28 january 2015 public minutes

Ordinary Council Meeting

28 January 2015

Council Chamber, Town Hall, Sturt Street, Ballarat

MINUTES

Public Copy

Council Meeting Minutes 28 January 2015

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MINUTES OF A MEETING OF BALLARAT CITY COUNCIL HELD IN THE COUNCIL CHAMBER, TOWN HALL, STURT STREET, BALLARAT ON

WEDNESDAY 28 JANUARY 2015 AT 7.00PM.

Anthony Schinck Chief Executive Officer

MINUTES ORDER OF BUSINESS:

1. OPENING DECLARATION ............................................................................... 4

2. APOLOGIES FOR ABSENCE .......................................................................... 4

3. DECLARATION OF CONFLICTS OF INTERESTS ......................................... 4

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

5. PUBLIC QUESTION TIME & SUBMISSIONS ON AGENDA ITEMS ............... 5

6. MOTIONS ON NOTICE (NIL) .......................................................................... 9

7. GENERAL BUSINESS WITHOUT NOTICE ..................................................... 9

8. COUNCILLOR/DELEGATES’ REPORTS ...................................................... 12

9. PETITIONS (NIL) ........................................................................................... 12

10. MAYOR'S REPORT (NIL).............................................................................. 12

11. CHIEF EXECUTIVE OFFICER'S REPORT (NIL) .......................................... 12

12. OFFICER REPORTS ...................................................................................... 13

12.1 PLP/2014/495 CONSTRUCTION OF 13 DWELLINGS AND REMOVAL OF VEGETATION AT 203 AND 203A WENDOUREE PARADE, LAKE WENDOUREE ............................................................ 13

12.2 CHRISTMAS PROJECT 2014 REVIEW ................................................ 15

12.3 ADOPTION OF THE BALLARAT WEST MAJOR ACTIVITY CENTRE URBAN DESIGN FRAMEWORK ........................................................... 17

12.4 ADOPTION OF MUNICIPAL EARLY YEARS PLAN 2015-2018 ........... 18

12.5 PLP/2014/832 BALLARAT WEST MAJOR ACTIVITY CENTRE AT 315 GLENELG HIGHWAY, SMYTHES CREEK .................................... 19

12.6 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 2014 COUNCILLOR REPORT TO COUNCIL ................................................ 28

12.7 AMENDMENT C173 WOODMANS HILL GATEWAY PRECINCT MASTER PLAN - POST PANEL CONSIDERATION ............................. 29

12.8 PROJECT CHARTER FOR THE LAKE ACTIVATION STRATEGY ...... 31

12.9 VICTORIA PARK MASTER PLAN AND BALLARAT SHOW GROUNDS RELOCATION PROJECTS ................................................ 32

12.10 AMENDMENTS C192 AND C193 HERITAGE PROTECTION AT 80 HOWE STREET, MINERS REST .......................................................... 33

12.11 POSITIVE AGEING ADVISORY COMMITTEE TERMS OF REFERENCE ......................................................................................... 35


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12.12 ART GALLERY OF BALLARAT GOVERNANCE ARRANGEMENTS ... 36

12.13 MINISTERIAL EXEMPTION FOR CONFLICTS IN MATTER - PLP/2014/594 CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY AND ASSOCIATED WORKS ................................................ 37

12.14 BALLARAT FRIENDS OF AINARO COMMUNITY SPECIAL COMMITTEE REPORT TO COUNCIL - 14 APRIL 2014, 19 MAY 2014, 16 JUNE 2014, 21 JULY 2014, 18 AUGUST 2014 AND 20 OCTOBER 2014 .................................................................................... 38

12.15 COMMUNITY IMPACT SPECIAL COMMITTEE REPORT TO COUNCIL - 18 NOVEMBER 2014 ......................................................... 39

12.16 CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO COUNCIL - 5 NOVEMBER 2014, 19 NOVEMBER 2014, 3 DECEMBER 2014 AND 17 DECEMBER 2014 ...................................... 40

12.17 AUDIT ADVISORY COMMITTEE REPORT TO COUNCIL - 26 NOVEMBER 2014 ................................................................................. 41

12.18 INSTRUMENT OF APPOINTMENT AND AUTHORISATION (PLANNING AND ENVIRONMENT ACT 1987) ..................................... 42

12.19 OUTSTANDING QUESTION TIME ITEMS REPORT ............................ 43

13. GENERAL BUSINESS – MATTERS ARISING FROM THE AGENDA .......... 44

14. ITEMS IN CAMERA - CONFIDENTIAL REPORTS ........................................ 45

14.1 CONFIDENTIAL ATTACHMENT - ART GALLERY OF BALLARAT GOVERNANCE ARRANGEMENTS ...................................................... 45 (Contractual matters)

14.2 CONFIDENTIAL ATTACHMENT - COMMUNITY IMPACT SPECIAL COMMITTEE REPORT TO COUNCIL - 18 NOVEMBER 2014 ............. 46 (Any other matter which the Council or special committee considers would prejudice the Council or any person)

14.3 CONFIDENTIAL ATTACHMENT - CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO COUNCIL - 5 NOVEMBER 2014, 19 NOVEMBER 2014, 3 DECEMBER 2014 AND 17 DECEMBER 2014 .................................................................................. 47 (Any other matter which the Council or special committee considers would prejudice the Council or any person)

14.4 CONFIDENTIAL ATTACHMENT - AUDIT ADVISORY COMMITTEE REPORT TO COUNCIL - 26 NOVEMBER 2014 ................................... 48 (Any other matter which the Council or special committee considers would prejudice the Council or any person)


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1. OPENING DECLARATION Councillors: “We the Councillors of the City of Ballarat, declare that we will carry

out our duties in the best interests of the community, and through collective leadership, will maintain the highest standards of good governance.”

Mayor: “I respectfully acknowledge the Wadawurrung and Dja Dja Wurrung People, the traditional custodians of the land, and I would like to welcome members of the public in the gallery.”

2. APOLOGIES FOR ABSENCE

2.1. Present Mayor John Philips Cr. Belinda Coates Cr. Vicki Coltman Cr. Des Hudson Cr. Peter Innes Cr. Amy Johnson Cr. Samantha McIntosh Mr. Anthony Schinck - Chief Executive Officer Ms. Natalie Reiter - General Manager, City Strategy Mr. Eric Braslis - General Manager, City Infrastructure Mr. Neville Ivey - General Manager, People and Communities Ms. Annie De Jong - Chief Information Officer Ms. Jessie Keating - Coordinator Strategic Land Use Planning Mr. Tim Gray - Principal Urban Designer Ms. Rosemarie Calvert – Manager Family and Children's Services Ms. Tamsin Parke - Governance Administration Officer Ms. Maxine Vallance - Governance Administration Officer

2.2. Apologies Cr. Glen Crompton

RESOLUTION: That the apology be accepted.

Moved: Cr. Hudson CARRIED Seconded: Cr. Coltman (R001/15)

3. DECLARATION OF CONFLICTS OF INTERESTS

3.1. DIRECT INTERESTS (Nil)

3.2. INDIRECT INTERESTS

Cr. Samantha McIntosh declared an indirect Conflict of Interest in Public Question Time (QT1/15, QT2/15, QT3/15 and QT4/15) - under section 78B Conflicting Duties of the Local Government Act 1989 - due to employer’s close association with this property. Cr. McIntosh left the meeting at 7.03pm and returned at 7.13pm. Cr. McIntosh was absent whilst these matters were being discussed.


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4. CONFIRMATION OF MINUTES RESOLUTION: That the Minutes of the Council Meeting on 10 December 2014 be confirmed with amendment to QT258/14.

Moved: Cr. Innes CARRIED Seconded: Cr. Hudson (R002/15)

5. PUBLIC QUESTION TIME & SUBMISSIONS ON AGENDA ITEMS

5.1. PUBLIC QUESTION TIME Cr. Samantha McIntosh declared an indirect Conflict of Interest – in Item (QT1/15) – under section 78B Conflicting Duties of the Local Government Act 1989 – due to employer’s close association with this property. Cr. McIntosh left the meeting, the time being 7.03pm. QT1/15 Peter Wills, Golden Point – In regards to the site known as 12 Dunn Street, Golden Point; the old Golden Point State School; and William Dunstan Reserve (the Site), does Council endorse the transfer of property without transparent accountability, due process and public input? Anthony Schinck - Chief Executive Officer: Council, through the historical information available to the organisation, researched the history of the transactions that have resulted in the current land status for the Site and provided that information to Mr. Wills and other stakeholders. Providing information and understanding of the history to Council and stakeholders is not an endorsement of the process undertaken by State Government. QT2/15 Peter Wills, Golden Point – In regards to the Site identified in QT1/15, can Council provide an explanation of the legal basis of the decision to sell land designated as public park without public gazetting and public input? Anthony Schinck - Chief Executive Officer: The transaction of this land was conducted between the then State Government and a third party. It is up to the State Government to defend decisions made by the State Government. QT3/15 Frank Williams, Invermay Park – At the Council meeting held on 10 December 2014, Council resolved (R456/14) to approve a 10 lot subdivision at 11 Dunn Street, Golden Point. Is it usual practice for Council to vote on a Planning Permit Application for one stage of a multi-stage development? Natalie Reiter - General Manager, City Strategy: At the Council meeting held 10 December 2014 Council resolved to approve the sub-division of 11 Dunn Street, Golden Point. Any future requests for development of this site will go through the appropriate approval processes.


