open spaces / reserves within the new subdivision shall be provided with public lighting in accordance with the minimum requirement for Category P lighting guidelines and light technical parameters in AS/NZS 1158.3.1 and as approved by the responsible authority. All public lighting must incorporate the use of energy efficient globes (i.e. T5).

Signage, Street Furniture and Services

21. All street signs and street furniture must meet the appropriate VicRoads and Australian Standards for traffic.

Asset Protection

22. A construction management plan (CMP) is to be submitted and approved by

Council prior to the commencement of any works. The CMP will contatain at minimium:

a. Protection of significant native vegetation during the construction of roads, reticulated services and other infrastructure.

b. Prevention of adverse environmental impacts on existing waterways including through run-off and siltation.

c. Procedures to ensure access by construction vehicles during the construction of Stage 1 of the subdivision is to be via Donovan’s Way only. Access to further stages to be agreed as further stages progress.

23. All services must avoid root zones of existing trees. Where services cannot be placed to avoid the root zone, boring and/or hand digging must be

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undertaken to minimise root damage to the satisfaction of the responsible authority.

24. Temporary barriers must be erected around the drip line of existing trees and maintained during construction to the satisfaction of the responsible authority.

25. Any damage to Council managed assets such as roads & stormwater

infrastructure, must be repaired at the cost of the developer to the satisfaction of the responsible authority

Vegetation Assessment and Tree Protection Zones 26. A Vegetation Assessment of the retention values of the on on-site vegetation

should be undertaken to establish native vegetation off-sets. Tree Protection Zones (TPZ) on relevant lots are to be shown fully dimensioned on plans submitted with future planning permit applications for subdivision.

Landscape and Urban Design 27. Landscape plans for all areas of public open space including streetscape

works detailing soft and hard landscaping items including site preparation, plant species and size, mulching, staking, maintenance schedule, paths, seating, lighting, bollards and fencing and any other matters as appropriate.

28. Detailing of any estate signage and entry treatments.

29. Substations and other service infrastructure should not be located in public open space areas used for recreational purposes. They should be screened from public view and landscaped appropriately.

Goulburn Murray Water GMW requires that future planning permit applications meet the following requirements:

30. Development approvals must not impact detrimentally on GMW’s infrastructure and the flow and quality of surface water and groundwater.

31. Water supplies must be available from an approved source. Goulburn Valley Water Goulburn Valley Water supports the content of the development plan subject to further referral when a planning permit application is made and subject to the following requirements:

32. The provision of reticulated water and sewerage infrastructure to service the future residential development of the site, including payment of water supply and sewerage new customer contributions, would be met by the developer. This may include, but not be limited to, construction of water mains, sewerage pump station and associated works.

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Country Fire Authority The Country Fire Authority supports the content of the development plan subject to further referral when a planning permit application is made and subject to the following requirements:

33. CFA fittings are to be installed on any water tanks required on site. a. The static water supply must be provided with an outlet for the CFA

(CFA outlet) that includes a 64 mm CFA thread per inch male coupling. b. The static water supply must also include an outlet which incorporates

a ball or gate valve separate to the CFA outlet for use by the owner/occupier of the land.


35. Hydrants must be no more than 200m apart. 36. The hydrants must be identified with marker posts and road reflectors to the

satisfaction of the CFA. 37. The number of access points into/out of the development should not be

reduced without consultation with CFA. 38. Standard CFA access conditions will apply.

a. Roads shall be constructed to provide emergency vehicle access to all lots. The roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

b. The roads shall be designed to accommodate the design vehicle equivalent to the Austroads Design service vehicle – 12.5m radius.

c. Provision shall be made at the end of all dead-end roads greater than 60m in length (whether or not created as a result of staged construction) for turning a design vehicle equivalent to the Austroads design service vehicle (8.8m long) using a 12.5m radius. (A three point turn is acceptable).

d. The roads shall have a minimum trafficable width of 7.3m (measured invert to invert) if parking is unrestricted or 5.5m if parking is prohibited on one side of the road.

Matters to be set out in Section 173 Agreement under the Planning and Environment Act 1987. Future subdivision permits must include a condition requiring the applicant to enter into an agreement with the Shire of Mansfield pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with the preparation of such agreements will be borne by the applicant. The agreement is to be made up of two parts, one to stipulate the developer’s obligations and the other to stipulate the owner’s obligations. The agreement will provide (to the extent

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relevant to the particular stage of subdivision and or particular lots) for the following: Developers obligations

• Formalisation of Tree Protection Zones to all trees proposed to be retained.

• A notation be placed on the Certificate of Title of each lot created, to the effect that the land is adjacent to or in close proximity to land in the Farm Zone and that some activities within the Farm Zone may have off site impacts from time to time.

Owners obligations

• Fencing to be of an open, rural nature.

• Provision of water tanks.

• No sheds or storage of boats, trailers and caravans to be within front setbacks and to be appropriately screened from public view.

• Clotheslines and bin storage areas to be appropriately screened from public view.

• Construction of a vehicle crossover into the property within 12 months of the construction of the dwelling.

• Maintenance of the vegetated buffer as per the endorsed landscape plan.

• No further subdivision of lots.

• No more than one dwelling to be erected per allotment.

END OF DOCUMENT

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10.3 EXECUTIVE SERVICES 10.3.1 Submission on the Local Government Act Bill – Exposure Draft File Number: E985 Responsible Officer: Governance Co-ordinator, Dawn Bray Disclosure of Conflicts of Interest The author of this report does not have a direct or indirect conflict of interest in any matter discussed in the report as defined by the Local Government Act 1989. Introduction In December 2017, the State Government released the Exposure Draft for the new Local Government Act Bill, which is scheduled to be introduced to Parliament in mid-2018. Council submitted an extensive submission in August 2016 making comment on a number of issues, particularly around proposed changes to representation models, role of the Mayor and CEO, the need for a raft of new strategies and long term documents and the overall increased cost of the proposed changes on this small rural council when the cumulative impact of rate capping is starting to take its toll on our resources and financial security. The Exposure Draft has addressed a handful of the concerns raised in Council’s previous submission. The regular reference to the ability of the Minister to unilaterally introduce regulations to support the new Act is also a concern, particularly when such regulations have not been drafted and consultation processes for the development of such regulations unclear. There is also a clause that facilitates the amalgamation of existing councils. There are also a number of initiatives outlined by the Exposure Draft that are supported by Council, including being less prescriptive about processes and procedures. The Draft is also simplified in terms of the range of issues the Act deals with, definitions have been refined and clarified and overall the Act is more concise. After concerns were raised by the sector, the initial deadline for comments of mid-February was extended to 16 March 2018. Given this Council meeting is held after the cut-off date, the submission has already been forwarded to the Department of Local Government. Any amendments Council may see fit to make to the submission can be forwarded as an addendum if required. This report recommends that the draft submission be adopted and forwarded to the Department of Local Government.

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10.3.1 Submission on the Local Government Act Bill – Exposure Draft Contd Background The current Local Government Act was drafted in the mid 1980’s and introduced in 1989. The Act is very prescriptive around the processes and procedures that govern how all councils in Victoria operate. It is fair to say that the Act is now very complex, long and outdated in terms of its prescriptive format. The State Government commenced work on drafting a new Act in 2016. A discussion paper highlighting key issues and possible solutions was released in mid 2016. This led to a significant amount of feedback from councils, other peak bodies, the community and other stakeholders across the State. The Exposure Bill was released in December 2017. Initially the State was only providing eight weeks for submissions to be lodged, however given the loss of time from the Christmas break, and the inability for councils to fully digest the draft Bill and adopt a submission by mid-February, the State extended the deadline to 16 March 2018. The key issues of concern expressed by Council in its submission to the Discussion Paper in 2016 were proposed changes to representation models (including an increase in the minimum number of councillors to 7), changes to the role of the Mayor and CEO, the prescription of a raft of new legislated strategies and long term plans and the overall increased cost of the proposed changes on this small rural council. Statutory Requirements There are not statutory requirements relating to making a submission on the Exposure Draft. Council Plan Council’s submission is based on supporting the Strategic Directions and Strategic Objectives of the 2017-21 Council Plan, including: Strategic Direction 1 – Participation and Partnerships: Strategic Objective 1.1 Our community has a say in matters of interest to them.

Strategic Objective 1.2 Council is an effective advocate on behalf of its community. Strategic Direction 2 – Financial Sustainability: Strategic Objective 2.1 Council has a strategic, long term financial plan to secure

its ongoing financial sustainability. Strategic Direction 2.4 Council has secured sustainable levels of recurrent funding

and ‘own source’ revenue. Strategic Objective 2.5 Council has maximised shared services with other councils

and authorities to minimise service costs.

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10.3.1 Submission on the Local Government Act Bill – Exposure Draft Contd Strategic Direction 4 – Enhanced Liveability: Strategic Objective 4.1 We have long term strategies and capital works programs

in place to respond to changing community needs. Strategic Objective 4.4 We have strong policy and decision making frameworks in

place to protect and enhance the unique character of our Shire for future generations.

Financial The Exposure Bill, if passed by Parliament in its current form, would have a significant impact on Council’s budget given:

· The requirement to produce around nine new strategies and long term documents, all within a relatively short timeframe after the legislation is in place and then after general elections;

· Relatively recently adopted local laws would have to be replaced by ‘governance rules’;

· The adoption of regulations to support the new legislation, at any time by the Minister and without prescribed consultation processes with the sector, may also increase the prescription around council activities and the cost of complying with the new Act; and

· The absence of the ability to raise a charge to enable Council to cover the cost of proactively inspecting onsite wastewater systems, which is something that councils in the North East have been lobbying the State Government for since the 1:40 hectare issue began in 2010;

· Changes to Councillor representation models may also increase the cost of supporting Councillors in their role, with a potential for the number of councilors to either increase or decrease, depending on the model prescribed by the State Government.

Social The Exposure Bill does have potential positive and negative social impacts, mainly resulting from changes to representation models for the composition of council and the role of the Mayor, Deputy Mayor and CEO. At present, the State are seeking to prescribe that only one representation model be adopted across a council; at present we have two in that the Mansfield Ward is a multi-member ward and the remaining four wards are single councillor wards. Any change to either an unsubdivided Council, single councillor ward structure or multi member wards would all lead to representational imbalances due to the significant differences in population between the Mansfield Ward and other wards. Furthermore, section 276 of the Exposure Bill suggests that the Minister would identify the voting method to be used for an election, rather than allowing individual councils to decide, which is the current approach. This proposed change reduces local democracy and autonomy.

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10.3.1 Submission on the Local Government Act Bill – Exposure Draft Contd Environmental There are no significant environmental impacts arising from this report. Economic There are no significant economic impacts arising from this report. Risk Management There are no significant risk management impacts arising from this report. Community Engagement There is no requirement to undertake community engagement on changes to legislation that governs councils, however it should be noted that a number of senior staff and all Councillors have attended various workshops, meetings and presentations on the Exposure Bill as a means of understanding what the State is proposing and advocating for changes on behalf of our community. Officer’s Comments The Department of Local Government provided a template for submissions, which has been populated with comments around what is and is not supported in the Exposure Bill. The submission can be found at Attachment 1. Several aspects of the Exposure Bill are supported, including: · The move to being less prescriptive and more principle based throughout the

legislation; · Simplification and clarity around definitions of key words; · Simplification of conflict of interest provisions; · The ability for Mansfield to retain a minimum of 5 councillors, rather than the 7

proposed by the Discussion Paper in 2016; · Recognition of the importance of the Deputy Mayor’s role; · Ability to choose whether the Mayor has a 1 or 2 year term (previously it was

mandated to be 2 years in the Discussion Paper); · Application of the misuse of position and confidential information clauses of the

legislation to non-councillor members of the Audit and Risk Committee to ensure consistency in requirements across all members of the committee;

· Simplification of the process to apply special purpose charges, with a simplified process for proposed charges seeking less than 2/3 of the total cost of the project;

· Simplification of the process for adoption of the Councillor Code of Conduct; and, · Lodgement of election candidate donations to the Chief Municipal Inspector rather

than the CEO.

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10.3.1 Submission on the Local Government Act Bill – Exposure Draft Contd As previously mentioned, there are a number of aspects of the Exposure Bill that are still of concern. Wherever possible, our submission suggests constructive changes that could be made to the wording of the Bill to address our concerns. Issues of particular concern include: · Prescription that a single representation model must be applied across the municipality,

therefore our current model of multi member and single member wards would have to change, with the potential for significant adverse impacts in terms of representing the diversity across our shire;

· Change from the existing Meetings Procedures Local Law, currently required by the Act, to a document based on governance principles, which would lack the legal status of a local law and councils would be unable to affix penalties to breaches of the principle based document;

· The proposal to require the CEO to ‘consult’ with the Mayor when setting the council meeting agenda blurs the line between the operational and political realms. A number of reports from the Ombudsman and IBAC have underlined the importance of maintaining a clear separation between these two realms, which is undermined by this section of the Exposure Bill;

· There is a lack of ability for Council to decline the Minister’s indexation of annual allowances, meaning the current practice of forcing councils to adopt remuneration increases is retained. Council would prefer the ability to choose whether or not to apply the indexation;

· The CEO is required to produce a Workforce Plan, which outlines staffing requirements for at least 4 years and must include mandatory gender equity, diversity and inclusiveness clauses and targets. It is not considered appropriate that mandatory targets be applied to councils, particularly in rural areas where the pool of prospective employees is relatively low when compared to metropolitan Melbourne;

· The range of new policies and strategies mandated are extensive and the timelines to complete them short – this will place incredible pressure on this small organisation. Representatives from the Department of Local Government were asked at a workshop as to whether or not the State would be providing templates for all of these new strategies and long term plans to minimise the impost on small councils, however this was responded to in the negative;

· There is no mention of including onsite wastewater management system inspections in the list of service charges that can be raised under proposed clause 107 – suggested wording is included that would enable councils to recuperate these costs in a similar way to water corporations being able to raise a sewerage service charge;

· There are several references to meeting a community engagement policy rather than meeting the community engagement principles outlined in section 55 – there is potential for layers of bureaucracy in terms of having to meet principles prescribed by the new Act, other regulated processes and then a community engagement policy rather than complying with the community engagement principles alone, which would be a more streamlined approach;

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10.3.1 Submission on the Local Government Act Bill – Exposure Draft Contd · Section 326 must be amended to replicate the current power of council and the CEO to

authorise staff to be authorised to administer and enforce any other act, regulation or local law – without this wording authorised positions such as Municipal Fire Prevention Officers would lose their ability to enter private property for inspections, which is currently provided for under the current Act.

Literature provided by the Department of Local Government in December 2017 suggests that the Bill would be introduced to Parliament sometime between March – May 2018, with the expectation that the new Act would be operational by June 2018. This timeline is considered to be very tight, however it is clear that the Government intends for the Bill to be debated and the legislation passed prior to the commencement of the caretaker period for the 2018 election. Councillors Attley/Olver: That Council adopt the Mansfield Shire Council submission on the Local Government Bill – Exposure Draft, as per Attachment 1, and as submitted to the Department of Local Government on 12 March 2018.

Carried Mayor Cr Volkering acknowledged the work of Acting Development Services and Governance Manager, Dawn Bray, in capturing Council’s response to the Local Government Bill Exposure Draft.

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187.

ATTACHMENT 10.3.1

SUBMISSION ON THE LOCAL GOVERNMENT ACT

BILL – EXPOSURE DRAFT

(17 PAGES)

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Submission Template

Local Government Bill – Exposure Draft

Name If you work in an organisation or council, please provide the following information:

Organisation or council name Mansfield Shire Council Position Acting Governance & Development Services Manager Are you providing this submission on behalf of the organisation or council?

Organisation

Key information about making a submission What feedback should I provide on the exposure draft bill? Following an extensive consultation process that considered the policy issues that underpin the Local Government Act, we are now seeking feedback on the Local Government Exposure Draft Bill to inform the final draft legislation before the Government reviews it to present to the Victorian Parliament. We strongly encourage you to read the explanatory document (A New Local Government Act for Victoria) to assist you to navigate the draft legislation. What is the closing date for submissions? The closing date for submissions is 5:00 pm, Friday 23 February 2018. Given that the draft bill is subject to parliamentary timeframes, submissions received after this date will be considered at the Government’s discretion. How do I make a submission? Submissions can be made in three ways:

• Online by uploading your submission to the www.yourcouncilyourcommunity.vic.gov.au website • Emailing your submission to [email protected] • Posting your submission to:

Local Government Act Review Secretariat C/o Local Government Victoria, PO Box 500, Melbourne VIC 3002

How do I complete this template? To complete this template:

(1) Locate the part of the Draft Bill you wish to comment on. (2) Insert the clause number, your level of support for the clause, the proposed change and any other comments

into the table. Can I provide a submission in another format? It is strongly preferred for submissions to be made by completing this template. However, if another format suits your needs or the requirements of your organisation you are welcome to use another format. Will submissions be made publicly available? Written submissions and the name of the author will be published on the www.yourcouncilyourcommunity.vic.gov.au website unless confidentiality is requested and the Executive Director of Local Government Victoria grants it, or if it is determined your submission should remain confidential. Submissions that are defamatory or offensive will not be published. Please contact the Local Government Act Review Secretariat if you have any questions on (03) 9948 8518 or [email protected]

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

mailto:[email protected]

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

mailto:[email protected]

Part 1: Preliminary

Clause (No.) Support / Do Not Support / Neutral

What changes do you propose and why? Are there any other comments you would like to make on this clause?

3 Definitions Support We are supportive of the more comprehensive definition of what constitutes confidential information as this provides for clarity and consistency.

Do you have any overall comments on Part 1 of the Exposure Draft Bill?

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Part 2: Councils



8 Do not support Clause 8(3) replicates the principles outlined in 8(2) and should be deleted. Require the adoption of a local law to ensure these principles are met through council meetings.

There are 14 principles that require application under this clause. The addition of considering principles listed under s8 (3) leads to complicated decision making. There is a lack of priority between these 14 principles, nor is there guidance as to which principle takes precedence should it conflict with another principle. Replication between s8(2) and 8(3) needs to be resolved as the principles in 8(3) merely replicate the principles outlined in 8(2) but uses different wording. The loss of the mandated mechanism of a local law to ensure that the principles of democratic, representative and equitable decision making is opposed. We believe that the draft Act must mandate that a local law be adopted to give clear effect to the principles through formal decision making processes.

12(1) Support The retention of a minimum number of 5 councillors is supported to avoid increase costs of supporting more councillors as was proposed in the Directions Paper.

12(4) Do not support The retention of a mixture of representation models should be preserved.

Currently Mansfield has a mixture of single councillor wards and a multi member ward for our main township, Mansfield, where over 1/3 of our population resides. We must retain single member wards to reflect the diversity of our outlying townships, the scale of our shire and to ensure each area has a loud and democratic voice. Splitting the current Mansfield ward into two to comply with all wards being single member is considered to give rise to division within the township. We believe our community is satisfied that our current electoral structure works and so there is no need to fix what is not broken.

13(2) Support The requirement for a local law to be adopted around the use and keeping of the common seal should be reinserted.

Given the proposed Act highlights the use of the common seal, it is only logical that councils are required to maintain a local law around its use, as we are under the current Act.

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14 and 15(3) Do not support A requirement to ensure the electoral structure recommended by the electoral representational advisory panel under s 15(3) must provide for: • a model that reflects the diversity within the municipality • a model that reflects the geographic size of the

municipality

The draft Act is considered to have been tailored for metropolitan application rather than for application to larger shires such as our own where our land area is large and outlying communities diverse. The principles outlined in earlier sections of the draft Act are considered to be undermined by the lack of reference to geographical size and diversity.

17 Partial support

Partial do not support

Delete s17(h). The clarity around the role of the Mayor is supported, however 17(h) is very unclear and will lead to confusion around the role of the Mayor and the CEO and also undermines the separation of elected councillors from operational matters. This principle must be underlined by the new Act as it has been a fundamental principle driving local government for decades. Various Ombudsman, Inspectorate and IBAC investigations have found that it is vital that operational matters are clearly defined as the CEO’s responsibility and not elected councillors. We must avoid applying a political lens to the setting of council meeting agendas, particularly as under other legislation such as the Planning and Environment Act 1987, require decisions to be made within statutory timeframes. The current wording places the CEO under tremendous pressure given he is appointed by Councillors and councillors could apply pressure to the CEO to set agendas that reflect political agendas rather than the business that must be conducted. This clause also contradicts s 28(3) which states that a councillor must not undertake any responsibilities or functions of a CEO.

