agenda - benalla.vic.gov.au · councillor don firth councillor bernie hearn councillor willie van...

Ordinary Meeting of Council

Agenda Date: 9 October 2019

Time: 6pm

Venue: Civic Centre (Council Meeting Room)

13 Mair Street, Benalla

Members of the Community are welcome to attend the Meeting.

In accordance with the Governance Local Law 2016 clause 4.6.4 an audio recording will be made of the proceedings of Council / Special Committee meetings.

PO Box 227, 1 Bridge Street East Benalla Victoria 3672

Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]

mailto:[email protected]

Agenda – Ordinary Meeting of Council 9 October 2019

BENALLA RURAL CITY COUNCIL 2

Contents1. Opening and Acknowledgement of Country ................................................. 3

2. Statement of Commitment .............................................................................. 3

3. Disclosures of Conflict of Interest ................................................................. 5

4. Apologies ......................................................................................................... 5

5. Confirmation of the Minutes of the Previous Meetings ................................ 5

6. Public Question Time ...................................................................................... 6

7. Petitions ............................................................................................................ 68. Record of Committees ..................................................................................... 7

8.1 Planning and Development Committee ................................................. 7

8.2 Finance and Operations Committee .................................................... 25

8.3 Assemblies of Councillors, advisory and external committees ............ 28

9. Reports by Officers ....................................................................................... 29

9.1 Authorisation of Signing and Sealing of Documents ........................... 29

9.2 Planning Application for a Funeral Parlour and a Reduction in Car Parking Requirements – 40 Nunn Street, Benalla ............................... 30

9.3 Council Actions Pending ..................................................................... 45

10. Mayor and Councillors’ attendance at committees and civic functions ... 4611. Reports by Councillors ................................................................................. 51

12. Notices of Motion ........................................................................................... 51

13. Notices of Rescission Motion ....................................................................... 51

14. Urgent Business ............................................................................................ 51

15. Confidential Business ................................................................................... 52

15.1 Confidential Reports by Councillors .................................................... 53

15.2 Contract CM20.012 Benalla Splash Park – Design and Construct ............................................................................................ 53

15.3 Contract CM18.040 Reseal of Various Council Roads Procurement Australia 2108/0331 - Spray Sealing and Associated Services for Various Council Roads – Program 2019-20 ........................................ 58

15.4 Confidential Actions Pending .............................................................. 64

16. Reopening of meeting to the public ............................................................. 65

17. Closure of the meeting .................................................................................. 65



Agenda Chair Councillor Scott Upston (Mayor) Councillors Councillor Barbara Alexander Councillor Danny Claridge Councillor Peter Davis Councillor Don Firth Councillor Bernie Hearn Councillor Willie van Wersch In attendance Dom Testoni Chief Executive Officer Robert Barber General Manager Corporate Gerard Komen Manager Capital Projects Joel Ingham Planning Coordinator Jane Still Governance Coordinator

1. Opening and Acknowledgement of Country The Chair will open the meeting and recite the following Acknowledgement of Country.

We acknowledge the traditional custodians of this land and pay respect to their elders and the elders from other communities who may be here today.

We also acknowledge all other people who have contributed to the rich diversity of this Country.

2. Statement of Commitment The Councillors will recite the following Statement of Commitment:

I declare that as a Councillor of Benalla Rural City I will undertake on every occasion to carry out my duties in the best interests of the community and that my conduct shall maintain the standards of our Councillor Code of Conduct so that I may faithfully represent and uphold the trust placed in the Council by the people of Benalla and District.



Governance Matters Recording of Council Meetings

This Council Meeting is conducted in accordance with the Local Government Act 1989 and the Benalla Rural City Governance Local Law 2016.

All Council and Special Committee meetings will be audio recorded and made available for public access, with the exception of matters identified as confidential items in the agenda. This includes the public participation sections of the meetings.

These recordings are taken to facilitate:

a) the preparation and accuracy of the minutes of open Council meetings b) broader access to open Council meetings, and c) the accuracy of submitter details (where relevant). d) By participating in open Council meetings, individuals consent to the use and

disclosure of the information that they share at the meeting (including any personal/sensitive information) for the purposes of Council carrying out its functions. Individuals also consent to the disclosure of that information to any person(s) who access those recordings.

Individuals may request, prior to presenting to Council, they be identified only by their first name. Any statements made or questions asked will still be captured on the recording.

Any queries about these recordings can be directed to the Council by calling 03 5760 2600.

Behaviour at meetings

Members of the public present at a meeting must remain silent during the proceedings other than when specifically invited to address the Committee.

The Chair may order and cause the removal of any person, not being a Councillor, who disrupts any meeting or fails to comply with a direction. A person removed from a Meeting must leave the premises or move to a public area of the premises where they can no longer disrupt the meeting.

If the Chair is of the opinion that disorder in the gallery makes it desirable to adjourn the meeting, the Chair may adjourn the meeting to a later time on the same day or to some later day as the Chair thinks proper.



3. Disclosures of Conflict of Interest Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989, direct and indirect conflict of interest must be disclosed prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting.

Disclosure of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a disclosure in writing, the classification of the interest must still be declared at the meeting):

a) direct financial interest b) indirect interest by close association c) indirect interest that is an indirect financial interest d) indirect interest because of conflicting duties e) indirect interest because of receipt of an applicable gift f) indirect interest as a consequence of becoming an interested party g) indirect interest as a result of impact on residential amenity h) conflicting personal interest.

4. Apologies

Recommendation: That the apology/ies be accepted and a leave of absence granted.

5. Confirmation of the Minutes of the Previous Meetings The minutes have been circulated to Councillors and posted on the Council website www.benalla.vic.gov.au pending confirmation at this meeting.

Recommendation: That the Minutes of the Ordinary Meeting of the Council held on Wednesday 31 July 2019 and the Special Meeting of the Council held on Wednesday 25 September 2019 be confirmed as true and accurate records of the meetings.



6. Public Question Time Council’s Governance Local Law 2016 provides the opportunity for members of the public to lodge written questions of broad interest to the Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through the Customer Request Management System.

Public question time will not exceed 10 minutes in duration unless the Council resolves otherwise.

No person may submit more than two questions at any one Meeting. A question may be disallowed by the Chair if the Chair determines that it:

relates to a matter outside the duties, functions and powers of Council; is defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable

in language or substance; may lead to a breach of the Council’s obligation to comply with information

privacy principles or any Act; is aimed at embarrassing a member of the Council or Council staff; deals

with a subject matter already answered; or is a matter that may be deemed to be confidential in accordance with the

Local Government Act 1989. All questions and answers must be as brief as possible, and no discussion may

be allowed other than by Councillors for the purposes of clarification. Like questions may be grouped together and a single answer provided. The Chair may nominate a Councillor, the Chief Executive Officer or another

member of Council staff to respond to a question.

7. Petitions



8. Record of Committees

8.1 Planning and Development Committee

Report and recommendations of the Planning and Development Committee held on Wednesday 25 September 2019.

1. Public submissions on any matter

No public submissions were made to the meeting.

2. Tree Asset Maintenance Management Plan 2018 – 2021

The report presents the Tree Asset Maintenance Management Plan 2018-2021 for adoption (refer Appendix 1).

Cr Alexander / Cr Firth 1. That the report be noted. 2. That the Tree Asset and Maintenance Management Plan 2018-2021 be

adopted. Carried.

3. Review of Council Memorial Policies

The report presents for review and adoption three policies relating to the establishment and maintenance of memorials.

Cr Firth / Cr Claridge 1. That Council policies: CP 09 Memorials Siting, CP 10

Commemorative Memorials Guidelines and CP 12 Roadside Fatality Memorial Guidelines be adopted.

2. That Council policies CP 09 Memorials Siting, CP 10 Commemorative Memorials Guidelines and CP 12 Roadside Fatality Memorial Guidelines be reviewed in September 2021.

Carried.



4. Statutory and Strategic Planning Notification Policies

The report presents for adoption statutory and strategic planning notification policies.

Cr Davis / Cr Claridge 1. That Council policies: CP18 Statutory Planning Permit Application

Notification Policy and CP 19 Strategic Planning Amendment Notification Policy be adopted.

2. That Council policies: CP18 Statutory Planning Permit Application Notification Policy and CP 19 Strategic Planning Amendment Notification Policy be reviewed in September 2021.

Carried.

5. Planning Application for a 34 Lot Subdivision and Removal of Native Vegetation at 30 Inglis Road, Benalla

It is recorded that the following persons addressed the Council in support of the application:

▪ Matthew Fischer, Tomkinson Group ▪ Rosemary Inglis, land owner The report assesses planning permit application P0080/19 for a 34 lot subdivision and the removal of native vegetation at 30 Inglis Road, Benalla.

Cr Firth / Cr Davis That the Planning and Development Committee, acting under its delegated authority of the Council, having caused notice of Planning Application No P0080/19 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Grant a Permit under the provisions the Benalla Planning Scheme in respect of the land known and described as 30 Inglis Road, Benalla, for a 34 lot subdivision in accordance with the endorsed plans, with the application dated 24 June 2019, subject to the following conditions: 1. Prior to certification of the plan of subdivision, amended plans to

the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the Concept Development Plan submitted [Drawing No. W1090-CP01-05 Rev E] but modified to show:



a. provision of a 20m Wide Road Reserve connecting to the RLZ land to the east of the proposed development to improve connectivity and provide an overland flow path for the upstream catchment

b. provision of a 10m wide drainage reserve along the western boundary of lots 20, 25 and 31 linking to the proposed reserve

c. provision of building and effluent disposal envelopes for all lots d. a Building Exclusion Zone in accordance with Condition No. 53

of this permit. 2. The subdivision as shown on the endorsed plan(s) and/or described

in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

3. Prior to the issue of a Statement of Compliance for the subdivision, all planning conditions and all other requirements of the responsible authority and the relevant referral authorities must be completed, or satisfactorily provided for, to the satisfaction of the Responsible Authority and the relevant referral authorities.