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QT4/15 Frank Williams, Invermay Park – At the Council meeting held on 10 December 2014, Council resolved (R456/14) to recommend a cash in lieu settlement for the 5% Recreation Levy. Why did the Report recommend a 5% cash contribution from the developer as opposed to land being allocated within the development to soften the development? Natalie Reiter - General Manager, City Strategy: The standard process is for Council to request 5% in monetary terms to provide an opportunity to consider how best those funds might be allocated locally. In this instance, given the proximity of other open space it was considered that the funds could be used to enhance these spaces and possibly provide an appropriate commemoration to William Dunstan. Cr. McIntosh returned to the meeting, the time being 7.13pm. QT5/15 Garry Fitzgerald, Ballarat East – In regards to QT256/14 from the 26 November 2014 Council meeting and Council’s proposed review of the rules of Public Question Time, when will this review be undertaken, will this review also include Public Representations and will Council consider the inclusion of public input in conducting the review? Anthony Schinck - Chief Executive Officer: Council’s Local Law No. 18 – Meeting Procedure Local Law is presently under review. Council has already had a range of discussions on strategies to improve engagement with the community through our meeting process and other forums. Opportunities will be made available to the community for public consultation and engagement on this issue. Cr. Coltman: Council is one of few councils that provide for an open forum at a Council meeting in Public Question Time without the need for submitting questions prior to the meeting. Council continues to investigate how it can increase opportunity and media for community engagement. QT6/15 Garry Fitzgerald, Ballarat East – Can Council indicate what it’s priorities are for the next two years in regard to moving ahead on long-standing issues such as the Saleyards, Victoria Park, Civic Hall and the Show Grounds? Mayor Philips: These longer-term projects are all key priorities and as such need careful consideration and work by Council in progressing them.


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QT7/15 Robert Scott, Newington – Council’s website notes that Victoria Park was vested in the City of Ballarat by the Victorian Government as a restricted Crown grant in 1888 for the purposes of a public park. I understand that in 2009 Victoria Park was surrendered back to the Crown and that Council were then appointed Committee of Management to maintain Victoria Park. Why wasn’t there a meeting of the people of Ballarat to approve this recommendation? Eric Braslis - General Manager, City Infrastructure: Taken on Notice. QT8/15 Robert Scott, Newington – I wanted to attend Council’s Australian of the Year presentation but was unable to locate the information on the website. Was information on this event available and if so, where? Natalie Reiter - General Manager, City Strategy: Notice of the event details were posted before the event and were available from the website on the Friday preceding it. Council will work on improving search functionality on the website. QT9/15 Barry Hood, Lake Wendouree – In the naming of the Indoor 50m Pool at the Ballarat Aquatic and Lifestyle Centre, will Council consider a proposal to formally recognise Mr. Morgan Murphy and Mr. Tom Curry for their 50 years of service to the Ballarat community in the field of swimming? Cr. Hudson: Council acknowledges the long-term voluntary work of Mr. Murphy and Mr. Curry in supporting and promoting swimming and the Ballarat Aquatic and Lifestyle Centre and recognises that a number of other people have also made valuable contributions to swimming through their work in the community. In formally naming the Indoor 50m Pool at the Ballarat Aquatic and Lifestyle Centre Council will need to consider commercial opportunities and the potential to honour individuals and groups who have made significant contributions. Mayor Philips: I request a briefing to a Councillors’ Assembly regarding proposals and commercial considerations on the formal naming of the Indoor 50m Pool at the Ballarat Aquatic and Lifestyle Centre. Anthony Schinck - Chief Executive Officer: A briefing will be provided to a Councillors’ Assembly.


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QT10/15 Peter Millican, Kamilaroi – Has the proposal to name the new suburb in the Ballarat West Growth Zone Mullawallah been abandoned and if so, why? Anthony Schinck - Chief Executive Officer: At the Council meeting held on 10 December 2014 Council resolved (R453/14) to develop and commence a new engagement process to name the suburb, aimed at engaging more of the community in proposing and determining a name for the new suburb. Mullawallah will be considered as part of the process. Council will consider a Report on the new engagement process at a future meeting of Council. QT11/15 Brian Pola, Ballarat Central – In regards to Agenda Item 12.9 Victoria Park Master Plan And Ballarat Show Grounds Relocation Projects, will Council consider deferring the decision on both recommendations? Mr. Pola advised that no response was required. QT12/15 Brian Pola, Ballarat Central – Will Council reconsider Mullawallah as a name for the new suburb in the Ballarat West Growth Zone? Mr. Pola advised that no response was required.

5.2. PUBLIC REPRESENTATIONS Mr. Graeme Hawley registered to make a public representation on Agenda Item 12.1 PLP/2014/495 Construction of 13 Dwellings and Removal of Vegetation at 203 and 203a Wendouree Parade, Lake Wendouree. Ms. Ruth Hawley registered to make a public representation on Agenda Item 12.1 PLP/2014/495 Construction of 13 Dwellings and Removal of Vegetation at 203 and 203a Wendouree Parade, Lake Wendouree. Mr. Paul Donoghue registered to make a public representation on Agenda Item 12.1 PLP/2014/495 Construction of 13 Dwellings and Removal of Vegetation at 203 and 203a Wendouree Parade, Lake Wendouree. Ms. Kayelene Chevalier-Donoghue registered to make a public representation on Agenda Item 12.1 PLP/2014/495 Construction of 13 Dwellings and Removal of Vegetation at 203 and 203a Wendouree Parade, Lake Wendouree. Mr. Neville Richards registered to make a public representation on Agenda Item 12.1 PLP/2014/495 Construction of 13 Dwellings and Removal of Vegetation at 203 and 203a Wendouree Parade, Lake Wendouree. Ms. Jeanne Wheeler registered to make a public representation on Agenda Item 12.1 PLP/2014/495 Construction of 13 Dwellings and Removal of Vegetation at 203 and 203a Wendouree Parade, Lake Wendouree. Mr. Peter Vernon registered to make a public representation on Agenda Item 12.1 PLP/2014/495 Construction of 13 Dwellings and Removal of Vegetation at 203 and 203a Wendouree Parade, Lake Wendouree.


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Ms. Katherine Cape registered to make a public representation on Agenda Item 12.4 Adoption of the Municipal Early Years Plan 2015-2018. Ms. Desley Beechley registered to make a public representation on Agenda Item 12.4 Adoption of the Municipal Early Years Plan 2015-2018. Mr. John Edwards registered to make a public representation on Agenda Item 12.5 PLP/2014/883 Ballarat West Major Activity Centre at 315 Glenelg Highway, Smythes Creek. Mr. Mike Kauffman registered to make a public representation on Agenda Item 12.7 Amendment C173 Woodmans Hill Gateway Precinct Master Plan – Post Panel Considerations. Mr. Jeff Rootes registered to make a public representation on Agenda Item 12.7 Amendment C173 Woodmans Hill Gateway Precinct Master Plan – Post Panel Considerations. Mr. Robert Scott registered to make a public representation on Agenda Item 12.9 Victoria Park Master Plan and Ballarat Show Grounds Relocation Project. Mr. Gerard Ballinger registered to make a public representation on Agenda Item 12.9 Victoria Park Master Plan and Ballarat Show Grounds Relocation Project. Mr. Grant Tillett registered to make a public representation on Agenda Item 12.10 Amendments C192 and C193 Heritage Protection at 83 Howe Street, Miners Rest. 6. MOTIONS ON NOTICE (Nil) 7. GENERAL BUSINESS WITHOUT NOTICE GB1/15 Cr. Amy Johnson – I request a briefing to a Councillors’ Assembly outlining a process for the review of the Footpath Trading Policy. I request that this briefing come back to Councillors’ Assembly within three weeks, specifically outlining a process for: 1. Exploring the potential to scrap the permit application fee for footpath

dining, thus removing red tape and making it less cumbersome for businesses to implement foothpath dining.