21 Support The acknowledgement of the draft Act’s focus on the Deputy Mayor’s role is supported.

26 Support The ability to elect a Mayor for a one or two year term is supported as it provides flexibility.

27 Support Insert subsections (2) to (7) of s26 under this section to provide absolute clarity and a stand-alone clause.

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32(b) Do not support Delete “or an eligible British subject referred to in section 48(1)(a) of the Constitution Act 1975.”

The reference to being a British subject is an outdated practice and is potentially divisive within the community. The core aim should be for a councillor to be an Australian citizen. We do not want to get caught up in citizenship questions or legalities.

37 Partial support Provide for an ability for a Council to resolve not to pass on the annual increments published by the Minister under 37(1).

In the past Councillors have expressed discomfort with having to cut services and increase fees as a means of responding to cumulative impacts of rate capping while taking mandatory increases to their allowances. There should be capacity for a council to resolve not to take all or part of the annual increment.

40(2)(b) Do not support It is incredibly difficult to provide comment when the regulations referred to in the draft Act do not exist.

44(3) Do not support Delete this clause It is not considered that the Government of Victoria’s Policy on Executive Remuneration in Public Entities is appropriate, particularly given it includes a clause stating that an annual incentive payment of between 17-20% of the total remuneration package should apply. This would increase remuneration costs for a CEO and hit small councils disproportionately when compared to interface and metropolitan councils.

45(d) Do not support Delete the words “after consulting the Mayor”. See previous comments. This wording blurs the line between the CEO’s operational duties and political aspirations of the Mayor/Council. It undermines other clauses in the draft Act that seek to provide demarcation between councillor and officer duties.

45 Do not support Delete projected staffing requirements for at least 4 years to be included in a workforce plan. Delete parts of this clause that require gender equity, diversity and inclusiveness.

The new requirement for a CEO to prepare a workforce plan required under this clause is one of several new plans and strategic documents required under the draft Act. This seems overly prescriptive in principle and undermines the principles of the Act in terms of the new act being principle/objective based rather than prescriptive. Further, mandating gender equality, diversity and inclusiveness duplicates the requirement for council and the administration to comply with other equality, disability, human rights and anti-discrimination legislation. This prescription also undermines the appointment of staff based on merit, skills and the ability to do the job. Again, the lack of the regulations referred to in s45(5) is of a

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concern as we are unable to see what kinds of requirements the CEO must comply with.

52 Support The application of sections 162 (Misuse of Position) and 164 (Confidential Information) to non-Councillor members of the Audit and Risk Committee is supported.

53 Partial support While the principle of the Audit and Risk Committee assessing its own performance on an annual and biannual basis, it must be recognised that this increases the administrative and resource burden on small councils. In addition to a raft of other new policies, procedures and reporting requirements under the draft Act, this will have a significant adverse impact on small councils.

Do you have any overall comments on Part 2 of the Exposure Draft Bill? Mansfield Shire Council’s submission on the Directions Paper highlighted the additional costs imposed by the requirement to prepare and adopt a far broader range of policies and procedures. Despite this submission, the draft Act continues to prescribe a wide range of new requirements, which also appears to be the stated objectives of the new Act in terms of being less prescriptive and allow councils to be more innovative. The level of prescription in this Part is concerning. Of significant concern are multiple references to regulations being prepared by the Minister, yet such regulation has not been drafted. This means councils do not know how the State government will prescribe how councils are to meet various clauses. The use of regulation also avoids a public process, which seems to be at odds with the fact that local government is required to adopt a range of strategies to strengthen community participation and involvement in decision making. The lack of provisions around Senior Officers is a concern as the draft Act is silent on what would happen to staff currently on such contracts. Should the State government pursue its desire for a broad range of policies, plans, governance rules and the like to be prepared and adopted, then it should provide template documents to ease the administrative cost and burden on all councils, but in particular small rural councils. We believe the provision of templates (which could be amended for those councils wishing to go over and above legislative compliance) is essential.

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Part 3: Council decision making



54 and 56 Partially do not support

Delete the requirement to maintain a community engagement policy and public transparency policy.

These two mandatory policy requirements are considered superfluous as the principles for the role of a council and decision making principles are already set out in earlier sections of the Act. The principles outlined in s55 and 57 are sufficient on their own. The resource implications of developing a raft of new policies is heightened in small rural councils, as highlighted in our submission to the Discussion Paper.

58 and 65 Partially do not support

Replace governance rules with the requirement for a local law so that existing local laws adopted by councils continue to apply. Delete reference to governance rules and reword the section to require an election period policy only.

It is unclear why the current requirement for a local law, which allows infringements to be issued should the law be transgressed, has been replaced by ‘Governance Rules’. Not only have councils lost the ability to deal with unacceptable behaviour through the issuing of infringements, but the requirement to prepare and adopt new governance rules when a local law is already in place is of concern. Again, this is a significant burden on a small council and appears to be superfluous when the current local law system works effectively. It is important to note that the section relating to the development of governance rules does not require a public engagement process, which the local law process requires. This conflicts with the objectives of the new Act and the focus on community engagement.

64 Supported We welcome the inclusion of a solution as to how to deal with matters when a quorum cannot be maintained due to conflict of interest.

70 Partially do not support

Delete reference to the making of a local law in accordance with its community engagement policy, rather state that the community engagement principles must be met.

As per previous comments about the mandatory requirement for a community engagement policy, it should be the principles of community engagement that are met. This provides for the flexibility and innovation in consultation that the draft Act aims to achieve.

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This clause is very broad in its wording and application. It is also unclear if good practice guidelines issued by the Minister are mandatory, if councils are required to report on compliance with the guidelines and what the public consultation process is for the Minister preparing such guidelines. The inclusion of such a broad power without prescribing consultation with the community is not supported.

Do you have any overall comments on Part 3 of the Exposure Draft Bill? Our concerns about a significant increase in the number of policies, procedures and the replacement of a meeting procedures local law governance rules is highlighted above. This section of the draft Act has significant workload and resource implications and seeks to fix things that are not broken, such as replacing a meetings procedure local law with new governance rules.

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Part 4: Planning and financial management



83 Do not support Deletion of this clause

Given the other changes proposed in this Part around increasing the lifetime of a budget, the need for a long term financial plan and the like, it is considered that a 10 year Community Vision should not be mandated. At present, councils choose whether or not to prepare a community vision and it is considered this approach should continue. We believe our time and resources are best spent on preparing the long term financial plan given that the Council Plan and other strategic documents required under other legislation, and outlined in planning schemes is sufficient to provide strategic direction for a municipality. It is considered that having to create another document that replicates the strategic direction outlined in other mandatory strategies and planning schemes is sufficient.

85, 86, 87 and 88 Supported

The preparation of longer term plans is supported, however the time and cost implications of doing so on small rural councils must be acknowledged and addressed by the State government. Clause 86 refers to the manner and form prescribed by the regulations – the current regulations do not address a Financial Plan and presumably these will be modified. Assumption is they will require standard financial reporting consistent with Australian Accounting Standards.


Clause 3(d) and clause 4(a) require the same information to be presented in two places within the Annual Report. This is unnecessary repetition. Suggest 3(d) be modified to require only a statement of progress against the service performance indicators

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97 Not supported This clause should be deleted as it duplicates the raft of documents required under section 85 – 88.

Councils will, as a matter of course, adopt policies that support the implementation of long term financial plans, asset plans and the like and we believe this section is superfluous.

Do you have any overall comments on Part 4 of the Exposure Draft Bill? Again, the amount of new documents and reporting requirements in this Part will have an adverse impact on small rural councils. There are some sections that may be deleted as there is duplication in requirements. The draft Act should be an enabler for councils, not an overly prescriptive piece of legislation, as was one of the key objectives of drafting this new Act. Outlining the principles councils must adhere to should be the role of the new Act, rather than prescription about developing documents that are merely a replication of other strategic documents required by other legislation. There are many references to the Local Government (Planning and Reporting ) Regulations, however we are yet to see the revised regulations.

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Part 5: Rates and charges



105(3) Error The reference to Ministerial guidelines made under section 84 appears to be a drafting error.

107 Conditional support

Renumber clause 107(1)(c) to 1(d) and insert a new clause (c) onsite wastewater management systems inspections.

Many rural councils have been lobbying for many years around the ability for a service charge to be levied against inspections for onsite wastewater management systems. Councils in declared special water catchments face a huge burden of ensuring that landowners maintain their onsite wastewater systems to the appropriate standard. This costs a significant amount of money in our Shire as we have over 4200 onsite systems. We cannot currently charge a fee to cover our costs, which is in contrast to water corporations who levy an annual service fee of over $90 per property. Councils must be able to recover these costs and to do so, we request that section 107(1) be amended to specifically list onsite wastewater management system inspections.

112 Conditional support

Clarity around how the proportion of special benefit referred to under 112(3)(b) is required – it seems to be onerous and confusing. Suggest including the current formula outlined in 163 (2A) of the current Act.

This section is relatively vague and it is considered greater benefit would be gained by including the formula to calculate cost imposed on any person via a special rate or charge outlined in the current Act.

113 and 114 Support The provision of separate processes for special purpose charges that seek to cover less than 2/3 of the total cost of works or services and those that seek to cover more than 2/3 of the cost is supported. Specification of a 28 day timeframe for receiving submissions under clause 2(b) would be helpful.

Do you have any overall comments on Part 5 of the Exposure Draft Bill? A significant amount of this Part is similar to what exists in the current Act and does not represent any wholesale changes.

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Part 6: Council operations



146 and 147 Support in principle but mandatory requirement not supported

Delete this clause and clause 147. Replace with wording under the list of principles stating that council must maintain a range of policies that implement the service performance principles and that these policies must be made available to the public.

Section 145 sets out the service performance principles, which are supported and replace the outdated Best Value principles. However, the requirement for a complaints policy is another example of an over prescriptive act. Our suggested approach is consistent with the way other sections of the draft Act are worded in stating that councils must adopt policies to implement the principles. This provides flexibility and empowerment without losing transparency or accountability. Mansfield Shire has a complaints policy in place currently and this has not been mandated by an Act.

150 Supported

Council supports the process outlined by this section as a means of reinforcing the need for due diligence and risk management. Reporting requirements via the annual report are also supported.

153, 154 Partially not supported

Delete references to “in accordance with its community engagement policy” and refer to the community engagement principles of section 55 being met instead.

Our suggested changes focus the Act on compliance with principles rather than prescription for policies.

Do you have any overall comments on Part 6 of the Exposure Draft Bill? Our changes focus on adherence to principles rather than prescriptive policies and procedures.

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Part 7: Council integrity



165-170 Support Insert s79(5) from the current Act.

The simplified conflict of interest provisions are supported, however it is considered that the requirement for the CEO to keep disclosures for 3 years and then dispose of them under s79 (5) should also be included as the draft Act is silent on how this important information is to be dealt with. It is considered important to the public interest and for transparency reasons that disclosures are managed in the way they are now.

176 Supported in principle

Delete s176 and incorporate its provisions in the Councillor Code of Conduct s179

Mansfield Shire has a gifts, benefits and hospitality policy that applies to staff, contractors and Councillors. It is considered there is no need to include this clause requiring a policy and that a more sensible approach is to ensure provisions around gifts is best included in the Code of Conduct under s179 as well as any other policies councils see fit to develop and adopt.

179 Supported The removal of the requirement to adopt the Code of Conduct at a Special Meeting of Council is supported. It is considered that adopting this important document at an Ordinary Council meeting, where members of the public are more likely to be present, is preferable and reduces the administrative burden on councils.


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Part 8: Ministerial oversight



Do you have any overall comments on Part 8 of the Exposure Draft Bill? This Part generally reflects provisions in the current Act, however Council wishes to underline its concern that the use of regulation by the Minister avoids consultation with the Parliament, the sector and the community. Given councils are being asked to be transparent about their community engagement processes, it is considered appropriate that the Act provide for a public process around regulations and the need for community/sector engagement in their development.

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Part 9: Electoral provisions



276 Not supported Amend 276(1) and (2) to allow councils to determine the voting method, not the Minister.

It is considered a matter for the council to determine how best to conduct the election, as per current practice. Prescription by the Minister does not allow for self-determination and for councils to use a voting method which best suits its own community. The possible prescription for attendance voting in a small rural council such as ours would significantly increase costs and so it is important that council make a decision which would have such an impact on its budget and financial planning.

282 Supported

The inclusion of a process through which council can appeal the cost of the Victorian Electoral Commission conducting the election to the Essential Services Commission is supported.

320-323 Supported Amend s 323 to require the Chief Municipal Inspector to provide a copy of the campaign donations to all Councils. Require all Councils to publish a copy of the campaign donations on the website and make available for public viewing.

The requirement for all candidates in an election to lodge a campaign donation return to the Chief Municipal Inspector rather than the CEO (as is the case presently) is supported. The provision of information from the Inspector to councils is considered vital.


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Part 10: General provisions



326 Supported subject to amendments

Amend 326(1) to include the read “for the purposed of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council”. This provides consistency with the wording of s 328.

The absence of the words “and any other Act” removes the ability for an Authorised Officer under the Local Government Act to enter a property for the purpose of inspections (eg fire hazard inspections by Municipal Fire Prevention Officers, onsite wastewater inspections). Without this authorisation, the ability for council officers to undertake enforcement duties under other acts is removed. This catch all authorisation is the most efficient process to enable all enforcement and administrative functions to continue to be provided in an efficient and effective way. Interestingly, s328(1)(a), (b) and (c) uses the words “any Act”.


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Part 11: Consequential amendments and repeals



Do you have any overall comments on Part 11 of the Exposure Draft Bill? This Part has no impact on Mansfield Shire Council.

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10.3 EXECUTIVE SERVICES CONT. 10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson File Number: E 429 Responsible Officer: Revenue Co-ordinator, Bess Gillard Disclosure of Conflicts of Interest The author of this report has declared no conflicts of interest in relation to this item. Introduction A resolution is required to formalise the naming of an unnamed lane in Jamieson. The lane in question is located at 93-99 Jamieson-Licola Road, Jamieson and is currently unnamed. Background A new subdivision of property in the immediate area has required the lane to be named. The map below indicates the lane in blue.

When proposing a new name we asked the community to consider the 12 General Principles of the Naming Rules for Places in Victoria (statutory requirements for naming roads, features and localities 2016) as well as the following:

· A name that connects today’s community to their own stories · A name that celebrates the area – its people, places, stories-past and present · A name that helps tell an important story · A name that links people to their physical location and environment

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10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson Contd

· A name that embraces many cultures and communities · A name that is distinctive, · A name that is evocative, creative or intriguing and encourages a sense of

curiosity.

Names must comply with the Naming Rules to be considered for selection. Council has performed extensive consultation over the naming of this lane, with thirty five submissions received for 29 different names. Each was assessed by Council Officers against the Naming Rules and a summary is shown in the table below. Community proposal Officer assessment

1. Lloyd Lane Rejected due to objections received from Community members at consultation meeting held in Jamieson on 4 November 2017

2. Lauradale Lane (3 x Applications) Rejected due to objections received from Community members at consultation meeting held in Jamieson on 4 November 2017

3. Jamilocal Lane Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

4. Bridle Lane or Bridle Way Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

5. Valley Views Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

6. Old Homestead Lane or Homestead Lane

Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

7. Cow Water Lane Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

8. Stock Water Lane Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

9. Horse Water Lane Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

10. Camp Lane Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

11. Hopeful Lane Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

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10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson Contd Community proposal Officer assessment

12. River Lane Rejected under Principle (D): Ensuring names are not duplicated within 30 kilometre radius

13. Inches Lane Rejected under Principle (H): Using Commemorative Names. The names of people who are still alive must be avoided because community attitudes and opinions change over time

14. Canavans Lane Rejected under Principle (H): Using Commemorative Names. The names of people who are still alive must be avoided because community attitudes and opinions change over time

15. Matilda Road No history or information provided by applicant

16. Roady McRoad Face (3x Applications)

No history or information provided by applicant

17. Blasting woodducks Lane No history or information provided by applicant

18. Goldpan Lane No history or information provided by applicant

19. Sluice Lane No history or information provided by applicant

20. Panners Lane No history or information provided by applicant

21. Prospectors Lane No history or information provided by applicant

22. Pioneers Lane No history or information provided by applicant

23. Pick N Shovel Lane No history or information provided by applicant

24. Alluvial Lane No history or information provided by applicant

25. Hard Yakka Lane No history or information provided by applicant

26. Gold Wash Lane No history or information provided by applicant

27. Cinnabar Lane (2 x Applications) Cinnabar is an important ore of Mercury which was mined further up the Jamieson river at the Quicksilver Mine. Selected as the preferred name.

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10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson Contd Community proposal Officer assessment

28. Quicksilver Lane Quicksilver is the name of the mine that opened in 1893 after the discovery by Richard O’Brien of the chemical element mercury and its sulphide, cinnabar. The name was not selected.

29. Poplar Lane (2 x Applications) Poplar Farm was built in Jamieson in 1863 by one of Jamieson’s early pioneers, William Hoskin, and later sold in 1916 to the Sutcliffs, another family with a long history in the region. The name also reflects the tranquil amenity of the properties the road services, and invokes the peaceful and beautiful imagery of notable local flora. Poplar Lane will be added to Council’s naming register for possible future use.

The name Cinnabar Lane has been selected by Council officers as the preferred name. Historical Background to the name Cinnabar is an ore of Mercury which was mined further up the Jamieson River at the Quicksilver Mine. Cinnabar is bright red in colour and was used to carve jewellery and ornaments by workers at the Quicksilver Mine from the 1890's to 1930's.

The mine opened in 1893 after the discovery by Richard O’Brien of the chemical element Mercury and its Sulphide, Cinnabar. From this, the Quicksilver Mining Co was formed. The mine is now a relic, but it is situated upstream on Mitchell's bridle trail, accessible from Axe Track. The mine did not become viable, but ran for a few years, it had attempted changes of ownership, investment from the UK and twists of fate that meant it has some notoriety.

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10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson Contd Statutory Requirements Section 5 (1) to Schedule 10 of the Local Government Act 1989 states that a Council may

(a) approve, assign or change the name of a road; and (b) erect signs on a road; and (c) approve, assign and change the number of a road and any premises next to a

road; and (d) require people to number their premises and to renew those numbers.

Section 5 (2) states that “The Council, in exercising a power under paragraph (a) of sub-clause (1) must act in accordance with the guidelines in force for the time being under the Geographic Place Names Act 1998 and must advise the Registrar under that Act of the action it has taken under that paragraph”. The current guidelines in force under the Geographic Place Names Act 1998 are the Naming Rules for Places in Victoria (the Naming Rules). The name selected must meet the statutory requirements for naming roads as outlined in Section 3 of the Naming Rules. There are also consultation requirements outlined in Section 7 of the Naming Rules, which are discussed in more detail within the “Community Engagement” section of this report. The Office of Geographic Names (OGN) provides state-wide advice to Victorian naming authorities and the public about appropriate and compliant naming practices. The Registrar of Geographic Names oversees the gazettal and registration of place names in Victoria. Road names must be approved by OGN and once gazetted are placed on the public VICNAMES database. Council Plan Enhanced Liveability: 4.4 We have a strong policy and decision making framework in place to protect and enhance the unique character of our Shire for future generations. Financial There is no financial impact associated with this proposal. Social Adjoining property owners, the Jamieson Community Group and all individuals that submitted a name have been notified of the proposed name Cinnabar Lane in accordance with the statutory community consultation process. Once approved and gazetted by the OGN all emergency services will be notified of the update. A new sign will be erected by Council clearly marking the Lane as a No Through Road. Environmental There is no environmental impact associated with this proposal.

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10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson Contd Economic There is no economic impact associated with this proposal. Risk Management There are no significant risks arising from this proposal. Community Engagement Community consultation has been conducted in accordance with the statutory requirements under the Naming rules for Places in Victoria.

S6: Initiating a proposal Council Officers sought recommended names from the community for consideration.

S7: Consultation The guidelines require Council to seek objections or feedback from the community on a proposed name. The submissions process must be open for a minimum of 30 days.