4. Prior to the issue of a Statement of Compliance for each stage of the subdivision, the permit holder must undertake, or cause to be undertaken for that stage, full construction of all new access ways, drainage and related infrastructure as required by the conditions of this permit.

All the works must conform to plans and specifications prepared at the expense of the applicant by a qualified Engineer, and endorsed by the Responsible Authority prior to commencement of construction. Unless otherwise agreed in writing, the Authority will only approve plans and specifications that comply with the most recent version of the Infrastructure Design Manual [IDM) published by the Local Government Infrastructure Design Association, and with all relevant permit conditions.

5. No covenant or restriction of title may be registered on the subject land unless otherwise approved in writing by the Responsible Authority.

6. The owner of the land must enter into an agreement with: a. a telecommunications network or service provider for the

provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b. a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is



in an area where the National Broadband Network will not be provided by optical fibre.

7. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: a. a telecommunications network or service provider that all lots

are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b. a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Restrictions and Agreements 8. Prior to Certification of the Plan of Subdivision for each stage of the

subdivision the permit holder / owner must undertake the creation of a restriction on the Plan of Subdivision which creates the following: Building Envelopes a. All Buildings and Works, including Dwellings and associated

outbuildings, including all allowable encroachments, eaves, porches and the like, must only be constructed within building envelopes shown on the plan.

9. Prior to the issue of a Statement of Compliance for each stage of the subdivision, the owner of the subject land must, at no cost to the Responsible Authority, enter into an agreement (in a form satisfactory to the Responsible Authority) with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 and confirmation of lodgement submitted. This agreement must provide that: Except with the prior written consent of the Responsible Authority; a. All stormwater falling on the roof of each habitable building on

the Lot must be collected and conveyed to a rainwater tank, or series of tanks, with a storage capacity of at least 25,000 litres.

b. The required tank(s) must be installed prior to the commencement of the use of the respective buildings or as directed by the Responsible Authority, whichever occurs first.

c. Each rainwater tank installed pursuant to this Agreement must incorporate a drawdown outlet, not more than 50mm in diameter, installed in a manner that ensures that a reserve capacity of at least 15,000 litres will be restored following drawdown.



d. The discharge from all drawdown outlets and tank overflow outlets must be collected and conveyed by pipes to a nominated legal point of discharge.

e. All works prescribed by this Agreement are to be completed to the satisfaction of the Responsible Authority.

f. Works prescribed by this Agreement may not be altered in any shape or form without the prior written consent from the Responsible Authority.

g. Each rainwater tank system will be maintained to the satisfaction of the Responsible Authority.

h. A duly appointed officer of the Responsible Authority will be allowed to inspect the rainwater tank system at mutually agreed times to ensure compliance with this Agreement.

The owner/operator under this permit must pay full costs of the preparation, execution and registration of the Section 173 Agreement.

Wastewater 10. Prior to Statement of Compliance for stage 1 of the Subdivision the

developer must upgrade the existing wastewater disposal area for the existing dwelling (on Lot 1) and confirm that it is within the confines of the proposed Lot 1 allotment. The current house septic system will need to be upgraded as per the recommendations outlined in the Addendum to the Porter Environmental LCA Report “Effluent Disposal Option for current homestead property” dated 11/12/2018.

11. Prior to the certification of the plan of subdivision, a Land Capability Assessment taking into account the entirety of the land (Stages 1 & 2) must be submitted to and approved by the Responsible Authority.

Drainage 12. Before construction begins for each stage of the subdivision,

drainage plans and computations, prepared in accordance with IDM procedures and criteria, must be submitted to, and approved by, the Responsible Authority.

13. Prior to the issue of a statement of compliance for each stage of the subdivision the permit holder must satisfy the Responsible Authority that: a. a legal point of discharge, connected to the external drainage

network in accordance with IDM standards and without reducing the flow capacity or structural integrity of that network, has been established within the boundary of each Lot.

b. all stormwater runoff originating from or transferred through each Lot in a 20% AEP rainfall event will be collected and



conveyed by underground pipes or open channels to a legal point of discharge.

c. all stormwater runoff originating from or transferred through each Lot in a 1% AEP rainfall event will be collected and conveyed to a practical and satisfactory destination, without adversely affecting any person, infrastructure or natural features in or beyond the Lot.

d. measures to improve drainage in the surrounding area have been considered, including measures to assist in and making provision for draining external catchments and the outfall along Inglis Road and Witt Street including upgrading of drains and culverts as required.

e. the finished surface level within all building envelopes associated with each Lot will be above the peak water level in nearby drainage reserves, waterways, floodways or water bodies in a 1% AEP rainfall or flood event.

f. all fencing installed on any boundary between the Lot and an adjacent drainage reserves, waterway or area subject to inundation is of open construction and does not obstruct natural surface flows into and out of the site.

g. any necessary easements have been created to facilitate future connection to, and maintenance of, drainage infrastructure serving more than one Lot or property, and that no damage to the infrastructure contained in existing easements has been occasioned by the relevant construction processes and activities.

14. Prior to the issue of a statement of compliance for each stage of the subdivision, when permission has been granted for stormwater from all or part of the subject property to be discharged directly to an adjacent waterway, effective measures must be taken to prevent backflow from the waterway during a 1% AEP flood event.

On-Site Detention 15. Before construction begins for each stage of the subdivision the

permit holder must satisfy the Responsible Authority that: a. sufficient on-site detention will be provided to limit the peak

discharge from the developed site in a 1% AEP rainfall event to the corresponding pre-development level for each stage as recommended by the IDM.

b. any in-ground infrastructure intended to collect surface runoff and limit the resultant outflow will make provision to protect the relevant control device from blockage so far as reasonably practicable, and to mobilise an alternative flow path should blockage be experienced.



16. Before construction begins for each stage of the subdivision, detailed plans and computations for the proposed rainwater tanks, retardation basin, together with access routes and working platforms for maintenance, must be prepared by a Qualified Engineer in accordance with Clause 18 of the IDM, and be submitted to and approved by the Responsible Authority.

Water Sensitive Urban Design 17. Before construction begins for each stage of the subdivision, the

applicant must satisfy the Responsible Authority that appropriate measures will be taken to enhance the quality of stormwater discharged from the developed site, in accordance with IDM procedures and criteria.

Road Design 18. The permit holder must engage a qualified civil engineer to design

the roads and intersections serving the development, including: a. required upgrading of existing public roads and intersections

and the associated drainage systems b. traffic calming measures to ensure that drivers are adhering to

local speed limits in accordance with IDM standards. The plans must be submitted to and approved by the Responsible Authority prior to the commencement of works.

19. Prior to the issue of a Statement of Compliance for Stage 1 of the subdivision the intersection of Inglis Road and Witt Street must be upgraded to comply with Austroads Guide to Road Design Part 3: Geometric Design and Austroads ‘Guide to Road Design –Part 4A: Unsignalised and Signalised Intersections with reference in particular to: a. Section 3 Sight Distance b. Section 4 Types of Intersection and Their Treatment.

Assessment must be made of any mitigating works required to meet the relevant standards (i.e. BAL / BAR treatment) if required and to the satisfaction of the Responsible Authority.

20. All roads within the new subdivision and the intersection of Witt Street and Inglis Road must be provided with public lighting in accordance with the requirements of the relevant Australian Standards. New lighting should be located outside the Clear Zones wherever possible, and meet the standards for Category V or Category P lighting, as appropriate.

21. Prior to the issue of a statement of compliance for Stage 1 of the subdivision the permit holder must satisfy the Responsible Authority that Inglis Road must be upgraded for the full length in accordance with Table 6 of the Infrastructure Design Manual (IDM)



standards “Low Density Residential Access Road” with a minimum carriageway width of 6.2m with 1.5m shoulders, in accordance with IDM standards for low density residential collector roads. Open drainage channels disturbed by any road widening works must be reinstated, to the satisfaction of the Responsible Authority.

22. Prior to the issue of a statement of compliance for each stage of the subdivision the permit holder must satisfy the Responsible Authority that: a. all roads and intersections have been constructed in

accordance with the approved designs and IDM standards. b. all existing or proposed roads within the subject property have

been provided with appropriate high-efficiency street lighting in accordance with IDM standards and AS1158.

Property Access 23. Prior to the issue of a statement of compliance for each stage of the

subdivision the permit holder must satisfy the Responsible Authority that a vehicle crossing providing each Lot with safe and convenient access to and from a suitable public road has been designed, constructed, sealed and drained in accordance with IDM standards, to the satisfaction of the Responsible Authority.

24. Prior to the issue of a statement of compliance for Stage 2 of the subdivision, the permit holder must satisfy the Responsible Authority that the extended driveway for Lot 24 has been constructed, sealed and open drains have been designed and submitted for approval in accordance with IDM standards and to the satisfaction of the Responsible Authority.

Earthworks 25. Prior to the issue of a statement of compliance for each stage of the

subdivision the permit holder must satisfy the Responsible Authority that: a. where an existing dam, basin or other water body is to be filled,

the area has been drained and desilted in accordance with IDM standards before filling commences.

b. any fill required for finished surface levels to comply with drainage, building, parking and/or access requirements has been selected, placed and compacted in layers, in accordance with IDM standards.

c. any batters formed, or retaining walls constructed, whose individual or cumulative height above or below ground level in adjacent properties exceeds one metre, and/or any soil stabilisation measures, have been designed by, and constructed under the supervision of, a qualified civil engineer, in accordance with IDM standards.



