held in the maindample cfa shed, 41 main street ......council meeting 21 august 2018 minutes of...

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COUNCIL MEETING 21 AUGUST 2018 Minutes of meeting held in the Maindample CFA Shed, 41 Main Street, Maindample Commencing at 5.00pm Our aspiration for our Shire and its community We live, work and play in an inclusive, dynamic and prosperous place where community spirit is strong and people are empowered to engage in issues that affect their lives. Councillors: Mansfield Ward: Cr Paul Volkering (Mayor) Jamieson Ward: Cr Harry Westendorp (Deputy Mayor) Mansfield Ward: Cr Peter Olver Tolmie Ward: Cr Marg Attley Bonnie Doon Ward: Cr Paul Sladdin Officers: Chief Executive Officer: Alex Green Acting Development Services Manager: Dawn Bray Community Services Manager: Melanie Hotton Finance Manager: Mandy Kynnersley Human Resources Manager: Sharon Scott Infrastructure Manager: Neil Ogilvie High Country, Lakes and Rivers

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Page 1: held in the Maindample CFA Shed, 41 Main Street ......COUNCIL MEETING 21 AUGUST 2018 Minutes of meeting held in the Maindample CFA Shed, 41 Main Street, Maindample Commencing at 5.00pm

COUNCIL MEETING

21 AUGUST 2018

Minutes of meeting

held in the Maindample CFA Shed, 41 Main Street, Maindample

Commencing at 5.00pm

Our aspiration for our Shire and its community

We live, work and play in an inclusive, dynamic and prosperous place where community spirit

is strong and people are empowered to engage in issues that affect their lives.

Councillors: Mansfield Ward: Cr Paul Volkering (Mayor) Jamieson Ward: Cr Harry Westendorp (Deputy Mayor) Mansfield Ward: Cr Peter Olver Tolmie Ward: Cr Marg Attley Bonnie Doon Ward: Cr Paul Sladdin

Officers: Chief Executive Officer: Alex Green Acting Development Services Manager: Dawn Bray Community Services Manager: Melanie Hotton Finance Manager: Mandy Kynnersley Human Resources Manager: Sharon Scott Infrastructure Manager: Neil Ogilvie

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Page 2: held in the Maindample CFA Shed, 41 Main Street ......COUNCIL MEETING 21 AUGUST 2018 Minutes of meeting held in the Maindample CFA Shed, 41 Main Street, Maindample Commencing at 5.00pm

Mansfield Shire Council encourages its residents and ratepayers to participate in the local government of Mansfield. Accordingly, these notes have been developed to help residents and ratepayers better understand Council meetings. All meetings are conducted in accordance with Council’s Local Legislation on Governance.

MANSFIELD SHIRE COUNCIL Order of Business

1. OPENING OF THE MEETING The Mayor, who chairs the meeting, will formally open the meeting and welcome all present. 2. STATEMENT OF COMMITMENT The Council affirms its commitment to carry out its duties in the best interests of the community and that its

conduct shall maintain the standards of the Code of Good Governance by the following statement: As Councillors of Mansfield Shire we are committed to ensuring our behaviour meets the standards set by the Mansfield Shire Councillor Code of Conduct and Councillor Charter. We will, at all times, faithfully represent and uphold the trust placed in us by the community.

3. ACKNOWLEDGEMENT OF COUNTRY The Council affirms its recognition of the Indigenous people being custodians of this area by the following

statement: Mansfield Shire Council recognises that indigenous people have been custodians of this area for generations. We acknowledge the living culture and unique role of Taungurung people in our region.

4. APOLOGIES Where a Councillor is not present, his/her absence is noted in the Minutes of the meeting. 5. CONFIRMATION OF MINUTES The minutes of the previous meeting are placed before Council to confirm the accuracy and completeness of

the record. 6. DISCLOSURE OF CONFLICT OF INTERESTS

In accordance with the Local Government Act 1989, a Councillor must declare any Conflict of Interest or Personal Interests pursuant to Sections 77A, 77B, 78, 79 and 79B of the Act in any items on this Agenda. (Note that Section 79(2)(a)(i) of the Act requires Councillors to disclose the nature of a Conflict of Interest or a Personal Interest immediately before the relevant consideration or discussion). Section 79B also requires that the Councillor declaring a Personal Interest must seek consent from Council to be exempt from voting on the item. Council officers or contractors who have provided advice in relation to any items listed on this Agenda must declare a Conflict of Interest or Personal Interest regarding the specific item.

7. REPRESENTATIONS Council receives or presents acknowledgements to the general public. Council may also receive petitions

from residents and ratepayers on various issues. Any petitions received since the previous Council meeting are tabled at the meeting and the matter referred to the appropriate Council officer for consideration.

8. NOTICES OF MOTION A Motion is a request (Notice of Motion) that may be made by a Councillor for an issue not listed on the

Agenda to be discussed at a Council meeting and for a decision to be made. 9. MAYOR’S REPORT The Mayor provides a report on his/her activities.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

Mansfield Shire Council encourages its residents and ratepayers to participate in the local government of Mansfield. Accordingly, these notes have been developed to help residents and ratepayers better understand Council meetings. All meetings are conducted in accordance with Council’s Community Local Law (Meeting Procedures).

10. OFFICER REPORTS

10.1 Departmental Reports Monthly Departmental reports will be presented to the Council as follows:

• Community Services • Corporate and Organisational Development • Development Services • Governance and Strategy • Infrastructure • Executive Services • Finance

10.2 Development Services All planning and development applications will be considered by the Council. Reports also considered

will be Building, Environment, Environmental Health and Local Laws. A Council position is adopted on the matters considered.

10.3 Community Services Detailed reports prepared by the Community Services Department, including Tourism & Economic

Development reports and are considered by Councillors. A Council position is adopted on the matters considered.

10.4 Executive Services including Finance, Corporate and Organisational Development and

Governance and Strategy Detailed reports prepared by officers from Executive Services, Finance Department, Corporate and

Organisational Development Department and Governance and Strategy, including strategic planning items, will be considered by the Council. A Council position is adopted on the matters considered.

10.5 Infrastructure Detailed reports prepared by officers from Infrastructure Department are considered by the Council. A

Council position is adopted on the matters considered. 11. ASSEMBLIES OF COUNCILLORS In accordance with section 80A of the Local Government Act 1989, Council must keep a written record of all

assemblies of Councillors. An Assembly of Councillors is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be. All such meetings are recorded.

12. ADVISORY AND SPECIAL COMMITTEE REPORTS Council considers reports from Advisory Committees that Councillors represent Council on. 13. AUTHORISATION OF SEALING OF DOCUMENTS Any documents that are required to be endorsed by the Chief Executive Officer under delegated authority and

sealed by the Council are presented to the Council. 14. PUBLIC QUESTION TIME This is an opportunity (usually 30 minutes), for members of the Gallery to raise questions with Councillors.

Question time generally takes place at around 6.30pm. 15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC Whilst all Council meetings are open to members of the public, Council has the power under the Local

Government Act 1989 to close its meeting to the general public in certain circumstances which are noted where appropriate on the Council Agenda. Where this occurs, members of the public leave the Council Chamber while the matter is being discussed.

16. CLOSE OF MEETING The Mayor will formally close the meeting and thank all present for attending.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

Mansfield Shire Council encourages its residents and ratepayers to participate in the local government of Mansfield. Accordingly, these notes have been developed to help residents and ratepayers better understand Council meetings. All meetings are conducted in accordance with Council’s Community Local Law (Meeting Procedures).

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1.

MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council MANSFIELD SHIRE

MINUTES Unconfirmed

21 August 2018 MAINDAMPLE CFA SHED 41 Main Street, Maindample

5.00PM

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

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

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

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

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

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

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

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

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

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

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

10.2 DEVELOPMENT SERVICES ....................................................................................... 9

10.2.1 Nil Reports .......................................................................................................... 9

10.3 COMMUNITY SERVICES ............................................................................................. 9

10.3.1 Nil Reports .......................................................................................................... 9

10.4 EXECUTIVE SERVICES ............................................................................................... 9

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) ......................................... 9

10.4.2 Budget Variation – Appointment of Two Directors ........................................ 52

10.4.3 Appointment of Acting Mayor ......................................................................... 57

10.5 INFRASTRUCTURE .................................................................................................... 60

10.5.1 Council Policy – Vehicle Fleet Policy and Procedures 2018 ......................... 60

11. ASSEMBLIES OF COUNCILLORS ..................................................................................... 63

12. ADVISORY AND SPECIAL COMMITTEE REPORTS ....................................................... 65

12.1 Mansfield Parks and Precincts Advisory Committee: Minutes of Meeting ................ 65

12.2 Municipal Emergency Management Planning Committee Executive and Municipal Fire Management Planning Committee: Minutes of Meeting ........... 65

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

2.

13. AUTHORISATION OF SEALING OF DOCUMENTS ........................................................ 65

14. PUBLIC QUESTION TIME ................................................................................................... 66

16. CLOSE OF MEETING ........................................................................................................... 66

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3.

MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council MANSFIELD SHIRE

MINUTES Unconfirmed

21 August 2018 MAINDAMPLE CFA SHED 41 Main Street, Maindample

5.00PM

1. OPENING OF THE MEETING The Acting Mayor, Cr Westendorp opened the meeting at 5.00pm.

Councillors: Marg Attley Tolmie Ward Peter Olver Mansfield Ward Cr Paul Sladdin Bonnie Doon Ward Chief Executive Officer: Alex Green Governance & Strategy Coordinator: Dawn Bray Finance Manager: Mandy Kynnersley Senior Civil Engineer: Paul Valente Senior Strategic Planner: Kathy Richardson

2. STATEMENT OF COMMITMENT

The Councillors affirmed the following Statement of Commitment: “As Councillors of Mansfield Shire we are committed to ensuring our behaviour meets the standards set by the Mansfield Shire Councillor Code of Conduct and Councillor Charter. We will, at all times, faithfully represent and uphold the trust placed in us by the community."

3. ACKNOWLEDGEMENT OF COUNTRY

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

4. APOLOGIES

Cr Paul Volkering, Mansfield Ward

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

4.

5. CONFIRMATION OF MINUTES

Councillors Attley/Sladdin: That the Minutes of the Mansfield Shire Council meeting, held on 17 July 2018, be confirmed as an accurate record.

Carried 6. DISCLOSURE OF CONFLICT OF INTERESTS Nil. 7. REPRESENTATIONS Item 10.4.1 Development Plan Application for a 34 Lot Rural Living

Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) • Graham Slaney • Elliot Leventhal • Julie Leventhal • Ellen Hogan A written submission was received from David Matthews in regard to this item.

Item 10.4.2 Budget Variation – Appointment of Two Directors

• James Tehan

8. NOTICES OF MOTION Nil.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

5.