2. Develop a comprehensive campaign encouraging traders to participate in foot path dining.

3. Review the current restrictions around the construction of permanent outdoor dining structures.

4. Comprehensively consult with traders and residents, as well as bodies like Commerce Ballarat and Ballarat Regional Tourism regarding the Foothpath Trading Policy.

Anthony Schinck - Chief Executive Officer: A briefing will be provided to a Councillors’ Assembly.


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GB2/15 Cr. Amy Johnson – I request a briefing to a Councillors’ Assembly within six weeks regarding the current arrangements around Australia Day celebrations and outlining a process for consultation with the community about the type of events and activities residents would like to see and participate in. Anthony Schinck - Chief Executive Officer: A briefing will be provided to a Councillors’ Assembly. GB3/15 Cr. Amy Johnson – I request a briefing to a Councillors’ Assembly regarding Council’s Economic Development Strategy, specifically addressing job creation. Anthony Schinck - Chief Executive Officer: A briefing will be provided to a Councillors’ Assembly. GB4/15 Cr. Belinda Coates – I request a briefing to a Councillors’ Assembly regarding an update on the proposed Trans Pacific Partnership and the impacts on Local Government. Anthony Schinck - Chief Executive Officer: A briefing will be provided to a Councillors’ Assembly. GB5/15 Cr. Vicki Coltman – I acknowledge the contributions of Ballarat recipients of the Australia Day 2015 Honours and request that Council write to congratulate the following:

Mrs. Joan Garner OAM for her service to the community through conservation and preservation of the Ballarat Botanical Gardens;

Mr. Garry Snowden OAM for his service to the conservation of historic sites of Australian military significance;

Mrs. Carole Oliver OAM for her service to the performing arts through dance education;

Dr. Peter Casey AM for his services to secondary education as an administrator and teacher, to professional organisations and to the community of Ballarat;

Mr. Paul Jenkins OAM for his service to the community of Ballarat in a variety of leadership roles with groups inlcuding as Rotary and the Country Fire Authority;

Professor Kerry Cox OAM for his service to tertiary education, university administration and the community; and

Ms. Alison Teese OAM for her service to conservation and the environment in Victoria.

Mayor Philips: Council will write to acknowledge and congratulate the Ballarat recipients of Australia Day 2015 Honours.


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GB6/15 Cr. Vicki Coltman – I congratulate the Media team on the recent release of the myNature newsletter and request that this and publications including the Tree Protection Brochure and mySeniors be included as a resource in the New Residents Kits. GB7/15 Cr. Samantha McIntosh – I request that Council, in response to a formal request, support the Appeal for Lou and Ovarian Cancer Awareness month in February 2015 by setting the Town Hall Clock-face in teal. I also request that Council show similar support to Prostate Cancer Awareness month in March 2015 by changing the Town Hall Clock-face to blue. Mayor Philips: Council will support both causes with the requested changes to the Town Hall Clock-face during February and March 2015. GB8/15 Cr. Samantha McIntosh – I request a briefing to a Councillors’ Assembly on a review of the timelines to increase street planting to a 40% canopy, as outlined in the preliminary Ballarat Strategy. Anthony Schinck - Chief Executive Officer: A briefing will be provided to a Councillors’ Assembly. GB9/15 Cr. Samantha McIntosh – There are approximately 55 visible flag poles within central Ballarat, most of them without flags. I request that Council investigate the opportunity to fill the flagpoles, possibly by engaging Ballarat’s arts community, through the Destination and Economy Portfolio. Anthony Schinck - Chief Executive Officer: This item will be referred to the Destination and Economy Portfolio for discussion. GB10/15 Cr. Samantha McIntosh – In regards to Cr. Johnson’s request to review the Footpath Trading Policy (GB1/15), I request a briefing to a Councillors’ Assembly on how to activate the Central Business District (CBD) giving consideration to all of our strategies e.g. Veranda Restoration Project, the Heritage Grants and Loan Scheme, Street Furniture Strategy and CBD Strategy. Mayor Philips: A briefing will be provided to a Councillor’s Assembly. GB11/15 Cr. Belinda Coates – I would like to acknowledge the work of City Infrastructure officers with the Ballarat and District Aboriginal Cooperative to re-design the Doveton Street North roundabout in a creative way which recognises aboriginal culture.


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8. COUNCILLOR/DELEGATES’ REPORTS CD1/15 Cr. Des Hudson – I acknowledge the very successful Pre-Asian Cup Camp for Bahrain hosted by the Ballarat Regional Soccer Facility (the Facility). The Facility received much positive national and international feedback as a result of this event. Thank you to Mitchell Jenkins, Frances Salenga and the grounds staff involved. CD2/15 Cr. Amy Johnson – I attended a number of events conducted by Ballarat Regional Tourism and Council over Summer, attracting many people to Ballarat, including:

With Cr. McIntosh and Cr. Innes, Summer Sundays at Lake Wendouree throughout January. Thank you to the Events team and the Destination and Economy Portfolio;

Road National Cycling; and The Ballarat Beer Festival and Beer Festival Dinner.

CD3/15 Cr. Belinda Coates – I attended the Pop Up Tea House Chai Khana prior to Christmas. This was a joint Council, Centre for Multicultural Youth and Afghan Hazara community initiative, providing refugees and asylum seekers with work skills and adding cultural vibrancy to the CBD. CD4/15 Cr. John Philips – I conducted the Australia Day Awards and Citizenship Ceremony on 26 January 2015 in the Art Gallery of Ballarat Annexe. The event was supported by the Girl Guides and the Sing Australia Choir. 13 new Australian Citizens were welcomed to the Ballarat community. I would like to acknowledge the following recipients of Australia Day Awards:

Mr. Charles Zhang – Citizen of the Year; Ms. Tyarna Brookes – Young Citizen of the Year; and Harmony Fest 2014 – Community Activity of the Year.

9. PETITIONS (Nil) 10. MAYOR'S REPORT (Nil) 11. CHIEF EXECUTIVE OFFICER'S REPORT (Nil)


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12. OFFICER REPORTS 12.1 PLP/2014/495 CONSTRUCTION OF 13 DWELLINGS AND REMOVAL

OF VEGETATION AT 203 AND 203A WENDOUREE PARADE, LAKE WENDOUREE Division: City Strategy Director: Natalie Reiter Manager Responsible/ Leanne Wilson - Business Unit: Manager Statutory Planning Manager Responsible/ Natalie Robertson - Business Unit: Coordinator Ballarat West Employment

Zone/Major Development Projects Author/Position: Leah Clark - Statutory Planner

EXECUTIVE SUMMARY On 9 July 2014 an Application was lodged for the construction of 13 dwellings and removal of vegetation at 203 and 203a Wendouree Parade. The Application was advertised and Council has received 30 objections. It is recommended Council issue a Notice of Decision to Grant a Planning Permit subject to Conditions. Public Representations: Mr. Graeme Hawley made a public representation. Ms. Ruth Hawley made a public representation. Dr. Paul Donoghue made a public representation. Ms. Kayelene Chevalier-Donoghue made a public representation. Mr. Neville Richards made a public representation. Ms. Jeanne Wheeler made a public representation. Mr. Terry Simmons made a public representation. Mr. Peter Vernon made a public representation. COUNCIL RESOLUTION: Council resolves to: Issue a Refusal to Grant a Planning Permit PLP/2014/292 for the land located at 203 and 203A Wendouree Parade, Lake Wendouree, for the construction of thirteen dwellings and tree removal on the following grounds:

1. The proposal fails to meet the requirements of Clause 15.01-2 ‘Urban Design Principles’, 15.01-5 ‘Cultural Heritage and neighbourhood character’ of the State Planning Policy Framework.

2. The proposal fails to meet the objectives of Clause 21.03 ‘Ballarat Strategic Framework’ and Clause 21.05 ‘Built form and Amenity’ of the Local Planning Policy Framework.

3. The proposal fails to meet the objectives of Clause 43.02, Schedule 6 ‘Design and Development Overlay, Schedule 6 – Urban Character Area 9’ in that the height, scale and siting does not complement the traditional scale and garden character of the surrounding area.


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4. The proposal fails to meet the objectives of Clause 55 which include ‘Neighbourhood character’ and ‘Amenity Impact’ objectives in that the proposal fails to contribute to a preferred neighbourhood character and fails to respond to the neighbourhood character features of the surrounding area and would cause unreasonable detriment to the amenity of the surrounding area respectively.

Moved: Cr. McIntosh CARRIED Seconded: Cr. Hudson (R003/15)

COUNCIL RESOLUTION: That Council adjourn for five minutes.