Council may elect to abandon a proposal if objections are received. However, providing the objection does not relate to a breach of the Naming Rules, Council may choose to adopt the proposal regardless of objections received. In applying the guidelines, Council Officers will usually recommend abandoning an objected name unless:

a) there is no clear secondary name choice available, or b) time constraints limit the possibilities for further statutory consultation on a new

proposal. Throughout the process for the unnamed lane at 93-99 Jamieson-Licola Rd, Council Officers have issued 3 proposed names for consultation and the results are summarised below: Date of proposal Proposed name Method of consultation Result 5 April 2016 Lauradale Lane - Local Newspaper

- Facebook - Direct letter

Objections received

31 July 2017 4 November 2017

Lloyd Lane - Local Newspaper - Facebook - Direct letter - Public meeting

Objections received

22 January 2018 Cinnabar Lane - Local Newspaper - Facebook - Direct letter

No objections received

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10.3.2 Naming of an Unnamed Lane: Cinnabar Lane, Jamieson Contd Officer’s Comments The road naming process undertaken by Council Officers follows the statutory requirements under the Local Government Act 1989 and the Naming Rules, and is performed by the Revenue Coordinator under delegation by the CEO. The consultation process around the road has been extensive, with the current recommendation being the third name issued for public consultation. The recommended name, Cinnabar Lane is compliant with the Naming Rules and has a strong historic link to the area. The community consultation process has received no negative feedback regarding the proposed name. Councillors Sladdin/Olver: That: 1. Council resolve to name the unnamed lane at 93-99 Jamieson Licola Road, as

"Cinnabar Lane", Jamieson. 2. The name “Cinnabar Lane” be lodged with the Office of Geographic Names to

be approved by the Registrar, gazetted and added to VICNAMES. Carried

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10.3 EXECUTIVE SERVICES CONT. 10.3.3 Auspice Arrangements Policy File Number: E698 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest The author of this report has declared no conflict of interest in relation to this matter. Introduction The attached Auspice Arrangements Policy is a new policy presented to the Council for adoption. Background Council’s Administration of Grant Income Policy was adopted by Council at its January 2018 meeting. The policy identified the need for consideration of auspice arrangements, which has led to the creation of this Auspice Arrangements Policy. Statutory Requirements There are no statutory requirements in relation to this matter. Council Plan The Auspice Arrangements Policy supports delivery of the Financial Sustainability and Responsible Governance themes in the 2017-21 Council Plan. Financial There is no direct financial impact of this policy. Social There is no social impact of this policy Environmental There is no direct environmental impact of this policy Economic The Policy provides guidance that may allow unincorporated or newly established community groups to access funding they may otherwise have been unable to receive. Auspice arrangements could support community groups in driving their own projects, without requiring significant Council resources and support.

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10.3.3 Auspice Arrangements Policy Contd Risk Management The Policy only allows auspice arrangements to be entered within a framework to mitigate the risk to Council. Enabling community groups to access their own funding and deliver their own projects reduces Council exposure to project risk. Community Engagement There has been no community engagement required in relation to this matter. Officer’s Comments The Auspice Arrangements Policy was presented to the Audit and Risk Committee at the 19 February 2018 meeting and is recommended to Council for adoption. Councillors Attley/Olver: That Council adopt the Auspice Arrangements Policy 2018 as recommended to Council by the Audit and Risk Advisory Committee.

Carried

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ATTACHMENT 10.3.3

AUSPICE ARRANGEMENTS POLICY

(12 PAGES)

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Auspice Arrangements

Department: Finance

First Implemented: 20 March 2018 Effective From: 20 March 2018 Review Date: 31 March 2019 Version: 1 Trim Reference: E698

Origin: Responsible Officer Finance Manager Authorising Officer: For endorsement by Council

Governance Use Only

Action / Status: • To EMT for comment/review: Yes • Staff consultation required: No • Review by Audit & Risk Advisory Committee: Yes • Review by Councillors: Yes • For consideration and endorsement by Council: 20 March 2018

PURPOSE/OBJECTIVE Council has committed to supporting the community to meet their own needs (Council Plan 2017-21: Strategic Objective 3.2) by providing assistance with sourcing funding opportunities. Unincorporated community groups may find it difficult to obtain funding such as grants, because funding bodies generally prefer to deal with an incorporated legal entity rather than a group of individuals. As a result, third party entities may approach Council from time to time requesting auspice agreements. Being an auspicor brings with it responsibilities. Generally, at a minimum, auspicing organisations will need to: • take in grant funding and negotiate the funding agreement

• either provide the funding to the auspicee or arrange for payments to be made as and when required

• provide administrative and operational support to the auspicee, and

• provide information required for grant acquittals. Sometimes auspicing organisations provide access to insurance or premises, and sometimes they require the auspicee to seek their own insurance and provide evidence of this.

Council Policy

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POLICIES AND PROCEDURES: AUSPICE ARRANGEMENTS POLICY: ENDORSED BY COUNCIL ON XXX

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Benefits to Council of providing auspicing arrangements include: • An excellent mechanism to support new projects and diversify activities within the

municipality by empowering community groups to drive and manage new projects themselves.

• A satisfying way in which to promote the objects and purposes of Council while providing mentoring to a less established group.

• Building relationships with new funding providers. Benefits to the auspicee include: • A great opportunity for a group or an individual to benefit from Council’s operational and

administrative support.

• Council may provide the auspicee with certain insurance and legal protection in relation to its activities.

• Especially useful for pilot projects or one-off projects, where the group or individuals may not yet be ready, or may not even need, to incorporate.

• The auspicee can obtain the benefit of Council’s expertise, experience and reputation in order to successfully obtain funding grants and deliver the project.

• Council may broaden the auspicee's network and profile.

• An individual or group may only be eligible for certain funding grants if they have an auspicor.

• Even if a group is incorporated, they may not have a track record of delivering on grants, and therefore can benefit from being auspiced to deliver on their early/first grants.

While there are many benefits, auspicing also introduces risks to Council that must be managed, including • Additional administrative burdens

• Relationship management and communication (with auspicee and also funding body)

• Project management risk, as Council will be responsible and accountable to the funding body for the ultimate delivery and acquittal of the project

• Level of professionalism, resources and expertise of the auspicee to be able to comply with its obligations under the auspicing agreement

The risks described will be managed through an appropriately drafted auspicing agreement, in accordance with the requirements of this policy.

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POLICY STATEMENT The auspicing arrangements policy includes: A. the circumstances under which it is appropriate for Council to enter into an auspice

agreement, B. the Council approval process required to authorise an auspice agreement, and C. guidance for how to create an auspice agreement and the information that should be

included within it. DEFINITIONS Auspice to provide support, sponsorship or guidance Auspicor the incorporated organisation that auspices the group or individual Auspicee the group or individual requiring support SCOPE This policy applies to all Council employees, Councillors, contractors, consultants, volunteers and other authorised personnel of Mansfield Shire Council. RESPONSIBILITIES Overall responsibility for the application of this Policy is held by the Chief Executive Officer. Managers are responsible for ensuring their staff comply with the principles, practices and any associated procedures of this policy. Management, employees, contractors and volunteers are to be familiar with, and competent in, the application of this Policy, and are accountable for the delivery of this policy within their areas of responsibility. The Finance Department is the owner of this policy. Any reviews of this Policy must be made in consultation with the Governance Coordinator and Finance Manager. REFERENCES / RELATED POLICIES Mansfield Shire Council Policy - Administration of Grant Income Justice Connect Auspicing Guide 2014 - https://www.nfplaw.org.au/auspicing IMPLEMENTATION This Policy is effective from XXX.

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https://www.nfplaw.org.au/auspicing


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REVIEW DATE This Policy is to be reviewed by 31 March 2019. AUTHORISATION TO IMPLEMENT POLICY Signed: ______________________ Witnessed: ______________________ Councillor Chief Executive Officer Approval dated: XXX Mansfield Shire Council reserves the right to review, vary or revoke this Policy at any time.

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AUSPICE ARRANGEMENTS PROCEDURES The following procedures are designed to ensure that all decisions relating to this policy are made in a consistent and open manner. A: When is auspicing appropriate? The most common reason for a group or individual to seek to be auspiced is a need to quickly and easily meet grant funding requirements. Grant funding often requires that a recipient is incorporated. While it is possible for a group seeking to run a project to become incorporated this can be a time consuming and expensive process. Where a group or individual only wants to run a short term project, or is exploring a model and wishing to trial an idea before committing to incorporation, auspicing offers a neat solution. Sometimes groups that have already incorporated may also seek to be auspiced. An example is where the funding body wants to see the project group establish a track record of successfully implementing projects before providing direct funding to the group. In that circumstance, the auspice agreement would reflect that the auspicee is a legal entity itself. Circumstances when auspicing should not be considered There are different circumstances in which entering an auspicing relationship is not the appropriate solution for Council to facilitate a project. Long term ambitions Auspice arrangements should only be utilised for short term or one off projects. Where the members of the group that form the auspicee propose to have a long term working relationship, the group should consider whether to incorporate, in which case auspicing is unlikely to be requried. Goals and project aims inconsistent with Council Plan Prior to entering into an auspicing arrangement, Council must carefully consider whether the goals and outcomes of the proposed project are consistent with the Council Plan and other strategies and plans of Council. Complex or risky arrangements Projects that are particularly complex or involve a significant amount of risk or potential liabilities will not be auspiced. A risk assessment of the project must be provided to Council by the auspice, or prepared by Council’s Risk and OHS Coordinator prior to commencement. Any project with a residual risk assessment of High or above should not be auspiced by Council. Commercial arrangements An auspicing relationship is not appropriate for for-profit activities.

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B: Council approval of auspice arrangements Auspice agreements and associated funding agreements must be approved in accordance with the Administration of Grant Funding Policy requirements, which are outlined in the following table:

Total project value ** Approval required ** Unbudgeted capital project more than $200,000

Council

Unbudgeted capital project $200,000 or less

CEO

Unbudgeted operating project more than $50,000

Council

Unbudgeted operating project $50,000 or less

CEO

Budgeted operating or capital project of any amount

Department Manager

** Should the approval categories in the table above differ from the Administration of Grant Funding Policy, the Administration of Grant Funding Policy requirements will prevail. Checklist to complete for Council approval The Administration of Grant Funding Policy requires a full business case to be presented to Council where a resolution is required. The information required in the business case is documented in the Administration of Grant Funding Policy, however where an auspice arrangement is proposed the business case must also include: • Auspicing Agreement: a draft Agreement as agreed with the auspicee, ready for signing

by all relevant parties.

• Ability to Deliver: evidence that the auspicee has the credentials, time and sufficient funding to deliver on the project in the agreed timeframe, and;

• Insurance: confirmation that all types of insurance required are held and extend to everyone and thing involved in the project.

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C: Guidance for creating an auspice agreement Negotiating an auspicing agreement As Council will be a party to funding agreements related to the auspiced project, we will be directly responsible for the obligations which are imposed on us under that document. To manage this risk, Council should ensure that when negotiating an auspicing agreement, effective 'pass through' provisions are included that allow it to pass on or transfer this risk to the auspicee where it is appropriate to do so. Council will need to ensure that the terms of the auspicing agreement are consistent with the terms of the funding agreement/s to ensure that it does not inadvertently breach the funding agreement. Council should ensure that the proposed auspicing agreement does not impose obligations which are contrary to other governing documents, strategic plans and legislation. Council, when negotiating the auspicing agreement, will need to determine the level of support it will provide to the auspicee in relation to the completion of the project. The obligations of Council should be clearly identified in the auspicing agreement so that both parties are aware of the extent to which Council is able to assist the auspicee. Other considerations include: • Insurance • Organisational / administrative support • Office space / project space required • Access to Council premises • OHS inductions or other requirements • Privacy of auspicor / auspicee information • Grant administration responsibilities • Publicity & communication with stakeholders • Intellectual property • OHS • Termination, exit and non-completion clauses Drafting an auspice agreement An auspice agreement may be prepared by either Council, the auspicee or another independent entity as agreed between Council and the auspicee. The attached checklist details the minimum clauses an auspice agreement should include.

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10.3 EXECUTIVE SERVICES CONT. 10.3.4 Fraud Prevention and Control Policy File Number: E698 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest The author of this report has no conflict of interest in this matter. Introduction The Fraud Prevention and Control Policy is due for review and adoption by Council. Background The Fraud Prevention and Control Policy and the associated Fraud Prevention and Control Plan were last reviewed February 2016. The Policy requires a biennial review of both the Policy and the Plan, and thus the Policy and Plan are due for renewal February 2018.

Statutory Requirements The Local Government (Planning and Reporting) Regulations 2014 require Council to report within the Report of Operations in the Annual Report, the date of the current Fraud policy, or reasons why one is not in existence. Council Plan Responsible Leadership, Strategic Objective 5.5: We have a strong framework in place to proactively mitigate risk. Financial There are no direct financial implications in relation to the policy. Social There is no direct social impact of this policy. Environmental There is no direct environmental impact of this policy. Economic There is no direct economic impact of this policy. Risk Management Fraud control is a significant contributor to Council’s risk management framework and strategy.

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10.3.4 Fraud Prevention and Control Policy Contd Community Engagement There has been no community engagement undertaken in relation to this matter. Officer’s Comments The Policy and Plan have been reviewed by the Audit and Risk Advisory Committee at their 19 February 2018 meeting. The only significant change to the Plan is the inclusion of the mandatory reporting requirements imposed by the Integrity and Accountability Legislation Amendment (A Stronger System) Bill 2015. The Bill made changes to section 57 of the Independent Broad-based Anti-corruption Commission Act 2011 (the IBAC Act), most of which came into effect on 1 July 2016. s57 of the IBAC Act now requires the Chief Executive Officer to notify IBAC of all instances of suspected corrupt conduct. The Fraud Prevention and Control Plan has been amended to make reference to this requirement in section 5.1.3 Investigation Process. There are no other significant changes to the Policy or the Plan. Councillors Sladdin/Attley: That Council adopt the revised Fraud Prevention and Control Policy and Fraud Prevention and Control Plan 2018.

Carried

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ATTACHMENT 10.3.4

FRAUD PREVENTION AND CONTROL POLICY

(25 PAGES)

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Fraud Prevention and Control 2018

Responsible Department: Finance

Reviewed: 20 February 2018 Effective From: 15 December 2015 Review Date: 31 December 2019 Version: 4 Trim Reference: E698/E709

Origin: Responsible Officer: Finance Manager Authorising Officer: For endorsement by Council

Governance Use Only Action / Status: • To EMT for comment/review: Yes • Staff consultation required: No • Review by Audit & Risk Advisory Committee: Yes • Reviewed by Councillors: Yes • For endorsement by Council: 20 March 2018

PURPOSE/OBJECTIVES This policy is designed to protect public money and assets and to protect the integrity, security and reputation of the Council, its management and employees and the services it provides to the community. Fraud or the appearance of fraud can lead to financial loss, reputational damage and loss of public confidence in Council’s management of public money and other resources. It is critical that Council has systems and procedures in place to ensure that the risk of impropriety is minimised, and that where instances may occur, there is a prompt and effective response to address the issue. The policy and procedures require Councillors and officers to: • Demonstrate transparency and build integrity into every decision and action; • Develop and maintain evidence based risk registers; • Ensure impartiality of decision making, advice and review; • Provide clarity around responsibility and accountability, including disclosures, conflicts

of interest and reporting; and • Support the approach through tailored education and training. This policy should be read in conjunction with the Fraud Prevention and Control Plan. SCOPE This policy applies to all Mansfield Shire Council employees, Councillors, volunteers and contractors. DEFINITIONS

Council Policy

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FRAUD PREVENTION POLICY: FOR ENDORSEMENT BY COUNCIL ON 20 MARCH 2018

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CEO: Mansfield Shire Council Chief Executive Officer Council: Mansfield Shire Council Corruption: Abuse by a person(s) in a position of trust for personal gain or

an act that is contrary to the interest of Council Fraud: Dishonest or deceptive activity causing actual or potential

financial loss to any person or entity. Fraud Control Plan: A document summarising Council’s fraud risks and associated

action strategies, either in place or in development, to minimise or combat those risks. The control plan is intended to prevent and limit the effects of fraud. It can be found attached to this Policy.

Management: Staff in supervisory positions

Fraud can be committed by internal or external parties, such as employees, Councillors, contractors, consultants, service providers or other member of the public. Some examples of fraud include: • Theft, embezzlement or other misappropriation of funds or assets. • Bribery or kick-backs. • Unlawful and/or unauthorised use of facilities such as telephones, mobile phones,

information technology. • Misuse of Council credit cards and petty cash. • Misuse or unauthorised selling of Council’s intellectual property or data. • False claims for reimbursement. • Misappropriation of cash or credit cards. • Forgery or alteration of documents. • Destruction or concealment of records or assets. • Collusive tendering. • Receipt of tendering inducements. • Unauthorised use of assets, equipment or material. • Electronic fraud. • Payroll fraud. • Human relationships that could bypass internal controls. POLICY STATEMENT Council is committed to protecting its revenue, expenditure and assets from attempts by any person or legal entity, including contractors, agents, intermediaries or employees to gain financial or other benefits by deceit or dishonest conduct.

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Council expects its Councillors, staff and volunteers to maintain a high standard of ethical conduct, particularly with respect to resources, information and authority. Council is expected to conduct its business in a fair and honest manner. All allegations of suspected fraud will be immediately and fully investigated and appropriate action taken as per the relevant code of conduct. RESPONSIBILITIES For the fraud prevention controls to be effective, the responsibility for the policy must not be one staff member or a group of staff members, but must include Council, management, employees and auditors’ functions. Management and employees are to be familiar with, and competent in, the application of this Policy, and are accountable for the delivery of that policy within their areas of responsibility. The Finance Department is the owner of this policy. Any reviews of this Policy must be made in consultation with the Finance Manager. Council Council is a key driver of good governance of the municipality and should be exemplary in relevant operations. It is responsible for setting the highest standards of honesty, accountability and integrity in the provision of services to the community and the management of the organisation. Council will ensure that the CEO has appropriate measures in place to detect and prevent fraud. CEO The CEO has principal responsibility for fraud control to ensure compliance with Standards and Guidelines and appropriate governance structures are in place. The CEO or delegate will immediately investigate any allegations of fraud (reported or otherwise), take legal action and/or report to Council when necessary. If there is suspicion that alleged fraud arises from corrupt conduct, the CEO must report the matter to the Independent Broad-based Anti-corruption Commission (IBAC) pursuant to the mandatory reporting requirements legislated under s57A of the IBAC Act. Management It is management’s responsibility to: • identify risk exposures to corrupt and fraudulent activities. • establish controls and procedures for prevention and detection of such activities. • arrange guidance and instruction to all staff relative to responsibilities and fraud

reporting requirements to be overseen by Human Resources. • maintain effective auditing and reporting on key financial systems. • immediately implement action plans identified in any risk assessments to eliminate or

reduce the fraud risk and report on the outcome of these plans with 12 months of implementation.

• monitor and actively manage excessive outstanding leave of staff.

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Employee/Contractor/Volunteer Employees, Contractors and Volunteers are responsible for: • acting with propriety and the highest standards of ethical behaviour in all Council

activities. • not using their position with the Council to gain personal advantage or to confer undue

advantage, or disadvantage, on any other person or entity. • safeguarding Council funds, assets and intellectual property against theft, mis-use or

improper use. • reporting any suspected fraud. Finance Manager The Finance Manager will prepare, implement and monitor the Fraud Control Plan in consultation with the Executive Management Team and the Audit and Risk Advisory Committee. A copy of the Plan, approved by the Audit and Risk Advisory Committee at its 19 February 2018 meeting, and authorised by the Chief Executive Officer on 23 February 2016, is appended to this Policy. Audit and Risk Advisory Committee This Committee plays a key role in fraud control through providing an independent review of Council’s audit and controls, annual financial statement and review of key policies (as per the Charter). This includes revenue and expenditure, assets and liabilities. External Audit External audit is conducted by the Victoria Auditor General’s Office to verify the Council’s annual reported financial performance. External audits also have a role in the process of achieving fraud control by reviewing internal policies and procedures and testing systems via specific guidelines developed in accordance with relevant Legislation, accounting standards and the Auditor-General’s code of ethics. Internal Audit Internal Audits assist management and, in turn, Council to achieve sound managerial review and control over all Council assets and activities. Internal audits provide an independent and objective assurance and consulting activity, enabling Council to accomplish its objectives by bringing a systematic, disciplined approach to: • evaluating checking and control systems • improving the effectiveness of management and corporate governance.