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

the Council as follows:

Mansfield is a really bustling community, no more evident than with the hustle and bustle in and around our main streets during the busy winter period thus far. With the changing visitation to Mt Buller/Mt Stirling it appears that we’ve had far more people enjoying our beautiful town/s along with the regular and usual influx of visitors. Our local business leaders should be congratulated for presenting their various businesses in such an attractive manner. I walked the main street at around 5:30p.m last Friday night and was taken aback by the vibrancy. Well done to all. On that note, August is Small Business Month, with lots of activities happening across the North East. Along with Mayors from Wangaratta, Towong, Wodonga, Benalla and Indigo, I was part of the official opening of the Small Business Month, to be celebrated and conducted across North East Victoria. Mansfield will be hosting a special presentation by Kevin Hennah an expert in effective, creative merchandising and marketing. Kevin has an extensive professional profile including many years with “The Body Shop”. I hope our local businesses can take advantage of this great opportunity to learn from a dynamic presenter. Our local “pubs” are a hive of activity most nights, our coffee shops and cafes should have been doing thriving business with the high volumes of visitors wandering the main street most days as well, all of which should help create a positive winter season for our many business owners. During these beautiful, cold winter nights, our main street has looked fantastic. If there are any locals who feel there is something missing or something else we could do that would add to the aesthetics of the main street or draw further people into our main street and to Mansfield, please be sure to email me. [email protected] There has also been some commentary about the $3 charge to mail out rates notices. In some respects, we were left with no choice but to make changes as the costs associated with using “snail mail” continued to spiral upwards. With the ever-increasing cost of postage and other associated costs to mail out notices, the sensible way to go was to encourage as many residents and rate-payers to use email, hence the Spencer (Snail mail) campaign. Email is the way to go and you simply need to sign up by going to the Council website www.mansfield.vic.gov.au and registering. If you need help, call a friend or call the Council customer service team on 57758555. There are several options open to you to avoid any additional charges for receiving your rates notice by snail mail. Our aim is to get as many ratepayers registered to receive rates notices and other notices by email. In particular if Pensioner Card holders have concerns please contact customer service team 57758555. Remember there are also multiple payment options for rates to make life easier.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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9. MAYOR’S REPORT CONT. There has also been ongoing community chatter regarding car-parking. Car-parking in the Mansfield CBD can at times, be particularly challenging and even more so this winter. Anecdotally, we think part of the problem some may be experiencing, is in part due to the changing nature of visitors to Mt Buller/Mt Stirling. Visitation to the mountain resort is up approximately 40% for the same period last year, which has a “spill-over” effect in our town and other places. There also seems to be far greater numbers of visitors parking off mountain in town at various locations as the cost of hiring snow-chains and getting through the entrance gate continue to increase. If you have suggestions regarding the issue of traffic and parking, please email me. On a similar note, I have also had a meeting with the Minister for Roads. The Honourable Luke Donnellan. I must say I’ve never experienced a Minister so fully conversant with their portfolio as this Minister clearly is. I was blown away by the intimate knowledge the Minister had of the entire road network across Victoria. Just to know where Terip is, is a feather in his cap!! At our meeting I pressed three key themes that are an issue for our Council and community and the many visitors and ratepayers that I’ve spoken to: 1. Managing speed limits on sealed and unsealed gravel local roads. 2. Funding for unsafe and dangerous local and arterial roads. 3. Finding ways to work more collaboratively with local Councils to improve economic outcomes for both local Council and Government.

Similarly, the Mayor of Murrindindi and I have co-authored a letter to the Minister for Roads for a further investigation of traffic along the entire Melba highway from Melbourne. I’m also trying to impress upon Vicroads the need for an assessment of the safety barriers and surrounds of the Benalla road bridge in Mansfield, which in my view is both dangerous and poorly maintained in comparison to other local bridges. I know as a kid growing up here, it doesn’t look like the bridge has had a coat of paint or a good clean since then. I’m not sure about you, but on that subject, I think its about time we had a real name for the Benalla road bridge. I’m keen to change the name of the bridge, so as to better reflect the culture and history of Mansfield. If you agree, let me know your thoughts. I have nothing but love for Benalla, but can you imagine the Benalla community tolerating the main bridge in Benalla that crosses the Broken river, being called the Mansfield bridge? So why do we tolerate it? Let’s get it changed.

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9. MAYOR’S REPORT CONT. I would like to commend Up2Us Landcare for the great work they are doing along the Ford’s Creek, especially near the Benalla Road Bridge. Congratulations also to our local “tradies” for their work in supporting disadvantaged families in Mansfield. There were many people involved in the recent fundraiser, so let me just say that I commend all of them for such a great initiative. A group such as them, demonstrating care for our extended community, many who are less fortunate, sends a great message about our community as a wonderful place to live. Whilst on the subject of community groups, I attended the recent meeting of the Mansfield Racecourse Management Committee who do a great job overseeing and managing that parcel of land on behalf of DELWP (Department of Environment, Land, Water and Planning.) The Race Club itself, a different entity, were recently named the Picnic Race Club of the Year, a prestigious award to win. I know how hard those two committees work to ensure Mansfield has great picnic races, so a hearty congratulations to everyone concerned. The new front entry gates also look amazing. On a slightly different topic, that of waste; several members of the community have contacted me concerned that we’re not doing enough to reduce waste. The “War on Waste” (ABC television series.) has encouraged more people to have their say. Our current contracts are all being monitored carefully and our staff are working hard to ensure Mansfield is secure in terms of our waste being collected and managed safely. However, we can all do more to reduce, reuse and recycle. On that subject, I also had a contact from a local resident suggesting that we needed to follow some of the Scandinavian countries and develop a waste to energy facility. Unfortunately, we don’t have the capacity to do something at that scale, but we are interested in hearing from people who have developed their own creative waste reduction strategies or who can share their tips on their journey to be zero waste. We’ve got some really dedicated people in our community who are either waste neutral or well on their way, so well done to them. I’m sure, if you’re like me, you were shocked at the recent passing of one of our local residents as a result of a farm accident. Our hearts and prayers go out to the family and to those involved. In a close-knit community like ours, accidents such as this impact everyone. We all feel the loss. It also reminds us once again how challenging life can be on a farm. Safe Work Australia data reports that on average from 2005 to 2014, Australia has recorded 41 farm related deaths per year, of which 75% involve a farm vehicle. I know how hard our farming community work and I also know the lengths they go to in order to have a safe workplace.

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9. MAYOR’S REPORT CONT.

Whilst on the subject of farming, we all know how dry it’s been here in Mansfield since February, but communities further north in NSW and parts of QLD are doing it really tough as the “big dry” impacts. I urge you to get out and have a “Parma for a Farmer” over coming months, or if inclined, to attend the local “Buy a Bale Ball”. A group of devoted locals are raising money and conducting a Ball to help raise money for those communities up north currently being impacted by drought. One of our locals, Dr Rod Manning, one-time Vet and now farm consultant has some fantastic tips and advice for farmers on management of cattle through a dry spell. You can find Rod’s wise words if you search him on Facebook.

Councillors Sladdin/Olver: That the Mayor’s report of August 2018 be received.

Carried 10. OFFICER REPORTS 10.1 DEPARTMENTAL REPORTS

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

• Community Services • Development Services • Governance and Strategy • Infrastructure • Finance • Corporate and Organisational Development Attachments No. Title 1 Departmental Reports August 2018 - 23 pages Councillors Attley/Olver: That the monthly Department reports for August 2018 be received. Carried

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10.2 DEVELOPMENT SERVICES 10.2.1 Nil Reports 10.3 COMMUNITY SERVICES 10.3.1 Nil Reports 10.4 EXECUTIVE SERVICES 10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9

Stoneleigh Road Mansfield (Lot 9, PS7501) File Number: DA6880 Responsible Officer: Senior Strategic Planner, Kathy Richardson Disclosure of Conflicts of Interest The author of this report and officers providing advice in relation to this report do not have a direct or indirect interest in this matter, as provided in accordance with the Local Government Act 1989. Summary The purpose of this report is to present Council with the necessary information to make a decision in relation to a development plan application for the creation of 34 rural living lots on a 140 hectare property at 9 Stoneleigh Road, Mansfield. The lots range in size, with the largest being 8.79 hectares and the smallest being 2.12 hectares. The development is proposed to be completed in three stages with the first stage consisting of 13 lots to the end of Merinda Way. Subsequent stages would consist of 11 lots in Stage 2 and 10 lots in Stage 3. Stage 2 would see the road network integrated to the Kidston Parade and Stoneleigh Road intersection. A development plan is required to be prepared for this land prior to the lodgement of a planning permit for subdivision as it is subject to Development Plan Overlay 3. Once a development plan is approved, any subdivision application consistent with that plan is not subject the normal public notification processes under section 52 of the Planning and Environment Act 1987. Officers do not have the delegated authority to make decisions in relation to development plans.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. This report provides an assessment of the proposal against the relevant planning provisions of the Mansfield Planning Scheme. Nine objections have been received in relation to the proposal and a Consultation meeting was heard as a means to find common ground and possible solutions to address submitter concerns. Submitter concerns focus on traffic management/speed/volumes/dust, potential exacerbation of local flooding, increased fire risk, incompatibility with Council’s Housing Strategy, infrastructure provision and changes in water flows into adjacent dams. The development plan was referred to several authorities and consent given subject to placing requirements in the schedule of directions to the development plan, which in turn guide the subdivision application process. The Officer’s recommendation is that the development plan and its schedule of directions following the recommendation to this report are endorsed without further changes. Application Details Application Details Applicant Ellen Hogan and Associates Pty. Ltd. Proposal Application for a development plan

approval at Lot 9 LP 7501 Stoneleigh Road Mansfield

Application lodged 20 February 2018

Notice and Submissions

Notice to surrounding properties - Yes Notice on site - Yes Notice in newspaper - Yes Number of objections – Nine Agencies and Authorities - Notified

Property Details Property Address Stoneleigh Park Estate, Mansfield Legal Description Lot 9 LP 7501 Stoneleigh Road

Mansfield Land Area 140 ha Existing Use Grazing

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Planning Provisions Zone Rural Living Zone (RLZ1) Overlays Clause 42.01 Environmental Significance

Overlay – Schedule 2 to future lots 15-17 and 27-31 (ESO2) Clause 43.04 Development Plan Overlay – Schedule 3 (DPO3)

Planning Policy Framework Clause 12.01-2S – Native vegetation management Clause 14.02-1S - Catchment planning and management Clause 14.02-2S - Water quality Clause 15.01-1S - Urban design Clause 15.03-2S Aboriginal Cultural Heritage

Local Planning Policy Framework Clause 21.03-1 – Settlement pattern and growth Clause 21.04-1 – Heritage and character Clause 21.05-2 – Flora and fauna Clause 21.05-3 – Water catchment planning Clause 21.09-1 – Mansfield Township Clause 22.04 – Managing water quality in special water supply catchments

Particular Provisions Clause 52.17 – Native vegetation Restrictive covenants / s173 Agreements No

Access to Stoneleigh Road via an unused Government Road reserve

Aboriginal Cultural Heritage Parts of the development plan area are within an identified area as shown on the Aboriginal Cultural Heritage mapping. The mapped area is contained around Owens Creek and affects several proposed lots to the east of the development site. A Cultural Heritage Management Plan at subdivision stage is required as part of the schedule of directions.

Background An application for a development plan approval for a rural living estate of 34 lots was lodged on 20 February 2018 by Ellen Hogan and Associates Pty. Ltd. on behalf of the landowner. The site area is located at Lot 9 Stoneleigh Road, Mansfield (Lot 9 PS 7501).

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. The development is proposed to connect to an adjoining rural living estate located on Merinda Way to the south and through to the intersection of Kidston Parade and Stoneleigh Road to the north east. Two roads with court bowls are proposed to connect into the main through road of the development. These two roads will allow access to lots located to the west side of the site. The lots range in size, with the largest being 8.79 hectares and the smallest being 2.12 hectares. This is to comply with the requirements of the RLZ1 which allows for a minimum subdivision area of 2 hectares and an average of 4 hectares. The development is proposed to be completed in three stages with the first stage consisting of 13 lots to the end of Merinda Way. Subsequent stages would consist of 11 lots in Stage 2 and 10 lots in Stage 3. Stage 2 would see the road network integrated to the Kidston Parade and Stoneleigh Road intersection. Subject Site and Surrounding Area The proposed development area is referred to as Stoneleigh Park Estate and currently consists of 140 hectares of pastureland with scattered native vegetation. It is undulating to steep, falling from its highest point on the south westerly boundary to the north east. The site lies just outside of the township boundary to the south west of the intersection of Kidston Parade and Stoneleigh Road. West - grazing land North - Box Court rural living estate and grazing land East - grazing land and waterway South - grazing land and Merinda Way rural living estate.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

Figure 1 Site location and context

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Site Planning History In March 2006, Amendment C1 applied the Rural Living Zone and the DPO3 to the site. Previously the site was zoned for farming. Amendment C1 saw the introduction of significant tracts of land zoned for rural living to accommodate the desire for lifestyle properties in the Shire. Recently, the gazettal of Amendment C36 regarding the Mansfield Domestic Wastewater Management Plan (DWMP), saw the ESO partly removed from the development area. Most of the site is considered to be of low risk as determined through the mapping of the DWMP. There are no known previous applications on the site.