Moved: Cr. Coltman CARRIED Seconded: Cr. Hudson (R004/15)


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12.2 CHRISTMAS PROJECT 2014 REVIEW Division: City Strategy Director: Natalie Reiter Author/Position: Kate Partridge - Community Events Officer

EXECUTIVE SUMMARY The 2014 Christmas Project was successfully delivered through a rollout of decorations in the Central Business District (CBD), occurring from mid-November until 1 December 2014. Following this, a range of entertainment and activation was held in the CBD from 6 December 2014 until 24 December 2014, including a Ferris Wheel in Bridge Mall, Ballarat Central. In 2014 the spread of decorations was strengthened by the addition of new floral and high impact decorations which created a more vibrant Christmas experience in the CBD. Federation University also participated in a project with students preparing designs for the cube installations. A key outcome of the Christmas Project 2014 was the direct result seen in reducing retail leakage from Ballarat. The additional funding commitment allowed a more comprehensive plan to attract and retain shoppers in the Ballarat CBD. Overall, the following outcomes were achieved in 2014:

Approximately 15,500 people went on the Ferris Wheel ride (45.5% children and 54.5% adults), this equates to an average of just over 440 potential shoppers in the Bridge Mall every day of the rides installation;

The Bridge Mall Traders Association communicated the following retail results: o Faulls Group indicated a growth of 17% to 28% on last year across the

three stores and for two stores it was a record year; o The Athlete’s Foot indicated a growth of 16% and their best December

ever; o Darrell Lea, following two years of negative growth December growth

witnessed a reverse trend and were up by 5% this December; o Bridge Mall Traders Association provided anecdotal feedback that

several stores had a record day on the launch of the Ferris Wheel (6 December 2014);

o Two prominent stores were number one in Victoria for December, beating Melbourne stores that traded extensively through December; and

o Comments on the social and demographic aspects of the Bridge Mall feedback included more family groups, more repeat clientele and new types of clientele.

Unprecedented social media coverage was experienced on Council and Visit Ballarat Facebook pages, generating 4,000 likes and more than 1,000 positive comments;

One social media post, which included professional photos of the decorations, was ranked one of the highest response received from any single post done by Council in 2014. Over 1,500 of the likes were generated within 24 hours, 456 people sharing the post and over 78,000 people reached; and

Social media which covered Ballarat’s decorations also extended state wide to other national media outlets.


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RESOLUTION: Council resolves to: 1. Acknowledge the 2014 Christmas Project created a direct and significant

outcome for the community and the local retail economy. 2. Request the Destination and Economy Portfolio Team to further develop

the 2015 Christmas Project.

Moved: Cr. Johnson CARRIED Seconded: Cr. Innes (R005/15)


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12.3 ADOPTION OF THE BALLARAT WEST MAJOR ACTIVITY CENTRE URBAN DESIGN FRAMEWORK Division: City Strategy Director: Natalie Reiter Manager Responsible/ Terry Demeo - Business Unit: Manager Planning Implementation Author/Position: Tim Grace - Principal Urban Designer

EXECUTIVE SUMMARY The Planning Scheme requires the Ballarat West Major Activity Centre Urban Design Framework (UDF) be adopted by Council in advance of development of the centre. The role of the UDF is to provide a clear and holistic vision of how the Major Activity Centre is to be structured and developed over both the short and long term. Once adopted, the UDF would be one of the Decision Guidelines of Schedule 2 of the Urban Growth Zone of the Ballarat Planning Scheme. The UDF provides guidance and certainty to the community, land owners, Council and developers on the development requirements and standards for development proposals, thus allowing a permit to be granted for the development of land in the activity centre. The vision of the UDF is to facilitate integrated urban design outcomes throughout the Activity Centre to ensure consistent building form and design outcomes are achieved and to create an integrated and pedestrian orientated town centre to meets the community’s needs. RESOLUTION: Council resolves to: 1. Endorse the Ballarat West Major Activity Centre Urban Design

Framework.



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12.4 ADOPTION OF MUNICIPAL EARLY YEARS PLAN 2015-2018 Division: People & Communities Director: Neville Ivey Manager Responsible/ Rosemarie Calvert - Business Unit: Manager Family & Children's Services Author/Position: Virginia Mahony - Best Start Officer

EXECUTIVE SUMMARY At the Council meeting held 12 November 2014 Council resolved (R406/14) to put the draft Municipal Early Years Plan 2015-2018 (draft MEYP) out for public exhibition and to invite submissions. No submissions were received in the exhibition period. Extensive consultation took place in the development of the draft MEYP with over 1000 responses received from children, 150 received from parents/carers of children and as well as an extensive number of key industry stakeholders including previous Municipal Early years Plan 2010-2013 (previous MEYP) working group participants. This Report seeks Council’s endorsement of the Municipal Early Years Plan 2015-2018, which has been extensively reviewed and developed by the Municipal Early Years Plan Executive (MEYP) Partnership members. Public Representations: Ms. Katherine Cape made a public representation. Ms. Desley Beechley made a public representation. RESOLUTION: Council resolves to: 1. Acknowledge that no further submissions were received as part of the

exhibition of Council’s draft Municipal Early Years Plan 2015-2018. 2. Acknowledge that extensive consultation had occurred with key

stakeholders and children in the development of the plan. This included over 1,000 responses received from children’s consultation, 150 received from parents and carers of children, three stakeholder workshops and a survey completed by all Municipal Early Years Plan 2010-2013 working group participants.

3. Endorse the City of Ballarat’s Municipal Early Years Plan 2015-2018.

Moved: Cr. Coates CARRIED Seconded: Cr. Hudson (R007/15)


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12.5 PLP/2014/832 BALLARAT WEST MAJOR ACTIVITY CENTRE AT 315 GLENELG HIGHWAY, SMYTHES CREEK Division: City Strategy Director: Natalie Reiter Manager Responsible/ Leanne Wilson - Business Unit: Manager Statutory Planning Author/Position: Natalie Robertson - Coordinator Ballarat West Employment

Zone/Major Development Projects EXECUTIVE SUMMARY On 20 October 2014 an Application was lodged for development and use of the land for a Major Activity Centre (MAC), a Restricted Recreation Facility (Gymnasium) and Motor Repairs, Reduction in Car Parking Provisions and Creation of Access to a Road Zone Category 1 at 315 Glenelg Highway, Smythes Creek. This Application is exempt from notice and review pursuant to Clause 37.07-13. It is recommended Council issue a Planning Permit subject to Conditions. Public Representations: Mr. John Edwards made a public representation. RESOLUTION: Council resolves to: 1. Issue a Planning Permit PLP/2014/832 for the use and development of the

land located at 315 Glenelg Highway, Smythes Creek for a Major Activity Centre, a Restricted Recreation Facility (Gymnasium) and Motor Repairs, Reduction in Car Parking, Creation of Access to a Road Zone Category 1 subject to the following Conditions: 1. Amended Plans Prior to the commencement of buildings and works, amended plans (three copies) must be submitted to and endorsed by the responsible authority. The plans must be drawn to scale, with dimensions, and be generally in accordance with the original plans submitted but modified to show: a) A landscape plan in accordance with Council’s Landscape Design

Manual, 20 August 2012 and conditions 4 and 9 herein; and b) The functional layout plan in accordance with VicRoads condition 26

herein.

2. Layout not altered

The use and/or development as shown on the endorsed plans must not be altered without the further written consent of the Responsible Authority. All buildings shall be located clear of any easements or water and sewer mains.

3. Development Contributions Plan

Prior to the commencement of development the permit holder must enter


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into an agreement under section 173 of the Planning and Environment Act 1987 which provides for: a) The implementation of the Ballarat West Development Contributions

Plan (DCP); b) Appropriate arrangements for the provision and funding of necessary

physical and social infrastructure including roads, drainage, sewerage, curbing and other infrastructure deemed necessary for development to occur to the satisfaction of the Responsible Authority; and

c) The timing of any payments to be made to a person in respect of any infrastructure project having regard to the availability of funds in the DCP.

The permit holder must pay Council’s reasonable costs of preparation, execution and registration of the section 173 Agreement.

4. Buildings and works The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. All buildings and works must be constructed and or undertaken in accordance with the endorsed plans to the satisfaction of the Responsible Authority prior to the commencement of the use. All buildings and works must be located clear of any easements or water and sewer mains unless written approval is provided by the relevant authority. 5. Management Plans Prior to the commencement of buildings and works, three copies of the following documents must be submitted to and approved by the responsible authority: a) Landscape Plan b) Waste Management Plan c) Construction Management Plan d) Lighting Plan; and e) Disable Persons Access Strategy.