The main objectives of Internal Audit are to assess and report on whether: • there are sufficient internal controls in place to safeguard the Council’s finances,

assets and integrity of information. • there is adequate compliance with relevant laws/statutes and with Council’s policies

and procedures. • functional areas are being operated efficiently and effectively.

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REFERENCES

• Audit Committees: A Guide to Good Practice for Local Government, January 2011 • Australian Standard AS8001–2008, Fraud and Corruption Control • Australian National Audit Office’s 2011 better practice guide, Fraud Control in

Australian Government Entities • Conflict of Interest: A Guide for Council Staff, October 2011 • Framework for the Development and Review of Council Staff Codes of Conduct,

September 2011 • Local Government Act 1989 • Independent Broad-based Anti-corruption Commission Act 2011 (IBAC Act) • Integrity and Accountability Legislation Amendment Bill 2015 • Mansfield Shire Council Employee Code of Conduct • Mansfield Shire Fraud Prevention and Control Plan 2018 • Mansfield Shire Council Procurement Policy and associated Procedures • Mansfield Shire Council Protected Disclosure Policy • Mansfield Shire Councillors’ Code of Conduct • Mansfield Shire Audit and Risk Advisory Committee Charter • Mansfield Shire Risk Management Strategy • Protected Disclosure Act 2012 IMPLEMENTATION This policy is effective from 15 December 2015. It was further reviewed on 20 March February 2018, including the approved Fraud Prevention and Control Plan 2018. REVIEW DATE This Policy is to be reviewed by 31 December 2019. Council reserves the right to review, vary or revoke this Policy at any time. AUTHORISATION TO IMPLEMENT POLICY Signed: ______________________ Witnessed: ______________________

Councillor Chief Executive Officer Approval dated: XXX

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Fraud Prevention and Control Plan 2018

Approved by the Mansfield Shire Audit and Risk Advisory Committee on 22 February 2016

For endorsement by Council on 20 March 2018

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Mansfield Shire Council Fraud Prevention and Control Plan 2016

CONTENTS

1. PURPOSE ............................................................................................................................... 3

2. OUTCOMES ............................................................................................................................ 3

3. FRAUD PREVENTION ............................................................................................................ 4

3.1 Documenting and communicating Council’s stance on fraud .................................. 4 3.1.1 Codes of Conduct ............................................................................................... 4 3.1.2 Pre-employment screening ................................................................................. 4 3.1.3 Annual leave ....................................................................................................... 5 3.1.4 Conduct principles and Conflict of Interest .......................................................... 5

3.2 Fraud Risk Assessments ............................................................................................. 6 3.2.1 Risk Management Framework principles ............................................................ 6 3.2.2 Consideration of fraud risk .................................................................................. 6 3.2.3 Implementation of actions ................................................................................... 7 3.2.4 Review of Fraud Control arrangements .............................................................. 7

3.3 Fraud Training .............................................................................................................. 7

4. FRAUD DETECTION ............................................................................................................... 8

4.1 Internal Controls ........................................................................................................... 8

4.2 Key areas of fraud risk and prevention/detection measures in place ....................... 8

5. FRAUD RESPONSE ............................................................................................................... 8

5.1 Procedures for Reporting and Investigating Fraud .................................................... 8 5.1.1 Reporting of suspected fraud .............................................................................. 8 5.1.2 Protection of employees reporting suspected fraud ............................................ 9 5.1.3 Investigation processes ...................................................................................... 9

6. ROLES AND RESPONSIBILITIES ........................................................................................ 13

6.1 Roles and Responsibilities within Council ............................................................... 13

7. DEFINITIONS ........................................................................................................................ 15

8. REFERENCES AND RELATED INFORMATION .................................................................. 16

8.1 References .................................................................................................................. 16

8.2 Related Materials ........................................................................................................ 16

9. REVIEW DATE ...................................................................................................................... 17

10. AUTHORISATION TO IMPLEMENT PLAN ........................................................................... 17

APPENDIX A - KEY AREAS OF FRAUD RISK AND INTERNAL CONTROLS ........................... 18

APPENDIX B - EXAMPLES OF FRAUD ...................................................................................... 19

APPENDIX C - FRAUD SIGNALS ................................................................................................ 20

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1. PURPOSE Fraud is a serious crime that affects all large organisations. It can be perpetrated by individuals both within Mansfield Shire Council (Council) and by people that Council has dealings with. Fraud can: • erode our stakeholders’ confidence in Council • deprive our community of their resources • reduce the effectiveness of Council assets and equipment • harm our clients • damage staff morale and wellbeing • damage Council’s reputation • waste resources through the fraud as well as the time and effort spent dealing with its

consequences It is critical that Council has systems and procedures in place to ensure that the risk of impropriety is minimised as far possible, and that where instances may occur, there is a prompt and effective response to them. The Fraud Prevention and Control Policy and this document: • demonstrates transparency and builds integrity into every decision and action • develops and maintains evidence based risk registers • ensures impartiality of decision making, advice and review • provides clarity around responsibility and accountability, including disclosures, conflicts of

interest and reporting • supports the approach through tailored education and training.

In line with Council’s approach to good corporate governance, Council has an obligation to provide good stewardship of its expenditure and assets. The purpose of this document is to formalise and communicate Council’s fraud control plan for preventing, detecting and responding appropriately to alleged fraudulent behaviour. The Fraud Prevention and Control Plan applies to all Mansfield Shire Council employees, Councillors, volunteers and contractors.

2. OUTCOMES This Plan should be read in conjunction with Council’s Fraud Prevention and Control Policy 2018. The primary focus of this Plan is to develop awareness of fraud amongst Council staff and parties who deal with Council. This Plan also aims to inform: • Fraud prevention – initiatives to deter and minimise the opportunity for fraud • Fraud detection – initiatives to detect fraud as soon as possible after it occurs (also includes

identifying and eliminating weaknesses in controls that could allow fraud to be perpetrated) • Fraud Response – initiatives to appropriately and effectively deal with detected or

suspected fraud. This includes reporting of fraud and assessment and investigation: how Council will handle allegations/ suspicions of fraud including the assessment of allegations, establishment of investigations and options for resolution of incidents such as referral to the Victorian Police, and when and how to initiate recovery action.

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3. FRAUD PREVENTION The most effective control against fraud is a well-informed workforce, prepared to disclose corrupt behaviour. Council’s Employee Code of Conduct encourages staff to report all incidents of suspected corrupt conduct (including fraud), misconduct, serious mismanagement or substantial waste of public resources. Fraud prevention mechanisms employed by Council will comprise of: • documenting and communicating Council’s stance on fraud and its expectations around

fraud management through Council’s Fraud Prevention and Control Framework. • undertaking a Fraud Risk Assessment to identify fraud risks within the organisation and

implementing controls to minimise the risk of fraud e.g. segregation of duties, reconciliation etc. The Fraud Risk Assessment will be conducted biennially by the Finance Manager in conjunction with each Department Managers.

• fraud management education: through a range of training and document dissemination programs to foster fraud awareness, eg, in-house or online training and Council’s intranet.

3.1 Documenting and communicating Council’s stance on fraud

Appropriate management procedures are an important element in fraud prevention and control. Key elements include appropriate screening of prospective employees, monitoring of annual leave balances and segregation of incompatible duties.

3.1.1 Codes of Conduct

3.1.1.2 Employee Code of Conduct Council’s Employee Code of Conduct includes provisions relating to conflict of interest, gifts and hospitality, ethical purchasing and external employment.

3.1.1.3 Councillor Code of Conduct

The Councillor Code of Conduct recognises the importance of Councillors maintaining the highest levels of integrity and ethical behaviour. It is used to guide the behaviour of Councillors and provide a mechanism for accountability on issues of good governance.

3.1.2 Pre-employment screening

It is important that relevant checks are carried out on all new employees before an appointment is made. Council’s Recruitment and Selection Policy and Procedure requires a reference check to be completed for the preferred applicant to a position. Guidance on the reference checking process is available in Council’s Recruitment and Selection Policy, together with a Reference Check Template to record the outcomes of the reference check. All job offers are provisional based on the satisfactory completion of screening checks which may include one or more of the following:

1. Medical Check 2. Police Check 3. Pre-existing injury form 4. Capacity testing if required 5. Working with Children Check (required for roles where there is unsupervised

contact with children) 6. Provision of evidence of any prerequisite qualifications. 7. A bankruptcy check may be required for applicants applying for senior financial

positions.

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All of the above documentation is to be saved in hard copy on the relevant personnel file. Positions required by legislation to have a mandatory security check include; child care workers, home care workers, maintenance employees who attend to the elderly, employees who provide direct services with children, employees required to enter the premises of any response, and youth workers. Other positions requiring a security check as defined by Council are; finance employees, employees who handle money, employees who have access to Council property (eg, master keys to major buildings, including cleaners), and employees who have sole responsibility for an offsite facility.

3.1.3 Annual leave

Where fraud occurs, it can sometimes be associated with a pattern of the employee not taking annual leave. It is therefore important that annual leave levels are monitored and employees take leave on a regular basis. Measures in place to monitor leave balances include management access and review of leave records and balances of all their employees through the Employee Self Service (ESS) system, and quarterly reporting of employees with excessive leave outstanding by EMT and managers. Council stipulates that employees must not accrue more than eight weeks (prorata) annual leave.

3.1.4 Conduct principles and Conflict of Interest

3.1.4.1 Statutory requirements

The Local Government Act 1989 (“the Act”) contains provisions relating to the conduct and interests of Councillors, members of Council special committees, the Audit and Risk Advisory Committee and members of Council staff. These provisions cover: a) principles of conduct and code of conduct for Councillors (sections 76B,

76BA and 76C); b) misuse of position by Councillors, members of Council special

committees and the Audit Committee (section 76D); c) improper direction and improper influence (section 76E); d) treatment of confidential information (section 77); e) conduct principles and code of conduct for members of Council staff

(sections 95 and 95AA); f) disclosure of conflicts of interest and the register of interests applying to

Councillors, members of Council special committees, the Audit Committee and members of Council staff (sections 77A to 81); and

g) the Audit Committee even though it is an advisory committee (refer to section 139({4} of the Act).

3.1.4.2 Conflicts of Interest

A conflict of interest is a situation where there is potential that a Councillor, member of a special committee, the Audit and Risk Advisory Committee or an employee can be seen to influence a decision or action of the Council or its employees to gain benefit for themselves and/or a third party. A potential for a conflict of interest may also exist due to the business activities of a partner, relative or friend, where there may be a perceived interest. Acting

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inappropriately where a conflict of interest exists may constitute fraudulent behaviour. The Act deals extensively with conflicts of interest and imposes specific obligations on Councillors, members of Council special committees, the Audit and Risk Advisory Committee, members of Council staff and contractors engaged to provide advice or services to the Council. Under the Act, a conflict of interest arises if a ‘relevant person’ has a ‘direct interest’ (as defined in the Act) or an ‘indirect interest’ (as defined in the Act) in a matter. A person has a ‘direct interest’ in a matter if there is a reasonable likelihood that the benefits, obligations, opportunities or circumstances of the person would be directly altered if the matter is decided in a particular way. A person has an ‘indirect interest’ in a matter if the person has:

a) an indirect interest by close association b) an indirect financial interest c) an indirect interest because of conflicting duties d) an indirect interest because the person has received an applicable gift e) an indirect interest because the person has become an interested party to

civil proceedings. The full legislative definitions of ‘direct interest’ and the five types of ‘indirect interest’ are available to officers on Council’s Intranet. The onus is on the Councillor, member of a Council special committee, the Audit and Risk Advisory Committee, member of Council staff or contractor involved being alert to and promptly declaring a direct or indirect interest in the matter. Advice can be sought from the Corporate and Organisational Development Manager.

3.2 Fraud Risk Assessments

3.2.1 Risk Management Framework principles

The Risk Management Policy and Strategy sets out key elements to be employed by all employees, contractors, committees and volunteers engaged in Council business and it defines the responsibilities of individuals and committees involved in the risk management process. The Framework provides that processes will be undertaken to identify, evaluate and treat risks across the organisation, and to develop and monitor risk treatment plans. In order to make effective use of the resources available, and in recognising that not all risks can be immediately addressed, the actions to address risk will be based on assessed priorities.

3.2.2 Consideration of fraud risk

Fraud risks are to be assessed within the context of the Risk Management Policy and Strategy as one element of the organisation’s risk focus. By its nature, and without consideration of mitigating factors that may be in place, fraud will generally be considered a high risk due to its potential impact on Council’s financial position and reputation.

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Formal fraud risk assessments will be conducted every second year, with the results to form part of Council’s existing risk management framework and be incorporated into Council’s risk register. More detailed information on the performance of risk assessments is included within the Risk Management Procedure that forms part of the overall Framework. This procedure is based on AS/NZS ISO 31000:2009 - Risk Management – Principles and guidelines.

3.2.3 Implementation of actions

The results of risk assessments undertaken and subsequent actions required are documented in Council’s risk register. This provides a mechanism for tracking of risks and resulting activity.

Actions relating to fraud risks that have a ‘High’ residual risk rating will be reported to EMT to monitor the progress of activity against those actions.

3.2.4 Review of Fraud Control arrangements

3.2.4.1 Review of controls in context of fraud investigation

In the event of a fraud occurring, the CEO or delegate will, as part of the investigation of that fraud, review the reasons for any failure of internal controls and recommend improvements to systems and controls to prevent future occurrences.

3.2.4.2 Review of risk assessments and actions

Risk assessments relating to fraud and resultant actions will be reviewed biennially by each Department as part of Council’s risk management process. This review should consider the effectiveness of any actions undertaken and introduce changes to activities where required.

3.2.4.3 Review of fraud prevention and control strategy

Fraud control is an area where there is continual discussion and innovation. The measures included within this Plan will be reviewed on a regular basis to ensure they are continually improved where possible, in order for the Plan to remain appropriate to Council’s needs.

A formal review of this Plan will take place every two years, to be coordinated by the Finance Manager.

3.3 Fraud Training

Appropriate training will be provided at all levels to ensure that management and employees are aware of their various responsibilities in regard to fraud control. This will be done through: • providing new employees with induction training which includes fraud awareness and

code of conduct elements • training relevant Finance staff in policies and procedures for write-off, recovery, losses

and deficiencies • inclusion of this Framework on the intranet and within relevant employee material (e.g.

induction program) • other targeted training as required

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Training will be co-ordinated by the Finance Manager in conjunction with the Corporate and Organisational Development Manager.

4. FRAUD DETECTION Fraud detection programs will comprise: • Encouragement of reporting of suspected fraud from staff, stakeholders, partners, suppliers

and members of the public through confidential reporting mechanisms • Conducting annual reviews of Council’s control environment, including ongoing review of the

risk register and delivery of the audit program. • Established effective accounting and system controls (including audit logging) that minimises

the risk of fraud, and maximises the chances of early detection should it occur. 4.1 Internal Controls

Adequate internal control systems are critical for preventing and detecting frauds.

The internal control structure in relation to corruption and fraud control includes:

• leadership support from the CEO, the EMT and Audit and Risk Advisory Committee • policies and procedures a work culture that does not tolerate corrupt conduct or

fraudulent activities • an internal audit program.

4.2 Key areas of fraud risk and prevention/detection measures in place

Based on consideration of Councils activities and results from risk management work previously undertaken the key areas within Council’s operations that must be considered when assessing the risk of fraud are listed below. Appendix A contains details of some of the key internal controls that are currently in place in each of these areas:

a) IT and information security b) purchasing and payments processing c) tendering and contract management processes d) collection of revenue e) reimbursement of employee and Councillor expenditure f) salaries and payroll related expenditure g) EFT processing h) property and other physical assets i) petty cash j) pre-employment screening

5. FRAUD RESPONSE 5.1 Procedures for Reporting and Investigating Fraud

5.1.1 Reporting of suspected fraud Any employee who has knowledge of an occurrence of fraud, or has reason to suspect that a fraud has occurred, has a duty to raise that matter immediately. The matter should be raised with their Line Manager or Supervisor then subsequently their Departmental Manager. It can also be raised with the Corporate and Organisational Development Manager. If the employee wishes to make a disclosure in accordance

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with the Protected Disclosure Act 2012, the disclosure will be made to the Corporate and Organisational Development Manager in the role of Council’s Protected Disclosure Officer.

If an employee has reason to believe that their Line Manager or Departmental Manager or Corporate and Organisational Development Manager may be involved in a fraud, then they may alternatively raise the matter with the CEO. If an employee suspects fraudulent activity involving the Chief Executive Officer has occurred, the matter should be reported directly to the Corporate and Organisational Development Manager.

The employee should not attempt to investigate the suspected fraud or discuss the matter with anyone other than as stated in this section.

5.1.2 Protection of employees reporting suspected fraud

No individual reporting suspected fraud or otherwise participating in the investigation of fraud will be discriminated against.

An employee seeking to disclose a suspected fraud can avail themselves of the Protected Disclosure Act 2012 (PDA) which covers the disclosure of improper conduct by employees, Councillors or the Council. This Act relates to improper conduct serious enough to constitute a criminal offence or reasonable grounds for dismissal.

Detailed procedures relating to the PDA exist and must be followed if an employee wishes to raise a suspected fraud under the provisions of this Act. The reporting structure, investigation procedures and employee responsibilities under the Act are included in the Mansfield Shire Protected Disclosure Policy available via Council’s intranet or from the Corporate and Organisational Development Manager.

5.1.3 Investigation processes

The investigation of suspected fraud will be performed on a timely basis, and in a methodical and comprehensive manner. Within 72 hours of being advised, the Fraud Investigation Team consisting of the CEO, Human Resource Manager (Fraud Control Officer) and Departmental Manager will impartially assess the fraud allegation, to determine whether it warrants further investigation.

The initial assessment will be based on the following criteria:

a) does the disclosure relate to the conduct of a Council employee? b) is the alleged conduct improper? c) does the person making the disclosure have reasonable grounds for believing the

alleged conduct has occurred? Confidentiality of the information and the identity of the employee making the allegation of suspected fraud will be maintained.

If it is decided that further investigation is warranted, the FIT will perform an initial review based on the principles of:

a) financial impact b) impact on Council’s reputation c) legal exposures d) risks to health and safety

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Care will be taken to ensure that procedures are fair and a decision is reached by an objective decision maker. Maintaining procedural fairness protects the rights of individuals involved in the process. Following consideration of all evidence and information, the Fraud Investigation Team will determine whether an external investigation will follow. The FIT will determine how and by whom the investigation will be conducted and whether the Victoria Police, Councils Insurers and or any other external assistance (eg. internal auditors, external investigators etc.) will be utilised.

The purposes of the fraud investigation are to:

a) determine if in fact a fraud has been committed b) identify the person(s) responsible for the fraud c) quantify the extent and financial consequences of the fraud d) identify how long the fraud has been occurring and the reasons for the failure of

internal controls e) provide recommendations to improve systems and controls to prevent future

occurrences.

The following protocols shall apply if a fraud is suspected: Record security – The Departmental Manager will take action to prevent the theft, alteration, or destruction of records that may be relevant to the investigation. Personnel actions – If the occurrence of fraud is substantiated by the audit investigation, disciplinary action will be taken in accordance with Council’s Employee Code of Conduct. Confidentiality – All participants in a fraud investigation will keep the details and results of the investigation confidential except as expressly provided in this document. Reprisals – No individual reporting suspected fraud or otherwise participating in the investigation of fraud will be discriminated against. Media issues – There will be no discussion of a suspected fraud and subsequent investigation with the media other than through the CEO. Contributors - The fraud investigation procedure will consider all realistic contributors and their contributions will be assessed and documented. Issues addressed will include accountabilities, training/awareness, risk assessment/control. Remedial actions will be put into place to prevent recurrence and noted in Council’s Risk Register. Reporting - If there is suspicion that a crime has been committed then the Police will be involved at the earliest opportunity. If there is suspicion that the alleged fraud arises from corrupt conduct, the CEO will report the matter to the Independent Broad-based Anti-corruption Commission (IBAC) pursuant to the mandatory reporting requirements legislated under s57A of the IBAC Act. Council will fully cooperate with any investigation of fraud undertaken by law enforcement or regulatory authorities.