Figure 2 Zoning map

Area of Cultural Heritage along Owens Creek

Subject site RLZ1

Farming Zone

LDRZ

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Application Details The application is for a rural living style development of 34 lots that proposes to:

• Provide for comprehensive and sustainable residential land use in a rural environment;

• Provide for a range of lot sizes; • Stage the development in three stages as shown on the plan below; • Integrate the road network with the wider area and equitably contribute to the

upgrading of the road network outside of the development; • Protect the existing vegetation on site as detailed in the Flora and Fauna Study

through the avoidance of vegetation removal; • Provide for septic dispersal fields in accordance with the Land Capability

Assessment provided; • Considers existing waterways and responds to the catchment authorities

requirements for setbacks to waterways; • Provide for a rural footpath network within the estate to join into the township

boundary; and Advice from DELWP in regard to the Development Plan’s impacts upon the adjoining Government road and Crown land is that this land is currently held under Unused Road Licence No. 0901146 for the purpose of grazing. DELWP recommends that Council seek to have the portion of Unused Road cancelled under section 407, Land Act 1958. The applicant will need to obtain the consent of DELWP before undertaking works within the Crown land which is intended to be used for a drainage reserve. These are matters to be addressed at planning application stage.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

Figure 3 Proposed Development Plan (A larger version of this plan is included in Attachment 1 to this report) Mansfield Planning Scheme Context Planning Policy Framework (PPF) The Planning Policy Framework seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. The following policies and objectives are relevant to this application:

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Clause 12.01-2S Native Vegetation Management Objective To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. Strategies Ensure decision that involve, or will lead to, the removal, destruction or lopping of native vegetation, apply the three-step approach in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017):

• Avoid the removal, destruction or lopping of native vegetation. • Minimise impacts from the removal, destruction or lopping or native vegetation that

cannot be avoided. • Provide an offset to compensate for the biodiversity impact from the removal,

destruction or lopping of native vegetation. Officer’s Comment Native vegetation off-sets will be calculated and obtained at the time of subdivision of land into residential allotments. The biodiversity off-sets will be calculated for all native vegetation that is lost through construction activities or deemed lost as a result of an exemption being created (such as lot size being less than 0.4ha). Clause 14.02-1S Catchment Planning and Management Objective To assist the protection and restoration of catchments, water bodies, groundwater, and the marine environment. Clause 14.02-2S Water Quality Objective To protect water quality.

• Relevant strategies include retain natural drainage corridors with vegetated buffer zones at least 30 metres wide along each side of a waterway and ensure planning is coordinated with the activities of catchment management authorities.

Officer’s Comment The proposed development plan of the subject site will incorporate the required thirty metre setbacks for buildings and works to declared waterways for waterway protection and revegetation works for land within thirty metres of Owens Creek. The development plan indicates building exclusion zones and buffer distances to protect surface waters and waterways. The application was referred to the catchment management authority and water authority, which have consented subject to requirements for vegetation buffer planting to Owen’s Creek and the provision of reticulated water to the development.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Clause 15.01-1S Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Relevant strategies include - to require development to respond to its context in terms of character, cultural identity, natural features, surrounding landscape and climate. Officer’s Comment The proposal seeks to retain most of the remnant vegetation. The lots will be large enough to retain the rural feel of the area. The larger allotments are to be to the west were the land rises and provides a backdrop to this side of the township. This will ensure that development sits comfortably and is integrated into the wider landscape context. Clause 15.03-2S Aboriginal Cultural Heritage Objective To ensure the protection and conservation of places of Aboriginal cultural heritage significance. Officer’s Comment A Cultural Heritage Management Plan will be required as a direction of the schedule for a future planning permit for subdivision. Local Planning Policy Framework (LPPF) The following local policies and objectives (in italics) are relevant to this application: Clause 21.03 Settlement and Housing Clause 21.03-1 Settlement pattern and growth Objective 2

• To encourage diversity in housing choice. This is supported by Strategy 2.3 - “Provide a land supply that meets demand for ‘rural lifestyle’ opportunities, principally in the Rural Living Zone”; and Strategy 2.4 - “Prepare a development plan for new rural living development to ensure access, vegetation, fire risk, flooding risk, erosion risk and wastewater management are effectively managed”. Officer’s Comment Low density living is desired by residents of Mansfield Township. The development plan seeks to increase the low density residential supply.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Clause 21.03-2 Managing rural land Objective 1

• To protect productive agricultural land from competing and inappropriate land uses, including residential use not associated with agriculture.

This is supported by Strategy 1.1 - “Ensure housing needs for the community in general are to be met within the townships and the designated rural living areas in the Shire”. Clause 21.03-3 Rural living Objective 2

• To master plan new rural living estates based on an appropriate lot size. The following strategies apply to this application: Strategy 2.1 – provide for a range of lot sizes and ensure productive agricultural land is protected by requiring a minimum subdivision size of 2 ha with an overall density in any development of 1 lot per 4ha. Strategy 2.2 – Subdivision should take into account the constraints and opportunities provided by the site as well as the infrastructure and servicing requirements of the development. Strategy 2.3 – The areas zoned Rural Living recognise existing developed areas that are able to support a mix of small scale commercial farming operations and rural living situations. This policy outlines what Council should consider in its decision as follows:

• The number of lots to be created in a subdivision is within a demonstrated demand for no more than 15 years supply in the locality (demand will be based on lot sales and housing construction rates for rural living development over the previous decade).

• Each lot should have access to an all-weather public road with the access point being located to the satisfaction of Council and VicRoads.

• Each lot should have access to and relate to an existing town or community with suitable services and facilities.

• Subdivision/development proposals should provide appropriate facilities for fire-fighting in accordance with current CFA guidelines.

• Each lot shall conform to any water authority requirement for on-site water management.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. And, as appropriate:

• Whether there is a need for contributions toward the upgrading of roads in the locality.

• How the proposal responds to relevant LandCare issues and any strategy prepared by the GBCMA.

• Whether there is a need for an agreement under Section 173 of the Planning and Environment Act 1987 to be entered into with Council requiring the landowner to acknowledge and accept any current surrounding agricultural activities that may cause loss of residential amenity to the dwelling.

• Whether water is available as determined by GMW. • The relationship to landscape and avoidance of visually prominent sites. • Whether the proposal responds to privacy and noise amenity impacts. • Vegetation cover and how the proposed development meets the requirement of ‘no

net loss’ under the Permitted clearing of native vegetation – biodiversity Assessment Guidelines.

• The protection of ‘designated waterways’ to the requirements of the relevant authorities.

Officer’s Comment Most of these issues for consideration have been dealt with in the body of the report as a response to internal and external referrals for the application. Subsequently they have been addressed through requirements in Schedule A Directions at the end of this report. Clause 21.05-2 Flora and Fauna Objective 1

• To maintain biodiversity. A strategy to address this is to ensure residential and rural living developments protect remnant vegetation. Officer’s Comment The remnant vegetation will be protected by way of Tree Protection Zones (TPZ) shown on the plan of subdivision and protected through a Section173 Agreement to ensure buildings and works do not disturb critical root zones. It will also be protected by avoiding where possible the removal of any large red-gums lost by amending the subdivision layout and design at the development plan stage once trees have been accurately plotted. Clause 21.05-3 Water Catchment Planning Objective 1

• To recognise and protect the environmental significance of the Special Water Supply Catchments.

Relevant strategies include ensuring best practice Water Sensitive Urban Design (WSUD) techniques are used in new urban and rural development.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Officer’s Comment The proposed development plan provides the required thirty metre setbacks for buildings and works to waterways. The development plan includes a retention basin which feeds through to the retention system downslope to the west. Zoning and Overlays Rural Living Zone The purpose of the Rural Living Zone is:

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

• To provide for residential use in a rural environment. • To provide for agricultural land uses which do not adversely affect the amenity of

surrounding land uses. • To protect and enhance the natural resources, biodiversity and landscape and

heritage values of the area. • To encourage use and development of land based on comprehensive and

sustainable land management practices and infrastructure provision. Officer’s Comment It is considered that the proposal accords with the purpose of the zone for the following reasons:

• The development plan will provide for thirty four rural living allotments adjacent to farming land and other rural living estates;

• The proposed allotments to the western boundary are all substantial in size therefore minimising the potential number of allotments with a boundary to the Farming Zone;

• Setbacks to waterways are provided for in the exclusion zones to protect water quality and all existing trees are proposed to be retained;

• The land is predominantly used for grazing and contains a scattering of mature remnant Eucalypts. The change of use for the land for residential use may provide for a more managed environment that may incorporate sustainable land management; and,

• Infrastructure will be provided to the estate in accordance with any requirements of service providers and agencies during the subdivision stage to achieve compliance.

The requirements of the zone are dealt with through a future planning permit. Pursuant to Clause 35.03-3 Subdivision, a permit would be required to subdivide land if the development progresses to a plan of subdivision. Each lot must be at least two hectares with an average lot size of four hectares. The development plan proposes an average lot size of 4.04 hectares.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Overlays Clause 43.04 Development Plan Overlay (DPO3) The Development Plan Overlay is used to identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. A planning application is exempt from public notice if it is generally in accordance with a development plan and any requirements of the overlay. These conditions and requirements are included in a schedule of directions prepared by the Officer to accompany the development plan as follows the recommendation to this report. Officer assessment against the requirements of the overlay: Schedule 3 to the Development Plan Overlay Rural Living Zone 2.0 Requirements for development plan A. All land: A development plan for this land must outline and assess: Requirement: Proposed future subdivision and development to allow for the full development and servicing of the land in accordance with the Rural Living Zone. Officer’s Comment: The completion of the three stages of development will see the full development of the land with a road and infrastructure network in accordance with the zone. Requirement: Site analysis and response, including natural features, slope, orientation, views, drainage lines, native vegetation, and impact on neighbouring and nearby land. Officer’s Comment: A site assessment and response has been provided as part of the application. It is considered to be satisfactory. Requirement: Agricultural and other rural uses of the land, adjoining land and nearby land. Officer’s Comment: The subject site is currently used for grazing as is land to the west. Land to the north and south is already developed for rural living. This development will connect the two areas together to form a ring of rural living to the edge of Mansfield Township as a transition between low density residential and farming land

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Schedule 3 to the Development Plan Overlay Rural Living Zone 2.0 Requirements for development plan A. All land: A development plan for this land must outline and assess: Requirement: Proposed lot layout and density, including building envelopes and effluent disposal envelopes, if appropriate. Officer’s Comment: The lot layout and density is in accordance with the minimum and average lot sizes as specified in the schedule to the zone. The development plan shows building and effluent exclusion zones. Requirement: Internal road layout and external road access, including future road linkages and proposed road surfacing and standards. Officer’s Comment: The proposed development plan outlines an internal road network and links to existing roads externally to the north and south. All roads will be required to meet the standards of the Infrastructure Design Manual. The developer will be required to upgrade the intersection at Kidston Parade and Stoneleigh Road and seal the existing gravel road surface of Kidston Parade for a length of 98 metres. Requirement: All servicing, including water, sewerage, drainage and stormwater, electricity and telecommunications. Officer’s Comment: Reticulated water and sewer is not available to the development but will be managed through the installation of water tanks and septic treatment systems that meet required standards. The development will be required to connect to electricity and telecommunications as a requirement of compliance for a future subdivision application. Requirement: Effluent disposal requirements based on a detailed land capability assessment. Officer’s Comment: A detailed land capability assessment has been prepared. The Senior Environmental Health Officer has no objection to the proposal. Requirement: Landscape, including protection of ridgelines and need for landscaping. Officer’s Comment: Existing vegetation is proposed to be mostly retained with the exception of some removal for roadworks. A plan showing proposed street trees will be required at the planning application stage. This is included in the schedule of directions.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Schedule 3 to the Development Plan Overlay Rural Living Zone 2.0 Requirements for development plan A. All land: A development plan for this land must outline and assess: Requirement: Existing native vegetation protection and enhancement. Officer’s Comment: Existing vegetation is proposed to be mostly retained with the exception of some removal for roadworks. Offsets for any future tree removal will be required if unavoidable. Street trees of native species will be required as part of a landscape plan for street tree planting at subdivision stage. Requirement: Relationship, effect and linkages of proposed use and development of the land to uses and developments on adjoining land and nearby land. Officer’s Comment: The proposed development provides the road link between the land to the south on Merinda Way to connect into the township. It will also provide a pedestrian connection through the proposed estate into the township. A rural living estate currently exists to the north west located on Box Court. Some proposed lots will adjoin these existing lots. It is not considered that the proposed lots and future dwellings will affect the amenity of the existing lots to the north west. It is unlikely that dwellings will be located close to boundaries at the rear of the proposed lots. The proposed development will place additional traffic movement on to adjoining roads, however, the Traffic Impact Assessment has calculated maximum vehicle movements that are well within the indicative range for a Rural Living Access Road. However, Council’s Infrastructure Department considers it acceptable to require the developer to contribute to the sealing of Kidston Parade for a length of 98 metres and works to the Kidston Parade and Stoneleigh Road intersection. The Rural Living Zone enables Council to assess the need for contributions toward the upgrading of roads in the locality where appropriate. Requirement: The stages, if any, in which the land is to be subdivided and developed. Officer’s Comment: The development plan shows the development of the estate in three stages. The first stage is to the south connecting into Merinda Way and the two other stages will complete the connection into Kidston Parade and Stoneleigh Road