6. Internal Access Ways and Car Parking

Prior to the commencement of the use or occupation of the development, the areas set aside for the parking of vehicles and access lanes as shown on the approved plans must to the satisfaction of the Responsible Authority be: a) Constructed with a flexible granular pavement and surfaced with an

asphalt or concrete wearing course; b) Properly formed to such levels that they can be used in accordance

with the plans; c) Drained; d) Line-marked to indicate each car space and all access lanes; e) Clearly marked to show the direction of traffic along access lanes and

driveways; and f) Fitted with traffic management devices.

Car spaces and access lanes must be maintained and kept available for

these purposes at all times.


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Prior to the commencement of the use or occupation of the development, all works shall be completed in accordance with plans submitted to and approved by the Responsible Authority.

7. Loading/Unloading

The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be conducted entirely within the site and/or the designated loading bay hereby approved and must not disrupt the circulation and parking of vehicles on the land or street network to the satisfaction of the Responsible Authority.

All Vehicle entry to and egress from the site shall be in a forward

direction. 8. Engineering Plans and Construction (Development or Use) Prior to the commencement of works on site, engineering plans and specifications must be submitted to and approved by the Responsible Authority. The engineering plans must accord with the Infrastructure Design Manual and Council’s Standard Cross-sections. The engineering plans must also be generally in accordance with requirements given in the Ballarat West Precinct Structure Plan.

All engineering works must be constructed in accordance with the approved plans and shall be completed to a standard satisfactory to the Responsible Authority prior to the commencement of the use hereby approved/occupation of the development.

At the completion of the works one set of as constructed civil plans shall be submitted to the Responsible Authority. The engineering plans must detail: a) Construction/upgrade of Cherry Flat Road between the southern

boundary of the subject site and the intersection with the Glenelg Highway;

b) Construction/upgrade works along the Glenelg Highway frontage of the site; and

c) Intersection treatments must be provided at both the intersection of Cherry Flat Road and Glenelg Highway and Cherry Flat Road and Webb Road.

9. Footpath Construction (Use) A footpath shall be constructed along the Cherry Flat Road and Glenelg Highway frontages of the subject site. Prior to works commencing on site, plans must be submitted to and approved by the Responsible Authority. The plans must accord with the Infrastructure Design Manual and Council’s standard drawings. All works must be constructed in accordance with the approved plans and shall be completed to a standard satisfactory to the Responsible Authority prior to occupation of the development/use hereby approved commencing.


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10. Landscaping A Landscape Plan required by Condition 4, herein must be prepared to the satisfaction of the responsible authority and must include: a) All existing vegetation, built structures and landscape features to be

retained, protected and/or removed; b) All proposed landscape works within the public realms including;

plantings, vegetation offset areas, garden beds and lawn areas (if any), paths, fencing and street furniture;

c) Details of surface finishes of pathways and driveways; d) All proposed drainage infrastructure including; earthworks, retention

basis, underground pipes, stormwater outlets and water sensitive treatments;

e) Street tree plantings and landscaping in road reserves including naturestrips and centre mediations;

f) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; and

g) Details of in-ground irrigation systems. Any landscape plan must be professionally prepared in accordance with the City of Ballarat Landscape Design Manual 2012. Three sets of all plans must be provided with the following information and in the following format: a) Drawn to an accurate and clearly legible scale on a maximum A1 size

and minimum A3 size sheets; b) Include a north arrow, site location, scale of drawing, date, drawing

no. and the author/designer details; c) Be neatly drawn and presented; and d) Be reproducible legible in a black and white format (e.g. plan should

not rely on colour reproduction for coding and interpretation). 11. Landscaping Maintenance Before the occupation of the buildings commences all landscape works forming part of the endorsed Landscape Plan must be completed and maintained to the satisfaction of the Responsible Authority for a minimum period of 18 months. 12. Naturestrips Prior to occupation of the development or the use hereby approved commencing, the naturestrip fronting the development site shall be constructed in accordance with levels and specifications submitted to and approved by the Responsible Authority. The works shall include: a) The reshaping of the naturestrip; b) Topdressing the area with a 75mm rolled depth of good quality loamy

topsoil free of any weed or seed; and c) Seeding the area with an appropriate seed mix. All works shall be completed in accordance with Council’s Landscape Design Manual and shall be to the satisfaction of the Responsible Authority prior to occupation of the development or the use hereby approved commencing.


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13. Construction Management Plan (CMP)

The CMP required by Condition 4 herein must be prepared to the satisfaction of the responsible authority: a) Include separate parts describing relevant matters of occupational

health and safety, traffic management, environmental controls and cultural protection measures;

b) Be submitted to the responsible authority a minimum of seven days before any buildings and works commence on site;

c) Include the proposed route for construction vehicle aces to the site including a program for the upgrade and maintenance works required along this route while any works are in progress;

d) Include means by which foreign material will be restricted from being deposited on public roads associated with building and works on the land to the satisfaction of the responsible authority; and

e) Identify and describe all protection measures on plans drawn to scale.

14. Waste Management Plan The Waste Management Plan required by Condition 4, herein must be prepared to the satisfaction of the responsible authority and include: a) Adequate areas set aside for storage and disposal of waste; b) The type of waste and recycle materials, bins and containers; c) The location and spaces allocated for storage of waste and recyclable

materials, bins and containers; d) Collective service arrangements including the frequency and lines of

collections; e) The path of access for both users and collection vehicles; and f) Measures to manage and minimise noise, odour and litter. Once approved, the plan will be endorsed and will then form part of the permit. 15. Street Lighting

Prior to works commencing on site, a street lighting plan prepared by a suitably qualified person must be submitted to the Responsible Authority for approval. Street light design must accord with the Infrastructure Design Manual, using energy efficient 18w LED globes in local streets, T5 fluorescent globes in street lighting managed by VicRoads and ensure compliance with AS1158 (or the AS at the time of installation). Fittings must comply with Council’s street light service provider’s standard fittings. Non-standard fittings will not be permitted. Once approved, all works detailed on the street lighting plan shall be installed to the satisfaction of the Responsible Authority prior to occupation of the development/use hereby approved commencing. 16. Lighting External lighting must be designed, baffled and locates so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.


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17. Disabled Persons Access Strategy The Disabled Persons Access Strategy required by Condition 4 herein must be prepared by a suitably qualified person having regard to the relevant Australian Standards for the development including car park and access ways, to the satisfaction of the responsible authority. Once approved, the plan will be endorsed ad will form part of the permit. 18. Drainage Plans and Construction (Use) Prior to works commencing on site, drainage, stormwater detention and stormwater treatment plans must be submitted to and approved by the Responsible Authority. The drainage, stormwater detention and stormwater treatment plans must be in general accordance with the Ballarat West Growth Area PSP Drainage Report and otherwise accord with the Infrastructure Design Manual and Council’s Water Sensitive Urban Design guidelines. All drainage works must be constructed in accordance with the approved plans and shall be completed to a standard satisfactory to the Responsible Authority prior to the occupation of the development/use hereby approved commencing. At the completion of the works one set of as constructed civil plans shall be submitted to the Responsible Authority. Any proposed discharge of stormwater requiring a direct and/or modifying and existing connection to a designated waterway (as defined by the Water Act 1989) will require approval by the relevant Catchment Management Authority.

19. Vehicle Access – Use/Development

Prior to the commencement of the use and/or development, vehicle access to the site must be constructed in accordance with plans and specifications set under an approved Vehicle Crossing Permit to the satisfaction of the Responsible Authority.

Note: The construction or altering of a vehicle crossing, footpath and/or any other works or alterations within a road reserve or any other Council asset may require either a Crossover Permit (which includes a driveway and new crossover), a Road Opening Permit (i.e. opening up a road for installation of infrastructure), Asset Protection Permit (Temporary Crossing Permit i.e. providing for temporary site access) or other approval to be obtained from Council. This Planning Permit does not constitute such approval. Failure to obtain an appropriate permit or damaging Council infrastructure, including footpaths, kerbs, drains, street trees, nature strips etc or failing to remove redundant crossings and reinstate the kerb, drain, footpath, nature strip or other part of the road is a breach of the Ballarat City Council Community Local Laws (10 Penalty Units). For further information, please contact Council's Asset Protection Officer in relation to Road Opening or Asset Protection permits and Council's Infrastructure Planning and Development Unit via Council's Customer Service Officers and the Arborist relating to Street trees.