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Specific procedures apply for following up disclosures made under the Protected Disclosure Act 2012. These procedures are detailed in the Mansfield Shire Protected Disclosure Policy published on Council’s internet website. The process of assessing whether a disclosure relating to a suspected fraud is a ‘protected disclosure’ and a ‘public interest disclosure’ will be expedited and assistance of the office of the Independent Broad-based Anti-corruption Commission or the Ombudsman Victoria will be sought to expedite any investigation which arises.

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Figure I below depicts the flowchart of the fraud reporting and investigation process. Figure I - Flowchart of Assessment and Referral Process

Fraud allegation made

Reasonable grounds? (Make decision within 72 hours

of receipt).

YES

NO Respond as normal

complaint

Reported fraud deemed to warrant investigation

Investigation

Actions taken by Management:

• Prevent reoccurrence • Remedy harm • Disciplinary proceedings

Monitored by Audit and Risk Advisory Committee

Outcome reviewed by EMT

Investigation may be referred to Police or other prescribed body

Advise Audit and Risk Advisory Committee where allegation is

substantiated.

NO Respond as normal

complaint

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6. ROLES AND RESPONSIBILITIES In keeping with Council’s policy of zero tolerance of fraud, all Councillors and staff need to be aware of their responsibility to engender and develop the highest standards of integrity and promote an ethical workplace culture. Listed below are the responsibilities for fraud and corruption management: 6.1 Roles and Responsibilities within Council

While the prevention of fraud is ultimately the responsibility of all Council employees, specific roles exist for different parts of Council’s approach to fraud prevention.

All employees should be aware of their roles in relation to fraud prevention and control, which are set out below. Responsibilities relating more generally to risk management as a whole are set out in Council’s Risk Management Strategy.

Responsibility for the overall coordination of fraud process across Council has been assigned to the Finance Manager.

Role Responsibilities Chief Executive Officer

• The CEO has principal responsibility for fraud control to ensure compliance with Standards and Guidelines and appropriate governance structures are in place.

• Member of the Fraud Investigation Team. • Ensure legal action is taken and/or report to Council when necessary.

Council • Council is the key driver of good governance of the municipality and should be exemplary in relevant operations.

• It is responsible for setting the highest standards of honesty, accountability, and integrity in the provision of services to the community and the management of the organisation.

• Council will ensure that the CEO has appropriate measures in place to detect and prevent fraud.

Councillors • Adhere to the Local Government Act 1989. • Adhere to the Councillors Code of conduct. • Abide by these when:

o considering reports o making decisions o scrutinising Council’s activities.

• Councillors will support all policies and measures to deter, detect, identify, report, investigate, and action suspected instances of fraud and corruption.

Fraud Investigation Team

• CEO, Human Resource Manager (Fraud Control Officer) and relevant Departmental Manager.

• Immediately investigate any allegations of fraud (reported or otherwise), to determine whether it warrants further investigation.

Fraud Control Officer

• Point of contact for Fraud Control investigations. • Member of the Fraud Investigation Team.

Audit and Risk Advisory Committee

• The Audit and Risk Advisory Committee plays a key role in fraud control through providing an independent review of councils audit and controls, annual financial statement and review of key policies (as per the Charter).

• This includes revenue and expenditure, assets and liabilities.

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Role Responsibilities Management It is management’s responsibility to:

• identify risk exposures to corrupt and fraudulent activities • establish controls and procedures for prevention and detection of such

activities. • arrange guidance and instruction to all staff relative to responsibilities and

fraud reporting requirements to be overseen by Finance and Information Services.

• maintain effective auditing and reporting on key financial systems. • immediately implement action plans identified in any risk assessments to

eliminate or reduce the fraud risk and report on the outcome of these plans within 12 months of implementation.

• monitor and actively manage excessive outstanding leave of staff.

Finance Manager

• Overseeing the implementation of Council’s Fraud Prevention and Control Policy.

• Biennial review of Fraud Prevention and Control Policy & Fraud Control Plan.

• coordinating fraud control activities within Council as part of the overall risk management function.

• participation and communication with EMT and the Audit and Risk Advisory Committee regarding implementation of the policy.

Employees/ Contractors/ Volunteers

Employees, contractors and volunteers are responsible for: • acting with proprietary and the highest standards of ethical behaviour in all

Council activities • not using their position with the Council to gain personal advantage or to

confer undue advantage, or disadvantage, on any other person or entity • safeguarding Council funds, assets and intellectual property against theft,

misuse or improper use • reporting any suspected fraud.

Internal audit Internal audit assists management and in turn Council to achieve sound managerial review and control over all Council assets and activities. Internal Audit provides an independent and objective assurance and consulting activity, enabling Council to accomplish its objectives by bringing a systematic, disciplined approach to: • evaluating and checking control systems • improving the effectiveness of management and corporate governance. The main objectives of Internal audit are to report on whether: • there are sufficient internal controls in place to safeguard Council’s

finances, assets and integrity of information • there is adequate compliance with relevant laws / statutes and with

Councils policies and procedures • functional areas are being operated efficiently and effectively.

External audit • External audit is conducted by the Victorian Auditor General’s Office (VAGO) to verify Council’s annual reported financial performance.

• External Audits also have a role in the process of achieving fraud control by reviewing internal policies and procedures and testing systems via specific guidelines developed in accordance with relevant Legislation, Accounting Standards, and the Auditor-Generals code of ethics.

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7. DEFINITIONS Term Definition/ description Conflict of interest A conflict of interest is a situation where there is potential that a

Councillor, member of a special committee, the Audit and Risk Advisory Committee or an employee can be seen to influence a decision or action of the Council or its employees to gain benefit for themselves and/or a third party. A potential for a conflict of interest may also exist due to the business activities of a partner, relative or friend, where there may be a perceived interest. Acting inappropriately where a conflict of interest exists may constitute fraudulent behaviour.

Corruption Dishonest activity in which a Manager, employee or contractor of an entity acts contrary to the interests of the entity and abuses his/her position of trust in order to achieve some personal gain or advantage for him or herself or for another person or entity. Corruption is any conduct that is improper, immoral or fraudulent. Corruption is defined in the Independent Broad-based Anti-corruption Commission Act 2011 as behaviour by a public officer that: • adversely affects the honest performance of their functions • constitutes or involves the dishonest performance of their

functions • knowingly or recklessly breaches public trust • involves the misuse of information or material acquired in the

course of the performance of their role or function, whether or not for the benefit of the public body or person

• who conspires or attempts to engage in the above corrupt activity.

Examples of acts of Corruption committed against the Council, include (however are not limited to) the following: • disclosing tender bids to competing tenderers before a tender

closes. • accepting payments to make planning decisions in a particular

way. • providing family and close friends with preferences.

Fraud Dishonest activity causing actual or potential financial loss to any person or entity including theft of monies or other property by Council officers or persons external to the entity and whether or not deception is used at the time, immediately before or immediately following the activity. This also includes the deliberate falsification, concealment, destruction or use of falsified documentation used or intended for use for a normal business purpose or the improper use of information or position.

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Term Definition/ description Fraud (cont.) Examples of acts of fraud committed against the Council, include

(however are not limited to) the following: • non recording and theft of Council takings • purchasing of personal items using Council funds • payment for hours not worked or unauthorised / inappropriate

increases in pay rates • deliberate omission of leave applications for leave taken • duplicate submission of petty cash claims • use of Council assets for private purposes • using Council suppliers in exchange for personal benefit directly

or indirectly • writing off debtors / permit fees for personal cash gain • unlawful use of council computers, vehicles, telephones or other

property or services. 8. REFERENCES AND RELATED INFORMATION 8.1 References

• Australian Standard on Fraud Control and Corruption Control (AS 8001: 2008) • AS/NZS/ISO 31000:2009, Risk Management Principles and Guidelines • AS 8000:2003, Good Governance Principles • HB 254:2005, Governance, Risk Management and Control Assurance • Local Government Act 1989 inc. s.78 Pecuniary Interests • Trade Practices Act 1974 • Protected Disclosure Act 2012 • Independent Broad-based Anti-corruption Commission Act 2011 (IBAC Act) • Integrity and Accountability Legislation Amendment Bill 2015 • Mansfield Shire Council Plan 2017-2021

8.2 Related Materials

This document must be read in conjunction with the following related material:

• Mansfield Shire Fraud Prevention and Control Policy • Mansfield Shire Risk Management Policy and Strategy • Mansfield Shire Councillor Code of Conduct and Councillor Charter • Mansfield Shire Employee Code of Conduct • Mansfield Shire Protected Disclosure Policy • Mansfield Shire Gifts, Benefits and Hospitality Policy • Mansfield Shire Procurement Policy • Media and Communications Policy

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9. REVIEW DATE This Plan is to be reviewed by 31 December 2019 and should be reviewed in conjunction with Council’s Fraud Prevention and Control Policy 2018. 10. AUTHORISATION TO IMPLEMENT PLAN This Plan was approved in principle by the Mansfield Shire Audit and Risk Advisory Committee at its meeting of 22 February 2016. This Policy was endorsed by Council at its meeting of 20 March 2018 Signed: ___________________________ Witnessed: ___________________________

Councillor Chief Executive Officer Approval dated:

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Appendix A - Key Areas of Fraud Risk and Internal Controls Key areas Fraud prevention/control measures in place IT and information security

• Internal audit review and consideration of specific key applications within 3-year audit cycle

• External audit consideration of IT and information security as part of overall control environment

• Regular independent review of key financial system security aspects

Purchasing and payments processing

• Clear purchasing processes in place • Authorisation limits allocated to employees and recorded on

financial system • Sound controls over payment processing and authorisation • Budget management and regular review and reporting of actual

vs. budgeted expenditure • Internal audit review of purchasing and payments within 3-year

audit cycle Tendering and contract management processes

• Tendering procedures in place and coordinated by Finance Department

• Finance Department to be involved in checking of tender processes to ensure probity of processes

• Internal audit review of tender evaluation and documentation within 3-year audit cycle

Collection of revenue

• Revenue reconciliations in place • Controls in place to extent possible at locations where payments

are made • Internal audit review of revenue collection within 3-year audit

cycle Reimbursement of employee and Councillor expenditure

• Payment processing controls in place as described above • Councillor Expenses and Resources Guidelines exists which

provides for internal audit of guideline compliance

Salaries and payroll-related expenditure (e.g. allowances)

• Payroll independently reviewed each fortnight • Restricted system access to payroll functions • Internal audit review of payroll within 3-year audit cycle

EFT processing • Controls in place to minimise access to files generated by payroll and finance systems

• EFT payments approved by two signatories within established security levels

Property and other physical assets

• Registers of minor equipment exist and are being further developed, with stock takes to be performed against asset registers

Petty cash • All Petty Cash Custodians are required to undertake a police check

• Controls and procedures are in place to mitigate fraud • All expenditure over $50 requires authorisation by Finance

Security Checks • Security Checks to be undertaken in accordance with Council’s Recruitment and Selection Policy and Procedure.

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Appendix B - Examples of Fraud Fraudulent activities may include but are not limited to: • unauthorised private use of motor vehicles or other Council assets • using client money for private benefit • inappropriately manipulating allowance payments • falsifying travel claims or cab charge vouchers • falsifying timesheets • conspiring unfairly with others to get a tender • running a private business in working hours • stealing equipment or supplies from work • accepting bribes or favours to process a licence that does not meet licensing requirements • accepting bribes or favours for turning a blind eye to a service provider who does not provide

an appropriate service • as a contractor, sending false invoices • as an employee of a service provider:

o failing to send bills for services provided to clients who are relatives or friends. o misappropriating fees received from clients, and avoiding detection by not issuing receipts

to those clients. • disclosing confidential and proprietary information to outside parties • accepting or seeking anything of material value from contractors, vendors, or persons

providing services/materials to Council. (Council’s Gifts, Benefits and Hospitality Policy delineates Token gifts as gifts of a nominal value ($50 or less) that are infrequently offered)

• destruction, removal, or inappropriate use of records, furniture, fixtures, and equipment

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Appendix C - Fraud Signals Managers and staff should be alert to the common signs of fraud. Signals for potential fraud include: • illogical excuses and reasons for unusual events or actions • senior staff involved in routine process work such as purchasing, ordering and receiving of

goods • staff evidently living beyond their means, who have access to funds or control or influence

over service providers • excessive staff turnover • staff who do not take holidays for extended periods • potential conflicts of interest not declared • excessive number of duties (e.g. both processing and approving the same transaction)

residing with one person • undue secrecy, or excluding people from available information • staff who treat controls and standard practice as challenges to be overcome or defied • evidence of failure to conduct reference checks on staff prior to employment • unauthorised changes to systems or work practices • missing documentation relating to client or agency financial transactions • “blind approval,” where the person signing does not sight supporting documentation • duplicates only of invoices • alterations of documents such as day books, log books and time sheets.

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10.4 ENGINEERING & WORKS 10.4.1 Special Charge Scheme – Intention to Declare - New Street (South),

Mansfield File Number: E5251 Responsible Officer: Senior Civil Engineer, Paul Valente Disclosure of Conflicts of Interest The author of this report has no conflict of interest to declare in relation to this item. Introduction This report provides details for the proposed implementation of a Special Charge Scheme for the construction of New Street (south), Mansfield. This report recommends that Council resolve its intention to declare the special charge scheme for the full road construction of New Street (South), Mansfield from Ailsa Street to the end of road. This will commence the statutory consultation process for this project. Background As part of its program to upgrade the road safety and amenity its road network, in 2010 Council conducted a general survey of potential areas that could benefit from a special charge scheme for road construction, with New Street (south) having a positive response from residents. Council included the construction of New Street in the 2016-2017 capital works program and the special charge scheme process was initiated. A concurrent application for an 11 lot subdivision at 15-19 Hunter Street was lodged with Council that proposed 8 of the subject lots gaining access through New Street. Several residents formally objected to the proposed subdivision. Consequently, the developer at 15-19 Hunter Street deferred the application so that the special charge process could proceed. Council included the proposed subdivision as a potential beneficiary and imposed per lot contributions for the 8 lots accessing New Street. On the 16 July 2016, Council resolved its Intention to Declare a Special Charge Scheme for New Street (south). Several submissions of objection were received from residents that related primarily to the inclusion of the proposed 11 lot subdivision in the scheme. Given the ambiguity surrounding the presence of the proposed but unapproved subdivision in the special charge scheme, the scheme was cancelled at the September 2016 Council meeting.

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10.4.1 Special Charge Scheme – Intention to Declare - New Street (South), Mansfield Contd

The 11 lot subdivision at 15-19 Hunter Street has since been granted a planning permit on 19 January 2017. A condition has been applied to the permit as follows;

Prior to the issue of a Statement of Compliance for Stage 2 the developer shall provide a cash contribution of $42,400 (indexed on a yearly basis in accordance with the Bureau of Infrastructure, Transport and Regional Economics Road Construction and Maintenance Price Index) for the upgrade of New Street (from Ailsa Street to the proposed internal road) to a 7m wide sealed pavement.

This contribution is yet to be paid and no construction has commenced for stage 2 of the subdivision. An aerial image of the proposed works location is shown below.

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Surveys An initial survey of residents has not been completed in this instance due to there being no change in property owner details and previous positive support for the project. The initial survey in 2016 outlined a project estimate of $190,800 with an estimated property owner contribution of $5,300 per benefiting lot. This estimate included the 8 lots in the proposed subdivision, totalling in 18 benefiting lots. Below is an outline of the previous survey results. Of the 11 property owners considered to gain benefit from the project, 6 landowners were in favour and 1 opposed and 3 did not submit a response. At the time of the survey, the property owner that was opposed to the scheme indicated that they had already paid a contribution to Council for the construction of kerb and channel and footpath in New Street when their property was sub-divided in 2010. Council officers sought information in regards to the contribution payment which was paid on 30 March 2010 for the amount $2,011.20 and it was found that at the time of the sub division that this payment was considered adequate to cover the property owner contribution for the future works. As a result, it is recommended that this property owner be removed from being liable to pay any additional contribution towards the scheme. Since 2016, the project estimate has been revised to reflect current project costing’s and market rates. The project estimate is $209,000 with a 50/50 split between Council and residents. The table below outlines the estimated property owner contributions. A8787 – 2/18 New Street, Mansfield has been removed from the apportionment.

Assessment No. Lot No. Other Original Estimate

A8786 - 16 New Street, Mansfield Lot 2 PS 31167 $5,500

A8787 – 2/18 New Street, Mansfield Lot 2 PS 634530 $0.00



A8780 - 9 New Street, Mansfield Lot 8 LP 31166 $5,500

A18756 – 1/18 New Street, Mansfield Lot 1 PS 634530 $5,500

Description Responses % of Total

No. of Residents - Did Not Respond 3 33%

No. of Residents - Not in Favour 1 11%

No. of Residents - in Favour 6 66%

Total No. Of Residents 11 100%

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Assessment No. Lot No. Other Original Estimate



A7843 - 22 Ailsa Street, Mansfield Lot 4 LP 31166 $5,500

A7842 - 20 Ailsa Street, Mansfield Lot 1 TP 250768 $5,500

A8453 - 15-19 Hunter Street, Mansfield (proposed lots 4,5,6,7,8,9,10,11) Lot 2 LP 91716 $5,500

A8451 – 27 Hunter Street, Mansfield Lot 1 PS 709394Y $5,500

Statutory Requirements The Local Government Act (1989) requires Council to follow a specific process in declaring a scheme. The ministerial guideline on special rates and charges sets out a required process for preparation of a scheme. Details of the proposed scheme as required by the Act and guidelines are as follows: Calculation of Maximum Total Levy

a) Purpose

The purpose of the scheme is to carry out road construction and associated works. The works are considered necessary to improve level of service and local amenity.

b) Coherence of the Project

The works will provide special benefits to a group of properties which are proposed to be included within the scheme.

c) Properties to be Included in the Scheme

Properties to be included in the scheme are those properties listed in Clause 1 of the proposed declaration.

d) Estimation of Total Special Benefits

All properties which have been identified as receiving a special benefit from the works are to be included in the scheme.

e) Estimation of Total Community Benefit

It is considered that the proposed works will provide tangible and direct benefits to people in the broader community. This benefit will arise because of the availability of the proposed sealed road to be used by people other than people with an interest in the properties to be included within the scheme. Total community benefit of the works is estimated at an amount equal to that of the total special benefits.

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f) Calculation of Benefit Ratio

The benefit ratio is calculated as follows:

Total Special Benefits R = 0.5 Total Special Benefits + Total Community Benefits

g) Calculation of Maximum Total Levy

In accordance with Section 163 (2A) of the Local Government Act (1989), the maximum total levy (S) is calculated as:

S = R x C, where R is the benefit ratio and C is the total cost

In this case, S = 0.5 x $209,000 = $104,500

The proposed declaration is as follows: A Special Charge is declared pursuant to Section 163(1) of the Local Government Act (1989) for the purposes of defraying any expenses (including design, supervision and administration) in relation to road sealing works is declared on the basis of the following clauses. 1. The land with the corresponding liability amount for which the Special Charge is

declared is as detailed below:

Property Address Estimated Contribution

A8786 - 16 New Street, Mansfield $5,500 A8788 - 20 New Street, Mansfield $5,500 A8779 - 11 New Street, Mansfield $5,500 A8780 - 9 New Street, Mansfield $5,500 A18756 – 1/18 New Street, Mansfield $5,500 A18163 - 13 New Street, Mansfield $5,500 A14275 - 15 New Street, Mansfield $5,500 A7843 - 22 Ailsa Street, Mansfield $5,500 A7842 - 20 Ailsa Street, Mansfield $5,500 A8453 - 15-19 Hunter Street, Mansfield $5,500 A8451 – 27 Hunter Street, Mansfield $5,500

2. The area for which the Special Charge is so declared is the area comprising all the

lands listed in Clause 1 of this declaration. 3. The estimated total cost of the works is $209,000 4. The estimated total amount to be levied is $60,500

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Note: the above costs are estimates only.

The owners of the land detailed in Clause 1 are each estimated to be liable for the amount shown in the table contained within Clause 1, which is determined on shared benefit. It has also been rounded for convenience.

5. The Special Charge shall come in to force upon declaration, and will remain in force

for four (4) years. The Special Charge will be discharged when it is paid in full by the landowner or rescinded by Council under the provisions of Section 164 of the Act.

6. The criteria on which the Council bases the Special Charges are: The lands listed in Clause 1 of this report, the owners of which derive a benefit from

the road sealing construction works, which the Council assesses to be half of the value derived by the whole community.