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Particular Provisions Clause 52.17 Native Vegetation The purpose of the Clause is: To ensure that there is no net loss to biodiversity as a result of removal, destruction or lopping of native vegetation. This is achieved by applying the following three step approach in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning, 2017):

• Avoid the removal, destruction or lopping of native vegetation, • Minimise impacts from the removal, destruction or lopping of native vegetation that

cannot be avoided. • Provide an offset to compensate for the biodiversity impact if a permit is granted to

remove, destroy or lop native vegetation. To manage the removal, destruction or lopping of native vegetation to minimise land and water degradation. Officer’s Comment The vegetation survey as provided by Brett Lane and Associates is indicative to within an accuracy of 5 metres. Overall the report identifies two scattered trees and 0.059 hectares of native vegetation from remnant patches for removal where the future roadway is to be located. A feature survey at planning application stage will provide an accurate indication of trunk locations. A revised biodiversity report will be required if any further trees will be lost or deemed to be lost due to fence lines. Every effort will be required to avoid any losses. This may require some slight boundary realignments of the lots to avoid vegetation whilst still meeting the minimum subdivision requirements of the zone. Any losses will be required to provide offsets. If there is more clearing or deemed losses to occur to what has been provided in the Brett Lane and Associates Flora and Fauna Assessment Report dated November 2017, a Native Vegetation Clearing Report will be required. This could require the Detailed Pathway to require further information and possible substantial offset requirements.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Consultation Referral to External Authorities and Service Providers There are no statutory requirements for referral under Section 55 of the Planning and Environment Act, 1987 for a development plan application. Authorities, service providers and internal departments at Council were consulted regarding the proposed changes to the Development Plan. These comments have assisted to inform the directions included in Schedule A to the Development Plan and are summarised as follows: Authority Response AusNet Electricity Services

No response received.

Goulburn Murray Water Advised that some of the setbacks to drainage lines were not sufficient and a revised plan should show building envelopes and wastewater disposal envelopes that meet required setbacks to waterways, dams, bores and drainage lines and also show buffer planting to lots close to Owens Creek ie. within 30 metres. Any works in, on or over Owens Creek must be done in accordance with a GBCMA ‘Work on Waterways’ permit. Include the requirement for any future development to comply with the relevant EPA Code of Practice for Onsite Wastewater Management and the design, installation and management requirements of Paul Williams Land Capability Assessment no. A161002, dated August 2017, including wastewater to be treated to a standard of at least 20mg/L BOD and 30mg/L suspended solids. GMW requires that future planning permit applications meet the following requirements: 1. Before the plan of subdivision is certified under the

Subdivision Act 1988, a landscape plan (three copies) for the creek buffer revegetation areas for Lots 1 and 11 as specified on the approved development plan must be submitted to and approved by the responsible authority. When approved, the landscape plan will form part of the subdivision permit. The landscape plan must show: • A detailed planting and maintenance schedule of all

proposed trees and shrubs. The landscaping is to consist of locally indigenous native species to the satisfaction of the responsible authority.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

Goulburn Murray Water Cont.

• The plant schedule should be based on the recommended planting schedule documented in the Revegetation Guide for the Goulburn Broken Catchment as published by the Goulburn Broken Catchment Management Authority.

• A notation that only weed-control and revegetation is to be carried out in the area referred to in condition 2(a) to assist natural regeneration.

2. Prior to the issue of Statement of Compliance, the land shall be landscaped and maintained in accordance with the endorsed landscape plan to the satisfaction of the responsible authority.

Section 173 Agreement

3. Prior to the issue of Statement of Compliance, the owner of the land must enter into an agreement under Section 173 of the Planning and Environment Act 1987, with the responsible authority. The Agreement must be registered on the title of the subject land in accordance with Section 181 of the Planning and Environment Act, all to the satisfaction of the responsible authority and at the land owner’s cost. The agreement must provide for the following:

• The landscaping works approved under planning permit for lots 1 and 11 must be maintained by the landowner in accordance with the maintenance schedule of the endorsed landscape plan, as attached to this agreement, to the satisfaction of the responsible authority.

Goulburn Valley Water The developer is to fund the provision of reticulated water to the development. Planning permit conditions to be determined upon receipt of planning application.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

CFA The Country Fire Authority does not object to the development plan application. It requires that any future planning permit be referred to them and the following conditions be place on a future planning permit for subdivision: 1. Roads Roads must be constructed to a standard so that they are:

• Accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width

• The average grade must be no more than 1 in 7 (14.4%) (8.1degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 metres, Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle.

• Curves must have a minimum inner radius of 10 metres. • Have a minimum trafficable width of 3.5 metres and be

clear of encroachments for at least 0.5 metres on each side and 4 metres above the access way.

• Roads more than 60m in length from the nearest intersection must have a turning circle with a minimum radius of 8m (including roll-over kerbs if they are provided) T or Y heads of dimensions specified by the CFA may be used as alternatives.

2. Firefighting water supply for each lot Provide a minimum 10,000 litres of effective water supply for firefighting purposes which meets the following requirements:

• Be stored in an above ground water tank constructed of concrete or firefighting purposes made of corrosive resistant metal.

• Be readily identifiable from the building or appropriate identification signage to the satisfaction of the relevant fire authority.

• Be located within 60 metres of the outer edge of the approved building.

• The outlet/s of the water tank must be within 4 metres of the access way and unobstructed.

• Incorporate a separate ball or gate valve (British Standard Pipe (BSP 65 millimetre) and coupling (64 millimetre CFA 3 thread per inch male fitting).

• Any pipework and fittings must be a minimum of 65 millimetres (excluding the CFA coupling).

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. CFA Cont. 3. Internal driveway access for each lot

Provide access for firefighting purposes which meets the following requirements:

• All weather construction.

• A load limit of at least 15 tonnes.

• Provide a minimum trafficable width of 3.5 metres.

• Be clear of encroachments for at least 0.5 metre on each side and at least 4 metres vertically.

• Curves must have a minimum inner radius of 10 m.

• The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50m.

• Dips must have no more than a 1 in 8 (12.5%) (7.1 degrees) entry and exist angle.

• Incorporate a turning area for firefighting vehicles close to the building by one of the following:

• A turning circle with a minimum radius of eight metres.

• A driveway encircling the dwelling; or

• The provision of vehicle turning heads – such as a T or Y head – which meets the specification of Austroad Design for an 8.8 metre service vehicle.

Goulburn Broken Catchment Management Authority

No objection.

VicRoads No objection.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. DELWP Recommendations concerning native vegetation:

• In accordance with the Mansfield Planning Scheme (12.01, 21.05-2, 52.17, and Schedule 3 to the DPO - DPO 3) it is recommended that the Lots be designed to allow for the retention of native vegetation, in this case large old trees.

• Where boundaries will result in either actual or deemed loss, it is recommended that those boundaries be modified to avoid impacts on trees, including avoiding creating an exemption. Given the large Lot sizes this appears to be a practical solution. This is particularly relevant between Lots 7 and 12, where the largest patch of native vegetation within the 140-hectare site is found. The principle also applies to other boundaries. A 4 metre buffer would remove the creation of an exemption for fence construction or maintenance.

• A requirement of the Development Plan Overlay is that the site be assessed and a design response be supplied that addresses site constraints etc. (Dot point 2 of 1.0 A of Schedule 3 to the Development Plan Overlay). Consistent with this and other requirements to protect native vegetation, it is recommended that, if native vegetation cannot be avoided, then an accurate plan be provided, not simply a plan that is indicative. All losses or deemed losses should be assessed at this stage.

• The Schedule of Directions could include a condition that requires boundary fences and other infrastructure requirements to be placed to avoid impact on large old trees. This would mean boundaries 4 metres distant from trees and assessment of other infrastructure, such as power supply, on their merits.

• A revised Native Vegetation Clearing Report will be

required, should more clearing or deemed clearing be necessary, using the current Guidelines. This is important as the extra losses from boundary placement could place the application in the Detailed Pathway, requiring extra information and the finding of possibly substantial offsets.

Future works to drainage reserve. The applicant/proponent is informed that they will need to obtain the consent of DELWP before undertaking works within the Crown land intended to be utilised for the Drainage Reserve.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Referrals to internal departments: The application was referred internally to the following: Department Response Infrastructure The Infrastructure Department has no objection to the approval

of the development plan subject to the inclusion of the following conditions: External Road Works • The land shall be developed in general accordance with the

recommendations outlined in the TrafficWorks - Traffic Impact Assessment (TIA) 25 October 2017 and the proceeding addendum 5 July 2018. Where conflict arises between a recommendation of the TIA and a Council specified condition, the Council condition will preside.

• Sealed basic right turn (Type BAR) shoulder widening and sealed basic left (Type BAL) turn provisions must be provided at the intersection of Stoneleigh Road and Kidston Parade at full cost to the developer. The intersection upgrade will include lighting as per the recommendations in the TIA.

• Prior to the issue of a Statement of Compliance for the final stage of the subdivision, the applicant shall construct 12% of the length of Kidston Parade (98m) to IDM Rural Living Access Road Standard (9.2m formation, 6.2m sealed road).

• The pavement must be designed by a suitably qualified geotechnical engineer, to the satisfaction of the Responsible Authority.

• All pavement is to be constructed to a minimum depth of 250mm in accordance with the Mansfield Shire Council Infrastructure Design Manual.

• All road intersections, shall be signed and linemarked to be compliant with VicRoads Traffic Engineering Manual Volume 2.

Internal road infrastructure • All roads, footpaths, kerb and channelling must be designed

in accordance with the Mansfield Shire Council Infrastructure Design Manual (IDM). All roads and court bowls are to be designed be consistent with Table 2 of the IDM and in consultation with Council.

• All internal court bowls must have a minimum radius of 11.5 metres.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. • Roads adjacent to reserves must provide for car parking on

one side of the road. • The pavement must be designed by a suitably qualified

geotechnical engineer, to the satisfaction of the Responsible Authority.

• All pavement is to be constructed to a minimum depth of 250mm in accordance with the Mansfield Shire Council Infrastructure Design Manual.

• All road intersections, shall be signed and linemarked to be compliant with VicRoads Traffic Engineering Manual Volume 2.

• Temporary court bowls shall be fully fenced, appropriately signed, shaped, drained, and be of all-weather construction (minimum pavement thickness 100mm, class 4 FCR), with a minimum turning radius of 11.5m. Prior to installation of a temporary court bowl, formal agreement with the neighboring property will be achieved if applicable. Maintenance of the temporary court bowl will remain the responsibility of the developer.

• All road, road related areas and public open spaces / reserves within the new subdivision shall be provided with public lighting in accordance with the minimum requirement for Category P lighting guidelines and light technical parameters in AS/NZS 1158.3.1 and as approved by the Responsible Authority. All public lighting must incorporate the use of energy efficient globes (i.e. T5).

Internal pedestrian and cycle paths • Internal pedestrian and cycle paths must be provided in

accordance with Table 2 of the Mansfield Shire Council Infrastructure Design Manual and road crossings at external connections must be treated in accordance with the layout in Figure 8 of the IDM.

Earthworks • The extent and depth of all proposed lot filling is to be

denoted on the design plan. Where depths of fill on allotments exceed 300 mm, those areas are to be clearly differentiated from areas where the depths of fill are less than 300 mm.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

33.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. • Where the depth of fill exceeds 300mm, the fill is to be

compacted in accordance with the requirements of Table 204.131 Compaction Requirements Scale C of VicRoads Technical Specification 204 and shaped to match existing site levels. Geotechnical test results are to be submitted to Council’s Infrastructure Department for confirmation that the required compaction has been achieved.

• Where fill is imported onto the site, written records are to be provided to Council’s Infrastructure Department to confirm the source of the fill and to provide evidence that the soil is not contaminated

Drainage • Drainage design plans and computations must incorporate

the following: − A catchment plan for the subject area in accordance

with the approved Drainage Strategy. External catchments affecting the subject land are to be included in the design and computations.

− All stormwater drainage discharge from the site connected to an approved point of discharge.