Landscaping 26. Before construction begins, a detailed landscape plan must be

prepared by a person suitably qualified or experienced in landscape design, and must be submitted to and approved by Council. The plan must show: a. New plantings to be provided in any road reserves and

municipal reserves b. A detailed planting schedule of all proposed trees, shrubs and

ground-covers c. Paths, paved areas, structures and street furniture d. Detailed planting and construction layout drawings, including

site contours e. Any changes to existing levels, including elements such as

retaining walls f. Certified structural designs or building forms where required g. Removal of existing infrastructure or stockpiles and weed

eradication h. Fencing of all Reserves to be handed over to Council.

Prior to the issue of a statement of compliance for each stage of the subdivision all works shown on the landscape plan for that stage must be completed to the satisfaction of Council.

Staged Development 27. Where the permit holder intends to complete a development in

stages, plans and specifications for each stage, including any temporary works required to facilitate traffic movements once that stage is complete, must be submitted to and approved by the Responsible Authority before construction begins, and the permit holder must lodge with the Authority a bond sufficient to cover the full costs of upgrading any temporary works associated with the stage in question.

28. Prior to the issue of a statement of compliance for each stage of the subdivision: a. should any drainage infrastructure essential to the operation of

the completed stages be located outside the boundaries of those stages, the permit holder must satisfy the Responsible Authority that temporary easements must be provided so that the Authority has appropriate legal access to the infrastructure in question.

b. should any road terminate before the location of the permanent court bowl on completion of the stage, the permit holder must satisfy the Responsible Authority that a temporary court bowl



has been designed and constructed in accordance with IDM standards, and arrangements must be made to ensure that the adjacent permanent sealed road surfaces are not damaged.

Within two years of the issue of a statement of compliance for each stage of the subdivision, unless development of the property beyond that point has commenced, the permit holder must satisfy the Responsible Authority that any temporary court bowl remaining from a previous stage has been designed, constructed and sealed in accordance with IDM standards.

Infrastructure Transferred to Council 29. All civil infrastructure works, other than landscape elements,

created by the development, and passing into the ownership and control of Council, must, following practical completion of the works, be maintained by the applicant in good condition and repair for a period of three months, with any subsequent defects being corrected as they become evident for a further period of nine months.

30. All landscape elements, including vegetation integral to the operation of WSUD devices, created by the development, and passing into the ownership and control of Council, must be maintained by the applicant in good condition and repair, with all defects corrected, for a period of at least 24 months, including two complete summers, from practical completion. During this period, any dead, diseased or damaged (other than by intentional action) plants and/or landscaped areas must be repaired or replaced as soon as reasonably possible, rather than upon completion of the maintenance period.

31. Prior to the issue of a Statement of Compliance for each stage of the subdivision: a. an itemised statement of the civil construction costs for the

current stage, excluding GST, must be submitted to and approved by the Responsible Authority.

b. the permit holder must provide Council with a maintenance bond equal to five per cent of the approved civil construction costs for the current stage. This bond will be held by Council until any and all defects notified to the applicant before or during the maintenance and defects liability period have been made good to the satisfaction of Council.

c. the permit holder must pay to Council plan checking fees equal to 0.75 per cent, and works supervision fees equal to 2.5 per cent, of the approved civil construction costs for that stage.

d. the permit holder must arrange for CCTV verification of all underground drainage assets which will be handed over to Council at the conclusion of that stage, and must supply the



results of that verification to Council at the time, and in the format, specified in the IDM.

e. the permit holder must submit the following “as constructed” drawings and information: i. Copies of engineering drawings/data in MapInfo Tab or

MIF_MID format with a Projection GDA94/MGA55 ii. Copies of engineering drawings/data in PDF format iii. “As Constructed Information” of the Road, Drainage, Kerb &

Footpath information component of the subdivision as well as information of all of Benalla’s assets in accordance with the current versions of D-Spec and R-Spec

iv. A certified plan showing the extent and depth of fill in excess of 300mm placed on any of the allotment

v. An assets statement for each street. Please refer to the A-SPEC website for further information www.a-specstandards.com.au

32. Prior to the issue of a Statement of Compliance for Stage 2 of the subdivision, a report must be undertaken by a suitably qualified arborist to assess the condition of the existing trees in the reserve to be handed to Council. The recommendations of the report and works to be carried out on the trees must be carried out prior to the issue of a Statement of Compliance.

Construction 33. Before construction begins for each stage of the subdivision a Site

Management Plan for that stage of the subdivision must be submitted to and approved by the Responsible Authority, and effective measures consistent with the Plan must be taken to: a. Implement effective traffic management and environmental

controls b. Establish and maintain safe construction vehicle access to the

site c. Maintain vehicle and machinery hygiene d. Avoid the spread of soil-borne pathogens and weeds e. Minimise erosion, sedimentation and contamination f. Reduce the impact of noise, dust and other emissions during

construction g. Prevent mud, dirt, sand, soil, clay or stones from entering the

drainage system h. Avoid having such materials deposited on public land by

construction vehicles

http://www.a-specstandards.com.au/



i. Establish and maintain all recommended Tree Protection Zones. 34. During construction, no excavated or construction materials may be

placed or stored outside the site area or on adjoining road reserves, except where the materials are required for any road or footpath construction works in such reserves which are required as part of this permit.

35. As soon as practicable after construction has been completed, all areas disturbed in the course of the works must be restored to their original condition, to the satisfaction of the Responsible Authority.

Native Vegetation 36. During construction works on the site, any remnant vegetation must

be protected by an appropriate Tree Retention Zone (TRZ), free of digging, trenching, excavation, stockpiles, chemical or material mixing and storage, parking or any other disturbance, and marked with a physical barrier on site. The TRZ will have a radius from the tree of at least 12 DBH (diameter of the tree at breast height) (as per Australian Standards). By default, a tree will be considered lost and require an offset if one of the above activities occurs over more than 10% of the total area of the TRZ. If these exclusion zones are not put in place or construction works cannot be physically carried out without impacting these zones, these trees, whilst still retained must be counted as removed and an appropriate offset plan produced. Consideration should be given to trees adjoining new road reserves and adjoining the site boundaries which may be impacted by improvements to access to the site and construction of the subdivision. If any vegetation is removed, destroyed or lopped to provide access to any of the site or construction of the subdivision, or the appropriate TRZ is not adhered to, an amended Biodiversity Assessment Report must be submitted to the satisfaction of the responsible authority. This may change the assessment pathway that the application has been assessed against. Permission is given for removal of 1 scattered large remnant tree as marked in the Biodiversity Assessment Report to allow for construction of the subdivision. This application has been assessed under the intermediate assessment pathway. The scattered tree is remnant native vegetation and a general offset will be required.

37. The applicant is to provide a Vegetation Offset Management Plan (VOMP) which includes offset calculation, location of offset site, planting plan, and maintenance plan to the satisfaction of the responsible authority. The offset must: a. Contribute gain of 0.103 general biodiversity equivalence units b. Be located within the Goulburn Broken Catchment Management

Authority (CMA) or Benalla Rural City Council municipal district



c. Have a strategic biodiversity score of at least 0.444. 38. Prior to the issue of a Statement of Compliance for Stage 1 of the

subdivision, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. The offset must meet the offset requirements set out in this permit and be in accordance with the requirements of the Guidelines for the removal, destruction or lopping of native vegetation. Offset evidence can be either: a. A security agreement, to the required standard, for the offset

site or sites, including a 10 year management plan. b. A credit register extract from the Native Vegetation Credit

Register. Country Fire Authority 39. Hydrants

Prior to the issue of a Statement of Compliance under the Subdivision Act 1988 the following requirements must be met to the satisfaction of the CFA: a. Above or below ground operable hydrants must be provided.

The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured around lot boundaries.

b. The hydrants must be identified with marker posts and road reflectors as applicable to the satisfaction of the Country Fire Authority.

Note - CFA’s requirements for identification of hydrants are specified in ‘Identification of Street Hydrants for Firefighting Purposes’ available under publications on the CFA web site www.cfa.vic.gov.au

Roads 40. 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. a. The average grade must be no more than one in seven (14.4 per

cent) (8.1 degrees) with a maximum of no more than one in five (20 per cent) (11.3 degrees) for no more than 50 meters. Dips must have no more than a one in eight (12 per cent) (7.1 degree) entry and exit angle.

b. Curves must have a minimum inner radius of 10 metres.



c. Roads must have a minimum trafficable width of 3.5 metres and be clear of encroachments for at least 0.5 metres on each side and four metres above the access way.

d. Roads more than 60 metres in length from the nearest intersection must have a turning circle with a minimum radius of eight metres (including roll-over kerbs if they are provided) T or Y heads of dimensions specified by the CFA may be used as alternatives.

North East Water 41. The owner of the subject land (or applicant in anticipation of

becoming the owner) is required to enter into a formal agreement with North East Water for the complete construction works necessary for the provision of reticulated water supply to each of the lots within the subdivision, at the owners cost, to the satisfaction of North East Water and in accordance with its current policy and requirements.

42. Prior to the issue of a Statement of Compliance, the applicant must pay a new customer contribution determined in accordance with North East Water’s policy for development charges applicable to the water supply system currently servicing the area in which the subject land is located.