20. Car Parking Prior to the occupation of the buildings, no fewer than 825 car spaces must be provided including, at a minimum, 17 car spaces appropriately


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located and clearly marked for use by disabled persons or as modified in accordance with the Disabled Persons Access Strategy. 21. Bicycle Parking

Prior to the occupation of the buildings, no fewer than 80 bicycle parking spaces must be provided to the satisfaction of the responsible authority. 22. Contamination Assessment (Use) Prior to works commencing on site a Preliminary Site Investigation Report prepared in accordance with AS4482.1-2005 shall be submitted to the Responsible Authority.

Should the Preliminary Site Investigation Report indicate that contaminating activities took place on the site or that contaminants are present, a Detailed Site Investigation in accordance with AS4482.1–2005 shall be undertaken. The Detailed Site Investigation report shall include any recommended remediation works.

If the Report is accepted by the Responsible Authority, the remediation works shall be completed by the Applicant to the satisfaction of the Responsible Authority prior to the use hereby permitted commencing.

If there are concerns about the nature and extent of the contamination found in the Preliminary and Detailed Site Investigation reports, the Responsible Authority reserves the right to require a statutory environmental audit to be undertaken. In this case either: a) A certificate of environmental audit shall be issued for the land in

accordance with Part IXD of the Environment Protection Act 1970 prior to the issue of the Statement of Compliance; OR

b) An environmental auditor appointed under the Environmental Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the intended use prior to the use hereby permitted commencing on the site.

To the satisfaction of the Responsible Authority. c) Where a Statement of Environmental Audit is issued for the land, the

development including subdivision hereby approved must comply with all the directions and conditions contained within the Statement.

d) Where a Statement of Environmental Audit is issued for the land, prior to the issue of a Statement of Compliance for each stage, a letter prepared by an Environmental Auditor appointed under Section 53S of the Environment Protection Act 1970 or such other qualified person to the satisfaction of the Responsible Authority must be submitted to the Responsible Authority to verify that the directions and conditions contained within the statement have been satisfied.

e) Unless otherwise approved in writing by the Responsible Authority, where a Statement of Environmental Audit is issued for the land, and any condition of that Statement requires any maintenance or monitoring of an ongoing nature, prior to the issue of a Statement of Compliance for any stage of the subdivision authorised by this permit, the permit holder must enter into an Agreement with the Responsible Authority pursuant to section 173 of the Planning and Environment Act 1987. All costs associated with setting up the Agreement must be


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borne by the owner. The Agreement must be registered on Title and run with the land, and must provide to the satisfaction of the Responsible Authority:

i. That the registered proprietor will undertake all required maintenance and/or monitoring in accordance with the statement; and

ii. Prior to the development commencing, application must be made to the Registrar of Titles to Register the section 173 Agreement on the title to the land under section 181 of the Planning and Environment Act 1987.

23. Sediment on Roadways No material shall be deposited on any road external to the site by any means including construction vehicles or associated plant entering or leaving the land subject to this permit. Any material deposited on the road shall be removed by mechanical or manual means to the satisfaction of the Responsible Authority.

Note 1: Depositing such material on Responsible Authority’s Roads is an offence under the Environment Protection (Resource Efficiency) Act 1970 and penalties may apply. Note 2: Any costs associated with a cleanup of road surfaces borne by the Responsible Authority must be met by the permit holder.

24. Sediment Control Measures

Prior to the commencement of any works on site, a Sediment Control Plan detailing sediment control measures during construction must be submitted to the Responsible Authority for approval. Control measures should be consistent with the Environment Protection Authority publication 480 Environment Guidelines for Major Construction Sites. When approved the Sediment Control Plan shall form part of this permit. All sediment control measures shall be undertaken and remain in place until the completion of site works to the satisfaction of the Responsible Authority. 25. Amenity The use and development must be managed so that the amenity of the area is not detrimentally affected, through the: a) Transport of materials, goods or commodities to or from the land; b) Appearance of any, building, works or materials; c) Emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; and

d) Presence of vermin or otherwise. In the event of any nuisance being caused to the neighbourhood by activities related to the use and development the responsible authority may direct, in writing such actions or works, as deemed appropriate, to eliminate or mitigate such nuisance be undertaken.


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26. VicRoads Conditions The functional layout plan for the proposed access arrangement on Glenelg Highway must be revised to address the following and to the satisfaction of VicRoads: a) Swept path for B-Double movements to ad from the development site; b) Kerb and channel along entire frontage of the development site on

Glenelg Highway, including full sealed pavement and street lightings at the access points; and

c) Minimum 1.5m sealed shoulder Ballarat bound (in bound) along Glenelg Highway.

Detailed plans must be submitted to VicRoads for approval. 27. Permit Expiry – Use and Development Development and use of the and expires if: a) The development or any stage of it does not start within two years of

the date of this permit; or b) The development or any stage of it is not completed within four years

of the date of this permit; or c) The use does not start within two years after the completion of the

development; or d) The use is discontinued for a period of two years.



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12.6 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 2014 COUNCILLOR REPORT TO COUNCIL Division: City Infrastructure Director: Eric Braslis Author/Position: Ross Cowie - Manager Infrastructure Design & Delivery

EXECUTIVE SUMMARY At the Council meeting held on 8 October 2014 Council resolved (R350/14) to send a delegation to participate in the National Local Roads and Transport Congress 2014 (the Congress). The Congress was attended by 300 delegates from across the country, including representatives from our neighbouring municipalities of Golden Plains, Moorabool, Pyrenees and Northern Grampians. The Report details the key outcomes as viewed by the Ballarat delegation through its participation in the Conference. RESOLUTION: Council resolves to: 1. Accept the Report from Councillor Coltman on Council’s participation at

the National Local Roads and Transport Congress 2014. 2. Acknowledge that Ballarat has been selected to host the National Local

Roads and Transport Congress 2015.

Moved: Cr. Coltman CARRIED Seconded: Cr. McIntosh (R009/15)


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12.7 AMENDMENT C173 WOODMANS HILL GATEWAY PRECINCT MASTER PLAN - POST PANEL CONSIDERATION Division: City Strategy Director: Natalie Reiter Manager Responsible/ Deon van Baalen - Business Unit: Manager Planning Strategy Author/Position: Jessie Keating - Coordinator Strategic Land Use Planning

EXECUTIVE SUMMARY Amendment C173 seeks to provide a clear framework for the intended use and development of land at the eastern Gateway to Ballarat, by implementing the recommendations of the Woodmans Hill Gateway Precinct Master Plan 2014. Public exhibition of Amendment C173 was held from 22 May 2014 to 23 June 2014, with 36 submissions received, reflecting a range of responses including objections, support and suggestions for improvement of the Master Plan. At the Council meeting held on 13 August 2014 Council resolved (R256/14) to appoint an independent Planning Panel to consider all submissions, which took place from 22 to 23 October 2014. The Planning Panel’s Report has now been received, recommending Council adopt the amendment subject to a number of modifications, the majority of which were discussed during the Panel Hearing. The modifications will improve clarity and direction and include:

Modifications to the drafting; Proposed local planning policy inclusions and the proposed Design and

Development Overlay; Inclusion of all three sites west of Brewery Tap Road for future

development, with guidance on access management; and Future use and landscaping treatment.

It is recommended Amendment C173 be adopted, subject to the changes recommended by the Planning Panel. Public Representations: Mr. Mike Kauffman made a public representation. Mr. Jeff Rootes made a public representation. RESOLUTION: Council resolves to: 1. Note the Amendment C173 Planning Panel report, pursuant to section 27

of the Planning and Environment Act 1987. 2. Adopt Amendment C173 with some modifications as recommended by

the Planning Panel, pursuant to section 29 of the Planning and Environment Act 1987.

3. Submit the adopted Amendment C173 to the Minister for Planning

requesting approval pursuant to section 31(1) of the Planning and Environment Act 1987.


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4. Notify all submitters of Council’s resolution to submit Amendment C173 to the Minister for Planning for approval.

Moved: Cr. Coltman CARRIED Seconded: Cr. Coates (R010/15)


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12.8 PROJECT CHARTER FOR THE LAKE ACTIVATION STRATEGY Division: City Strategy Director: Natalie Reiter Author/Position: Terry Demeo - Manager Planning Implementation

EXECUTIVE SUMMARY The Project Charter for the Lake Activation Strategy (the Project Charter) is focused on developing a coordinated approach for the various sporting groups and other representative groups across the Lake Wendouree Precinct (Lake Precinct) and the Ballarat Botanic Gardens Precinct (Gardens Precinct) to develop their own strategic plans to grow their activity. The intention of this Project Charter is not to undertake the strategic growth strategy for key users such as Rowing, Recreation Fishing and other aquatic activities, but rather set the framework to enable all groups to pursue strategic growth opportunities in a coordinated manner. In addition, the Project Charter is intended to provide clarity around the potential growth of club boat sheds and other infrastructure within the Lake Precinct, with a detailed assessment of the Crown Land Reservations applying across the Lake Precinct. The Project Charter will also take direction from the Friends of the Botanic Gardens Visionary Plan for the Gardens. The Project Charter will provide direction to review and update the Landscape Master Plan for the Lake Precinct (the Master Plan), any further commercial opportunities and tourism opportunities. Finally, the Project Charter will provide direction for opportunities to expand events and community activities within the Lake Precinct and review governance arrangements across the Lake Precinct and Gardens Precinct. RESOLUTION: Council resolves to: 1. Endorse the Project Charter for the Lake Activation Strategy.