7. The Special Charge so declared will be assessed and levied in the following manner:

(a) The actual costs of the portion of the works attributed to the abutting property owners includes design, supervision and administration expenses as certified by the Chief Executive Officer will be finalised on completion of the works. As an owner of land in that area your share of the cost will be a percentage of the actual cost.

(b) Each benefiting owner will be charged, annually for one quarter of that share of

the actual costs apportioned, together with interest on the unpaid balance (plus any unpaid interest) at the rate set from time to time under Section 172 of the Local Government Act (1989).

(c) Annual instalment payments of the Special Charge will be due and payable on

the 1 January each year. Payments may be made by 4 instalments annually. The charge will be levied after completion of the works and calculation of the actual costs.

8. Such owners may, subject to any resolution of the Council, pay the whole of the

Special Charge within 30 days of service of an annual notice requiring payment. 9. The Revenue Co-ordinator is authorised to levy and recover the Special Charge

described in Clause 8 in accordance with the provisions of the Local Government Act (1989).

Council Plan The Council Plan 2017-2021 lists a strategic theme ‘Enhanced Livability’ that incorporates long term strategies and capital works programs to respond to changing community needs.

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Financial Funding for this project has been put forward for consideration in the 2018-2019 Council budget as follows:

Budget

Landowner Contribution $60,500

Previous Developer Contribution (paid in 2010 for property 2/18 New St) $2,011

Developer Contribution $42,400*

Council Contribution $104,089

Total $209,000

*This is the anticipated developer contribution from 15-19 Hunter Street that has not yet been paid. It is considered that the expected benefit to the community warrants proceeding with the special charge scheme process. Social The proposed sealing works would significantly enhance the amenity of residing on this road. In particular, the nuisance created by road generated dust is eliminated and drainage related issues minimised. Environmental While this proposal would represent an increase in the amount of hard paved surface, the final design would incorporate elements of Water Sensitive Urban Design philosophy to mitigate the impacts. There would be negligible impacts on surrounding areas given the improvements to the drainage system implemented through these works. Air quality will be significantly improved as a result of sealing the road. Economic Council has adopted within the Strategic Resources Plan as a general principle ‘to implement the capital works program as created and modified as new projects are identified’. Risk Management There are several risks associated with the special charge scheme, both financial and reputational as listed below.

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· The anticipated developer contribution may not be paid due if the subdivision does not

proceed. This would increase Council’s estimated contribution to $125,288 and the estimated property owner contribution to $10,927 each if the same 50% apportionment is applied. As per standard practice, the developer is required to pay the contribution prior to the issue of Statement of Compliance. It could be sometime after the New Street construction works have been completed.

· Residents object to the proposed intention to declare and the scheme is abandoned. · Council’s contribution to the project is not approved in the 2018-2019 budget.

Communication Landowners affected by the scheme will be formally notified in writing of Council’s intention to declare the Scheme and will have an opportunity to formally lodge submissions in relation to the project prior to Council declaring the Scheme, with the statutory consultation period being 28 days. A public notice will also be published in locally circulating newspaper. Officer’s Comments Property owners will receive notification of Council’s intention to declare a Special Charge Scheme under the Local Government Act (1989), and may make submissions in relation to the proposed works. Councillors Sladdin/Attley: That Council resolves its Intention to Declare a Special Charge Scheme on New Street (South), Mansfield between Ailsa Street and end of road against the properties listed below in accordance with the Local Government Act (1989) - Section 163 - Special Rate and Special Charge. Property Address Estimated Charge A8786 - 16 New Street, Mansfield $5,500 A8788 - 20 New Street, Mansfield $5,500 A8779 - 11 New Street, Mansfield $5,500 A8780 - 9 New Street, Mansfield $5,500 A18756 – 1/18 New Street, Mansfield $5,500 A18163 - 13 New Street, Mansfield $5,500 A14275 - 15 New Street, Mansfield $5,500 A7843 - 22 Ailsa Street, Mansfield $5,500 A7842 - 20 Ailsa Street, Mansfield $5,500 A8453 - 15-19 Hunter Street, Mansfield $5,500 A8451 - 27 Hunter Street, Mansfield $5,500

Carried

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11. ASSEMBLIES OF COUNCILLORS Under section 76AA of the Local Government Act 1989 an Assembly of Councillors (however titled) is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be: · The subject of a decision of the Council; or · Subject to the exercise of a function; duty or power of a Council that has been

delegated to a person or committee [s.76AA]. An assembly of Councillors does not include a meeting of the Council, a special committee of the Council, or any club, association, peak body, political party of other organisation. A written record of each assembly is held by Council and is available for public inspection. The following is a list for the past month of assemblies held and the issues discussed. Date Type of Assembly Issues Discussed 20 February 2018

Councillors’ Briefing Session Councillors: · Cr Paul Volkering · Cr Harry Westendorp · Cr Marg Attley · Cr Peter Olver · Cr Paul Sladdin Apologies: · Chief Executive Officer, Alex Green Officers: · Acting Chief Executive Officer, Melanie Hotton · Engineering Manager, Neil Ogilvie · Corporate and Organisational Development

Manager, Sharon Scott · Finance Manager, Mandy Kynnersley · Acting Development Services Manager, Dawn

Bray · Sport and Recreation Officer, Dan Purcell External Attendees: · Peter Crooks, Centennial Mining Ltd.

Conflicts of Interest: NIL Issues Discussed: · Centennial Mining Presentation · Sports Facilities Strategy · New Street Special Charges Scheme · Office 365 update · Naming of Bonnie Doon bridge · Monkey Gully Road historical planning

application · Goulburn Broken Catchment Integrated

Water Management Plan · Small Town sewerage schemes · Domestic Waste Water Management Plan

Audit · Recycling Issues · Statement of Commitment · Town approaches · Overhanging branches at Jamieson · Service signage at Macs Cove · Vegetation removal at Buttercup · Murphy Fresh works · Tiny Houses · Query on Municipal Charge under new

Act · Malcolm Street roadworks · Reardons Lane drainage · NBN reinstatement works outside Marks

IGA · Works undertaken in Chenery and Apollo

Streets · Statutory Planning software package · Irrigation repairs required in High Street · Clean up works at Bonnie Doon · Fridays Lane Bridge · Budget submission, Bonnie Doon netball

court · Heavy vehicle bypass land acquisition

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11. ASSEMBLIES OF COUNCILLORS CONTD Date Type of Assembly Issues Discussed 27 February 2018 Councillors’ Budget Briefing

Session Councillors: · Cr Paul Volkering · Cr Harry Westendorp · Cr Marg Attley · Cr Peter Olver · Cr Paul Sladdin Apologies: Officers: · Chief Executive Officer, Alex Green · Finance Manager, Mandy Kynnersley

Conflicts of Interest: NIL Issues Discussed: · Rates and Municipal Charge · Fees and Charges · Income Expense Operating Budget · Unit Operating Budget

6 March 2018

Councillors’ Briefing Session Councillors: · Cr Paul Volkering · Cr Marg Attley · Cr Peter Olver · Cr Paul Sladdin Apologies: · Cr Harry Westendorp Officers: · Chief Executive Officer, Alex Green · Community Services Manager, Melanie Hotton · Engineering Manager, Neil Ogilvie · Corporate and Organisational Development

Manager, Sharon Scott · Finance Manager, Mandy Kynnersley · Senior Strategic Planner, Kathy Richardson · Team Leader Statutory Planning, Steven Hicks · Tourism and Events Coordinator, Nicole Nye · Senior Civil Engineer, Paul Valente External Attendees: · Bronwyn Chapman, EO, Goulburn Broken

Greenhouse Alliance · Mark Perry, Director, Targa Australia

Conflicts of Interest: NIL Issues Discussed: · Planning Applications:

o Microbrewery o Stoneys Road o Kareen Hills o Redgum Drive

· Goulburn Broken Greenhouse Alliance · Asset Management · Auspicing Arrangements Policy · Targa Australia · Mansfield Cultural Heritage Advisory

Committee letter · Hume Regional Local Government

Network (HRLGN) update · Station Precinct · Budget – Operating vs Wishlist · Public Toilet Renewal · Easter Bush Market · Extension Permit – Nillahcootie Caravan

Park · Kitchen Street Environmental Audit

Overlay

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11. ASSEMBLIES OF COUNCILLORS CONTD Date Type of Assembly Issues Discussed 13 March 2018 Councillors’ Budget Briefing

Session No. 2 Councillors: · Cr Paul Volkering · Cr Marg Attley · Cr Peter Olver · Cr Paul Sladdin Apologies: · Cr Harry Westendorp Officers: · Chief Executive Officer, Alex Green · Finance Manager, Mandy Kynnersley · Engineering Manage, Neil Oglivie · Community Services Manager, Melanie Hotton · Acting Development Services Manager, Dawn

Bray

Conflicts of Interest: NIL Issues Discussed: · Capital Budget · Discretionary Budget · Long Term Financial Plan

Councillors Attley/Olver: That the Council note the Assemblies of Councillors as provided.

Carried 12. ADVISORY AND SPECIAL COMMITTEE REPORTS 12.1 Mansfield Shire Environment Advisory Committee: Minutes of Meeting The Minutes of the Mansfield Shire Environment Advisory Committee meeting, held on 16 February, 2018 are attached for the Council’s information. 12.2 Mansfield Shire Audit and Risk Advisory Committee: Minutes of Meeting The Minutes of the Mansfield Shire Audit and Risk Advisory Committee meeting, held on 19 February, 2018 are attached for the Council’s information. 12.3 Mansfield Parks and Precincts Advisory Committee: Minutes of Meeting The Minutes of the Mansfield Parks and Precincts Risk Advisory Committee meeting, held on 22 February, 2018 are attached for the Council’s information.

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12. ADVISORY AND SPECIAL COMMITTEE REPORTS CONT. Councillors Attley/Sladdin: That the Council receive the Minutes of the following Advisory Committee meetings: · Mansfield Shire Environment Advisory Committee · Mansfield Shire Audit and Risk Advisory Committee · Mansfield Parks and Precincts Advisory Committee

Carried Cr Attley commended the involvement of the Mansfield Secondary College students on the Mansfield Shire Environment Advisory Committee.

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ATTACHMENT 12

ADVISORY AND SPECIAL COMMITTEE

REPORTS

(49 PAGES)

267

Meeting Date: Friday 16 February 2018 Chairperson: Cr Marg Attley/ Dawn Bray File No. E4634

Time: 10.00am Location: Council Chambers

Invitees: Cr Marg Attley (Chair) Councillor, Dawn Bray Manager Development Services, Damien Gerrans Environment Officer, Kerstie Lee Up2Us Landcare Alliance Coordinator, Tandy Annuscheit Gadhaba Local Indigenous Network Representative, Don Howie Victorian Farmers Federation Mansfield Branch, Louise Perrin Mt Buller & Mt Stirling Alpine Resort Managements Environmental Services Manager, Matt Mahoney Community Representative, Nicky Goudberg Community Representative, Robyn Rattray-Wood Community Representative, Rebecca Kirley Waste Management Officer, Sarah Rau Administration Assistant, Lilly Christopher Student Representative, Alicia Fox, Student Representative Max Sampson Student Representative, Ethan Lee Student Representative, James Gardiner Student Representative, Shubham Bajaj Student Engineer (guest)

Apologies: Cr Attley

ITEM SUBJECT BUSINESS RESP. OFFICER

1. GENERAL BUSINESS:

1.1 Opening of Meeting 10.05am Dawn Bray

1.2 Attendance

Dawn Bray, Damien Gerrans, Kerstie Lee, Don Howie, Matt Mahoney, Nicky Goudberg, Rebecca Kirley, Shubham Bajaj, Lilly Christopher, Alicia Fox, Max Sampson, Ethan Lee, James Gardiner. A round table introduction occurred. It was great to see representatives from Mansfield Secondary College in attendance. Ross McKirdy and Paul Brown from Ironbark Sustainability and Tom Brown from Sustainability Victoria attended at 11am to present on the Local Government Energy Saver Project.

Dawn Bray

1.3 Apologies Cr Attley, Lou Perrin, Robyn Rattray-Wood Dawn Bray

1.4 Declaration of Interest Non declared Dawn Bray

Mansfield Shire Environment Advisory Committee Minutes

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1.5 Minutes of Previous Meeting

Minutes sent on 12 December 2017. Amendment by Kerstie:

1. Friends of the Great Victorian Rail Trail need another action a. To develop a Memorandum of Understanding with the Mansfield Shire

Council 2. NLP2 that Up2Us applied for was to support small acreage landholders with soil

health and productivity. Amended minutes noted by committee.

1.6 Business Arising from Previous Meeting

Action: DG to develop a media release on Roadside Weed Control Program. Not complete - Waiting on GIS data from weed control contractors prior to development of media release. Kerstie informed the group the Council weed control mail out had resulted in a lot of new inquiries, phone calls and visits by Up2Us. Action: DG to send around a list of Community Environmental Events and dates for 2018 (i.e. National Tree Day, Clean up Australia Day, etc) Provided at meeting – attached to minutes. Dawn suggested that the review of the Council website is an opportunity to include better information on Environmental Events. Action: Kerstie to inform Cr Attley of the next Friends of the Rail Trial group meeting. Kerstie informed Cr Attley of upcoming meetings Action: Damien to send links to Moira Environment Strategy and Strathbogie Voices Seminar Series to EAC members. Links attached to previous minutes.

Damien Gerrans

269

ITEM SUBJECT BUSINESS RESP. OFFICER Action: Rebecca to provide an update on the drum muster event will be provided at the next EAC. Rebecca provided report at meeting Drum Muster was held on Wednesday 6th December. 10 Participants returned 231 drums with none rejected. Don Howie mentioned that he couldn’t attend on the day. Rebecca informed the group that for large numbers of drums the site can be reopened by appointment. Matt Mahoney offered to forward future opening dates to his contacts also.

1.7 Council Budget

Standing agenda item to raise Council budget issues. Internal budget items developed for 2018-2019 to: 1. Continue funding to Roadside Weed Control Program 2. Review the Environment and Waste Strategies Solar savers program may not proceed in this budget process. Opportunities for similar program being run regionally will be sought in the future. The budget process will include programs and forecasts for a 10 year period. $10K per annum has been included to support composting at home and in the community. Nicky - composting workshops are more successful when held at someone’s house and not at Council meeting rooms. Kerstie – Up2Us ran a Soils and Veg workshop and will be running more small workshops this year.

Dawn Bray

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1.8 Round table

A standing agenda item where each member of the Committee has the opportunity to discuss relevant matters with the Committee. Kerstie:

1. A new Landcare group is forming in the Howes Creek area. Currently interested in weeds.

2. Up2Us is hosting surveys and workshops on Climate Change. The top priorities raised in the workshops have been Water and Vegetation/Trees. A survey will be developed to monitor trigger points for climate change such as frequency of drought and lerp attacks on trees.

3. Healthy Hectares – Water on farms field day. 15 people have booked in with small producers the primary targets.

4. Small acreage producers bus tour. 3-4 March. Capped at 30 people. Stay in Bright over-night.

5. Friends of the Rail Trail. The group have sent a letter to Council regarding the Withers Lane heavy vehicle bi-pass and the opportunity for an underpass.

6. Clean Up Australia Day. Looking at soft plastic recycling this year. 7. Weeds Forum. Agencies weeds forum booked in for March 22. 8. Landcare Report Cards completed. Over 1000 hours of training

delivered. 2000 hours of volunteer time committed within Mansfield Shire.

Don:

- Thanks to Kerstie for working with small land holders to improve their land management. This also assists larger landholders.

- The Shire weeds program is good. - The danger posed by large trees along roads is not good especially in

storms. Matt:

- Good work to Up2Us assisting small landholders.

All

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ITEM SUBJECT BUSINESS RESP. OFFICER - Local Farmers Group is looking at tours around other properties and

may include tours of Seeds Research Farms. Nicky:

- Currently interested in the new Native Vegetation Regulations. - Damien suggested that DELWP be requested to present at a future EAC

meeting on the Native Vegetation Regulations changes. ACTION: Damien to invite DELWP to future EAC meeting. Dawn:

- Integrated Water Management Plan (IWMP) grant has been sought from DELWP. $100K in total to plant for stormwater and wastewater reuse in Mansfield township. The plan will consider the viability of a third-pipe reuse and take a “whole of water cycle approach to planning”.

- Goulburn Valley Water are on-board to advocate for a small town sewage scheme in Mansfield.

Rebecca:

- Detox your home collection to be held in Wangaratta on Saturday 12 May.

- Recyclables: China ceased receiving recyclables from 1 January 2018. This is having an impact on regional councils. Not affecting Mansfield yet. There is a meeting with contractor JJ Richards next Thursday.

1.9 Environment Update

A brief report for February 2018 is attached. Environment Strategy Review in 2018 Plan to run a series of workshops and presentations upon confirmation of budget. Nicky asked about a role for the EAC members. Damien stated that there will definitely be a role for committee members to

Damien Gerrans

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ITEM SUBJECT BUSINESS RESP. OFFICER assist with workshops and the identification of speakers.

1.10 Waste Update

Update from Rebecca See round table update above.

Rebecca Kirley

2. NEW BUSINESS:

2.1 New Council business

Updated Street Tree List. Feedback sought on street tree list attached to agenda. The group was requested to forward any comments to Damien. Comments have been received from Up2Us. Alicia commented that Plane Trees as include on the list can trigger asthma attacks and hay fever amongst some people. As such Alicia recommended that they not be used as future street trees.

Damien Gerrans

2.5

Local Government Energy Saver Program presentation and report to EAC. Ironbark Sustainability Ross McKirdy and Paul Brown and Sustainability Victoria representatives Tom Brown attend the meeting and discussed how to set Carbon Reduction Targets using a science based approach. The Corporate Emissions Profile and Reduction Plan draft report was presented to the EAC. The EAC provided feedback that a suggested reduction target for Mansfield Shire should be included in the report as independent advice on this is beneficial.

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ITEM SUBJECT BUSINESS RESP. OFFICER The EAC will be sent the amended draft report following further consultation with Council staff. Dawn requested that a briefing be provided to Councillors on the program.

3. NEXT MEETING:

3.1 Next Meeting

Friday 27 April 2018, 10 am -12 midday Friday 29 June 2018,10 am -12 midday Friday 31 August 2018, 10 am -12 midday Friday 26 October 2018, 10 am -12 midday Friday 7 December 2018, 10 am -12 midday

3.2 Meeting Close 12 midday

Environment Advisory Committee Meeting Notes

274

Draft New Street Tree List for consideration

BOTANICAL NAME COMMON NAME NOTE

Region - GBCMA/Vic/Non Native

Current Mansfield Street Tree List

Comments from Environment Advisory Committee and Park and Precincts Advisory Committee

Acacia implexa Lightwood Evergreen GBCMA Too short livedAcacia melanoxylon Blackwood Evergreen GBCMA Too short livedAcer buergeranum Trident Maple Deciduous Non NativeAcer saccharum Sugar Maple Deciduous Non NativeAcer x freemanii Canadian Maple Deciduous Non NativeAgonis flexuosa Willow Myrtle Evergreen Non NativeAllocasuarina littoralis Black Sheoak Evergreen VIC Not bad for tight spacesAllocasuarina verticillata Drooping She-Oak Evergreen GBCMA Drops a lot of material. Poor grass groth below.Allocasuarina torulosa Evergreen Non NativeAllocasuarina cunninghamiana Evergreen Non NativeAngophora costata Smooth Barked Apple Evergreen Non NativeBanksia integrifolia Coast Banksia Evergreen GBCMA Can be irregular in shape and can be brittleBanksia marginata Silver Banksia Evergreen GBCMABrachychiton populneus Kurrajong Evergreen GBCMA

Callistemon varieties Bottlebrush

Smaller evergreen trees (for planting under powerlines and narrow nature strips)

VIC

Yes No at good shade treeCorymbia citriodora Lemon-scented Gum Evergreen Non NativeCorymbia ficifolia Red Flowering Gum Evergreen Non NativeCorymbia maculata Spotted Gum Evergreen Non NativeEucalyptus pauciflora Snow Gum Evergreen VICEucalyptus scoparia Wallangarra White Gum Evergreen Non NativeEucalyptus sideroxylon Red Ironbark Evergreen GBCMAFraxinus angustifloia Claret Ash Deciduous Non NativeGrevillea robusta Silky Oak Semi Decidous GBCMALagerstroemia varieties Crepe Myrtles Deciduous Non Native YesMalus ioensis Crab Apple Deciduous Non NativeMelaleuca linariifolia Narrow leafed Paperbark Evergreen Non Native Not good for grass growth belowMelaleuca varieties Paperbarks GBCMAPlatanus orientalis Oriental Plane Deciduous Non Native

Platanus X acerifolia Plane Tree DeciduousNon Native

No good for asthmatics and allegy sufferers. Should be removed from list.