43. The works required to be constructed for the provision of water supply must include, where so required by and to the satisfaction of, North East Water: a. Works external to the subject land to allow connection to the

North East Water water supply; b. The vesting at no cost of such of those works required by North

East Water, to North East Water (“Developer Works”); and c. Works to ensure compatibility with and allowance for, other

developments being served through existing and future North East Water infrastructure, including the Developer Works.

44. Any modification to the development approved under this permit, including an increase of decrease in the number of dwelling or lots (or both) or the inclusion of additional land, requires the further consent of an may be subject to modified conditions to the satisfaction of, North East Water.

45. The applicant must ensure that private water services do not traverse property boundaries and are independently supplied from a point of supply approve by North East Water.

46. The applicant must provide easements through other land, to the satisfaction of North East Water, if such easements are considered necessary for the efficient and economic servicing of the subject land.



47. Where the subject land is developed in stages, the above conditions will apply to any subsequent stage of the subdivision.

48. Where an easement created in favour of North East Water is located within a proposed road reserve in a future stage, prior to certification of the plan of subdivision for that stage, the applicant must formally remove the easement from the title to the land.

49. The plan of subdivision for certification must be referred to the Authority in accordance with Section 8 of the Subdivision Act 1988.

50. North East Water’s consent must be sought by the Responsible Authority prior to issuing a Statement of Compliance under the Subdivision Act 1988

Ausnet Services 51. The plan of subdivision submitted for certification must be referred

to AusNet Electricity Services Pty Ltd in accordance with Section 8 of the subdivision Act 1988.

52. The applicant must: a. Enter in an agreement with AusNet Electricity Services Pty Ltd

for supply of electricity to each lot on the endorsed plan. b. Enter into an agreement with AusNet Electricity Services Pty Ltd

for the rearrangement of the existing electricity supply system. c. Enter into an agreement with AusNet Electricity Services Pty Ltd

for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by AusNet Electricity Services Pty Ltd.

d. Provide easements satisfactory to AusNet Electricity Services Pty Ltd for the purpose of "Power Line" in the favour of “AusNet Electricity Services Pty Ltd “pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing AusNet Electricity Services Pty Ltd electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

e. Obtain for the use of AusNet Electricity Services Pty Ltd any other easement required to service the lots.

f. Adjust the position of any existing AusNet Electricity Services Pty Ltd easement to accord with the position of the electricity line(s) as determined by survey.

g. Set aside on the plan of subdivision Reserves for the use of AusNet Electricity Services Pty Ltd for electric substations.

h. Provide survey plans for any electric substations required by AusNet Electricity Services Pty Ltd and for associated power lines and cables and executes leases for a period of 30 years, at



a nominal rental with a right to extend the lease for a further 30 years. AusNet Electricity Services Pty Ltd requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88 (2) of the Transfer of Land Act prior to the registration of the plan of subdivision.

i. Provide to AusNet Electricity Services Pty Ltd a copy of the plan of subdivision submitted for certification that shows any amendments that have been required.

j. Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by AusNet Electricity Services Pty Ltd. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998.

k. Ensure that all necessary auditing is completed to the satisfaction of AusNet Electricity Services Pty Ltd to allow the new network assets to be safely connected to the distribution network.

APA Group 53. Easements in favor of “Australian Gas Networks (VIC) Pty Ltd” must

be created on the plan to the satisfaction of APT. 54. The plan of subdivision submitted for certification must be referred

to APT O&M Services Pty Ltd, in accordance with Section 8 of the Subdivision Act 1988.

Goulburn Broken Catchment Management Authority 55. The plan of subdivision be amended, and submitted for approval by

the Goulburn Broken CMA, to include a “building exclusion zone” (BEZ) along the five-metre wide drainage easement (from the railway reserve to the BEZ on proposed Lot 31) that is to be delineated by determining flood depths greater than 300 millimetres for the 100-year ARI flood. For this purpose, flood level of 168.17 metres AHD is to be adopted immediately upstream of the BEZ located on proposed Lot 31 to 168.6 metres AHD at the railway reserve. It may be assumed that flood levels between the two specified flood levels may be determined by linear interpretation.

Permit Expiry 56. This permit will expire if one of the following circumstances applies:

a. Stage 1 of the plan of subdivision is not certified within two years of the date of this permit

b. Stage 2 of the plan of subdivision is not certified within four years of the date of this permit



c. Each stage of the plan of subdivision is not registered at Land Registration Services within five years of the certification of the respective stage.

The Responsible Authority may extend the time for the completion of part (a) and/or (b) if a request is made in writing before the permit expires or within six months afterwards.

Carried.

6. Amendment C39 – 167 Sydney Road, Benalla – to Rezone Land From Special Use Zone Schedule 3 to Industrial 1 Zone

Cr Danny Claridge declared a direct conflict of interest for the reason that he is the owner of the land under consideration. Cr Claridge left the meeting at 6.30pm.

The report assesses a planning scheme amendment to rezone land at 167 Sydney Road, Benalla from Special Use Zone Schedule 3 (SUZ3) to Industrial 1 Zone (IN1Z) (Amendment 39).

The Council has received a request from Oxley & Co on behalf of the owner of the land to rezone the land at the above address for Industrial purposes.

Cr Alexander / Cr Davis That Council prepare Amendment C39 by undertaking the following actions: 1. Request under Section 9(2) of the Planning and Environment Act

1987 that the Minister for Planning authorise Benalla Rural City Council to prepare Amendment C39 to the Benalla Planning Scheme.

2. Notify the Minister for Planning that when it resolves to prepare and exhibit Amendment C39, Benalla Rural City Council intends to give full notification of the amendment under Section 19 of the Planning and Environment Act 1987 for the minimum statutory exhibition period of one month.

3. When authorised by the Minister for Planning, exhibit Amendment C39 to the Benalla Planning Scheme under Section 19 of the Planning and Environment Act 1987.

Carried.

Cr Claridge returned to the meeting at 6.35pm.



7. Building and Planning Approvals – July 2019

The report details planning permit applications and building approvals for July 2019.

Cr Alexander / Cr Claridge That the report be noted.

Carried.

8. Building and Planning Approvals – August 2019

The report details planning permit applications and building approvals for August 2019. Cr Davis / Cr Alexander That the report be noted.

Carried.

Recommendation: That the reports and recommendations of the Planning and Development Committee Meeting held on Wednesday 25 September 2019 be adopted.



8.2 Finance and Operations Committee

Report and recommendations of the Finance and Operations Committee meeting held on Wednesday 2 October 2019.

1. Public submissions on any matter

No public submissions were made to the meeting.

2. Presentation: Youth Space

Youth Development Coordinator Stephanie Brack and three young people, Taryn Schultz, Maggie Powell and Ben Milner, presented on the Youth Space project.

Cr Upston / Cr Hearn That the presentation be received.

Carried.

3. 2019/20 Community Sponsorship Program

The report presents funding applications under the 2019/20 Community Sponsorship Program.

Cr Davis / Cr Upston That the following grants be funded from the 2019/20 Community Sponsorship Program: Benalla Wide Action Group $500 Goomalibee Fire Brigade $500 Let us Entertain You Inc. $500

Carried.

4. 2019/20 Facility Hire Subsidy Program

Cr Danny Claridge declared a direct conflict of interest for the reason he is the President of the Friends of BPACC. Cr Claridge left the meeting at 6.28pm. The report presents the application from the Friends of BPACC Inc for consideration under the Facility Hire Subsidy Program for the 2019/20 financial year.



Cr Firth / Cr Davis That a 100 per cent subsidy be provided to the Friends of BPACC Inc.

Carried. Cr Claridge returned to the meeting at 6.31pm.

5. Procurement Policy Review

The report presents Council Policy 16: Procurement Policy for review and adoption.

Cr Upston / Cr Hearn 1. That the Procurement Policy be adopted with the following

inclusion under the heading Sustainability: ▪ The Council’s procurement projects should automatically

consider the provision of reuse and recycling as part of the project planning process, including the consideration of whole life costs and disposal.

2. That the Procurement Policy be reviewed in October 2020. Carried.

6. Instrument of Delegation from the Council to Staff

The report presents the amended version of the Instrument of Delegation – Council to Staff.



Cr Claridge / Cr Davis In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached instrument of delegation, the Council resolves that: 1. There be delegated to the members of Council staff holding, acting in

or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

2. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

3. On the coming into force of the instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

5. The instrument be signed and sealed. Carried.

7. Mayoral and Councillor Allowances – allocation of savings

The report details the savings resulting from a reduction in the Mayoral and Councillor Allowances in the 2017/18 Council Year, to be allocated to a charity or project.

Cr Hearn / Cr Davis That $5,077 from the reduction in the Mayoral and Councillor Allowances in the 2018/19 Council Year be allocated as follows:

▪ $1,000 towards a new toilet block at Goorambat ▪ $4,077 towards the “digital diaries” biographical project

Carried.

Recommendation: That the report and recommendations of the Finance and Operations Committee meeting held on Wednesday 2 October 2019 be adopted.



8.3 Assemblies of Councillors, advisory and external committees

The Victorian Local Government Act 1989 requires that the Chief Executive Officer keep a written record of Assemblies of Councillors. The record of Assemblies since the Council Meeting on 26 June 2019 is attached as Appendix 1.

Records of the following meetings have been circulated to Councillors under separate cover. Copies of non-confidential documents are available on request from the Customer Service Centre.