Moved: Cr. McIntosh CARRIED Seconded: Cr. Coates (R011/15)


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12.9 VICTORIA PARK MASTER PLAN AND BALLARAT SHOW GROUNDS RELOCATION PROJECTS Division: City Strategy Director: Natalie Reiter Author/Position: Terry Demeo - Manager Planning Implementation

EXECUTIVE SUMMARY This Report details the commitment from both sides of State politics for over $5million of funding to support development and relocation of the Ballarat Agricultural and Pastoral Society/Ballarat Show Grounds Site (the Site) and identifies the opportunity this commitment provides for Council to seek matched funding. In order to advance development and relocation of the Site and position Council to attract future funding, work will now commence on both the Victoria Park Master Plan and Ballarat Show Grounds Relocation Projects. The planning must include details for delivery of required Site infrastructure in Victoria Park and a plan for the existing Show Grounds site. A Project Charter has been prepared which applies to both the Victoria Park Master Plan and Ballarat Show Grounds Relocation Projects (the Projects). Public Representations: Mr. Gerard Ballinger made a public representation. RESOLUTION: Council resolves to: 1. Endorse the Project Charter applying to both the Victoria Park Master

Plan and Ballarat Show Grounds Relocation Projects with the associated timeline for project completion.

2. Confirm Department of Environment, Land, Water and Planning’s (DELWP) support for the potential relocation of the Ballarat Agricultural and Pastoral Society to Victoria Park and develop the appropriate statutory instruments to make the required land at Victoria Park available for such a move.

Moved: Cr. Coltman CARRIED Seconded: Cr. McIntosh (R012/15)


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12.10 AMENDMENTS C192 AND C193 HERITAGE PROTECTION AT 80 HOWE STREET, MINERS REST Division: City Strategy Director: Natalie Reiter Manager Responsible/ Deon van Baalen - Business Unit: Manager Planning Strategy Author/Position: Jessie Keating - Coordinator Strategic Land Use Planning

EXECUTIVE SUMMARY An Application has been made to Council for the subdivision of land at 80 Howe Street, Miners Rest. Through this development, it is proposed to relocate the existing gateway entrance to elsewhere on the property. Council commissioned a detailed heritage assessment, which has confirmed that the gateway has been identified as having heritage significance, appearing to be an early grand entrance style gate, as found on country estates or manor homes in England, Scotland and Ireland. The gates comprise four main basalt pillars, central vehicular cast iron gates, flanking cast iron pedestrian gates, curved timber picket fence with exposed posts capped with cast iron finials. The curtilage of the gateway, along with a section of driveway and trees has also been identified as having heritage significance. The heritage assessment supports inclusion of these significant elements of the property in the Heritage Overlay in the Ballarat Planning Scheme. This Report recommends Council endorse the request for an interim Heritage Overlay to be placed on the gateway and the existing driveway (encompassing the seven mature elm, oak, pine and eucalypt trees) at 80 Howe Street. It is also recommended an amendment to the Ballarat Planning Scheme be undertaken to place a permanent Heritage Overlay on these same elements of the land. Public Representations: Mr. Grant Tillett made a public representation. RESOLUTION: Council resolves to: 1. Note the findings of the detailed Heritage Assessment prepared for 80

Howe Street, Miners Rest.

2. Request a Ministerial Amendment, Amendment C192, under section 20(4) of the Planning and Environment Act 1987 to apply an interim Heritage Overlay to the gateway and curtilage, existing driveway to the first stand of mature trees, driveway alignment to the existing residence, and seven mature trees at 80 Howe Street, Miners Rest.

3. Note that a final heritage citation including a detailed Statement of

Significance delineating the specific measurements of the proposed Heritage Overlay, will be received to inform the permanent Heritage Overlay of 80 Howe Street, Miners Rest.

4. Request the Minister for Planning to Authorise Amendment C193 to the

Ballarat Planning Scheme to include the gateway and curtilage, existing driveway to the first stand of mature trees, driveway alignment to the


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existing residence, and seven mature trees of 80 Howe Street, Miners Rest, in the Heritage Overlay schedule, pursuant to section 8A(3) of the Planning and Environment Act 1987 and place it on exhibition pursuant to section 19 of the Planning and Environment Act 1987.

5. Note the further work required to confirm the significance of the

swimming pool located at 80 Howe Street, Miners Rest, not currently under threat of demolition, which will be included in future heritage reviews for the Miners Rest area.

Moved: Cr. McIntosh CARRIED Seconded: Cr. Philips (R013/15)


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12.11 POSITIVE AGEING ADVISORY COMMITTEE TERMS OF REFERENCE Division: People & Communities Director: Neville Ivey Manager Responsible/ Ann Pitt - Business Unit: Manager Community Care & Access Author/Position: Rose Young - Positive Ageing Development Officer

EXECUTIVE SUMMARY This Report seeks Council’s endorsement for the Terms of Reference for the Positive Ageing Advisory Committee (Committee). RESOLUTION: Council resolves to: 1. Endorse the Terms of Reference for the Positive Ageing Advisory

Committee.

2. Sign and affix Council’s Common Seal to the Terms of Reference.

Moved: Cr. Innes CARRIED Seconded: Cr. Hudson (R014/15)


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12.12 ART GALLERY OF BALLARAT GOVERNANCE ARRANGEMENTS Division: City Strategy Director: Natalie Reiter Author/Position: Natalie Reiter - General Manager City Strategy

EXECUTIVE SUMMARY Over the now two years the Funding and Services Agreements (the Agreements) have been in place the Art Gallery of Ballarat Board (the Board) have had an opportunity to work with the Agreements and identify opportunities for tightening to more accurately reflect the actual way the Art Gallery of Ballarat work. As a result, the Board and Council Officers have proposed a number of changes to the Agreements. This Report recommends incorporating these recommended changes into endorsed Agreements. RESOLUTION: Council resolves to: 1. Note, as per the Local Government Act 1989 section 77(2) in Report Item

14.1 on this matter is designated confidential information under section 89(2) as Contractual Matters and has been considered in making this recommendation.

2. Endorse the changes made to the Services Agreement between the Art Gallery of Ballarat and Council.

3. Endorse the changes made to the Funding Agreement between the Art

Gallery of Ballarat and Council. 4. Endorse the Licence Agreement for Premises between the Art Gallery of

Ballarat and Council. 5. Endorse the Licence Agreement for Artworks between the Art Gallery of

Ballarat and Council. 6. Approve the execution of the Agreements between the Art Gallery of

Ballarat and Council.

7. Sign and affix Council’s Common Seal to the Services Agreement, Deed Services Agreement, Funding Agreement, Deed Funding Agreement, Licence Agreement for Premises and Licence Agreement for Artworks between the Art Gallery of Ballarat and Council.

Moved: Cr. Coltman CARRIED Seconded: Cr. Hudson (R015/15)


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12.13 MINISTERIAL EXEMPTION FOR CONFLICTS IN MATTER - PLP/2014/594 CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY AND ASSOCIATED WORKS Division: Governance & Information Services Director: Annie De Jong Author/Position: Annie De Jong - Chief Information Officer

EXECUTIVE SUMMARY At the Council meeting held on 10 December 2014 Council was asked to consider Agenda Item PLP/2014/594 Construction of a Telecommunications facility and associated works. Council was not able to consider this Item due to Conflicts and the lack of a quorum. The Chief Executive Officer (CEO) has been advised that currently Council would not be able to gain a quorum for the consideration of this Item. The only option under the Local Government Act 1989 is for Council to consider these items by seeking Ministerial exemption for Councillors with a Conflict of Interest in this matter. This Report seeks authorisation from Council to seek the exemption. RESOLUTION: Council resolves to: 1. Request Ministerial exemption for Councillors Crompton, Coltman and

Philips regarding there Conflict of Interests in considering the Planning Permit Application of PLP/2014/594 Construction of a Telecommunications facility and associated works.

2. Approve the Chief Executive Officer to prepare the necessary

documentation for the Minister of Local Government consideration.