Pyrus faurini Korean Sun Evergreen Non Native Yes

Pyrus varieties

Ornamental Pears, Manchurian, Aristicrat, Chanticleer etc Deciduous

Non NativeNot preferred. Potenital fruit fly host

Quercus palustris Pin Oak Deciduous Non Native YesQuercus varieties Oaks, Pin Oak, Scarlet Oak,

Red Oak, English Oak DeciduousNon Native

Ulmus parvifolia Chinese Elm Deciduous Non Native Yes

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1

MANSFIELD SHIRE COUNCIL Audit and Risk Advisory Committee

The Audit Advisory Committee shall meet quarterly to discuss matters including the following: August: Review draft annual financial accounts and performance statements.

Consider the initial findings of the external auditor.

November: Review the final results of the Annual Audit and any reports from the external auditor. Annual review of Procurement Policy.

February: Review the progress of the internal audit program. Review of Management Letter and Review of Progress Report on Policy Review Project. Review of 6 monthly Performance Indicators.

May: Review the current year and determine the next financial year annual internal audit program.

Please note that the Agenda will be projected onto

the data screen in the Chambers.

Unconfirmed Minutes

19 February 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

4.30 pm meeting for Committee. Council Officers will be attending

from 5.00 pm CONTENTS

1. OPENING OF THE MEETING............................................................................................... 3

2. APOLOGIES.............................................................................................................................. 3

3. CONFIRMATION OF MINUTES ........................................................................................... 3

4. DISCLOSURE OF CONFLICTS OF INTEREST .................................................................. 3

5. OUTSTANDING ACTIONS ..................................................................................................... 4

6. RISK MANAGEMENT ............................................................................................................. 4

6.1 Risk Management Procedures and Top Five (5) Risks................................................. 5

Attachment 6.1 ................................................................................................................ 7

6.2 Mansfield Shire Council Investment Schedule ........................................................... 10

Attachment 6.2 .............................................................................................................. 12

7. INTERNAL AUDIT AND CONTROL ................................................................................... 15

7.1 Internal Audit ............................................................................................................... 15

Attachment 7.1 .............................................................................................................. 17

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Mansfield Shire Council – Audit Advisory Committee Meeting: 19 February 2018: Minutes

2.

7.2 Draft Auspice Arrangements Policy ............................................................................ 24

Attachment 7.2 .............................................................................................................. 26

7.3 Draft Fraud Prevention and Control Policy ............................................................... 39

Attachment 7.3 .............................................................................................................. 41

7.4 Procedural Exceptions ................................................................................................. 67

Attachment 7.4 .............................................................................................................. 69

7.5 Land Under Roads Valuation ...................................................................................... 87

Attachment 7.5 .............................................................................................................. 89

7.6 Mansfield Shire Council Gifts, Benefits and Hospitality Annual Report ................ 109

Attachment 7.6 ............................................................................................................ 112

8. FINANCIAL AND PERFORMANCE REPORTS .............................................................. 127

8.1 Finance Report: 1 July to 31 January 2018 ............................................................. 127

Attachment 8.1 ............................................................................................................ 132

8.2 VAGO Management Letter Issues ............................................................................. 140

Attachment 8.2 ............................................................................................................ 142

9. OTHER BUSINESS .............................................................................................................. 144

10. NEXT MEETING .................................................................................................................. 144

11. CLOSURE OF MEETING.................................................................................................... 144

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3.

MINUTES

19 February 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

4.30PM

4.30 pm meeting of the Committee. Council Officers will be attending from

5.00 pm

1. OPENING OF THE MEETING Janene Ridley opened the meeting at 5.00 pm.

PRESENT External Members: Ms Dannielle MacKenzie Ms Janene Ridley Mr Robert Bennett Councillors: Cr Paul Volkering Cr Harry Westendorp IN ATTENDANCE Finance Manager: Mandy Kynnersley Corporate & Organisational Development Sharon Scott Manager AFS and Associates Ltd. – Internal Auditor Imogen Guidi

2. APOLOGIES

Chief Executive Officer: Alex Green

3. CONFIRMATION OF MINUTES

D. MacKenzie/H. Westendorp: That the Minutes of the Audit and Risk Advisory Committee Meeting held on 20 November 2017 be confirmed as an accurate record. Carried 4. DISCLOSURE OF CONFLICTS OF INTEREST Janene Ridley declared a Direct Conflict of Interest in Item 6.2.

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4.

5. OUTSTANDING ACTIONS Date Action Due Date Comment 20 November 2017

6.1 Risk Management Procedures – 10954: Update to say ‘electronic’ system - RMO

6.2 Investment Schedule – Capital works be graphed against cash flows. Query if we can temporarily pay down debt and retain when we need it offsetting interest rates.

Refer commentary in the Investment Report.

7.1 Internal Audit - Officers to: • Review the Internal Audit Program

2018 and 2019 • Reprioritise according to need • Include Domestic Wastewater

Management Plan and Local Laws

Completed. DWMP audit commencing 19 Feb and Local Law audit commencing 5 April.

7.2 Draft Administration of Grants Income Policy – Update page 8 ‘Grants Register’ to read ‘Active Grants Register’. Update Policy to document that Council will not require a ‘Potential Grants Register’ as was agreed.

Completed. Amended policy ratified by Council in January.

6. RISK MANAGEMENT Duties and responsibilities of the Committee: • Review the operations and implementation of the identification and assessment of

risks, management of the identified risks, monitoring of the risk management process and referring risk matters to the Council as appropriate.

• Review key policies impacting on Council’s governance framework, such as Code of Ethics, Fraud Policy, Whistleblower Policy, Procurement Policy, Investment Policy.

• Monitor processes and practices of Council to ensure effective business continuity, including a disaster recovery plan which is periodically tested.

• Note the progress of any major litigation, including potential VCAT cases.

• Note any investigation of any suspected cases of fraud.

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5.

6.1 Risk Management Procedures and Top Five (5) Risks File Number: E3937 Responsible Officer: Risk and OH&S Co-ordinator, Michelle Foster Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter Introduction This report provides an update on Council’s Top 5 Risks. Background The identified Top 5 risks for Council are recorded and actions monitored through OMNI Councils’ reporting software. The up to date status on the top 5 risks are attached to this report. All other risks are recorded in CRMS and on Excel spread sheet (Councils Risk Register). Statutory Requirements There are no statutory requirements, however monitoring of Council’s Risk Management Strategy is a key responsibility of the Audit and Risk Advisory Committee. Council Plan Strategic Objective 5.3 Our organisation transparently reports on its performance through a comprehensive reporting and audit framework. Strategic Objective 5.5 We have a strong framework in place to proactively mitigate risk. Financial No financial implications Risk Management Council’s Risk Register forms part of Council’s Risk Management Framework. Officer’s Comments Council’s Top 5 Risks are attached for the Audit and Risk Advisory Committee’s Information. Of the 23 deliverables presented at the previous Audit and Risk Advisory Committee Meeting, the six that were at 100% complete have been removed from Councils Top 5 Risks. Five additional deliverables are now at 100% complete and are shown in the attached document. Twelve deliverables are currently open.

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6.

6.1 Risk Management Procedures and Top Five (5) Risks cont. R. Bennett/Paul Volkering: That the Audit and Risk Advisory Committee receive this report. Carried

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7.

ATTACHMENT 6.1

RISK REGISTER

(2 PAGES)

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6.2 Mansfield Shire Council Investment Schedule File Number: E2887 Responsible Officer: Senior Accountant, Belinda Langlands Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction A report on the status of Council’s investments is to be reported on at each committee meeting. A schedule of Council’s investments has been attached showing details of investments as at 31 January 2018. Background Regular reporting to the Audit and Risk Advisory Committee in relation to investments is required in accordance with the Investment Policy adopted by Council. Council Plan Theme: Responsible leadership. Strategic Objective 5.3: Our organisation transparently reports on its performance through a comprehensive reporting and audit framework. Strategic Objective 5.5: We have a strong framework in place to proactively mitigate risk Financial Excess cash is invested in order to attract greater interest income than that achievable through our operating bank account. Given the current high level of cash, and the anticipated forecast for reduced capital spend in this financial year, Officers have assessed the impact of using cash reserves to repay outstanding debt. Debt as at 31 January 2018 is $2.7million. Immediate repayment of this debt would save approximately $658k in interest costs over the next 12 years (net of exit fees). This would be offset by a loss of interest income due to lower cash levels, estimated at approximately $286k over the same 12 year period. Therefore the net estimated savings would be $372k over 12 years, an average of $31k per annum.

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6.2 Mansfield Shire Council Investment Schedule cont.

Statutory Requirements Councils Investment Policy is set up to adhere to the requirements contained within S143 of the Local Government Act 1989. Risk Management Regular review of investments is seen as an integral part of Council’s risk management process Officers Comments Council’s current term deposits range between 3 and 12 months in term. Term Deposit interest rates currently being received range between 2.45% and 2.75%. Council currently have an at call account which is receiving 1.75% interest. The RBA cash rate remained unchanged over the previous quarter resulting in fairly stable interest rates. As at 31 January 2018 the NAB operating account cash balance was $1.28million. Council is currently compliant with its Investment Policy. Given the high levels of cash and potential cost savings to be achieved, consideration will be given during the 2018-19 budget process to the early repayment of outstanding debt, should the long term cash flow predict it is financially sustainable. H. Westendorp/D. MacKenzie: That the report be received and noted. Carried

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ATTACHMENT 6.2

MANSFIELD SHIRE COUNCIL INVESTMENT

SCHEDULE

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7. INTERNAL AUDIT AND CONTROL Duties and responsibilities of the Committee:

• Review the scope of the internal audit plan and program and the effectiveness of this

function taking into consideration whether the program systematically addresses: o internal controls over significant areas of risk, including non-financial

management control systems; o internal controls over revenue, expenditure, assets and liability processes, o the efficiency, effectiveness and economy of significant Council programs;

and o Compliance with regulations, policies, best practice guidelines, and

contractual arrangements.

• Review the appropriateness of special internal audit assignments.

• Review the level of resources allocated to internal audit and the scope of its authority, including the independence of Internal Audit function.

• Review reports of internal audit, the response of Council and management to matters raised, and monitor the implementation of recommendation made by internal audit.

• Critically analyse and follow up any internal or external audit report recommendation which raises significant issues relating to risk management, internal control, financial reporting and other accountability or governance issues.

5.45 pm 7.1 Internal Audit File Number: E310 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest There are no conflicts of interest in relation to the matters within this report. Introduction This report provides a status update on our Internal Audit program. Background Council’s Risk Management Strategy requires the management of risk in accordance with best practice and compliance with Standard AS/NZS 31000 2009. Under the Standard, a risk management process follows a systematic application of policy, procedures and practices to the tasks of context identification, analysis, evaluation, treatment, monitoring and communication. The internal audit process is an essential tool in this process. Statutory Requirements There are no statutory requirements.

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7.1 Internal Audit cont. The monitoring of Council’s Internal Audit Plan and recommendations is a key responsibility of the Audit and Risk Advisory Committee. Council Plan Theme: Responsible leadership. Strategy 5.3: Our organisation transparently reports on its performance through a comprehensive reporting and audit framework. Strategy 5.5: We have a strong framework in place to proactively mitigate risk Financial The findings from an independent audit have the potential to impact on future MAV public liability premiums. The costs of internal audit are included annually in Council budgets. Risk Management This process is part of Council’s Risk Management Strategy. Communication There has been no external communication in relation to this matter. Officer’s Comments There have been no new internal audits conducted since the previous Audit and Risk Advisory Committee meeting in November 2017. Progress against previous findings is presented in the attached report. The Internal Audit program has been revised to include a review of the Domestic Wastewater Management Plan Audit actions (commencing 19 February) and a review of the implementation of the recommendations from the Local Law investigation (commencing 26 March). Accounts Payable and Risk Management reviews have been shifted into the following year. P. Volkering/R. Bennett: That the Audit and Risk Advisory Committee receive the Internal Audit Actions Progress Report.

Carried

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ATTACHMENT 7.1

INTERNAL AUDIT ACTIONS – OMNI REPORT

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6.00 pm 7.2 Draft Auspice Arrangements Policy File Number: E698 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest The author of this report has no conflict of interest in this matter. Introduction The attached draft Auspice Arrangements Policy is presented to the Audit and Risk Advisory Committee for review and recommendation to Council for adoption. Background The new Administration of Grant Income Policy has recently been adopted by Council at its January 2018 meeting. The Policy identified the need for consideration of auspice arrangements, which has led to the creation of the new draft Auspice Arrangements Policy. Statutory Requirements There are no statutory requirements in relation to this matter. Council Plan The draft Auspice Arrangements Policy supports delivery of the Financial Sustainability and Responsible Governance themes in the 2017-21 Council Plan. Financial There is no direct financial impact of this policy. Social There is no social impact of this policy. Environmental There is no direct environmental impact of this policy. Economic The policy provides guidance that may allow unincorporated or newly established community groups to access funding they may otherwise have been unable to receive. Auspice arrangements could support community groups in driving their own projects, without requiring significant Council resources and support.

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7.2 Draft Auspice Arrangements Policy cont. Risk Management The draft policy only allows auspice arrangements to be entered within a strict framework to mitigate the risk to Council. Enabling community groups to access their own funding and deliver their own projects reduces Council exposure to project risk. Community Engagement There has been no community engagement required in relation to this matter. Officer’s Comments The draft Auspice Arrangements Policy has been created based around the principles in the Not For Profit Law Guide that was presented to the Audit and Risk Committee at the November 2017 meeting (part of the briefing paper on the Administration of Grant Income policy). The draft Auspice Arrangements policy is attached for the Committee’s review. A briefing to Councillors on the new policy is scheduled for 6 March 2018, and the final policy is expected to be recommended for adoption at the March 2018 Council meeting. Recommendation: That the Committee review the attached draft Administration of Grant Income Policy, and recommend to Council the adoption of the policy. H. Westendorp/D. MacKenzie: That the Committee review the attached draft Auspice Arrangements Policy and recommend to Council the adoption of the policy. Carried

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ATTACHMENT 7.2

DRAFT AUSPICE ARRANGEMENTS POLICY

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7.3 Draft Fraud Prevention and Control Policy File Number: E34 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest The author of this report does not have a conflict of interest in this matter. Introduction The Fraud Prevention and Control Policy is due for review and adoption by Council. Background The Fraud Prevention and Control Policy and the associated Fraud Prevention and Control Plan were last reviewed in February 2016. The Policy requires a biennial review of both the Policy and the Plan, and thus the Policy and Plan are due for renewal in February 2018.

Statutory Requirements The Local Government (Planning and Reporting) Regulations 2014 require Council to report within the Report of Operations in the Annual Report, the date of the current Fraud policy, or reasons why one is not in existence. Council Plan Responsible leadership, Strategic Objective 5.5: We have a strong framework in place to proactively mitigate risk. Financial There are no direct financial implications in relation to the policy. Social There is no direct social impact of this policy. Environmental There is no direct environmental impact of this policy. Economic There is no direct economic impact of this policy.

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7.3 Draft Fraud Prevention and Control Policy cont. Risk Management Fraud control is a significant contributor to Council’s risk management framework and strategy. Community Engagement There has been no community engagement undertaken in relation to this matter. Officer’s Comments The Policy and Plan have been reviewed by the Executive Management Team. The only significant change to the Plan is the inclusion of the mandatory reporting requirements imposed by the Integrity and Accountability Legislation Amendment (A Stronger System) Bill 2015. The Bill made changes to section 57 of the Independent Broad-based Anti-corruption Commission Act 2011 (the IBAC Act), most of which came into effect on 1 July 2016. s57 of the IBAC Act now requires the Chief Executive Officer to notify IBAC of all instances of suspected corrupt conduct. The Fraud Prevention and Control Plan has been amended to make reference to this requirement in section 5.1.3 Investigation Process. There are no other significant changes to the Policy or the Plan. Recommendation: That Council adopt the revised Fraud Prevention and Control Policy and Fraud Prevention and Control Plan. R. Bennett/H. Westendorp: That the Audit and Risk Advisory Committee note and recommend that Council adopt the revised Fraud Prevention and Control Policy and Fraud Prevention and Control Plan. Carried

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ATTACHMENT 7.3

DRAFT FRAUD PREVENTION AND CONTROL POLICY

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DRAFT FRAUD PREVENTION AND CONTROL

PLAN 2018

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7.4 Procedural Exceptions File Number: E503/2 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest The author of this report has no conflict of interest in this matter. Introduction Council’s Procurement Policy provides specific circumstances under which exceptions to the policy are allowable. This report provides details of any Procedural Exceptions that have occurred during the last quarter. Background S 3.4 of the Procurement Policy states There may be, from time to time, exceptional circumstances that arise where the provisions of the Procurement Policy cannot be satisfied. In these cases approval from the CEO is required prior to proceeding with the purchase. The requirements of S3 of the procedures attached to the policy are to be followed in such circumstances and a Procedural Exceptions Memo must be used to submit a request. Supporting evidence must accompany any request to utilise this provision that clearly demonstrates a procedural exception exists. Three procedural exception memorandums have been approved since the last ARAC meeting. The exceptions relate to:

1. The appointment of a consultant to assist with C36 amendment panel presentation. Appointment was made without adhering to the procurement policy, and management became aware after the appointment had been made. Exemption memo is primarily to document the issue, rather than provide approval.

2. Appointment of a consultant to assist with urgent website upgrades – consultant has already been working with Council on a digital roadmap project and therefore has existing knowledge of Councils IT infrastructure requirements. Further, this consultant can has end-to-end service provision capabilities which will allow efficiency of service and better integration with all digital infrastructure (existing, and improvements required).

3. Purchase of a new printer/copier machine from an existing supplier – allows integration with existing medium term agreements for support and maintenance The full Procedural Exceptions Memorandums are attached for the Committee’s information.

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7.4 Procedural Exceptions cont. Statutory Requirements Procedural Exceptions approved by the CEO are considered to be compliant with policy Council Plan Strategic Objective 5.3: Our organisation transparently reports on its performance through a comprehensive reporting and audit framework. Strategic Objective 5.5: We have a strong framework in place to proactively mitigate risk. Financial Exemptions to the general requirements of Council’s Procurement Policy can lead to additional costs to Council as they typically revolve around removing the competition requirements of the policy. The associated impacts in the 3 memos presented this quarter are not considered to be significant. Social There is no significant social impact in relation to this matter Environmental There are no environment impacts related to this matter Economic There is no significant impact in relation to this matter. Risk Management The procedural exceptions process allows for a controlled variation to standard procurement requirements. Community Engagement There has been no broad community engagement on the matter. Officer’s Comments See the attached Procedural Exceptions Memorandums for further details on the matter P. Volkering/D. MacKenzie: That the Audit and Risk Advisory Committee note the Procedural Exceptions Memorandums. Carried

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ATTACHMENT 7.4

PROCEDURAL EXCEPTIONS MEMOS

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7.5 Land Under Roads Valuation File Number: E5031 Responsible Officer: Senior Accountant, Belinda Langlands Disclosure of Conflicts of Interest The author of this report does not have a conflict of interest in this matter. Introduction Council are required to have all land under roads valued and included in the 2017-18 financial statements for the first time. A valuation has been completed and included for review. Background The Australian Accounting Standards Board altered AASB 116 Property Plant & Equipment to include land under roads and as a result the new accounting standard AASB 1051 Land Under Roads was introduced, effective 1 July 2008. In October 2008 as part of the transitional arrangements of AASB 1051, Council elected to record only land under roads which were acquired after 1 July 2008, and to record this land using the cost method. In order to create consistency across the sector, Local Government Victoria (LGV) has since issued notice that all Councils are required to include all Land Under Roads (including those acquired before 1 July 2008) valued at fair value (not cost). These changes are to take effect by the end of the 2017-18 financial year. Officers have delayed the change in valuation methodology for as long as possible due to some uncertainty in the industry around the longevity of the accounting standard. However there has been no definitive change in the LGV advice, and therefore compliance should be implemented this year. Council Officers contracted LG Valuation Services to provide a valuation of all land under roads, at fair value in accordance with the LGV guidance. The completed valuation, effective 1 January 2018, is attached for the Committee’s review. The total fair value of Council’s land under roads is assessed at $11.3m. Compared to the carrying value of land under roads at 30 June 2017 in Council’s 2016-17 Financial Statements, this is an uplift of $10.2m. Statutory Requirements The Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014 require Council financial reports to be prepared in accordance with Australian Accounting Standards, and the Local Government Model Financial Report.