July

23 Benalla Art Gallery Committee – Special Meeting 26 Australia Day Advisory Committee

August

21 Live4Life Partnership Group 29 Accessibility Reference Group

September

12 Municipal Fire Management Planning Committee 16 Benalla Festival Advisory Committee 17 Audit Advisory Committee 18 Assembly of Councillors – Business Review 18 CEO Performance Advisory Committee 20 Benalla Airport Advisory Committee 24 CBD Infrastructure Group 24 Arundel Street Benalla Ovals Sports Facility Project Control Group

Recommendation: That the reports be noted.

Record of Assemblies of Councillors Council meeting cycle end 9 October 2019

Australia Day Advisory Committee 10am Friday 26 July 2019, Civic Centre – Council Meeting Room Chair Councillor Barbara Alexander Committee Councillor Bernie Hearn

Amanda Challis – Community Representative Jade Kirk – Community Representative Robyn Goudie – Community Representative Christine Werner – Community Representative Diane Young – Community Representative

In attendance Sharon Geer – Events Coordinator Kirsten Hein – AO ACTE

Apologies Cr Bernie Hearn, Amanda Challis, Jade Kirk, Diane Young Item discussed Conflicts of interest

disclosed 1. Appointment of Independent Members Nil 2. Australia Day Program 2020 Nil 3. Australia Day Awards Nil

Live4Life – Benalla Partnership Group 1.30pm 21 August 2019, Sir Edward ‘Weary’ Dunlop Learning Centre Chair Stephanie Brack – Youth Development Coordinator Committee Bek Nash Webster - Murray PHN

Bek Morecroft - Youth Live4Life Inc. Catherine Burton - FCJ College Rebecca Higginson - Flexible Learning Centre Sally Matheson - Tomorrow Today Foundation Meg Sheehan – Youth Development Officer Paula Allen - Victoria Police Taylah Kirk - Ryan and McNulty Heather Betts – Benalla Health Georgie Gray – NESAY Joylene McNulty – Business Community Member Jane Archbold – Manager Community Mark Byers – Victoria Police

In attendance Daniel Grey - Tomorrow Today Foundation Placement Student Mandy Eddy – Administration Officer - Community

8.3 APPENDIX 1

Record of Assemblies of Councillors - Council meeting cycle end 9 October 2019 2

Apologies Heather Betts, Georgie Gray, Joylene McNulty, Jane Archbold, Mark Byers

Item discussed Conflicts of interest disclosed

1. Keep It Real Nil 2. Live4Life Benalla Nil 3. Other business including Youth Strategy draft, youth

space Nil

Accessibility Reference Group 10am 29 August 2019, Civic Centre (Council Meeting Room) Chair Cr Barbara Alexander Committee Cr Don Firth

Roslyn Archer - Support Worker (Benalla Support Group) Graeme Brennan - Manager Yooralla Annemarie Broughton - Community Representative Dawn Keast - Community Representative Keith Menere - Community Representative Cheryl-Anne Menere - Community Representative Tracy Lord - Community Representative Jenny Jackson - Community Representative Sheryle Stubbs - Community Representative David Horan - Community Representative Graham Moore - Community Representative Stephanie McGrath - Community Representative Jarryd Cutler - Access All Abilities provider (Valley Sport) Renee Leary - Latrobe Community Health Naylan McDonell - Scope Jane Archbold - Manager Community Development Natalie Phillips - Rural Access Worker

Apologies Cr Don Firth, Ros Archer, Graeme Brennan, Jenny Jackson, David Horan, Stephanie McGrath, Jarryd Cutler, Naylan McDonell

Item discussed Conflicts of interest disclosed

1. Community Access and Inclusion Plan Nil 2. Advocacy and Blue Book issues Nil 3. International Day for People with a Disability Nil 4. Project ideas for future ILC grants Nil 5. Community Connect – open forum Nil


Municipal Fire Management Planning Committee 9.30am Thursday 12 September 2019, Department of Environment, Land, Water and Planning, Sydney Road, Benalla Chair Josh Kirby – Emergency Management Coordinator Committee Shane Downie – Compliance Coordinator Richard Mailer – HVP Joel Hughes – Victoria Police Dave Malone – Winton Wetlands Councillor Scott Upston Nilesh Singh – Manager Development Michele Lee - Department of Environment, Land, Water and Planning Apologies Cr Scott Upston, Nilesh Singh, Michele Lee Item discussed Conflicts of interest disclosed

1. Municipal Fire Management Plan Review Nil 2. Municipal Fire Prevention Officer Report Nil 3. Emergency Management Coordinator Report Nil 4. HVP Plantations Officer Report Nil 5. Victoria Police Report Nil 6. Winton Wetlands – Officer Report Nil

Benalla Festival Advisory Committee 4pm 16 September 2019, Customer Service Centre – Geoff Oliver Room Chair Councillor Barbara Alexander Committee Cr Willie van Wersch Diane Harper – Community Representative Vince Branigan – Community Representative Tara Henry – Community Representative Carol Bolitho – Community Representative In attendance Sharon Geer – Events Coordinator Kirsten Hein – AO ACTE Apologies Vince Branigan, Tara Henry, Cr Willie van Wersch Item discussed Conflicts of interest disclosed

1. 2019 Program of Events 2-10 November Nil 2. Sponsorship Nil 3. Marketing Nil 4. Competitions Nil


CBD Infrastructure Working Group 9.30am Tuesday 17 September 2019, Civic Centre (Council Meeting Room) Chair Councillor Barbara Alexander Committee Councillor Willie van Wersch Councillor Don firth Dom Testoni – Chief Executive Officer Don Spokes – Manager Operations Shane Downie – Compliance Coordinator Dean Steegstra – Operations Coordinator Parks In attendance Kirri Brightmore – Administration Officer Item discussed Conflicts of

interest disclosed 1. Tree Asset and Maintenance Management Plan 2018-2021 Nil 2. Access to Benalla Dump Point at Airport toilets and GOTAFE

parking Nil

3. “Water fit for consumption” signs at Benalla Airport Nil 4. Sir Edward ‘Weary’ Dunlop Learning Centre parking options Nil 5. Fawckner Drive Nil 6. Heritage Listed Gutters Nil

Audit Advisory Committee 5pm Tuesday 17 September 2019, Civic Centre (Council Meeting Room) Chair Wayne Neylon Committee Cr Barbara Alexander Cr Bernie Hearn Mr Cameron Gray Ms Rita Ruyters Mr John Stapleton In attendance Cr Danny Claridge Cr Peter Davis Cr Scott Upston (Mayor) Cr Willie van Wersch Dom Testoni – Chief Executive Officer Robert Barber – General Manager Corporate Cathy Fitzpatrick – Manager Finance Luke Drummon – Johnsons MME Chartered Accountants Apologies Cr Don Firth Item discussed Conflicts of interest disclosed 1. Draft Annual Financial Report, Draft Performance

Statement, Draft Closing Report and Draft Final Management Letter for year ended 30 June 2019

Nil


CEO Performance Review Advisory Committee 11.30am Wednesday 18 September 2019 Civic Centre (Council Meeting Room) Chair Councillor Scott Upston Committee Councillor Willie van Wersch

Councillor Barbara Alexander Councillor Don Firth Councillor Bernie Hearn Councillor Danny Claridge Councillor Peter Davis

In attendance Dom Testoni – Chief Executive Officer Apologies Cr Willie van Wersch Item discussed Conflicts of interest

disclosed 1. CEO Key Performance Indicators Nil

Benalla Airport Advisory Committee 3pm Friday 20 September 2019, Customer Service Centre (Geoff Oliver Room) Chair Councillor Peter Davis Committee Councillor Danny Claridge

Jonathan McAliece - Gliding Club of Victoria Craig Morrison - Benalla Aviation Museum Mark Carr - Commercial Operator Martin Tregale - Balloon Association of Victoria Rob Evans - Benalla Aero Club Inc Greg Robertson - Manager Facilities Elsie Northey - Facilities Coordinator

In attendance Lisa Stickland - Administration Officer Apologies Jonathan McAliece, Martin Tregale and Greg Robertson Item discussed Conflicts of interest

disclosed 1. Airport Manager’s report Nil 2. User Group Reports Nil 3. General business including fuel tank relocation, CCTV

camera, security access gate Nil


Arundel Street Benalla Ovals Sports Facility Project Control Group 4pm Tuesday 24 September 2019, Civic Centre (Council Meeting Room) Chair Councillor Peter Davis Committee Cr Willie van Wersch

Dom Testoni - Chief Executive Officer Greg Robertson - Manager Facilities Gerard Komen - Manager Capital Projects Mark Saunders - Bushrangers Cricket Club Inc Bill Ferguson - Benalla Agricultural Society Darren Skelton - Benalla and District Junior Football League Terry Symes - Benalla Showgrounds Committee of Management

Jenny Sloan - Regional Coordinator, Sport & Recreation Victoria In attendance Lisa Stickland - Administration Officer Apologies Greg Robertson Item discussed Conflicts of interest

disclosed 1. Review of Action List Nil 2. Review of proposed layout Nil



9. Reports by Officers

9.1 Authorisation of Signing and Sealing of Documents

The S6 - Instrument of Delegation from Council to members of Council staff delegates certain powers directly from the Council to Council staff due to various Acts and Regulations containing specific powers of delegation.

The Finance and Operations Committee recommended at its meeting on 2 October 2019 that the updated S6 Instrument of Delegation from the Council to Members of Staff be signed and sealed. Subject to adoption of the recommendation at item 8.2 above, the Instrument is presented for signing and sealing.

Recommendation: That the Instrument of Delegation from the Council to Members of Staff be signed and the Seal of the Council affixed.