− An on-site stormwater treatment facility that will achieve a minimum of no net increase in pollutants discharging from the site. Design plans are to include output from MUSIC or similar with design calculation summaries of the treatment elements

− All levels are to be to AHD (Australian Height Datum).

• Altered overland flow paths must pass through the designed routes within reserves for municipal purposes or within easements. No overland flow shall be allowed to impact on the adjacent lots.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

34.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

• All proposed building lot levels (including accesses, carports, garages, and sheds), are to be safe in a flood event, with floor levels for dwellings to be a minimum of 300mm above the 100 year ARI peak flow.

• All stormwater infrastructure such as wetlands, retardation and treatment facilities shall remain the responsibility of the developer until Statement of Compliance is issued for the final stage of the subdivision. The stormwater infrastructure must be maintained to a standard acceptable to the responsible authority.

Maintenance • Reserves for municipal purposes must be designed to the

satisfaction of the responsible authority prior to certification. • Landscaping elements shall be durable enough to

withstand severe adverse weather conditions (ie flooding and sun exposure) and designed & constructed to minimise cost of maintenance, repairs, and replacement. The types of materials, method of construction, and location of infrastructure are to be determined in consultation with the responsible authority.

Signage, Street Furniture and Services • All street signs and furniture must meet the appropriate

VicRoads and Australian Standards for traffic.

Asset Protection • A construction management plan (CMP) is to be submitted

and approved by Council prior to the commencement of any works. The CMP will contain at minimium:

− Protection of significant native vegetation during the construction of roads, reticulated services and other infrastructure.

− Prevention of adverse environmental impacts on existing waterways including through run-off and siltation.

− Procedures to ensure access by construction vehicles during the construction does not impact the amenity of the surrounding neighbourhood.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

35.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. • All construction and ongoing activities must be in

accordance with sediment control principles outlined in 'Construction Techniques for Sediment Pollution Control' (EPA, 1991).

• All services must avoid root zones of existing trees. Where services cannot be placed to avoid the root zone, boring and/or hand digging must be undertaken to minimise root damage to the satisfaction of the Responsible Authority.

• Temporary barriers must be erected around the drip line of existing trees and maintained during construction to the satisfaction of the Responsible Authority.

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

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

Administration, Permits, Fees and Charges • The Responsible Authority for plan checking and

supervision must obtain, in writing, the name of the project coordinator appointed to oversee the works and notification of commencement date prior commencing works.

• Prior to the issue of a Statement of Compliance, the developer is required to pay to The Responsible Authority a cash contribution of: − 0.75% of the total cost of the documented works for the

checking of engineering plans associated with the development approved herewith.

− 2.50% of the total cost of the documented works for the supervision of works associated with the development approved herewith.

• Prior to the issue of Certificate of Practical Completion and subsequent Statement of Compliance, the Developer is to lodge a security bond to the Responsible Authority for 5.00% of the total estimated cost of the documented works. This bond will be released following a satisfactory inspection, 52 weeks after practical completion.

• Practical completion will not be granted until the relevant title (road, reserves etc.) are transferred to the responsible authority.

• Following completion of all works, but prior to issuing of Statement of Compliance, “as constructed” drawings are to be submitted to the Responsible Authority.

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36.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. All design plans and specifications must be detailed to the

satisfaction of the responsible authority and will valid for a period of 12 months only upon acceptance. Following expiry, design plans must be resubmitted for review and accepted prior to works commencing.

Environment An amended biodiversity assessment will be required at permit stage as any vegetation within 4metres of a boundary will be deemed lost and native vegetation off-sets will be required.

Environmental Health No objection to the proposal.

Advertising The Planning and Environment Act 1987 is silent on the notice requirements for development plans. It is considered common practice that notice is given to adjacent land owners as is usual with a planning permit application as a minimum. Public notice for this application was given to adjoining properties and beyond to the wider area. Two notices were placed on site at the Kidston Parade/Stoneleigh Road intersection and the end of Merinda Way. Several notices were placed in the Mansfield Matters section of the Mansfield Courier on 7 and 14 March 2018. The period for public notice commenced 2 March 2018 and ran until 6 April 2018. It should be noted that there is no prescribed consultation period for a development plan application. The practice of this Council has been to provide a notice period akin to a planning scheme amendment, that is a period of 28 days, which is double that which the community has to make a submission for a planning permit application. There were a total of nine submissions following public notice. The issues raised ranged from bushfire risk to traffic safety, amenity and flooding. There have been many conversations and counter enquiries with interested residents over the past few months and further information has been shared with the submitters in recent weeks.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Grounds for Objection Key concerns Traffic issues

• Current heavy traffic and speed on Kidston Parade. • Dust and poor visibility already a safety hazard for many residents who use the

road to walk or ride. • Will create significant traffic load to service future residents and those already in

Merinda Way. • Traffic speeds should be reduced to 50kph on Kidston Parade and Stoneleigh

Road and developer should be required to seal the road on Kidston Parade prior to any construction.

• Stoneleigh Road although sealed has a blind hill that creates safety issues with visibility.

• 600% increase in traffic from local vehicles alone and additional through traffic to Merinda Way and Monkey Gully Road.

• Developer must improve the southern half of Kidston Parade by sealing and adequate drainage.

• Developer must provide footpaths and lighting. • Shire must agree to traffic management actions. • Establish a local traffic zone with signage. • Council should install a SLOW DUST sign as in other gravel roads. • Lives at Beolite Village and will be affected by changes in traffic loads.

Concerns about rate of growth of Mansfield

• No need for new land releases as infrastructure cannot keep up with these developments.

• The development does not fit in with the estimated dwelling demands that the Mansfield Housing Strategy Report sets out in managing residential development and future housing growth.

Drainage

• Kidston Parade floods and this will only add to the problem. • Future works may impact the natural drainage flows to existing dams on adjacent

land. Bushfire risk

• Concerned about bushfire risk from ember attack. Concerned that our planning standards may not be up to date with findings or 2010 Royal Commission.

• Requested officer pass on the submission to the CFA as often the CFA do not understand or acknowledge a scientific finding.

.

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38.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Key concerns Fencing A request was also taken over the counter during public notice from an adjoining land owner as to whether dog proof fencing could be installed to the western and southern boundaries to protect stock. This has been included as a direction in the schedule to the development plan Consultative Meeting A consult meeting was held on 4 June 2018 at 6pm and attended by the Applicant, Councillor Marg Attley and officers from Council’s Infrastructure and Planning Departments. Approximately 14 submitters and local residents were in attendance. All submitters were given a chance to address their issues and the applicant was given an opportunity to respond. Council’s Engineers were able to listen to the issues being raised and address them were possible. Meeting notes were distributed following the meeting. Officer’s Comment in response to submissions • Traffic safety, speed and dust In summary, the submissions received to public notice were generally around issues concerning current and future traffic loads, speed limits, safety issues and amenity issues such as dust along Kidston Parade and Stoneleigh Road. There is genuine concern from nearby residents about these issues and the impact this will have with the increases in traffic from this development. A Traffic Impact Assessment (TIA) prepared by Trafficworks P/L was submitted with the application which utilized Council traffic counts. A traffic count on Stoneleigh Road undertaken by Council in July 2017 provided the two-way traffic counts as follows: Average weekday volumes 357 vehicles per day Average 7 day volumes 334 vehicles per day Average weekday AM peak 21 vehicles per day (9am till 10 am) Average weekday PM peak 43 vehicles per day (5pm to 6pm) Council also undertook traffic counts on Kidston Parade, q00 metres south of Malcolm Street, July 2017 with two-way results as follows: Average weekday volumes 151 vehicles per day Average 7 day volumes 142 vehicles per day

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

39.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Average weekday AM peak 13 vehicles per day (9am till 10 am) Average weekday PM peak 17 vehicles per day (5pm to 6pm) Council’s Infrastructure Department requested further information from the applicants Traffic Engineers in relation to development contributions to road construction and the considerable amount of development potential yet to be realised in the area, particularly along Kidston Parade. Assumptions made in the addendum to the Traffic Impact Assessment are based on a daily rate of 10 vehicle movements per day (based on Infrastructure Design Manual standards) and peak hour rate of 0.85 vehicle movements per hour per dwelling as specified in the RTA Guide to Traffic Generating Developments. At full development and including traffic diverted from Merinda Way Estate, traffic estimates are to be in the order of 630 vehicle movements per day, split 126 vehicle movements per day for Kidston Parade and 504 vehicle movements per day along Stoneleigh Road. The addendum to the TIA summated that this would not raise any safety and traffic management issues for a Rural Living Access Road as defined in the Infrastructure Design Manual (IDM). This development in itself does not trigger roadworks to be undertaken such as sealing and intersection works according to the maximum 1000 vehicle movements per day threshold. It also concluded that there is no change in turn lane treatments required at the intersection of Stoneleigh Road and Kidston Parade and raised no safety issues associated with increased traffic movements. Clause 21.03-3 Rural Living of the Mansfield Planning Scheme cites that Council in its decision should assess whether there is “a need for contributions toward the upgrading of roads in the locality.” In anticipation of further development along Kidston Parade and the area in general, Council officers consider that the developer should pay for the sealing of a length of Kidston Parade and the upgrading of the intersection of Kidston Parade and Stoneleigh Road. This has been calculated according to the apportionment of cost given the development potential of the land as a percentage of the overall development potential of the wider area. This is a requirement of Schedule A to the Development Plan at Directions 2 - 6. Approximately 98 metres of the length of Kidston Parade is to be sealed by the developer and intersection works are required to be undertaken at the intersection of Kidston Parade and Stoneleigh Road. A petition has been submitted by residents requesting a reduced speed limit on Kidston Parade and Stoneleigh Road. Council’s Infrastructure Department has referred this matter to VicRoads, the authority responsible for approving all speed limits, and is a matter that needs to be treated separately to the development plan.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 August 2018

40.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. • Fire Issues The CFA were a referral authority to the application and have provided a suite of directions for Schedule A to the development plan. One of the submitters requested that their submission be forwarded to the CFA for consideration, which was done however the CFA made no further comment on this information. There are a number of directions from the CFA to address fire risk. • Housing Strategy The subject area is not within the Mansfield township boundary and is not subject to the findings of the Draft Mansfield Housing Strategy 2018. • Flooding on Kidston Parade A requirement for catchment planning at subdivision stage is included in the Schedule A directions. This will look at drainage issues from the development that would impact on the area catchment. Engineering requirements are such that a development cannot increase the amount of runoff generated by a site and that infrastructure such as retarding basins needs to be installed to store stormwater and then release it when there is capacity in the local drainage system. This assessment will be required at subdivision stage. • Footpaths and lighting provision All roads and public open spaces will be illuminated and footpaths provided to one side of the street in accordance with the requirements of the Infrastructure Design Manual requirements for Rural Living estates. • Natural drainage flows to adjacent dams A permit is required to alter the flow of water across boundaries. It is not anticipated that flows will be interrupted but can be dealt with through the permit phase if they do arise. Officer’s Assessment An assessment of the application against the requirements of the Planning Scheme has been outlined in previous sections of this report. Overall, it is the opinion of the Officer that this development presents a suitable development outcome for the subject land. The lot sizes meet the requirements of the Rural Living Zone. The larger lots take advantage of the topography and maintain a sense of open space close to a ridgeline for any view lines of the general area. The development will provide appropriate housing densities around the perimeter of the township and will enable an appropriate transition of residential zoning between low density living and the farming zone land to the west. This development will complete the ring of developed rural living land between Rifle Butts Road and to the west side of the town’s boundary.

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41.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. The rural setting will allow for most of the remnant vegetation to be retained. This will provide a scattered amount of trees throughout the estate. The requirements for road sealing and intersection works outside of the development are a reasonable expectation given the development potential of the wider area and a need for the developer to contribute to the upgrading of infrastructure that will service the subject site. The apportionment of cost has been based on a recognised formula for calculating development contributions and in so doing does not unfairly burden any one land owner with the overall costs. The Schedule A Directions attached to the development plan sets out future requirements for further detail and compliance with the planning scheme at subdivision stage. Conclusions It is considered that the proposal maintains compliance with relevant State and Local policies, the purpose of the zone, and the requirements of the Development Plan Overlay 3. It is recommended, therefore, that the Stoneleigh Park Estate Development Plan be approved with no additional changes to the Directions. Attachments No. Title 1 Stoneleigh Park Estate Development Plan (large version) – 1 page Councillors Sladdin/Olver: That Council, having considered the written and verbal submissions made during the consultation process approve the Development Plan for the Stoneleigh Park Estate, Mansfield (Ref. A161002/8 dated 03/05/2018), known as Lot 9 PS7501 Stoneleigh Road, Mansfield, subject to the following directions, to be attached to the approved Development Plan as Schedule A: Schedule A A further referral to authorities may be required when a planning permit application is made for subdivision. The following directions must be satisfied as part of the planning permit application:

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. External Road Works 1) The land shall be developed in general accordance with the recommendations

outlined in the TrafficWorks - Traffic Impact Assessment (TIA) 25 October 2017 and the proceeding addendum 5 July 2018. Where conflict arises between a recommendation of the TIA and a Council specified condition, the Council condition will preside.