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7.5 Land Under Roads Valuation cont. Council Plan Strategic Objective 5.3: Our organisation transparently reports on its performance through a comprehensive reporting and audit framework. Financial Adopting the fair value of all land under roads will significantly increase the value of Council’s non-current assets for reporting purposes. It will also create a one off, non cash increase to income of $10.2 million. Social There is no significant social impact in relation to this matter. Environmental There are no environmental impacts related to this matter. Economic There is no significant economic impact in relation to this matter. Risk Management The Victorian Auditor General has recommended that all valuations are reviewed by the Audit & Risk Advisory Committee prior to adoption of the data. Community Engagement There has been no community engagement on the matter. Officer’s Comments The full valuation report received from LG Valuation Services is attached. D. MacKenzie/P. Volkering: That the Audit and Risk Advisory Committee recommend that officers adopt the Land Under Roads Valuation performed by LG Valuation Services. Carried

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ATTACHMENT 7.5

VALUATION OF LAND UNDER ROADS

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7.6 Mansfield Shire Council Gifts, Benefits and Hospitality Annual Report File Number: E501 Responsible Officer: Governance Co-ordinator, Dawn Bray Disclosure of Conflicts of Interest The author of this report has declared no conflict of interest in relation to this matter. Introduction In accordance with Council’s Gifts, Benefits and Hospitality Policy (attached), it is a requirement that an annual report of the Gifts Register be provided to the Mansfield Shire Audit and Risk Advisory Committee within three months of the end of the calendar year. The attached table, from 1 January 2017 to 31 December 2017, provides the following information: • Recipient of a gift, benefit or hospitality • Who the gift, benefit or hospitality was provided/offered by • Date the gift, benefit or hospitality was received • Description of the gift, benefit or hospitality • Estimated value of the gift, benefit or hospitality • Chief Executive Officer’s decision in relation to the gift, benefit or hospitality. The data provided is for the Committee’s information only and in accordance with Council Policy. Background Mansfield Shire Council recognises that Councillors and Council officers will, on occasion, be offered gifts, benefits and hospitality. There are distinctions, however, between token gifts of appreciation from a member of the community or in gratitude for a presentation or attendance at a meeting and offers of more substantial hospitality and gifts which have the potential to raise a potential perceived and/or inadvertent conflict of interest. A guiding principle of Council’s Policy is that Councillors or staff must not accept a gift, benefit or hospitality if it could be perceived as intended to, or likely to, influence him or her in the fair, impartial and efficient discharge of their duties as a Councillor or staff member. While each Councillor and officer must take personal responsibility for complying with the Act and the relevant code of conduct, it is considered that the organisation should provide advice to ensure compliance with legislation. The Gifts, Benefits and Hospital Policy, reviewed in December 2017, is designed to ensure transparency and that the principles of good governance are practiced by Councillors and staff when receiving gifts and hospitality in the course of their duties. Part of the process for the declaration of gifts, benefits and hospitality is the completion of a standard form which, once approved by the Chief Executive Officer, is registered on

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7.6 Mansfield Shire Council Gifts, Benefits and Hospitality Annual Report cont. Council’s Gifts Register database. A copy of this form can be found appended to the attached Policy. Statutory Requirements The Local Government Act 1989 (the Act) is explicit in its instructions around Councillors and Staff managing conflicts of interest. Section 78C (indirect interest because of receipt of an applicable gift) of the Local Government Act 1989 outlines the requirements in relation to the acceptance of gifts and hospitality, namely:

(2) A person has an indirect interest in a matter if the person has received an applicable gift, directly or indirectly, from— (a) a person who has a direct interest in the matter; or (b) a director, contractor, consultant, agent or employee of a person, company or

body that the person knows has a direct interest in a matter; or (c) a person who gives the applicable gift to the person on behalf of a person,

company or body that has a direct interest in the matter. Council Plan The Mansfield Shire Gifts, Benefits and Hospitality Policy and Procedures falls in line with the Responsible Leadership Strategic Objective “to achieving the highest standards of good governance…”. Financial Nil. Social The Gifts Register ensures that the declaration of a gift, benefit and hospital by Councillors and staff, is recorded in accordance with Council Policy. Environmental Nil. Economic Nil. Risk Management This Gifts Register ensures transparent recording and reporting of any gifts, hospitality and benefits received by Councillors or Officers and assists in ensuring compliance with the Act.

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7.6 Mansfield Shire Council Gifts, Benefits and Hospitality Annual Report cont. Community Engagement There is no community engagement required in relation to the declaration of gifts, benefits or hospitality, however Council’s Gifts Register is available for public inspection in accordance with Council Policy. Officer’s Comments All gifts, benefits and hospitality with a value over $50 received by Councillors or Council officers must be declared and listed on the Gifts Register, however Councillors and staff are encouraged to complete the appropriate Gift Register form even for minimal amounts. Gifts, benefits and hospitality that have been declined by a Councillor, staff member or by CEO decision are recorded appropriately within the register. P. Volkering/R. Bennett: That the Mansfield Shire Audit and Risk Advisory Committee note the Gifts, Benefits and Hospitality Annual Report 2017 as provided. Carried

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ATTACHMENT 7.6

COUNCIL GIFT REGISTER – ANNUAL REPORT

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GIFTS, BENEFITS AND HOSPITALITY POLICY AND

PROCEDURES

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8. FINANCIAL AND PERFORMANCE REPORTS Duties and responsibilities of the Committee: • To review the draft annual financial report with management and external auditors

prior to the approval by Council, focusing on: o Significant changes in accounting policies and practices o Significant audit adjustments o Compliance with accounting standards and other reporting requirements o Significant variances from previous years

• Discuss with the external auditor issues arising from the audit, including any management letter issued by the auditor.

• To review the draft annual performance statement prior to presentation to Council and recommendation for adoption

• Review the information included in Council’s annual report to ensure it is consistent with the signed financial statements.

8.1 Finance Report: 1 July to 31 January 2018 File Number: E24 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction This finance report provides information on Council’s operating and capital performance against the 2017-18 Budget. Favourable variances are reported as positive values, while unfavourable variances are negative values. The following attachments form part of this month’s financial report: • Income and Expenditure Report • Operating Finance Report – Income and Expenditure • Capital Finance Report – Income and Expenditure • Balance Sheet • Statement of Cash Flows Background Council, at its Special meeting of 27 June 2017, adopted the budget for the 2017-18 financial year. Variances have been reported against the original 2017-18 Budget. Statutory Requirements Under Section 138 of the Local Government Act 1989, at least quarterly a report comparing expenses and revenue to budget must be presented to the Council.

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8.1 Finance Report: 1 July to 31 January 2018 cont. Council Plan The financial report is in line with the Council plan goal of Responsible Leadership and Financial Sustainability. Financial The reports attached provide the opportunity for regular review of Council’s financial position to ensure compliance with budgets. Social Nil. Environmental Nil. Economic Nil. Risk Management Regular financial reporting is part of Council’s financial strategy to ensure budgets are complied with and ensure the short to medium term financial sustainability of Council. Community Engagement The report forms part of the Council meeting agenda and minutes which are public documents. Officer’s Comments Operating Finance Report: Operating Income & Expenditure: Actual against Budget The year to date operating result is favourable against the 2017-18 Budget by $1.2m (19%). Major variances are summarised below. Unfavourable Variances

• $32k Emergency Management – Flood Management response from December floods. A natural disaster claim will be made to recoup costs.

• $581k Salaries & Wages Clearing – timing issue. All leave accruals are updated at year end.

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8.1 Finance Report: 1 July to 31 January 2018 cont. Favourable Variances

• $106k Chief Executive Office – Timing of Indi Telecommunication Project. We expect to be invoiced for Council’s $100k contribution in the coming months.

• $103k Aged & Disability Services – HACC expenses under budget YTD $42k, primarily salaries due to less clients to service (NDIA clients moved over in October). Planned activities income over budget $29k due to quarterly payment received in advance. Expecting some savings (approx. $65k) in this area for 2017-18.

• $97k Arts, Culture & Library – Full year of grant income received in advance. Also there is a timing delay in the payment of the contribution to the Hub.

• $42k Emergency Management Recovery – Full year grant income received in advance.

• $159k Family Youth & Children’s Services – Grant income for Maternal and Child Health and Integrated Family Services is higher than budgeted. Various timing variances particularly in relation to Youth Projects including Freeza.

• $35k Customer Service & Records – Savings made in relation to wages and postage in particular. Also some timing variations in relation to software costs ($12k).

• $49k Human Resources – Expenses under budget YTD across recruitment costs, consultants and training. Savings in this area (approx $31k for 2017-18) will be offset against costs associated with the website development.

• $42k Statutory Planning – Planning fees (income) are higher than budgeted YTD due to increased number of applications, and an increase in the statutory fee.

• $64k Strategic Planning – reduced head count. • $92k Waste Management – Income higher than budgeted due to supplementary

rates and increased adhoc collection services. • $177k Engineering Services – Timing of consultancy costs $64k which will be used

for valuation of assets. Wages under budget to due to staff vacancies throughout the year and asset management position.

• $98k Parks & Gardens – Plant hire (offset by under recovery of plant income), wages and material and services under budget YTD. Partly relates to timing of projects which increase over spring.

• $403k Road Network Maintenance – Rural Roads currently under budget $368k, which includes $234k wages, $107k Plant hire (internal charge only), and $40k Materials. Urban Roads also under budget $46k, which includes $32k wages and $9k materials.

• $87k Financial Services –Wages under budget YTD and interest on investments is higher than budgeted, due to higher cash balances being held compared to expectations.

• $101k Revenue Services - Rate income higher than budgeted by $73k YTD due to supplementary rates. Debt collection costs and postage are under budget.

Capital Works: Capital Income & Expenditure: Actual against Forecast The net year to date capital works variance (net of capital income) is $684k favourable to the 2017-18 Budget. Major variances are summarised below.

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8.1 Finance Report: 1 July to 31 January 2018 cont. Unfavourable Variances

• $224k Roads – The $153k variance for Ogilvies Rd Reconstruction relates to additional safety improvements which were not included in the original scope. The contractor has completed defect rectification. A final seal ($105k) is expected to be complete at the end of February. Telemark Court was a 2016-17 project, which was partly delayed due to weather. Project costs in 2017-18 are expected to total approx. $58k.

• $21k Sport & Recreation - Hit Up Wall income of $81k was received in June 2017 in advance. This project is currently being re-tendered due to unsatisfactory initial tender response. Swimming pool refurbishment is partly carry forward budget from 2016-17.

Favourable Variances

• $546k Bridges & Culverts – Deadhorse Lane / Withers Lane Culvert project is now complete. Carried forward $423k to 2017-18 budget however much of this work was actually completed in 2016-17.

• $126k Information Technology – New planning system has not yet been selected. • $59k Land – $34k sale of land was unbudgeted. Heavy Vehicle Bypass land

purchase is underway but not yet complete. • $175k Plant – Mainly timing of budget, however some savings (approx $70k) are

expected to be made in this area. Overall Position: Operating Variance Favourable/(Unfavourable) $1,203,375 Capital Variance Favourable/(Unfavourable) $684,111 Total Variance Favourable/(Unfavourable) $1,887,486 Balance Sheet: Current Assets: Cash and investments total $8.5m and includes $7m general investments and $257k for the Cemetery Trusts. Net current receivables of $6.2m, includes rates debt of $5.9m, sundry debtors of $190k and loan debtors of $41k. Loan debtors represent the principal not yet due for payment in relation to street schemes where residents have opted to repay over an agreed term and community group loans. Debtors are being monitored and regular follow up action taken to minimise any write offs. Council is generally owed money for the GST input tax credit and BASs are lodged monthly. All legislative requirements are being met.

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8.1 Finance Report: 1 July to 31 January 2018 cont. Current Liabilities: The major items here are provisions of $2m ($1.6m employee benefits & $381k landfill) and trust funds of $706k. Trust funds include $257k Cemetery Trust, $394k Refundable Deposits and $54k Fire Services Levy. Fire Services Property Levy collections are held in trust until forwarded to the State Revenue Office. Current Ratio: 5.11 : 1 The high working capital ratio is reflective of the full year rates income being raised in August and reported as a current asset (debtors). Two of four rate instalment notices have fallen due. Non-Current Assets: These include all infrastructure assets and for the purpose of this report the cost of the 2017-18 capital works has been treated as WIP and added to the balance sheet here. Non-Current Liabilities: Major items here include loan liability $2.5m. H. Westendorp/P. Volkering: That the Audit and Risk Advisory Committee receive the Finance Report for the period 1 July 2017 to 31 January 2018. Carried

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ATTACHMENT 8.1

FINANCE REPORT: JULY 2017 - JANUARY 2018

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8.2 VAGO Management Letter Issues File Number: E3431 Responsible Officer: Finance Manager, Mandy Kynnersley Disclosure of Conflicts of Interest There are no conflicts of interest in relation to the matters within this report. Introduction A progress report as at 8 February 2018 is attached for the Committee’s review. The report details the open management letter issues raised by the Victorian Auditor-General’s Office (VAGO) from previous interim and final external audits. Background On completion of the financial audits (interim visit is usually around April and final visit usually around August) VAGO issue a management letter that details all control deficiencies or issues identified, and recommendations for rectification. The report is usually presented to the ARAC by the Audit Partner on completion of each audit. Officers report to the ARAC quarterly on the progress against these recommendations. Statutory Requirements There are no statutory requirements in relation to this matter Council Plan Theme: Responsible leadership. Strategy 5.3: Our organisation transparently reports on its performance through a comprehensive reporting and audit framework. Strategy 5.5: We have a strong framework in place to proactively mitigate risk Financial There are no direct financial implications in relation to this matter. Social There are no social implications in relation to this matter. Environmental There are no environmental implications in relation to this matter

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8.2 VAGO Management Letter Issues cont. Economic There are no economic implications in relation to this matter Risk Management The VAGO audit is a key piece of Council’s internal control framework. Officers timely progress against outstanding management letter points is essential to ensure risk mitigation is maximized. As at February 2018 there is one item that has not been addressed within the agreed timeframe: Asset Revaluations (due 30 May 2017): No asset valuations were completed for 2016-17 and therefore could not be tabled before the Audit and Risk Advisory Committee in May. Valuations for bridges are currently underway by a contractor. Valuations for drainage are currently being performed internally. Both will be brought to the ARAC at the May meeting in 2018. Community Engagement There has been no direct community engagement in relation to this matter, however the minutes of the ARAC meetings are included in the following Council meeting agenda papers which are public documents and made available for review on Council’s website. Officer’s Comments The VAGO Management Letter Points status report is attached for the Committee’s review. D. MacKenzie/H. Westendorp: That the Audit and Risk Advisory Committee note the attached VAGO Management Letter Point Status report. Carried

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ATTACHMENT 8.2

OMNI REPORT – VAGO MANAGEMENT LETTER

POINTS

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9. OTHER BUSINESS 9.1 Update was provided by Finance Manager on the current recycling crisis in China. 10. NEXT MEETING The next meeting of the Audit and Risk Advisory Committee will be held on Monday, 21 May 2018 in the Council Chamber commencing at 4.30 pm for Committee members with officers attending from 5.00 pm. 11. CLOSURE OF MEETING There being no further business the meeting concluded at 6.25 pm.

CONFIRMED this Twenty First day of May 2018.

________________________________Chair

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Meeting Date: Thursday 22 February 2018 Chairperson: Cr Paul Volkering File No. E1511

Time: 6.00pm Location: Mansfield Shire Council – Council Chambers 33 Highett St, Mansfield

Attendees: Paul Volkering, Kathy Richardson, John Owen, Will Twycross Apologies: Graeme Stoney, Val Davis, Neil Ogilvie, Colleen Reynolds



1.1 Minutes of Previous Meeting

The Minutes of the previous meeting held 06 December 2017 were not passed as received and confirmed as read. No quorum, so minutes were not passed. Will Twycross said that the “agreement to disagree” related to the use of consultants and that an undertaking had been made to maintain staff at the Visitor Information Centre during the process. He wanted this noted in the minutes.

All to note

1.2 Station Precinct Project Held over to next meeting Will Twycross

1.3 Roundabout Landscaping Vic Roads has approved the bird sculptures. Engineering has a budget request pending of $40000 to undertake plantings and sculpture works. Kathy Richardson

1.4 Landcare Held over pending new representative

1.5 GADHABA Edible/Medicinal GardenLandcare Held over to next meeting Neil Ogilvie

1.6 Group Charter

Charter – Page 1. Dot Point 2 add ‘d” to staged WT suggested new membership from younger community members PV – Leaders from Secondary College from years 11 or 12 to provide youth aspect WT – thought this may lack continuity with a change each year and suggested years 10 -11 Add to Charter re Membership : 2 x secondary school students and add U3A or Rotary to representatives from Service Clubs

Paul Volkering

Will Twycross

Mansfield Parks and Precincts Advisory Committee MINUTES

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ITEM SUBJECT BUSINESS RESP. OFFICER Council to contact all groups to find a representative As not all places on the committee might be filled from time to time, official membership should be who is on the committee at any given time. A new meeting time of 5.30pm was agreed

1.7 Strategic Issues

Tree Audit/Condition Rating/Replacement Program Action – Committee to review 2014 Urban Tree Plan Botanic Park Action – Weed Management Strategy Botanic Park Management Plan Action – Group to review and formulate strategy. In need of Masterplan particularly with the donation of the Canavan land in the next 5 years

Neil Ogilvie

1.8 Tree Replacement Program KR tabled draft street tree list Corymbia Citriodora – maybe too brittle and susceptible to frost - John Owen Kathy Richardson


2.1

Lombardy Poplars on Maroondah Highway – Could they be taken out? - John Owen. This is an avenue of honour so may require consultation as sensitive – Will Twycross. Maintenance program in High Street – grass is looking weedy – Paul Volkering Muddy strip next to kerb. Could we do a concrete or grasscrete strip ? Paul Volkering and Kathy Richardson Highett Street- grass is brown. Can other species be looked into? - Paul Volkering. PV to investigate . Pine Trees at Benalla Rd Bridge, one looks unwell. – Paul Volkering

3. NEW BUSINESS:

3.1 Pathways Walking tracks and connections are required to make a connection right around town - John Owen

4. NEXT MEETING:

4.1 Next Meeting Wednesday 4 April 2018, 5.30pm in the Council Chambers. (Meetings are held bi-monthly, usually on the first Wednesday)

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317.

13. AUTHORISATION OF SEALING OF DOCUMENTS

Nil. 6.53pm SUSPENSION OF STANDING ORDERS Councillors Olver/Attley: That Council suspend standing orders to facilitate public question time.

Carried 14. PUBLIC QUESTION TIME There were no questions from the Gallery. 6.54pm RESUMPTION OF STANDING ORDERS Councillors Sladdin/Attley: That Council resume standing orders.

Carried 15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC

That pursuant to the provisions of Section 89(2) of the Local Government Act 1989, the meeting be closed the public in order to consider: (a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would

prejudice the Council or any person; (i) a resolution to close the meeting to members of the public.

Councillors Sladdin/Attley: That the meeting be closed to members of the public under Section 89(2) of the Local Government Act 1989, specifically the following sub-section: (d) contractual matters; (h) any other matter which the Council or special committee considers would

prejudice the Council or any person. (i) a resolution to close the meeting to members of the public.

Carried

Council officers Steven Hicks and Jack Francis departed the Council Chamber and the meeting.

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Councillors Attley/Olver: That the meeting be reopened to members of the public.

Carried

16. CLOSE OF MEETING

There being no further business the meeting concluded at 7.26pm.

CONFIRMED this seventeenth day of April 2018.

________________________________ Mayor

Documents

MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council · 7. REPRESENTATIONS . Item 10.2.1 - P117/17 3 Collopy Street, Mansfield – Microbrewery • Mr Tom Walsh • Ms Ellen Hogan