9.2 Planning Application for a Funeral Parlour and a Reduction in Car Parking Requirements – 40 Nunn Street, Benalla

DA6840 Joel Ingham - Planning Coordinator

Robert Barber - General Manager Corporate PURPOSE OF REPORT

The report assesses planning permit application P0070/19 to use and develop the land for a funeral parlour and a reduction in the car parking requirements at 40 Nunn Street, Benalla.

BACKGROUND

Site Address 40 Nunn Street, Benalla

Existing Use Existing commercial building previously used as an office

Proposal To use and develop land for a funeral parlour and a reduction in the car parking requirements.

Applicant Mr Glenn Bouchier

Zone Commercial 1 Zone (C1Z)

Overlays Design and Development Overlay Schedule 1 (DDO1) Heritage Overlay Schedule 26 (HO26) Land Subject to Inundation Overlay (LSIO) Parking Overlay Schedule 1 (PO1)

Referrals External: Section 55 Referrals Goulburn Broken Catchment Management Authority VicRoads Internal: Engineering

PROPOSAL

The applicant is seeking to use and develop the land for a funeral parlour and a reduction in the car parking requirements. The proposal will have the following characteristics.

Funeral Parlour

The floor layout of the funeral parlour will contain a reception area, viewing room, arrangement room, office, kitchen, storeroom, two toilets and a chapel room providing a seating capacity of 80 seats.

The hours of operation for the office component of the use will be from 8.30am to 5pm Monday to Friday, with weekend by appointment only. During office hours there will be two staff maximum on the site at any one time.



It is envisaged by the applicant that the funeral parlour will provide for two funerals per week. Funeral sessions generally last between one to two hours in length between 10am and 4pm. Car Parking

The proposal will provide for the construction of 12 car spaces within the west (rear) and north portions of the site. Pursuant to Clause 52.06 of the Benalla Planning Scheme a funeral parlour must provide 0.3 on-site car spaces to each patron permitted. The funeral parlour will provide for 80 patrons which will require a total of 24 on-site car spaces. The proposal is therefore 12 car spaces short of the required on-site car spaces.

Site and Surrounds

An inspection of the site and the surrounding area has been undertaken.

The subject land is located on the north-west corner of Nunn Street and Church Street, Benalla. The land is rectangular in shape with a frontage to Nunn Street of 21.31m and a frontage to Church Street of 33.78m, yielding an overall site area of 716m². The land contains an existing vacant commercial building which is built to the boundary of Nunn Street and Church Street. Vehicle access can be obtained into the site along the north boundary via Nunn Street and the west boundary via Church Street. An informal parking area exists within the west (rear) portion of the site.

Land to the west of the site is located within a Commercial 1 Zone and contains an existing single-storey dwelling. Land to the north of the site is located within a General Residential Zone and contains a single-storey dwelling used for the purpose of a dental technician.

Land to the east of the site across Nunn Street is located within a Commercial 1 Zone and contains a commercial building on the corner of Church Street and Nunn Street used as a physiotherapist to the north of this commercial building is a residential dwelling. Land to the south of the site across Church Street is located within a Commercial 1 Zone and contains a two commercial buildings use for the purpose of an office and veterinary clinic.



LOCALITY PLAN

Public Notification

The planning application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 by way of the following: ▪ placing a sign at the Nunn Street and Church Street frontages of the site ▪ sending notices to all adjoining and surrounding landowners and occupiers.

Seven objections were received to the application. The objections can be summarised as follows: ▪ The intersection of Church Street and Nunn Street is dangerous and the

proposal will add to traffic to the intersection, making it more dangerous. ▪ The proposal’s lack of car parking will affect parking availability for existing

businesses in the surrounding area. ▪ The proposal will devalue adjoining residences. ▪ The funeral parlour use may be used more than twice per week as discussed

within the traffic report. ▪ The traffic report was conducted in winter and is not a true reflection of peak

parking periods.



Planning Scheme Provisions

The Planning Policy Framework (PPF) Clause 11.01-1R of the Planning Policy Framework relates to Settlement. A strategy of this clause is as follows:

▪ Support improved access to a range of employment and education opportunities, particularly in key urban locations such as Benalla, Seymour, Shepparton, Wangaratta and Wodonga.

Clause 13.03-1S of the Planning Policy Framework relates to Floodplain Management. The objective of this clause is as follows:

To assist the protection of: ▪ Life, property and community infrastructure from flood hazard ▪ The natural flood carrying capacity of rivers, streams and floodways ▪ The flood storage function of floodplains and waterways ▪ Floodplain areas of environmental significance or of importance to river

health. Clause 13.07-1S of the Planning Policy Framework relates to Land Use Compatibility. The objective of this clause is as follows:

▪ To safeguard community amenity while facilitating appropriate commercial, industrial or other uses with potential off-site effects.

Clause 17.01-1S of the Planning Policy Framework relates to Diversified Economy. The objective of this clause is as follows:

▪ To strengthen and diversify the economy. Clause 17.02-1S of the Planning Policy Framework relates to Business. The objective of this clause is as follows:

▪ To encourage development that meets the community’s needs for retail, entertainment, office and other commercial services.

Clause 18.02-4S of the Planning Policy Framework relates to Car Parking. The objective of this clause is as follows:

▪ To ensure an adequate supply of car parking that is appropriately designed and located.



Local Planning Policy Framework Clause 21.04-1 of the Local Planning Policy Framework relates to Flooding. The objective of this clause is as follows:

▪ To discourage development in areas affected by flooding.

Clause 21.06-2 of the Local Planning Policy Framework relates to Retail and Commercial. The objective of this clause is as follows:

▪ To provide for retail and commercial development that meets the needs of the community.

Zone

Pursuant to Clause 34.01 of the Benalla Planning Scheme the subject site is located within a Commercial 1 Zone. The purpose of this zone is as follows:

▪ To implement the Municipal Planning Strategy and the Planning Policy Framework

▪ 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.

A funeral parlour is a Section 2 – Permit Required use under the provisions of this zone (34.01-1). Buildings and works also require a planning permit pursuant to Clause 34.01-4. Overlays

Pursuant to Clause 43.01 of the Benalla Planning Scheme the subject site is affected by a Heritage Overlay Schedule 26 (HO26). The purpose of this overlay to:

▪ Implement the Municipal Planning Strategy and the Planning Policy Framework

▪ Conserve and enhance heritage places of natural or cultural significance ▪ Conserve and enhance those elements which contribute to the significance

of heritage places ▪ Ensure that development does not adversely affect the significance of

heritage places ▪ Conserve specified heritage places by allowing a use that would otherwise

be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

The HO26 relates to the Benalla Central Urban Conservation Area. The area is significant for its role as the commercial centre of Benalla since 1850. A planning permit is required for buildings and works under the provisions of this overlay.



Pursuant to Clause 43.02 of the Benalla Planning Scheme the subject site is affected by a Design and Development Overlay Schedule 1. The design objectives of this overlay are as follows:

▪ Protect Benalla aerodrome, an important asset from development that may affect the safe flying environment of the aerodrome and approaches

▪ Protect the approaches to the Benalla Aerodrome by regulating the construction and height of buildings or works or natural vegetation

▪ Specify the height limitations which apply to the area around the Benalla Aerodrome and along the flight path approaches to the runways.

A planning permit is required for buildings and works under the provisions of this overlay.

Pursuant to Clause 44.04 of the Benalla Planning Scheme the subject site is affected by a Land Subject to Inundation Overlay. The purpose of this overlay is to:

▪ Implement the Municipal Planning Strategy and the Planning Policy Framework

▪ Identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority

▪ Ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity

▪ Reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made

▪ Protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria)

▪ Ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.

A planning permit is required for buildings and works under the provisions of this overlay.

Pursuant to Clause 45.09 of the Benalla Planning Scheme the subject site is affected by a Parking Overlay Schedule 1. The car parking objectives of this overlay are to:

▪ Achieve a balanced outcome with respect to the provision of public and private car parking facilities throughout the Benalla Central Business Area

▪ Identify appropriate car parking rates for various land uses within the Benalla Central Business Area

▪ Provide for the collection of financial contributions to contribute to the construction of shared car parking facilities



▪ Provide the future orderly development of the Benalla Central Business Area and its environs, and improvements to public amenity.

A planning permit is required to reduce the number of car spaces required under the provisions of this zone. Any car spaces not provided on the land are subject to a car parking contribution of $6,431 per car space.

Particular Provisions

Clause 52.06 of the Benalla Planning Scheme relates to car parking. The purpose of this provision is to:

▪ Ensure that car parking is provided in accordance with the Municipal Planning Strategy and the Planning Policy Framework

▪ Ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality

▪ Support sustainable transport alternatives to the motor car ▪ Promote the efficient use of car parking spaces through the consolidation of

car parking facilities ▪ Ensure that car parking does not adversely affect the amenity of the locality ▪ Ensure that the design and location of car parking is of a high standard,

creates a safe environment for users and enables easy and efficient use. A planning permit is required for a reduction in the car parking requirements pursuant to Clause 52.06-5 of these provisions. Referrals

External Referrals/Notices Required by the Planning Scheme:

Referrals/Notice Advice/Response/Conditions Section 55 Referrals

VicRoads No objection subject to conditions

Goulburn Broken Catchment Management Authority No objection subject to conditions

Internal Council Referrals Advice/Response/Conditions Engineering No objection subject to conditions



ASSESSMENT

Objectors’ Concerns

The intersection of Church Street and Nunn Street is dangerous and the proposal will add to traffic to the intersection making it more dangerous

The traffic report submitted with the planning application details that, based on VicRoads data, there are 4,400 vehicles that travel along Nunn Street near the subject site. The proposed use will add 24 trips to the site and 24 trips away from the site before and after a funeral service. The traffic report has found that the level of additional traffic generated by the subject site is anticipated to have minimal impact on the Nunn Road/ Church Street intersection or the surrounding road network.