2) Sealed basic right turn (Type BAR) shoulder widening and sealed basic left (Type BAL) turn provisions must be provided at the intersection of Stoneleigh Road and Kidston Parade at full cost to the developer. The intersection upgrade will include lighting as per the recommendations in the TIA.

3) Prior to the issue of a Statement of Compliance for the final stage of the

subdivision, the applicant shall construct 12% of the length of Kidston Parade (98m) to Mansfield Shire Council Infrastructure Design Manual (IDM) Rural Living Access Road Standard (9.2m formation, 6.2m sealed road).

4) The pavement must be designed by a suitably qualified geotechnical

engineer, to the satisfaction of the responsible authority. 5) All pavement is to be constructed to a minimum depth of 250mm in

accordance with the IDM.

6) All road intersections, shall be signed and linemarked to be compliant with VicRoads Traffic Engineering Manual Volume 2.

Internal Road Infrastructure 7) All roads, footpaths, kerb and channelling must be designed in accordance

with the IDM. All roads and court bowls are to be designed be consistent with Table 2 of the IDM and in consultation with Council.

8) All internal court bowls must have a minimum radius of 11.5 metres. 9) Roads adjacent to reserves must provide for car parking on one side of the

road. 10) The pavement must be designed by a suitably qualified geotechnical

engineer, to the satisfaction of the responsible authority. 11) All pavement is to be constructed to a minimum depth of 250mm in

accordance with the IDM.

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43.

10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. 12) All road intersections, shall be signed and linemarked to be compliant with

VicRoads Traffic Engineering Manual Volume 2. 13) Temporary court bowls shall be fully fenced, appropriately signed, shaped,

drained, and be of all-weather construction (minimum pavement thickness 100mm, class 4 FCR), with a minimum turning radius of 11.5m. Prior to installation of a temporary court bowl, formal agreement with the neighbouring property will be achieved if applicable. Maintenance of the temporary court bowl will remain the responsibility of the developer.

14) All road, road related areas and public open spaces / reserves within the new

subdivision shall be provided with public lighting in accordance with the minimum requirement for Category P lighting guidelines and light technical parameters in AS/NZS 1158.3.1 and as approved by the responsible authority. All public lighting must incorporate the use of energy efficient globes (i.e. T5).

Internal Pedestrian and Cycle Paths 15) Internal pedestrian and cycle paths must be provided in accordance with

Table 2 of the IDM and road crossings at external connections must be treated in accordance with the layout in Figure 8 of the IDM.

Earthworks 16) The extent and depth of all proposed lot filling is to be denoted on the design

plan. Where depths of fill on allotments exceed 300 mm, those areas are to be clearly differentiated from areas where the depths of fill are less than 300 mm.

17) Where the depth of fill exceeds 300mm, the fill is to be compacted in accordance with the requirements of Table 204.131 Compaction Requirements Scale C of VicRoads Technical Specification 204 and shaped to match existing site levels. Geotechnical test results are to be submitted to Council’s Infrastructure Department for confirmation that the required compaction has been achieved.

18) Where fill is imported onto the site, written records are to be provided to

Council’s Infrastructure Department to confirm the source of the fill and to provide evidence that the soil is not contaminated.

Drainage 19) Drainage design plans and computations must incorporate the following:

• A catchment plan for the subject area in accordance with the approved Drainage Strategy. External catchments affecting the subject land are to be included in the design and computations.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

• All stormwater drainage discharge from the site connected to an approved

point of discharge. • An on-site stormwater treatment facility that will achieve a minimum of no

net increase in pollutants discharging from the site. Design plans are to include output from MUSIC or similar with design calculation summaries of the treatment elements

• All levels are to be to AHD (Australian Height Datum).

20) Altered overland flow paths must pass through the designed routes within reserves for municipal purposes or within easements. No overland flow shall be allowed to impact on the adjacent lots.

21) All proposed building lot levels (including accesses, carports, garages, and sheds), are to be safe in a flood event, with floor levels for dwellings to be a minimum of 300mm above the 100 year ARI peak flow.

22) All stormwater infrastructure such as wetlands, retardation and treatment facilities shall remain the responsibility of the developer until Statement of Compliance is issued for the final stage of the subdivision. The stormwater infrastructure must be maintained to a standard acceptable to the responsible authority.

Maintenance 23) Reserves for municipal purposes must be designed to the satisfaction of the

responsible authority prior to certification.

24) Landscaping elements shall be durable enough to withstand severe adverse weather conditions (ie flooding and sun exposure) and designed & constructed to minimise cost of maintenance, repairs, and replacement. The types of materials, method of construction, and location of infrastructure are to be determined in consultation with the responsible authority.

Signage, Street Furniture and Services 25) All street signs and furniture must meet the appropriate VicRoads and

Australian Standards for traffic.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Asset Protection

26) A construction management plan (CMP) is to be submitted and approved by

Council prior to the commencement of any works. The CMP will contain at minimium: • Protection of significant native vegetation during the construction of

roads, reticulated services and other infrastructure. • Prevention of adverse environmental impacts on existing waterways

including through run-off and siltation. • Procedures to ensure access by construction vehicles during the

construction does not impact the amenity of the surrounding neighbourhood.

27) All construction and ongoing activities must be in accordance with sediment

control principles outlined in 'Construction Techniques for Sediment Pollution Control' (EPA, 1991).

28) All services must avoid root zones of existing trees. Where services cannot be placed to avoid the root zone, boring and/or hand digging must be undertaken to minimise root damage to the satisfaction of the responsible authority.

29) Temporary barriers must be erected around the drip line of existing trees and maintained during construction to the satisfaction of the responsible authority.

30) Any damage to Council managed assets such as roads and stormwater

infrastructure, must be repaired at the cost of the developer to the satisfaction of the responsible authority.

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

Administration, Permits, Fees and Charges 32) The responsible authority for plan checking and supervision must obtain, in

writing, the name of the project coordinator appointed to oversee the works and notification of commencement date prior commencing works.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

33) Prior to the issue of a Statement of Compliance, the developer is required to

pay to the responsible authority a cash contribution of: • 0.75% of the total cost of the documented works for the checking of

engineering plans associated with the development approved herewith. • 2.50% of the total cost of the documented works for the supervision of

works associated with the development approved herewith.

34) Prior to the issue of Certificate of Practical Completion and subsequent Statement of Compliance, the Developer is to lodge a security bond to the responsible authority for 5.00% of the total estimated cost of the documented works. This bond will be released following a satisfactory inspection, 52 weeks after practical completion.

35) Practical completion will not be granted until the relevant title (road, reserves etc.) are transferred to the responsible authority.

36) Following completion of all works, but prior to issuing of Statement of

Compliance, “as constructed” drawings are to be submitted to the responsible authority.

37) All design plans and specifications must be detailed to the satisfaction of the

responsible authority and will valid for a period of 12 months only upon acceptance. Following expiry, design plans must be resubmitted for review and accepted prior to works commencing.

Goulburn Murray Water GMW requires that future planning permit applications meet the following requirements: 38) Before the plan of subdivision is certified under the Subdivision Act 1988, a

landscape plan (three copies) for the creek buffer revegetation areas for Lots 1 and 11 as specified on the approved development plan must be submitted to and approved by the responsible authority. When approved, the landscape plan will form part of the subdivision permit. The landscape plan must show ; • A detailed planting and maintenance schedule of all proposed trees and

shrubs. The landscaping is to consist of locally indigenous native species to the satisfaction of the responsible authority.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

• The plant schedule should be based on the recommended planting schedule documented in the Revegetation Guide for the Goulburn Broken Catchment as published by the Goulburn Broken Catchment Management Authority.

• A notation that only weed-control and revegetation is to be carried out in the area referred to in condition 2(a) to assist natural regeneration.

39) Prior to the issue of Statement of Compliance, the land shall be landscaped

and maintained in accordance with the endorsed landscape plan to the satisfaction of the responsible authority.

Environmental Health 40) Any future development must comply with the relevant EPA Code of Practice

for Onsite Wastewater Management and the design, installation and management requirements of Paul Williams Land Capability Assessment no. A161002, dated August 2017, including wastewater to be treated to a standard of at least 20mg/L BOD and 30mg/L suspended solids.

Goulburn Valley Water 41) The developer is to fund the provision of reticulated water to the

development. Planning permit conditions to be determined upon receipt of planning application.

Country Fire Authority Any future planning permit for subdivision be referred to the CFA and the following directions apply to a future planning permit for subdivision: 42) Roads

Roads must be constructed to a standard so that they are: • Accessible in all weather conditions and capable of accommodating a

vehicle of 15 tonnes for the trafficable road width • The average grade must be no more than 1 in 7 (14.4%) (8.1degrees) with a

maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 metres, Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle.

• Curves must have a minimum inner radius of 10 metres. • Have a minimum trafficable width of 3.5 metres and be clear of

encroachments for at least 0.5 metres on each side and 4 metres above the access way.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

• Roads more than 60m in length from the nearest intersection must have a turning circle with a minimum radius of 8m (including roll-over kerbs if they are provided) T or Y heads of dimensions specified by the CFA may be used as alternatives.

43) Firefighting water supply for each lot

Provide a minimum 10,000 litres of effective water supply for firefighting purposes which meets the following requirements: • Be stored in an above ground water tank constructed of concrete or

firefighting purposes made of corrosive resistant metal. • Be readily identifiable from the building or appropriate identification

signage to the satisfaction of the relevant fire authority. • Be located within 60 metres of the outer edge of the approved building. • The outlet/s of the water tank must be within 4 metres of the access way

and unobstructed. • Incorporate a separate ball or gate valve (British Standard Pipe (BSP 65

millimetre) and coupling (64 millimetre CFA 3 thread per inch male fitting). • Any pipework and fittings must be a minimum of 65 millimetres (excluding

the CFA coupling). 44) Internal driveway access for each lot

Provide access for firefighting purposes which meets the following requirements: • All weather construction. • A load limit of at least 15 tonnes. • Provide a minimum trafficable width of 3.5 metres. • Be clear of encroachments for at least 0.5 metre on each side and at least

4 metres vertically. • Curves must have a minimum inner radius of 10 m. • The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with

a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50m.

• Dips must have no more than a 1 in 8 (12.5%) (7.1 degrees) entry and exist angle.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

• Incorporate a turning area for firefighting vehicles close to the building by

one of the following: − A turning circle with a minimum radius of eight metres; − A driveway encircling the dwelling; − The provision of vehicle turning heads – such as a T or Y head –

which meets the specification of Austroad Design for an 8.8 metre service vehicle.

DELWP 45) In accordance with the Mansfield Planning Scheme (12.01, 21.05-2, 52.17, and

Schedule 3 to the DPO -DPO 3) it is recommended that the Lots be designed to allow for the retention of native vegetation, in this case large old trees.

46) Where boundaries will result in either actual or deemed loss, it is

recommended that those boundaries be modified to avoid impacts on trees, including avoiding creating an exemption. Given the large Lot sizes this appears to be a practical solution. This is particularly relevant between Lots 7 and 12, where the largest patch of native vegetation within the 140-hectare site is found. The principle also applies to other boundaries. A four (4) metre buffer would remove the creation of an exemption for fence construction or maintenance.

47) A requirement of the Development Plan Overlay is that the site be assessed

and a design response be supplied that addresses site constraints (dot point 2 of 1.0 A of Schedule 3 to the Development Plan Overlay). Consistent with this and other requirements to protect native vegetation, it is recommended that, if native vegetation cannot be avoided, then an accurate plan be provided, not simply a plan that is indicative. All losses or deemed losses should be assessed at this stage.

48) Boundary fences and other infrastructure requirements are to be placed to

avoid impact on large old trees. This would mean boundaries 4 metres distant from trees and assessment of other infrastructure, such as power supply, on their merits.