Moved: Cr. Hudson CARRIED Seconded: Cr. Innes (R016/15)


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12.14 BALLARAT FRIENDS OF AINARO COMMUNITY SPECIAL COMMITTEE REPORT TO COUNCIL - 14 APRIL 2014, 19 MAY 2014, 16 JUNE 2014, 21 JULY 2014, 18 AUGUST 2014 AND 20 OCTOBER 2014 Division: People & Communities Director: Neville Ivey Manager Responsible/ Jenny Fink - Business Unit: Manager Learning & Diversity Manager Responsible/ Frances Salenga - Business Unit: Coordinator Cultural Diversity Author/Position: Elizabeth Hardiman - Cultural Partnerships Officer

EXECUTIVE SUMMARY The purpose of this Report is to provide Council with the Minutes of the section 86 Special Committee, Ballarat Friends of Ainaro Community Committee (the Committee), in accordance with the Local Government Act 1989 (the Act). The Minutes reported are for the period April 2014 to October 2014 with meetings being held monthly. No meeting was held in September 2014 due to lack of quorum. RESOLUTION: Council resolves to: 1. Endorse the Ballarat Friends of Ainaro Community Special Committee

Minutes for: 14 April 2014; 19 May 2014; 16 June 2014; 21 July 2014; 18 August 2014; and 20 October 2014.

Moved: Cr. Hudson CARRIED Seconded: Cr. Innes (R017/15)


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12.15 COMMUNITY IMPACT SPECIAL COMMITTEE REPORT TO COUNCIL - 18 NOVEMBER 2014 Division: People & Communities Director: Neville Ivey Manager Responsible/ Pete Appleton - Business Unit: Manager Community Engagement Author/Position: Sandra Kennedy - Community Engagement Support Officer

EXECUTIVE SUMMARY This Report seeks Council endorsement of the allocation of the Community Impact Special Committee (the Committee) Grants and Minutes in accordance with the Local Government Act 1989 (the Act). RESOLUTION: Council resolves to: 1. Note, as per the Local Government Act 1989 section 77(2) in Report Item

14.2 on this matter is designated confidential information under section 89(2) as a matter that could prejudice Council or a Special Committee of Council and has been considered in making this recommendation.

2. Note the funding allocations for the Community Impact Special

Committee Grants for November 2014, as follows: Ballarat Neighbourhood Centre for $5,740; Friends of Royal Park for $1,550; Kids with a Voice for $5,355; Ballarat East Community Men’s Shed for $750; Burrumbeet Park and Windermere Racing Club for $5,000; and Multiple Sclerosis for $1,660.

3. Endorse the minutes of the Community Impact Special Committee for 18

November 2014.

Moved: Cr. Hudson CARRIED Seconded: Cr. Coates (R018/15)


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12.16 CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO COUNCIL - 5 NOVEMBER 2014, 19 NOVEMBER 2014, 3 DECEMBER 2014 AND 17 DECEMBER 2014 Division: Business Services Director: Glenn Kallio Author/Position: Lorraine Sendall - Executive Assistant to the Chief Financial

Officer EXECUTIVE SUMMARY The purpose of this Report is to provide Council with the Minutes of the Contracts Approval Special Committee (the Committee) meetings held on:

5 November 2014; 19 November 2014; 3 December 2014; and 17 December 2014.

RESOLUTION: Council resolves to: 1. Note, as per the Local Government Act 1989 section 77(2) in Report Item

14.3 on this matter is designated confidential information under section 89(2) as Contractual Matters and has been considered in making this recommendation.

2. Endorse the Contracts Approval Special Committee Minutes for: 5 November 2014; 19 November 2014; 3 December 2014; and 17 December 2014.

Moved: Cr. Coltman CARRIED Seconded: Cr. Innes (R019/15)


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12.17 AUDIT ADVISORY COMMITTEE REPORT TO COUNCIL - 26 NOVEMBER 2014 Division: Business Services Director: Glenn Kallio Author/Position: Lorraine Sendall - Executive Assistant to the Chief Financial

Officer EXECUTIVE SUMMARY This Report provides Council with the Minutes of the meeting of Council’s Audit Advisory Committee (the Committee) meeting held on 26 November 2014. RESOLUTION: Council resolves to: 1. Note, as per the Local Government Act 1989 section 77(2) in Report Item

14.4 on this matter is designated confidential information under section 89(2) as any other matter which the Council or Special Committee consider would prejudice the Council or any person and has been considered in making this recommendation.

2. Endorse the Minutes of the Audit Advisory Committee for 26 November

2014 and adopt the resolutions made therein.

Moved: Cr. Coates CARRIED Seconded: Cr. Coltman (R020/15)


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12.18 INSTRUMENT OF APPOINTMENT AND AUTHORISATION (PLANNING AND ENVIRONMENT ACT 1987) Division: Governance & Information Services Director: Annie De Jong Author/Position: Melanie Harrison - Senior Governance Officer

EXECUTIVE SUMMARY The purpose of this Report is to enable Council to revoke and endorsed an updated S11A. Instrument of Appointment and Authorisation (Planning and Environment Act 1987) to Mr. Mark Thompson and for Council to endorse the S11A. Instrument of Appointment and Authorisation (Planning and Environment Act 1987) to Ms. Kellie Williams. RESOLUTION: Council resolves to: 1. Revoke the S11A. Instrument of Appointment and Authorisation (Planning

and Environment Act 1987) for Mr. Mark Thompson dated 12 June 2013, effective as at 5 January 2015.

2. Endorse the S11A. Instrument of Appointment and Authorisation (Planning and Environment Act 1987) for Mr. Mark Thompson, effective as at 5 January 2015.

3. Endorse the S11A. Instrument of Appointment and Authorisation

(Planning and Environment Act 1987) for Ms. Kellie Williams, effective as at 12 January 2015.

4. Sign and affix Council’s Common Seal to the S11A. Instrument of

Appointment and Authorisation (Planning and Environment Act 1987) for Mr. Mark Thompson and Ms. Kellie Williams.

Moved: Cr. Innes CARRIED Seconded: Cr. Coltman (R021/15)


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12.19 OUTSTANDING QUESTION TIME ITEMS REPORT Division: Governance & Information Services Director: Annie De Jong Manager Responsible/ Melanie Harrison - Business Unit: Senior Governance Officer Author/Position: Maxine Vallance - Governance Administration Officer

EXECUTIVE SUMMARY This Report provides Council with an update of responses to questions taken on notice and outstanding unanswered questions from Council Question Time. RESOLUTION: Council resolves to: 1. Endorse the Outstanding Question Time Items Report for the period up to

and including 10 December 2014.



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13. GENERAL BUSINESS – MATTERS ARISING FROM THE AGENDA GB12/15 Cr. Vicki Coltman – I request a briefing to a Councillors’ Assembly on the parking issues and a full traffic management strategy for Dawson Avenue, Lake Wendouree and adjoining streets. Eric Braslis – General Manager, City Infrastructure: A briefing will be provided to a Councillors’ Assembly. The Chairperson declared the meeting closed at 10.33pm. Confirmed this day of 2015.

……………………………………………… Chairperson


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14. ITEMS IN CAMERA - CONFIDENTIAL REPORTS 14.1 CONFIDENTIAL ATTACHMENT - ART GALLERY OF BALLARAT

GOVERNANCE ARRANGEMENTS Division: City Strategy Director: Natalie Reiter Author/Position: Natalie Reiter - General Manager City Strategy (Contractual matters)


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14.2 CONFIDENTIAL ATTACHMENT - COMMUNITY IMPACT SPECIAL COMMITTEE REPORT TO COUNCIL - 18 NOVEMBER 2014 Division: People & Communities Director: Neville Ivey Manager Responsible/ Pete Appleton - Business Unit: Manager Community Engagement Author/Position: Sandra Kennedy - Community Engagement Support Officer (Any other matter which the Council or special committee considers would prejudice the Council or any person)


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14.3 CONFIDENTIAL ATTACHMENT - CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO COUNCIL - 5 NOVEMBER 2014, 19 NOVEMBER 2014, 3 DECEMBER 2014 AND 17 DECEMBER 2014 Division: Business Services Director: Glenn Kallio Author/Position: Lorraine Sendall - Executive Assistant to the Chief Financial

Officer (Contractual matters)


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14.4 CONFIDENTIAL ATTACHMENT - AUDIT ADVISORY COMMITTEE REPORT TO COUNCIL - 26 NOVEMBER 2014 Division: Business Services Director: Glenn Kallio Author/Position: Lorraine Sendall - Executive Assistant to the Chief Financial

Officer (Any other matter which the Council or special committee considers would prejudice the Council or any person)

28 january 2015 public minutes

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