The Church Street and Nunn Street intersection is under the control of VicRoads as Nunn Street is located within a Road Zone Category 1. VicRoads has raised no objection to the proposal and have not raised that intersection as being an issue with regard to this proposal. VicRoads have advised that the north boundary fence of the site should be lowered for a length of 2.5m to 900mm to provide for better visibility to pedestrians when exiting the site.

The proposal lack of car parking will affect parking availability for existing businesses in the surrounding area

The traffic report submitted with the application identifies that the use for the subject site generates the need for 24 on-site car spaces. Only 12 car spaces will be provided on the site, leaving a shortfall of 12 car spaces. The traffic study was undertaken on the 17 July 2019 between 10am and 3pm with occupancy surveys taken at 30-minute intervals. The traffic report detailed the following findings:

▪ The peak car parking demand for the overall on-street car parking occurred between 10.30 am –11.30 am where 110 car parking spaces were occupied and 64 car parking spaces were available. This equates to 63 per cent occupancy level indicating a moderate level of parking demand, where generally it is easy to find spaces within the car parking area.

▪ The peak car parking demand for the unrestricted on-street car parking occurred between 10.30 am – 11.30 am where 53 car parking spaces were occupied and 45 car parking spaces were available. This equates to 54 per cent occupancy level indicating a moderate level of parking demand, where generally it is easy to find spaces within the car parking area.

▪ The peak car parking demand for the 2-hour on-street car parking occurred between 11.00 am – 11.30 am where 31 car parking spaces were occupied and 18 car parking spaces were available. This equates to 63 per cent occupancy level indicating a moderate level of parking demand, where generally it is easy to find spaces within the car parking area.



Based on the findings above there are considered to be ample parking spaces available in the surrounding area to cater for the additional 12 car spaces required by the proposed use.

Further to this recent inspections of the site undertaken on 11 September 2019 reveal that there were well in excess of 12 vacant car spaces within 170 metres of the subject site along the south side of Church Street in proximity to the Veterinary Clinic and on the north and south side of Church Street in proximity to the swimming pool and church buildings. The available car spaces are well within walking distance of the subject site.

The proposal will devalue adjoining residences

Concern has been raised from the adjoining property to the west of the site that the proposed use may devalue their property. Devaluation of land is not a valid planning consideration and therefore cannot be taken into account with the assessment of this application.

The funeral parlour use may be used more than twice per week as discussed within the traffic report

It is anticipated that the use of the funeral parlour for funeral services will take place one to two times a week on average. This is based on the number of existing funeral service providers in the area, ie private services or church based services; and that the Australian death rate is 7.3 persons per 1,000. As Benalla Rural City has a population of approximately 13,000 this would equate to 95 deaths per year. Funeral services take place for a period of approximately one to two hours a day. The peak demand of the use may therefore only be at its peak for four to six hours a week.

The traffic report was conducted in winter and is not a true reflection of peak parking periods.

The traffic report was undertaken on 17 July 2019, not during the school holiday period, and is considered to be reflective of the parking demand at the time of the report. As above, further inspections of the surrounds were undertaken in September which reflect the findings of the report.

Commercial 1 Zone

The purpose of the Commercial 1 Zone is to provide for mixed use commercial centres of retail, office, business, entertainment and community uses. The proposed use will be an office for a majority of the week employing two office staff at any one time. The funeral parlour provides for a use that adds to the mixture of commercial uses already existing in proximity to the site. The mixed nature of commercial uses in the area is supported by the purpose to the zone.



Land Subject to Inundation Overlay

The subject site is located within a Land Subject to Inundation Overlay. The proposal will include minor works only to the car parking area. The proposal has been referred to the Goulburn Broken Catchment Management Authority which has no objections to the proposal. It is therefore considered that the proposal meets the objectives to this overlay.

Design and Development Overlay Schedule 1 (DDO1)

The DDO1 relates to the flight path for the Benalla Airport. As most of the proposed works are at ground level only it is considered that the proposal will not impact on the flight path.

Parking Overlay Schedule 1

The parking overlay was put into the Benalla Planning Scheme on 27 March 2014. The parking overlay requires that if on any land affected by this overlay the number of car parking spaces that are required for a proposed use cannot be provided on the land, the responsible authority may consent to a discharge of this requirement by way of a financial contribution arrangement, under the following terms:

▪ The terms require a payment to a Parking and Access Fund to the amount of $6,431 per car space which is annually indexed on the consumer Price Index or Producer Price Index.

▪ A condition of any permit that may issue for the proposal will require this amount to be paid for each of the 12 car spaces not provided for on site.

Drainage/Access

The proposal has been referred to an Engineering Consultant who has advised of no objections subject to conditions. The conditions can be summarised as follows:

▪ The car parking area must be sealed and line marked to increase its usability. ▪ The car parking area and building must be drained in accordance with the

Infrastructure Design Manual. ▪ The boundary fence along the north boundary must be lowered for a length of

2.5 metres to allow for higher visibility to pedestrians. Subject to these conditions it is considered that the proposal will provide for adequate drainage and access provision. LEGAL IMPLICATIONS

A decision by the Council to determine that a permit should be granted for the proposal may be appealed to VCAT by: ▪ the applicant against conditions of the permit ▪ the objectors against the decision made.



In the instance that the Council decides to refuse to grant a permit the applicant also has a right of appeal to VCAT.

FINANCIAL IMPLICATIONS

The Council, as the responsible authority under the Planning and Environment Act 1987, must determine the permit application.

If the Council decision is appealed by any party to VCAT, the Council has a statutory role in being a party to the appeal and informing and assisting VCAT.

COUNCIL PLAN 2017-2021 (2019 REVIEW) IMPLICATIONS

Connected and Vibrant Community

Encourage community members to be healthy, safe and active. Engaging and Accessible Places and Spaces

Develop and maintain infrastructure so that it meets community need. Thriving and Progressive Economy

Attract, support and strengthen local business.

High Performing Organisation

Strengthen community and stakeholder engagement in planning and decision making.

Provide good governance and responsible management and planning. Sustainable Environment

We will take a proactive and strategic approach to protect our natural environment and safeguard its ability to support our community into the future.



Recommendation: That the Council having caused notice of Planning Application No P0070/19 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Grant a Permit under the provisions the Benalla Planning Scheme in respect of the land known and described as 40 Nunn Street, Benalla, for the use and development of the land for a funeral parlour and a reduction in the car parking requirements in accordance with the endorsed plans, with the application dated 27 May 2019, subject to the following conditions: 1. Prior to commencement of works onsite, amended plans to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application as follows: ▪ Proposed Floor Plan for Mason Park Funerals

- Drawing No. S01 Revision CP4. But modified to show:

a. The proposed parallel car space be moved 1.0 m to the west and a note added to the plan denoting the boundary fence to the north be kept below 900 mm for the first 2.5 m to improve visibility between cars exiting the subject site and pedestrians on the footpath.

2. The development and/or use permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

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

a. appearance of any building, works or materials b. transport of materials, goods or commodities to or from the land c. emission of noise, artificial light, vibration, smell, fumes, smoke,

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

d. presence of vermin. 4. The storage of goods or materials in conjunction with the use or

development hereby permitted shall: a. 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



b. be stored to the satisfaction of the Responsible Authority so as tonot become visually obtrusive on the site.

5. Except with the prior written consent of the Responsible Authority, the use permitted by this permit must operate only between the following times:

a. 8.30am to 5.00pm - Monday to Fridayb. Weekends by appointment only.

6. No more than 80 patrons may be on the site at any one time to the satisfaction of the Responsible Authority.

7. Prior to the commencement of use of the development, the permit holder must undertake the full construction of all new access ways, drainage and related infrastructure as required by the conditions of this permit. All the works must conform to plans and specifications prepared at the expense of the applicant by a qualified Engineer, and endorsed by the Responsible Authority prior to commencement of construction. Unless otherwise agreed in writing, the Authority will only approve plans and specifications that comply with the most recent version of the Infrastructure Design Manual (IDM) published by the Local Government Infrastructure Design Association, and with all relevant permit conditions.

Drainage 8. Before construction begins drainage plans and computations, prepared

in accordance with IDM procedures and criteria, must be submitted to,and approved by, the Responsible Authority.

9. Before construction begins the permit holder must satisfy theResponsible Authority that:

a. a legal point of discharge, connected to the external drainagenetwork in accordance with IDM standards and without reducingthe flow capacity or structural integrity of that network, has beenestablished

b. all roof and surface water in a 5 per cent AEP rainfall event will becollected and conveyed by underground pipes to a legal point ofdischarge

c. all stormwater runoff originating from or transferred through eachLot in a 1 per cent AEP rainfall event will be collected and conveyedto a practical and satisfactory destination, without adverselyaffecting any person or infrastructure on or beyond the site.

Carpark and Access ways 10. Prior to commencement of the use, a car parking contribution at the rate

of $6,431 per car space for 12 car spaces ($77,172) must be paid to theResponsible Authority.



11. The owner of the land must enter into, and register on title, an agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987, which:

a. acknowledges that the car parking contribution has been levied and paid

b. establishes a record that the land is benefited by the number of car spaces in respect of which the contribution has been paid.

The cost of the preparation or review of the agreement and its registration on the title to the land must be borne by the owner of the land.