49) A revised Native Vegetation Clearing Report will be required, should more

clearing or deemed clearing be necessary, using the current Guidelines. This is important as the extra losses from boundary placement could place the application in the Detailed Pathway, requiring extra information and the finding of possibly substantial offsets.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont.

50) The applicant/proponent is informed that they will need to obtain the consent of DELWP before undertaking works within the Crown land intended to be utilised for the Drainage Reserve.

Biodiversity Assessment 51) An amended biodiversity assessment may be required at permit stage as any

vegetation within 4 metres of a boundary will be deemed lost and native vegetation off-sets will be required.

Other Cultural Heritage 52) A Cultural Heritage Management Plan is required to be prepared for any

future planning application for subdivision where there is an area identified for possible cultural heritage significance.

Landscaping and Urban Design 53) Landscape plans for all areas of public open space including streetscape

works detailing soft and hard landscaping items including site preparation, plant species an size, mulching, staking, maintenance schedule, paths, seating, lighting, bollards and fencing and any other matters as appropriate.

54) A landscape plan that shows Tree Protection Zones (TPZ) for critical root zones for all native trees to be retained and measures outlining how the TPZ is to be protected during any construction works.

Detailing of any Estate Signage and Entry Treatments. 55) Substations and other service infrastructure should not be located in public

open space areas used for recreational purposes. They should be screened from public view and landscaped appropriately.

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10.4.1 Development Plan Application for a 34 Lot Rural Living Development at 9 Stoneleigh Road Mansfield (Lot 9, PS7501) Cont. Section 173 Agreement 56) Prior to the issue of Statement of Compliance, the owner of the land must

enter into an agreement under Section 173 of the Planning and Environment Act 1987, with the responsible authority. The Agreement must be registered on the title of the subject land in accordance with Section 181 of the Planning and Environment Act 1987, all to the satisfaction of the responsible authority and at the land owner’s cost. The agreement must provide for the following:

• Except with the written consent of the responsible authority, the following

are prohibited within the drip line of the trees identified to be retained with Tree Protection Zones as endorsed on plans under planning permit:

i. Vehicular or pedestrian access; ii. Trenching or soil excavation;

iii. Storage or dumping of any soils, materials, equipment, vehicles, machinery or waste products;

iv. Entry and exit pits for underground services; and v. Any other actions or activities that may result in adverse impacts to

the health of retained native vegetation.

• The landscaping works approved for lots 1 and 11 must be maintained by the landowner in accordance with the maintenance schedule of the endorsed landscape plan, as attached to this agreement, to the satisfaction of the responsible authority.

• Perimeter fencing is to be of an open rural nature and dog proof to the satisfaction of the responsible authority.

Carried

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10.4 EXECUTIVE SERVICES CONT. 10.4.2 Budget Variation – Appointment of Two Directors File Number: E5026 Responsible Officer: Chief Executive Officer, Alex Green Disclosure of Conflicts of Interest The author of this report and officers providing advice in relation to this report do not have a direct or indirect interest in this matter, as provided in accordance with the Local Government Act 1989. Introduction This report recommends a budget variation of $320k additional operating expenditure in 2018-2019 to allow immediate recruitment of two Director positions. Two Directors would be appointed as:

- Director Corporate and Community Services - Director Infrastructure and Development Services

This change is not considered material under the Local Government Act (1989) and as such does not trigger a revised budget. Background Considerable work has been undertaken over the last three years reviewing organisational service delivery, efficiency of service delivery, opportunity for cost savings through service reduction and restructuring, and sustainable organisational structures to support services delivered to the community. Mansfield Shire Council has had a flat structure with five managers and a senior officer reporting to the CEO:

- Finance Manager - Community Services Manager - Infrastructure Manager - Development Services Manager - Corporate and Organisational Development Manager - Governance and Strategy Co-ordinator.

At best, when fully staffed, this structure allows operational demands to be met, with very minimal capacity to drive forward strategic issues. This assumes managers are resilient, experienced, self-directed and highly capable. At worst this structure does not allow the organisation to meet operational delivery needs and statutory compliance requirements and puts the organisation at risk. Recruitment to vacant manager positions has been mixed, with the Development Services Manager position being vacant for 10 months and advertised twice, before a successful appointment was made.

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10.4.2 Budget Variation – Appointment of Two Directors Cont. This has increased pressure on the remaining management team, resulting in a recent resignation from a key role. Considerable discussion has identified the lack of directors as a strategic risk to the organisation. Statutory Requirements Several sections of the Local Government Act (1989) are relevant. Section 126 Strategic Resource Plan is a resource plan of the resources required to achieve the strategic objectives of Council:

126(2)(b) The Strategic Resource Plan must include in the respect of at least the next 4 financial years – statements describing the non-financial resources, including human resources, in the form and containing the information required by the regulations.

Section 127 Council must prepare a budget has been completed. Section 128 Revised budget states:

128(1) A Council must prepare a revised budget if circumstances arise which cause a material change in the budget and which affects the financial operation and position of the Council.

Section 223 Right to make a submission was used to call for public submissions to the budget. Council’s Strategic Resource Plan 2018-2022 includes directors in the organisational structure from 1 July 2019 ongoing. The proposal to vary the 2018-2019 Budget to allow immediate recruitment of the two directors is not considered a “material change” for the following reasons.

- The inclusion of two directors from 1 July 2019 in the Strategic Resource Plan was put out for public consultation with the community as part of the 2018-2019 budget process.

- The cost of bringing immediate recruitment to these positions is an additional $320k in 2018-2019. VAGO set materiality in 2017-2018 financial year at $536,718 – 3% of the prior financial year’s expenses.

- There is no “material change” in proposed service delivery levels for the organisation, given the positions were identified in the approved Strategic Resource Plan from 1 July 2019 ongoing and this proposal would bring this forward by only 10 months.

Overall the change proposed is not considered material for the purposes of the Act and so a revised budget is not required. Council is able to approve this recommendation directly by resolution.

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10.4.2 Budget Variation – Appointment of Two Directors Cont. Council Plan This proposal supports the following Strategic Directions: Strategic Direction 2: Financial Sustainability. Strategic Objective 2.1: Council has a strategic long term financial plan to secure its ongoing financial sustainability. The proposal is incorporated into the long term financial plan. Strategic Direction 5: Responsible Leadership. Strategic Objective 5.5: We have a strong framework in place to proactively mitigate risk. This proposal will minimise risks to the organisation. With the current structure these risks are unmanaged. Financial It is estimated that the total cost for two director positions is $450k per annum. This is calculated:

- using benchmark salary figures for equivalent positions in small rural Councils; - on-costs of 15.45%, includes superannuation, annual leave and workcover; and, - other ancillary costs, vehicles, phones, administrative costs.

Total cost for two directors for 10 months is $375k. With other vacancies and salary savings it is estimated that an additional $320k is required in 2018-2019 Budget. Social Not applicable. Environmental Not applicable. Economic Not applicable. Risk Management Without immediate appointment of directors the following risks arise:

- non-delivery of the Council Plan; - non-compliance with statutory requirements under the current Act; - non-compliance with the increased statutory requirements under the Exposure Draft

Act; - inability of the CEO to focus on strategic issues and build external relationships to

the benefit of the Mansfield community; - increase in the likelihood of claims for stress or other mental health issues; and, - inability to modernise and ensure best practice delivery.

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10.4.2 Budget Variation – Appointment of Two Directors Cont. Community Engagement Extensive community engagement has taken place as part of the Mansfield Shire Council Budget 2018-2019 and Strategic Resource Plan. This was done in line with Section 223 of the Local Government Act (1989). As this change is not material there is no requirement for further community engagement on this issue. Officer’s Comments Since the election of the current Council there has been considerable discussion between Councillors and the CEO that the lack of directors is a significant strategic risk to the organisation. It is my strong advice to Council, formally through this Council report, that the current organisational structure is not sustainable. Mansfield Shire Council is the only Victorian local government entity (out of 79) that does not have directors. This limits the strategic and external relationship focus of the organisation. The capacity of managers to operate strategically does vary, and this is related to experience in the role and how ‘routine’ operational matters are. Under the current model any difficult operational matters are escalated to the CEO limiting the capacity to operate strategically or focus on external relationships. There have also been issues recruiting to manager positions, with long periods of vacancies. This is the reality of small rural councils, with the pool of candidates smaller and with limited ability to match remuneration levels of larger councils. To counter this effect it is crucial that the organisational structure has greater capacity. In theory, the roles of each level of management should be focused in different areas with some overlap between each level.

• CEO should have an external focus, leading the development of the organisation’s strategic direction and ensuring alignment internally and externally with a very small amount of time spent consulting on the very difficult operational issues.

• Directors’ responsibilities include an amount of external relationship building in their area of expertise, strategic development in support of the CEO and ensuring implementation and alignment of their areas with the Council Plan. They also provide guidance to managers on operational matters when required.

• Managers’ role is to ensure operational delivery and planning in their respective areas. They may also assist on policy development where experience and skills allow.

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10.4.2 Budget Variation – Appointment of Two Directors Cont.

The proposed restructure would establish directors on a common model used in small rural councils and some large rural councils:

• Director Infrastructure and Development Services • Director Community and Corporate Services

The two director model combines different areas of responsibility under a single person, but is considered a good compromise for smaller councils and has proven effective throughout Victoria. It is a good trade-off to build organisational capacity, without the added cost of a three or four director model commonly found in large rural and other councils. Given the extended nature of manager vacancies and recent resignation, the recommendation brings forward the implementation of an organisational structure already approved by Council in the Strategic Resource Plan. Attachments Nil.

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10.4.2 Budget Variation – Appointment of Two Directors Cont. Recommendation: That Council approve a variation of $320k to the 2018-2019 Budget to allow the immediate appointment of two directors. Cr Sladdin moved the motion. Councillors Sladdin/Attley: That Council delay the introduction of the two director positions until the 2019-20 financial year. Carried 10.4.3 Appointment of Acting Mayor File Number: E502 Responsible Officer: Dawn Bray, Governance & Strategy Coordinator Disclosure of Conflicts of Interest The author of this report and officers providing advice in relation to this report do not have a direct or indirect interest in this matter, as provided in accordance with the Local Government Act 1989. Introduction Due to personal reasons the Mayor, Cr. Paul Volkering, is stepping down from the Mayoral role effective immediately. Section 73(3) of the Local Government Act 1989 requires the appointment of an acting Mayor in such circumstances. It is recommended that Cr. Harry Westendorp, Deputy Mayor, be appointed as the Acting Mayor for the remainder of this Mayoral term. A new Mayor will be elected at the Special Council (Statutory) Meeting November 2018. Background Cr. Paul Volkering was elected as Mayor at the Statutory Meeting of 28 November 2017 for a term of 12 months. Cr. Harry Westendorp was elected as Deputy Mayor at that meeting for the same term. Statutory Requirements Section 73(3) of the Local Government Act 1989 (the Act) states that if the Mayor is absent, Council must appoint one of the Councillors to be the acting Mayor. Under section 73(4) the acting Mayor may perform any function or exercise any power conferred on the Mayor. 10.4.3 Appointment of Acting Mayor Cont.

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The Special Council (Statutory) Meeting at which the Mayor, Deputy Mayor and other appointments are made by Council must, under section 71(3)(a), be held after the fourth Saturday of October but before the 30 November each year. Statutory requirements in relation to allowances will be discussed under the Financial section. Council Plan Strategic Direction Five of the Council Plan 2017-21 relates to Responsible Leadership. The appointment of an Acting Mayor is consistent with Strategic Objective 5.1 – We achieve the highest standards of good governance. Financial Section 66B(2) outlines the provisions for allowances where the Mayor is unable to fulfil their duties. The Mayoral allowance, paid at a pro rata rate, therefore needs to be transferred from Cr. Volkering to Cr. Westendorp. Cr. Volkering will continue to be paid a Councillor allowance. Social There are no social impacts arising from the issues discussed in this report. Environmental There are no environmental impacts arising from the issues discussed in this report. Economic There are no economic impacts arising from the issues discussed in this report. Risk Management Nil. Community Engagement Community engagement is not required for the appointment of an Acting Mayor. Officer’s Comments The appointment of an Acting Mayor in the absence of the current Mayor is required under the Act and ensures that the roles and responsibilities assigned to the Mayoral role continue to be fulfilled. Appointment of Acting Mayor would be for the remainder of the Mayoral term, approximately three months.

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10.4.3 Appointment of Acting Mayor Cont. Given the relatively short period of time, it is not considered necessary to appoint a Deputy Mayor given that there are no statutory functions attributed to this role under the current Act. The allowances paid to Crs. Westendorp and Volkering will be adjusted accordingly. Attachments Nil. Councillors Sladdin/Attley: That Council: 1. Appoint Cr Westendorp as Acting Mayor until the Special Council (Statutory)

meeting in November 2018. 2. Allocate the Mayoral Allowance to Cr. Westendorp for the period between 21

August and the Special Council (Statutory) meeting in November 2018. 3. Allocate a Councillor Allowance to Cr. Volkering for the period between 21

August and the Special Council (Statutory) meeting in November 2018. Carried

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10.5 INFRASTRUCTURE 10.5.1 Council Policy – Vehicle Fleet Policy and Procedures 2018 File Number: E1533 and E582 Responsible Officer: Infrastructure Manager, Neil Ogilvie Disclosure of Conflicts of Interest The author of this report and officers providing advice in relation to this report do not have a direct or indirect interest in this matter, as provided in accordance with the Local Government Act 1989. Summary Council’s Vehicle Fleet Policy and Procedures has undergone a review by Council officers. The Policy provides a framework for improved management of all Council owned and managed passenger and light commercial vehicles, ensuring that motor vehicles are selected, acquired and used in ways that provide the best possible support to Council operations. Background Motor vehicles are a necessary tool to enable Council employees to operate efficiently. Council provides and maintains a vehicle fleet with a range of vehicle types appropriate to the needs of Council operations in accordance with best management practices and in the interests of serving the community. Council’s vehicle fleet also includes private use, commuter use and pool vehicles. A fleet vehicle policy has been in place since February 2008 with its last review taking place in 2017. The Policy aims to ensure: • Council’s financial commitment is minimised. • Environmental sustainability is considered. • Statutory obligations are observed in regard to occupational health and safety. • The business of Council is delivered efficiently. Statutory Requirements A number of Federal and State vehicle related legislation and policies are referred to in the Vehicle Fleet Policy and Procedures. Such legislation will take precedence over this Policy where appropriate.

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10.5.1 Council Policy – Vehicle Fleet Policy and Procedures 2018 Cont. Council Plan The Vehicle Fleet Policy and Procedures is aligned to the Council Plan theme “Driving organisational performance and resource management”. The Policy communicates Council’s objectives to perform efficient and effective procurement, management and use of all Council vehicles. Further, the Policy includes the overall strategic direction of Council in the governance of vehicle assets in accordance with relevant best practice, statutory obligations and probity regulations. Financial Operating and running costs associated with the management of Council vehicles are covered in Council’s budget. Replacement of vehicles will be guided in priority order by the availability of capital budget and a replacement timing that minimises net cost to Council. Replacement of vehicles will be assessed for cost effective purchase and disposal advantages including model changes, kilometres, age of vehicle, recurrent costs or accident damage. Social Council vehicles with a logo attached are recognisable within the community. Good driving behaviour within these vehicles should reflect positively on the organisation, and the Policy explains at length the expectations required of all fleet vehicle users. With the exception of private use vehicles, all Council vehicles will have Council’s logo affixed in a prominent position. Environmental All new fleet vehicles are currently considered based on their environmental performance and are assessed using the Australian Governments Green Vehicle Guide. Economic In choosing the most appropriate vehicles for Council’s fleet, regard is given to maximising standardisation of vehicles that seek to reduce operating costs, maintain service levels and, when possible, continue sustainable practices. Risk Management Council is committed to purchasing and leasing vehicles equipped only with proven safety features that allow for safer driving. Employees intending to use a Council vehicle are required to demonstrate their commitment to safety by practising safe driving behaviours and observing the ‘Guide to Safe Work Related Driving’ – a handbook for workplaces published by the Transport Accident Commission. All Council vehicles are insured under a comprehensive policy covering vehicles, drivers, passengers and damage to third parties.

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10.5.1 Council Policy – Vehicle Fleet Policy and Procedures 2018 Cont. Community Engagement The nature of the Policy does not require consultation with the community. Officer’s Comments This most recent review of the Policy includes an update to vehicle makes and models in accordance with market availability. Council’s vehicle fleet caters for the transportation requirements of Council staff in delivering normal Council business in a safe, efficient and cost effective way. In accordance with the Vehicle Fleet Policy and Procedures, Council’s fleet shall be managed to: • minimise overall environmental impacts, • achieve maximum potential resale price, • minimise procurement, operational and maintenance costs, • provide an on-going safe work environment for staff, and • deliver the business of Council efficiently and to the satisfaction of the community. Attachments No. Title 1. Draft Vehicle Fleet Policy and Procedures 2018 - 24 pages Councillors Attley/Sladdin: That Council adopt the updated Mansfield Shire Council Vehicle Fleet Policy and Procedures 2018. Carried

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11. ASSEMBLIES OF COUNCILLORS Under section 76AA of the Local Government Act 1989 an Assembly of Councillors (however titled) is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be: • The subject of a decision of the Council; or • Subject to the exercise of a function; duty or power of a Council that has been

delegated to a person or committee [s.76AA]. An assembly of Councillors does not include a meeting of the Council, a special committee of the Council, or any club, association, peak body, political party of other organisation. A written record of each assembly is held by Council and is available for public inspection. The following is a list for the past month of assemblies held and the issues discussed.

DATE TYPE OF ASSEMBLY ISSUES DISCUSSED 17 July 2018 Councillors’ Briefing

Session Councillors: • Cr Paul Volkering • Cr Marg Attley • Cr Harry Westendorp • Cr Peter Olver • Cr Paul Sladdin Apologies: Officers: • Chief Executive Officer, Alex Green • Community Services Manager,

Melanie Hotton • Acting Development Services

Manager, Dawn Bray • Infrastructure Manager, Neil Ogilvie • Infrastructure Administration Officer,

Anne Edwards

Conflicts of Interest: Cr. Volkering declared an indirect Conflict of Interest due to close association in relation to Planning Application for 3 Curia Street and departed the Chamber during discussion from 2.15pm returning at 2.22pm. Issues Discussed: • Star Glen Ranch • New Street Special Charge Scheme • Howqua Caravan Park Planning Application • Innovate NEVic Project

Fees and Charges – Rates Notices • Pick my Project Update • Planning Application 3 Curia Street • Lock Street Special Charges Scheme • Pre-application meeting – Proposed Chenery Street Development • Integrated Water Management Plan • Cemetery Trust • ARMB Variable Message Board at town entrance • Compliments on Coles Road works • Overhanging Trees on Roadsides at Bonnie Doon • Spoon Drain Erosion Cemetery and Rec. Reserve, Bonnie Doon • Delegated Approvals Re: Planning Applications • Mansfield Cultural Heritage and Arts Centre • Fees and Charges – Rates • Bank Place temporary closure • Intersection - Howqua Track and Mt. Buller Road • Friends of Venilale • Value of Assets • Australia Day Ambassadors • Speed limit 50km Rifle Butts Road • Monkey Gully Road speed reduction

20 July 2018 Planning Consultation Meeting Re: 6 Curia Street Councillors: • Cr Marg Attley • Cr Harry Westendorp • Cr Peter Olver Officers: • Statutory Planner, Claire Wilkinson

Conflicts of Interest: NIL Issues Discussed: • 6 Curia Street

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11. ASSEMBLIES OF COUNCILLORS CONT. DATE TYPE OF ASSEMBLY ISSUES DISCUSSED 24 July 2018 Councillors’ Briefing

Session Councillors: • Cr Paul Volkering • Cr Marg Attley • Cr Harry Westendorp • Cr Peter Olver • Cr Paul Sladdin Apologies: Officers: • Chief Executive Officer, Alex Green • Community Services Manager,

Melanie Hotton • Acting Development Services

Manager, Dawn Bray • Statutory Planner, Claire Wilkinson • Senior Strategic Planner, Kathy

Richardson • Economic Development Assistant,

Danielle Roberts

Conflicts of Interest: NIL Issues Discussed: • 6 Curia Street • Stoneleigh Park Development • Innovate NEVic Project • Ombudsman’s Enquiry • Friends of Venilale • Central General Practice Planning Application on adjacent property • Grandview Drive property • Howqua Caravan Park Planning Application • New Street Special Charges Scheme • Star Glen Lodge • Buttercup Road Stone Extraction VCAT Appeal • Update on Rate Notice Charge • Deer Hunting Blue Range Road • Lake Eildon Economic Value Assessment • Bonnie Doon and Mansfield Public Toilets • Appreciation noted for works on Coles and Ancona Roads • Murphy Fresh Update on Planning Permit Requirements • Speed Limits Tabletop Road • Jamieson Boat Ramp Maintenance • Waste Discussion on ABC Q&A Program • Shared Services • Farmhouse Childrens Centre Letter Re: Budget

7 August 20108

Councillors’ Briefing Session Councillors: • Cr Paul Volkering • Cr Marg Attley • Cr Harry Westendorp • Cr Peter Olver • Cr Paul Sladdin Officers: • Chief Executive Officer, Alex Green • Community Services Manager,

Melanie Hotton

Conflicts of Interest: NIL Issues Discussed: • Swimming Pool Contract • Special Charge Schemes – Ryan Street, Church Street, Kitchen Street

and The Sidling • Kindergarten Budget Allocation • Lot 2002 Kitchen Street • Lakins Road • Activating Lake Eildon Growth Regional Economic Project • Friends of Venilale • Ancona Road Speed Limit • Traffic Volume on Maroondah Hwy • Mt. Buller Signage at Town Entrance • Buttercup Road Planning Application VCAT Hearing • Pat Arbuthnot’s map • Native Vegetation on road reserves.

10 August Planning Consultation Meeting Re: Howqua Valley Caravan Park Councillors: • Cr Paul Volkering • Cr Marg Attley • Cr Harry Westendorp Officers: • Planning & Environment Team

Leader, Grant Trenwith

Conflicts of Interest: NIL Issues Discussed: • Howqua Valley Caravan Park Planning Application

Councillors Attley/Olver: That the Council note the Assemblies of Councillors for July/August 2018 as provided. Carried

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12. ADVISORY AND SPECIAL COMMITTEE REPORTS 12.1 Mansfield Parks and Precincts Advisory Committee: Minutes of Meeting The Minutes of the Mansfield Parks and Precincts Advisory Committee meeting, held on 1 August 2018, are attached for the Council’s information. 12.2 Municipal Emergency Management Planning Committee Executive and

Municipal Fire Management Planning Committee: Minutes of Meeting The Minutes of the Municipal Emergency Management Planning Committee Executive and Municipal Fire Management Planning Committee held on 4 June 2018 are attached for the Council’s information. Attachments No. Title 1 Mansfield Parks and Precincts Advisory Committee Meeting Minutes - 2 pages 2 Municipal Emergency Management Planning Committee Executive

and Municipal Fire Management Planning Committee Minutes - 5 pages Councillors Sladdin/Attley: That the Council receive the Minutes of the following Advisory Committee meetings: • Mansfield Parks and Precincts Advisory Committee of 1 August 2018 • Municipal Emergency Management Planning Committee Executive and Municipal Fire Management Planning Committee of 4 June 2018 Carried 13. AUTHORISATION OF SEALING OF DOCUMENTS The following documentation has been signed and sealed by Council: • Instrument of Delegation by Council to Members of Council Staff – June 2018 • Instrument of Delegation by Council to the Chief Executive Officer – June 2018 • Instrument of Appointment and Authorisation (Planning and Environment Act 1987) –

June 2018 Councillors Attley/Olver: That Council note the following documents signed and sealed by Council: • Instrument of Delegation by Council to Members of Council Staff – June 2018 • Instrument of Delegation by Council to the Chief Executive Officer – June 2018 • Instrument of Appointment and Authorisation (Planning and Environment Act

1987) – June 2018 Carried

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5.54PM SUSPENSION OF STANDING ORDERS Councillors Attley/Sladdin: That Council suspend standing orders to facilitate public question time. Carried 14. PUBLIC QUESTION TIME 14.1 Questions from the public were asked from: Ross Martin Eliot Leventhal Graham Slaney James Tehan Julie Leventhal 6.15PM RESUMPTION OF STANDING ORDERS Councillors Sladdin/Attley: That Council resume standing orders. Carried

16. CLOSE OF MEETING The meeting closed at 6.16pm

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