12. Prior to the commencement of use of the development the permit holder must undertake, or cause to be undertaken, full construction of the all-new access ways, parking areas, drainage and related infrastructure. All the works must conform to plans and specifications prepared at the expense of the applicant by a qualified Engineer, and approved by the Responsible Authority prior to the commencement of construction.

13. All parking areas and vehicle access ways must be sealed and line-marked in accordance with AS2890.1:2004 Part 1 – Off-street car parking or most current issue.

14. All parking areas and access routes must be provided with appropriate lighting in accordance with the relevant Australian Standards, including the current issue of A1158.0:2005 – Lighting for roads and public spaces or most current issue.

15. Signage should be erected at each access to show entry and exit only as per the endorsed plans.

16. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.

17. No fewer than 12 car spaces must be provided on the land for the use and development including one car space clearly marked for the disabled.

Property Access 18. Prior to the commencement of use, the permit holder must satisfy the

Responsible Authority that the existing vehicle crossings are adequate or show how they will be upgraded to meet the current IDM standards, to the satisfaction of the Responsible Authority. This will include sealing the gravel area between the existing crossovers and the edge of seal for each crossover, and widening the existing crossover on Church Street to provide safe access to the site as shown on the endorsed plan.



Construction 19. Before construction begins a Site Management Plan must be submitted

to and approved by the Responsible Authority, and effective measures consistent with the Plan must be taken to:

a. implement effective traffic management and environmental controls b. establish and maintain safe construction vehicle access to the site c. minimise erosion, sedimentation and contamination d. reduce the impact of noise, dust and other emissions during

construction e. prevent mud, dirt, sand, soil, clay or stones from entering the

drainage system f. avoid having such materials deposited on public land by

construction vehicles. 20. During construction, no excavated or construction materials may be

placed or stored outside the site area or on adjoining road reserves, except where the materials are required for any road or footpath construction works in such reserves which are required as part of this permit.

21. As soon as practicable after construction has been completed, all areas disturbed in the course of the works must be restored to their original condition, to the satisfaction of the Responsible Authority.

Permit Expiry 22. This permit will expire if one of the following circumstances applies:

a. The development is not started within two years of the date of this permit;

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

The Responsible Authority may extend the time for the completion of part (a) and/or (b) if a request is made in writing before the permit expires or within six months afterwards.



9.3 Council Actions Pending

Council Actions Pending are detailed in Appendix 1.

Recommendation: That the report be noted.

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10. Mayor and Councillors’ attendance at committees and civic functions SF/809-05

Gail Brown – Executive Assistant to the CEO, Mayor and Councillors The Mayor and Councillors, listed in alphabetical order, attended meetings and events as detailed below during the period from 29 August 2019 to 30 September 2019. ▪ Councillor Davis was on leave from 1 August to 13 September 2019. ▪ Councillor Hearn was on leave from 28 August to 5 September 2019. ▪ Councillor Alexander was on leave from 2 September to 13 September 2019 ▪ Mayor, Cr Upston was on leave from 19 September to 29 September 2019

Councillor Barbara Alexander AO 29 August Accessibility Reference Group Benalla Festival Writing Competition – Benalla Christian College 16 September NE Tracks LLEN Committee of Management Benalla Festival Advisory Committee

17 September CBD Infrastructure Working Group Audit Advisory Committee 18 September Chief Executive Officer Performance Review Advisory Committee Councillor Only Time Assembly of Councillors - Business Review Local Government Rating Review Consultation 19 September LGBTQI+ Alliance Meeting 24 September Cooinda Village Annual General Meeting

25 September Councillor Only Time Special Meeting of Council Planning and Development Committee 26 September Benalla Art Gallery Trust Accessibility Reference Group

Councillor Danny Claridge 2 September Circular Economy Policy Workshop 4 September Councillor Only Forum Benalla and District Historical Society Council Meeting 6 September Best Option Benalla Community, Amenities, and Rail Group (BOBCAR) 10 September Benalla Art Gallery Committee 11 September Councillor Only Time



Councillor Danny Claridge 11 September Roundtable Discussion with Minister for Energy, Environment and Climate Change

on Kerbside Reforms - Hume 16 September Arthur Baird Project 17 September Audit Advisory Committee 18 September Benalla Family Research Group Chief Executive Officer Performance Review Advisory Committee Councillor Only Time Assembly of Councillors - Business Review Local Government Rating Review Consultation 20 September Benalla Airport Advisory Committee 23 September Victorian Government’s Improving Victoria’s Kerbside System Workshops webinar 25 September Councillor Only Time Special Meeting of Council Planning and Development Committee

Councillor Peter Davis 17 September Audit Advisory Committee 18 September Chief Executive Officer Performance Review Advisory Committee Councillor Only Time Assembly of Councillors - Business Review 19 September LGBTQI+ Alliance Meeting 20 September Walk and Wake Up to Dementia Benalla Airport Advisory Committee 24 September Arundel Street Benalla Ovals Sports Facility Project Control Group 24 September Cooinda Village Annual General Meeting 25 September Councillor Only Time Special Meeting of Council Planning and Development Committee 26 September Municipal Emergency Management Planning Committee

Councillor Don Firth 29 August Winton Wetlands Committee of Management 4 September Councillor Only Forum Council Meeting 5 September Winton Wetlands Committee of Management - Governance, Audit and Risk Sub

Committee 11 September Aged Friendly Benalla Community Forum



Councillor Don Firth 11 September Councillor Only Time 17 September CBD Infrastructure Working Group Audit Advisory Committee 18 September Chief Executive Officer Performance Review Advisory Committee Councillor Only Time Assembly of Councillors - Business Review Local Government Rating Review Consultation 20 September The Future of Rail in Victoria Conference 24 September Cooinda Village Annual General Meeting 25 September Councillor Only Time Special Meeting of Council (Audited Financial Statements 2018/19) Planning and Development Committee 26 September Accessibility Reference Group 27 September Benalla Gold Cup

Councillor Bernie Hearn 6 September Best Option Benalla Community, Amenities, and Rail Group (BOBCAR) 11 September Councillor Only Time 16 September Live for Life Group 17 September Audit Advisory Committee 18 September Chief Executive Officer Performance Review Advisory Committee Councillor Only Time Assembly of Councillors - Business Review Local Government Rating Review Consultation 19 September Benalla Youth Service Providers Network 20 September Walk and Wake Up to Dementia 24 September Suicide Prevention Steering Committee 25 September Councillor Only Time Special Meeting of Council (Audited Financial Statements 2018/19) Planning and Development Committee



Councillor Scott Upston Mayor 31 August Opening of Benalla Bowls Club Outdoor Bowls Season 2 September Hume Regional Strategic Fire Management Planning Committee 3 September Mayor and CEO Briefing National Student Volunteer Awards 4 September Suicide Prevention Officer briefing Benalla Proud and Deadly Awards 2019 Councillor Only Forum Meeting with Benalla Gymnastics Club Council Meeting 6 September Arthur Baird Project Official Opening of the St Joseph's School Foundation Learning Centre Best Option Benalla Community, Amenities, and Rail Group (BOBCAR) 8 September ASBK (Australian Superbike) Grand Marshal 9 September Mayor and CEO Briefing Benalla Early Years - Physical Health & Wellbeing: Safe Inclusive Community

Strategic Planning Group Meeting 11 September Aged Friendly Benalla Community Forum Councillor Only Time 12 September Municipal Fire Management Planning Committee

13 September Benalla CWA - Moira Group 90 Years Celebration RDV Discussions/Update on Benalla Splash Park Goorambat Public Toilets 16 September Arthur Baird Project Mayor and CEO Briefing Audit Advisory Committee 18 September Chief Executive Officer Performance Review Advisory Committee Councillor Only Time Assembly of Councillors - Business Review Local Government Rating Review Consultation CoolHeads - Young Driver Program



Councillor Willie van Wersch 4 September Councillor Only Forum Council Meeting 11 September Councillor Only Time 16 September Benalla Festival Advisory Committee

17 September CBD Infrastructure Working Group Audit Advisory Committee 24 September Arundel Street Benalla Ovals Sports Facility Project Control Group

Recommendation: That the report be noted.



11. Reports by Councillors

Recommendation: That the report(s) be noted.

12. Notices of Motion

13. Notices of Rescission Motion

14. Urgent Business Business can only be admitted as urgent business by resolution of the Council, and only then if it:

relates to or arises out of a matter which has arisen since distribution of the agenda; and

cannot be deferred until the next Ordinary Meeting without having a negative impact on the Council, the municipality or the local community; and

cannot be addressed through the Customer Request Management System. A Councillor proposing that a matter be admitted as urgent business must lodge it in writing with the Chief Executive Officer by 4pm on the day of the Meeting.

The Chief Executive Officer will advise the Mayor of any matter that the Chief Executive Officer determines appropriate for the Council to consider admitting as urgent business.



15. Confidential BusinessA Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following:

(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 wouldprejudice the Council or any person;(i) a resolution to close the meeting to members of the public.

It is proposed that the following items be considered in Confidential Business pursuant to the to the Local Government Act 1989 S. 89(2) (d) as they contain contractual matters:

Contract CM20.012 Benalla Splash Park – Design and Construct CMP 19.040 Resealing of Various Council Roads 2019-20 Confidential Council Actions Pending.

Recommendation: That the meeting be closed to the public for the consideration of the confidential business items noted above pursuant to Section 89(d) of the Local Government Act 1989.



16. Reopening of meeting to the public

Recommendation: That the meeting be reopened to the public.

17. Closure of the meeting